HomeMy WebLinkAbout1996-07-16; City Council; 13743; LOCAL COASTAL PROGRAM EFFECTIVE CERTIFICATION - LCPA 95-15| MP-177-Q| MP-175-G| MCA 96-1| ZCA 95-30 Lbl is
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'I Y OF CARLSBAD - AGP A BILL 7?h$%
AB # fi,?q-q TITLE- DEPT.
MTG. 7/16/96 CERTIFICATION - LCPA 95-15MP=-177 ((4) 1 CITY 1
DEPT. CLK MP-l75(G)MCA 96-1/ZCA 95-3 CITY I
RECOMMENDED ACTION:
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WOCAL COASTAL PROGRAM EFFECTIVE rv
Adopt Ordinance Nos. NS-364 and NS-365, amending Titles 19 and 21 of the Carlsbac
Municipall Code by the addition of various sections implementing the Local Coastal Permi
Program for the City's Local Coastal Programs in the Mello I, II, and east and west Batiquito!
Lagoon segments; and
Adopt Ordinance Nos. NS-366 and NS-367, amending the Aviara and Kaiza-Poinsettia Mastel
Plans to incorporate suggested modifications made by the California Coastal Commission.
ITEM EXPLANATION
Ordinance Nos. NS-364, NS-365, NS-366, and NS-367 were introduced and first read at a
regular City Council meeting on July 9, 1996. The second reading allows Council to adopt the
ordinances which would then become effective in thirty days. The City Clerk will have the
ordinances published within fifieen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,733 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-364.
2. Ordinance No, NS-365.
3. Ordinance No. NS-366.
4. Ordinance No. NS-367.
NOTE: LOCAL COASTAL PROGRAM - 1996, VOL I & 11 (2 large binders) are filed on the shelf in the vault.
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< e .. ORDINANCE NO. NS - 3 6 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 19 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF A
SECTION IMPLEMENTING THE LOCAL COASTAL PERMIT
PROGRAM FOR THE CITY'S LOCAL COASTAL PROGRAMS
IN THE MELLO I, 11, AND EAST AND WEST BATIQUITOS
LAGOON SEGMENTS.
CASE NAME: CITY OF CARLSBAD LOCAL COASTAL
TION
PROGRAM EFFECTIVE CERTIFICA-
CASE NO: MCA 96-01
WHEREAS, the City of Carlsbad has made revisions to the City of C-
Local Coastal Program Implementing Ordinances in order to fit these ordinances w
structure of Title 19 of the existing Municipal Code; and to update or augment the regul
improve their utility.
WHEREAS, the City of Carlsbad requests that the Coastal Commissior
these revisions as "De Minimis Local Coastal Program Amendments'' (under Section 3
of the Public Resources Code) as part of the Executive Director's Determination in ac
with Article 13 Section 13544.5 (b) and (c) of the California Administrative Code.
NOW, THEREFORE, The City Council of the City of Carlsbad, Califor
ordain as follows:
SECTION I: That Title 19, Chapter 19.04 of the Carlsbad Municipa
amended by the addition of Section 19.04.060 Subsection (h) to read as follows:
'I 19.04.060 General ResDonsibilities.
(h) Within the coastal zone, if the environmental impact review process
archaeological or paleontological resources that could be adversely impacted by dev
additional site specific review shall be undertaken by a qualified professional to dete
appropriate means to mitigate the adverse effects. These mitigation measures shall be ri
be implemented as a condition of development.
They may include the requirement that an archaeologist is present onsite during grading
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EFFECTIVE DATE: This ordinance shall be effective thirty days a
adoption. The city clerk shall certifL the adoption of this ordinance and cause it to be pub1
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
adoption. Notwithstanding the foregoing, this ordinance shall not be effective until appri
the Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsl
Council on the 9th day of JULY , 1996, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Council of the
Carlsbad on the 16 th day of JULY , 1996, by the following vote, to wit:
AYES: Council Members Lewis , Nygaard, Kulchin, Finnila, Ha'
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
LL-eQ.T$nae
ATTEST:
ALETHA L. RAUTENKRANZ, city Clerld
(SEAL)
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ORDINANCENO. NS-365
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION AND AMENDMENT OF VARIOUS SECTIONS AND BY THE
THE LOCAL COASTAL PERMIT PROGRAM FOR THE CITY'S LOCAL COASTAL PROGRAMS IN THE MELLO I, 11, AND EAST AND WEST BATIQUITOS LAGOON SEGMENTS. CASE NAME: CITY OF CARLSBAD LOCAL COASTAL
ADDITION OF CHAPTERS, 21.201-205 ALL IMPLEMENTING
PROGRAM EFFECTIVE CERTIFICATION CASE NO: ZCA 95-03
WHEREAS, the City of Carlsbad has made revisions to the City of Carlsbac
Coastal Program Implementing Ordinances in order to fit these ordinances within the structt
existing zoning ordinance (Title 21 of the Carlsbad Municipal Code); and to update or aug
regulations to improve their utility.
WHEREAS, the City of Carlsbad requests that the Coastal Commission inch
revisions as "De Minimis Local Coastal Program Amendments" (under Section 30514 ((
Public Resources Code) as part of the Executive Director's Determination in accordance wit
13 Section 13544.5 (b) and (c) of the California Administrative Code.
NOW, THEREFORE, The City Council of the City of Carlsbad, Califor
ordain as follows:
SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal
amended by the addition of Section 21.04.107 to read as follows:
"21.04.107 DeveloDment (In The Coastal Zone). Development: (within the Coastal Zone) means, on land, in or under water, the plal erection of any solid material or structure; discharge or disposal of any dredged material gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extracti
materials; change in the density or intensity of use of land, including, but not limited to, SI pursuant to the Subdivision Map Act (commencing with Section 66410 of the Governmc
and any other division of land, including lot splits, except where the land division is brougl connection with the purchase of such land by a public agency for public recreational use;
the intensity of use of water, or of access thereto: construction, reconstruction, demc alteration of the size of any structure, including any facility of any private, public, or utility; and the removal or harvesting of major vegetation other than for agricultural purp harvesting, and timber operations which are in accordance with a timber harvesting plan pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (comer Section 45 1 1). As used in this section, "structure" includes, but is not limited to, any building, I flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and d
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line."
amended by the addition of Section 21.33.01 5 to read as follows: SECTION 11: That Title 21, Chapter 21.33 of the Carlsbad Municipal C
"21.33.015 Carlsbad State Beach. Developments on Carlsbad State Beach will require permits subject to the requiren the certified Local Coastal Program. The Local Coastal Program certified a coastal SI development overlay zone applicable to Carlsbad State Beach, It also established policies overall Master Plan for the area."
SECTION 111: That Title 21, Chapter 21.38 of the Carlsbad Municipal Code
is amended by the addition of Section 21.38.141 to read as follows:
"2 1.3 8.141 Additional Standards: Rancho La Costa, Batiauitos Lagoon Watershed. NOTE: Applies only to Rancho La Costa, Hunt Properties, covered by the Mellc Segment. The contents of the Master Plan as described in Chapter 21.38.060 shall incl following additional information required below and be approved in accordance with the fc additional development standards:
(a) Permits-Required. Developments as defined in Chapter 2 1.04.107, (including limited to land divisions) require a coastal development permit subject to the requiremen zone. All uses in this zone are subject to the procedural requirements of Chapter 21.201. Pr simultaneously with the approval of any division of land or any other development, a mastei development for the property called Rancho La Costa shall be approved in accordance 7
Maximum Density of Development. The Master Plan shall be approved sub maximum density of development as follows:
(1) Agricultural Land (with soils rated at I through IV under the Li Capability Classification System of the Soil Conservation Service) shall result in an a intensity of development of 1 residential dwelling unit per 10 acres,
(2) All slopes greater than 25% shall result in an allowable development of 1 dwelling unit per ten acres,
(3) All slopes greater than 20% but less than 25% shall result in a dew intensity of 1 dwelling unit per five acres,
(4) All slopes greater than 15% but less than 20% shall result in a dew intensity of 1 dwelling unit per acre,
(5) All slopes greater than 10% but less than 15% shall result in a dew intensity of 2 dwelling units per acre,
(6) All areas with a slope of less than 10% shall result in a development of 6 units per acre.
The Master Plan shall include a topographic map at a scale Sufi
determine the above but no less than 1"=100 feet having a contour interval of 5 feet with
erodibility, and class based on the Land Use Capability Classification System of
Conservation Service shall be submitted in the same scale as the slopes. The Master Plan SI the computation of the densities and acreage of soils of the various classes and erodibility.
The plan required as a part of the Master Plan shall be certified as ac
a registered engineer or other qualified professional to be true and accurate containing re
accurate estimates of the amount of cut and fill. The plan shall show the existing and thc
topography of the ground to be graded and filled, including a site plan of the proposed resii
commercial development in the same scale so that it can be superimposed upon the topograI
Drainage and Erosion Controi. Any development proposal that affects ste
provisions of this chapter.
(b)
delineating areas of greater than 10, 15,20, and 25 percent slopes, A map showing the ty~
(c)
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(25% inclination or greater) shall be required to prepare a slope map and analysis for the a
slopes. Steep slopes are identified on the PRC Toups Maps. The slope mapping and analys be prepared during the CEQA environmental review on a project-by-project basis and s required as a condition of a coastal development permit.
and/or coastal sage scrub and chaparral plant communities, the following policy language
apply: Slopes of 25% grade and over shall be preserved in their naturi
unless the application of this policy would preclude any reasonable use of the property, ir
case an encroachment not to exceed 10% of the steep slope area over 25% grade may be per
For existing legal parcels, with all or nearly all of their area in slope area over 25%
encroachment shall be limited so that at no time is more than 20% of the entire parcel (in
areas under 25% slope) permitted to be disturbed from its natural state. This policy shall nc
to the construction of roads of the City's Circulation Element or the development of utility s!
Use of slopes over 25% may be made in order to provide access to flatter areas if there is
environmentally damaging alternative available.
(B) No further subdivisions of land or utilization of Planne
Developments shall occur on lots that have their total area in excess of 25% slope unless a
Unit Development is proposed which limits grading and development to not more than lo'?
total site area. Slopes and areas remaining undisturbed as a result of the
review process, shall be placed in a permanent open space easement as a condition of devel
approval. The purpose of the open space easement shall be to reduce the potential for 1(
erosion and slide hazards, to prohibit the removal of native vegetation except for creating fil
andor planting fire retardant vegetation and to protect visual resources of importance to tk
community.
For all other steep slope areas, the City Council may allow exceptior
above grading provisions provided the following mandatory findings to allow exceptions are
(A) A soils investigation conducted by a licensed soils engir
determined the subject slope area to be stable and grading and development impacts mitiga
at least 75 years, or life of structure.
(€3) Grading of the slope is essential to the development intent and
(C) Slope disturbance will not result in substantial damage or alte
major wildlife habitat or native vegetation areas.
(D) If the area proposed to be disturbed is predominated by stee
and is in excess of 10 acres, no more than one third of the total steep slope area shall be si
major grade changes.
(E) If the area proposed to be disturbed is predominated by stee and is less than 10 acres, complete grading may be allowed only if no interruption of si
wildlife corridors occurs.
(F) Because north-facing slopes are generally more prone to
problems and in many cases contain more extensive natural vegetation, no grading or rei
vegetation from these areas will be permitted unless all environmental impacts have been m
Overriding circumstances are not considered adequate mitigation.
Drainage and runoff shall be controlled so as not to exceed at any timc
associated with property in its present state, and appropriate measures shall be taken on and
to prevent siltation of lagoons and other environmentally sensitive areas.
(1) For those slopes mapped as possessing endangered planthima1
(A)
' (C)
(2)
(3)
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(4)
(5)
The appropriate measures shall be installed prior to onsite grading.
Modification of these standards and criteria may be granted to PC
properties where strict application of the standards and criteria would, even after appli
clustering and other innovative development techniques, result in less than one-ha1
development potential that would be attainable under the maximum density of dev
specified in(b) above.
Such modification shall be limited to the standards and criteria expl
(c)(l)(A) above, and shall not exceed that necessary to the attainment of said one-hi
development potential.
Where such modification must involve grading or other disruption o
20% slope or greater, such grading or disruption shall be limited to not more than one-fou
land area of the property which is of 20% slope or greater.
In selecting areas within the property of 20% slope or greater whic
subject to modification of standards and criteria, lands with the following characteris
receive preference.
Land with the lowest relative degree of environmental sensitjl
Land with the relatively gentler slopes.
0 Land which will require the least amount of cut and fill,
which runoff and erosion can be most effectively controlled.
0 Land with the least amount of visual impact when viewe
circulation element road or public vista point.
0 Land which, when graded and developed, would have
environmental and visual impact on the steep-sloped land form upon which such g
development is to take place.
A site specific technical report shall be required addressing the c
effects of developing each subwatershed and recommending measures to mitigate both
runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosic
Ordinance contained in the Master Drainage Plan, with the additions and changes adopt
such that a natural drainage system is generally preserved for the eastern undeveloped w
but that storm drains are allowed for those western portions of the watershed which ha7
been incrementally developed.
Mitigation measures tailored to project impacts and consistent with t
of cumulative development shall be implemented prior to development in accordance
following additional criteria:
Submittal of a runoff control plan designed by a licensec
qualified in hydrology and hydraulics, which would assure no increase in peak runoff ratc
developed site over the greatest discharge expected from the existing undeveloped site as
a 10-year frequency storm. Runoff control shall be accomplished by a variety of
including, but not limited to, onsite catchment basins, detention basins, siltation traps a
dissipators and shall not be concentrated in one area or a few locations.
(B) Detailed maintenance arrangements and various altern
providing the ongoing repair and maintenance of any approved drainage and erosic
facilities. If the offsite or onsite improvements are not to be accepted or maintained b
agency, detailed maintenance agreements shall be secured prior to issuance of a permit.
All permanent runoff and erosion control devices shall be
and installed prior to or concurrent with any onsite grading activities.
(6)
(7)
(A)
(C)
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(D) All grading activities shall be prohibited within the perioc
October 1st to March 3 1st of each year.
(E) All areas disturbed by grading, but not completed durii
construction period, including graded pads, shall be planted and stabilized prior to October 1
temporary or permanent (in the case of finished slopes) erosion control measures and
vegetation. The use of temporary erosion control measures, such as berms, interceptor (
sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunctia
plantings to minimize soil loss from the construction site. Said planting shall be accomplishec
the supervision of a licensed landscaped architect and shall consist of seeding, mulching, ferti
and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be rep€
the required level of coverage is not established. This requirement shall apply to all disturbe
including stockpiles.
Bufferdopen Space. The master plan shall include buffers and open SI
separate agriculture use fi-om residential development.
Adequate buffer areas, generally of at least 100 feet, between agricultural opc
and new development shall be established and protected through conservation easements. Thl
area shall include natural vegetation, natural grade separations, and other natural featui
addition, roads shall be designed as much as possible to function as buffers between agricult
residences. Residential uses shall be sited and designed to provide an open space area aw<
use conflicts. Cut and fill shall not occur adjacent to agricultural areas in order to provide a
buffer. The P-C zone requirement of open space can be used in conjunction with this requii
Lands to be preserved in open space shall be dedicated to coastal conservancy through thc
open space easements in perpetuity free of prior liens prior to issuance of a permit. Land st
open space easements may remain in private ownership with the appropriate easemei
restrictions and maintenance arrangements to be secured from the developer prior to issusu
permit. The City shall require the developer or a homeowner's association to maintain the opt
area or it can alternatively require payment of fees if the Coastal Conservancy certifies
maintenance fee is adequate. If a homeowner association is to maintain the open space, apy
provision for fees and maintenance shall be required as a condition of approval of the permit.
Siting/Parking. Due to severe site constraints, innovative siting and design
(including shared use of driveways, clustering, tandem parking, pole construction) :
incorporated in the Master Plan to minimize the paved surface area. Dwelling units shall be (
in the relatively flat portions of the site."
(d)
(e)
SECTION IV: That Title 2 1, Chapter 2 1.38 of the Carlsbad Municipal Code
is amended by the addition of Section 2 1.3 8.160 to read as follows:
"2 1.38.160 Additional Standards - Upper Anua Hedionda Watershed.
The Contents of a Master Plan for Kelly Point and Macario Canyon area as identifit
Carlsbad Local Coastal Program shall include the following additional information requirc
and be approved in accordance with the following additional development standards:
Permits - Required. Developments as defined in Chapter 21.04.107, (inch
not limited to land divisions) require a coastal development permit subject to the requireme
zone. All uses in this zone are subject to the procedural requirements of Chapter 2 1.20 1. P
simultaneously with the approval of any division of land or any other development, a mask
(a)
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development for the property containing the requirements specified below shall be subm
approved.
(b) Maximum Density of Development. The Master Plan shall be approved sul maximum density of development as follows:
(1) All slopes greater than 25 percent shall result in an allowable dev
intensity of 1 dwelling unit per ten acres;
(2) All slopes greater than 20 percent but less than 25 percent shall rt
development intensity of 1 dwelling unit per five acres;
(3) All slopes greater than 15 percent but less than 20 percent shall r(
development intensity of 1 dwelling unit per acre;
development intensity of 2 dwelling units per acre;
All areas with a slope of less than 10 percent shall result in a deb
intensity of 6 units per acre;
For the Kelly Ranch Master Plan area, residential densities and slop
shall be permitted and based on those contained in the City approved master plan and as apy
the Coastal Commission in Permit 6-84-617.
(7) Approximately 4 acres located adjacent to the extension of Cannon E
as described in Coastal Development Permit 6-84-6 17 are designated for visitor-st
Neighborhood Commercial use.
The plan required as a part of the Master Plan shall be certified as ac
a registered engineer or other qualified professional to be true and accurate containing rt
accurate estimates of the amount of cut and fill. The plan shall show the existing and tht
topography of the ground to be graded and filled, including a site plan of the proposed resi
commercial development in the same scale so that it can be superimposed upon the topogral
The Master Plan shall include a topographic map at a scale suf
determine the above but no less than 1" = 100 feet having a contour interval of 5 feet witl-
delineating areas of greater than 10, 15,20, and 25 percent slopes. A map showing the ty
erodibility, and class based on the Land Use Capability Classification System of
Conservation Service shall be submitted in the same scale as the slopes. The Master Plan s
the computation of the densities and acreage of soils.
(c) Erosion, Drainage, Sedimentation. Subject to the modifications, add
exceptions expressed below, as a part of the permit application, the applicant shall submit a
sedimentation and drainage plan, prepared by a qualified professional, including the requirt
the Model Erosion Control Ordinance reprinted in the Appendix to the June 1980 Carlsbs
Drainage Plan, the requirements of the Master Drainage Plan, and the additional reqi
specifically enumerated herein. For purposes of this zone, the June 1980 Master Drainage
its appendices are herein incorporated by this reference and are a part of this zone. No si
amendments are a part of this zone unless certified by the Coastal Commission. Th
provisions, standards, content of plans and implementation contained therein are in addit
provisions below. Approved development shall include the following conditions, in addit
requirement specified above:
A soils map in the scale of 1" = 100 feet, showing both the erodibili
and the type and location of soils, using the SCS Land Use Capability Classification SJ
standards of erodibility developed by SCS. The soils map shall be certified by a soils e1
true and accurate.
(4) All slopes greater than 10 percent but less than 15 percent shall rl
(5)
(6)
(1)
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(2) Any development proposal that affects steep slopes (25% inclina.
greater) shaii be required to prepare a slope map and analysis for the affected slopes. Steey:
are identified on the PRC Toups Maps. The slope mapping and analysis shall be prepared dw
CEQA environmental review on a project-by-project basis and shall be required as a conditi
Coastal Development Permit.
For those slopes mapped as possessing endangered plant (A) species andlor coastal sage scrub and chaparral plant communities, the following policy 15
would apply:
natural state, unless the application of this policy would preclude any reasonable use of the p
in which case an encroachment not to exceed 10% of the steep slope area over 25% grade
permitted. For existing legal parcels, with all or nearly all of their area in slope area over 259
encroachment may be permitted; however, any such encroachment shall be limited so that at
is more than 20% of the entire parcel (including areas under 25% slope) permitted to be d
from its natural state. This policy shall not apply to the construction of roads or tb
Circulation Element or the development of utility systems. Uses of slopes over 25% may be
order to provide access to flatter areas if there is no less environmentally damaging alt
available.
No further subdivisions of land or utilization of Planr
Developments shall occur on lots that have their total area in excess of 25% slope unless a
Unit Development is proposed which limits grading and development to not more than 109
Slopes and areas remaining undisturbed as a resull
hillside review process, shall be placed in a permanent open space easement as a conc
development approval. The purpose of the open space easement shall be to reduce the pote
localized erosion and slide hazards, to prohibit the removal of native vegetation except for
firebreaks andor planting fire retardant vegetation and to protect visual resources of impoi
the entire community.
For all other steep slope areas, the City Council may allow ex
to the above grading provisions provided the following mandatory findings to allow excep
made:
A soils investigation conducted by a licensed soils engj
determined the subject slope area to be stable and grading and development impacts mitiga
at least 75 years, or life of structure.
Grading of the slope is essential to the development ir
design.
alteration to major wildlife habitat or native vegetation areas.
If the area proposed to be disturbed is predominated
slopes and is in excess of 10 acres, no more than one third of the total steep slope area
subject to major grade changes.
If the area proposed to be disturbed is predominated
slopes and is less than 10 acres, complete grading may be allowed only if no intern
significant wildlife corridors occurs.
stability problems and in many cases contain more extensive natural vegetation, no gi
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(i) Slopes of 25% grade and over shall be preserved
(ii)
total site area.
(iii)
(B)
(i)
(ii)
(iii) Slope disturbance will not result in substantial da
(iv)
(v)
(vi) Because north-facing slopes are generally more
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removal of vegetation from these areas will be permitted unless all environmental impacts hay
mitigated. Overriding circumstances are not considered adequate mitigation.
associated with property in its present state, and appropriate measures shall be taken on and/or
to prevent siltation of Agua Hedionda Lagoon and other environmentally sensitive areas.
The appropriate measures shall be installed prior to onsite grading.
All undevelopable slopes shall be placed in open space easemen'
condition of development approval.
A site specific technical report shall be required addressing the cun
effects of developing each subwatershed and recommending measures to mitigate both in
Ordinance contained in the Master Drainage Plan, with the additions and changes adopted
such that a natural drainage system is generally preserved for the eastern undeveloped watc
but that stormdrains are allowed for those western portions of the watershed which have alrea
incrementally developed.
Mitigation measures tailored to project impacts and consistent with the
of cumulative development shall be implemented prior to development in accordance F
Submittal of a runoff control plan designed by a licensed c
qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate f
developed site over the greatest discharge expected from the existing undeveloped site as a 1
a 10-year frequency storm. Runoff control shall be accomplished by a variety of m
including, but not limited to, onsite catchment basins, detention basins, siltation traps and
dissipators and shall not be concentrated in one area or a few locations.
(B) Detailed maintenance arrangements and various altemati
providing the ongoing repair and maintenance of any approved drainage and erosion
facilities. If the offsite or onsite improvements are not to be accepted or maintained by
agency, detailed maintenance agreements shall be secured prior to issuance of a permit.
(C) All permanent runoff and erosion control devices shall be dc
and installed prior to or concurrent with any onsite grading activities.
(D) All grading activities shall be prohibited within the peric
October 1 to March 3 1 of each year.
(E) All areas disturbed by grading, but not completed dui
construction period, including graded pads, shall be planted and stabilized prior to Novembc
temporary or permanent (in the case of finished slopes) erosion control measures anc
vegetation. The use of temporary erosion control measures, such as berms, interceptor
sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjuncti
plantings to minimize soil loss from the construction site. Said planting shall be accomplish
the supervision of a licensed landscape architect and shall consist 'of seeding, mulching, fen
and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be re1
the required level of coverage is not established. This requirement shall apply to all disturt
including stockpiles.
Agricultural Preservation. Due to overriding and extensive wetland preserv:
protection provisions of the Kelly Ranch Master Plan as approved by the City of Carl:
California Coastal Commission in Permit 6-84-6 17, agricultural preservation policies are wa
Agricultural preservation policies for the remaining areas covered by this si
(3) Drainage and runoff shall be controlled so as not to exceed at any time
(4)
(5)
(6)
runoff and sedimentation. It shall be reviewed and prepared according to the Modei Erosion
(7)
following additional criteria:
(A)
(d)
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have been deleted by Local Coastal Program Amendment 2-85.
designation, provided that any park construction is subject to Section (C), Erosion,
Sedimentation above.
SitingParking. Due to severe site constraints, innovative siting and desi€
(including shared use of driveways, clustering, tandem parking, pole construction)
incorporated in the Master Plan to minimize the paved surface area. Dwelling units
clustered in the relatively flat portions of the site."
(e) Park Purposes. Park purposes shall be a permitted use compatible with thi:
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SECTION V: That Title 21, Chapter 21.40 of the Carlsbad Municipal
amended by the addition of Section 2 1.40.135 to read as follows:
"2 1.40.1 3 5 Coastal Zone Restrictions.
Within the coastal zone, existing public views and panorama shall be maintained
the individualized review process, sites considered for development shall be conditioned st
obstruct or otherwise damage the visual beauty of the coastal zone. In addition to the aba
limitations and see-through construction techniques should be employed. Shoreline de
shall be built in clusters to leave open areas around them to permit more frequent vie
shoreline. Vista points shall be incorporated as a part of larger projects. The unique cha
of older communities such as the Carlsbad Village Drive corridor shall be preserved throi
requirements which are in accordance with the flavor of the existing neighborhood."
SECTION VI: That Title 21 , Chapter 21.41 of the Carlsbad Municipa
amended by the addition of Section 21.41.070, Subsection (1 1) to read as follows:
"21.41.070 (1 1)
(1 1) The following sign restrictions apply to properties in the coastal zone excep
(A) Each business shall be entitled to one facade sign.
(B) Each shopping complex shall have only one directory sign not to
feet in height, including mounting.
(C) Monument sign height including mounting shall not exceed 8 fee
apply where three (3) or fewer commercial establishments exist on a parcel.
(D) Tall freestanding and road signs shall not be allowed.
(E) Off-premise signs shall not be allowed."
SECTION VII:
Hedionda Lagoon and Village Redevelopment Segments.
That Title 2 1 , Chapter 2 1.42 of the Carlsbad Municil
amended by the amendment of Section 21.42.020 Subsection (1) to read as follows:
"2 1.42.020 Facts Required Prior To Granting Permit.
A conditional use permit shall be granted only if the following facts are found
regard thereto:
(1) That the requested use is necessary or desirable for the developmc
community, is essentially in harmony with the various elements and objectives of the Ge
including if applicable the certified Local Coastal Program, and is not detrimental to exisf
to uses specifically permitted in the zone in which the proposed use is to be located;"
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SECTION VIII: That Title 21, Chapter 21.50 of the Carlsbad Municipa
amended by the amendment of Section 21.50.010 to read as follows:
"21.50.010 Variance - Granting Authority.
When practical difficulties, unnecessary hardships, or results inconsistent with thc
purpose of this title result through the strict and literal interpretation and enforceme1
provisions hereof, the Planning Commission shall have authority, as an administrative act, z
the provisions of this title as may be in harmony with its general purpose and intent, so that
of this title shall be observed, public safety and welfare secured and substantial justice don
coastal zone, a variance shall not be allowed to diminish or otherwise adversely a
substantive requirements for protection of coastal resources."
the provisions of this article, to grant upon such conditions as it may determine, such varia
SECTION IX: That Title 21, Chapter 21 SO of the Carlsbad Municipal
amended by the amendment of Section 21.50.030, Subsection (4) to read as follows:
"2 1.50.030(4)
(4) That the granting of such variance will not adversely affect the comprehensiv,
lan, or in the Coastal Zone, that the granting of such a variance is consistent with and im p the requirements of the certified Local Coastal Program and that the granting of such varia
not reduce or in any manner adversely affect the requirements to protect coastal resc
specified in the zones included in this title and that the variance implements the purposes
adopted as implementation of the Local Coastal Program Land Use Plan."
SECTION X: That Title 21, Chapter 21.52 of the Carlsbad Municipal
amended by the amendment of Section 21 S2.010 to read as follows:
"21.52.010 When.
Boundaries of the zones established by this title, the classification of property uses tk
other provisions of this title may be amended whenever public necessity, convenience an(
welfare require. Within the Coastal Zone such boundary changes shall not be effect
approved as a Local Coastal Program Amendment.
SECTION XI: That Title 21, Chapter 21.52 of the Carlsbad Municipal Code is ami
the amendment of Section 21.52.160 to read as follows:
"21.52.160 General Plan and LCP Amendments.
(a) Amendments to the General Plan or to any of the elements thereof shall be p
in accord with this chapter. All provisions of this chapter applicable to the amendment of
shall also apply to General Plan amendments with the exception of the time requirement for
Commission and City Council hearings. Planning Commission and City Council hea
General Plan amendments shall be held at such times as the City Council shall by motion est
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(b) Amendments to the certified Local Coastal Program shall be processed accoi
Section 30514 of the Public Resources Code."
SECTION XII: That Title 21, Chapter 21.54 of the Carlsbad Municipal
amended by the amendment of Section 21 -54.050 to read as follows:
"21 S4.050 Setting of Hearing.
All proposals for amending zone or General Plan boundaries reclassifications 01
granting of any development permit or approval requiring a hearing as provided in this title
set for hearing by the Director when such hearings are to be held before the Planning Cor
and by the City Clerk for hearings to be held before the City Council. Conditional uses in tht
zone shall be subject to the requirements of this chapter and the additional requirements of
21.81 or 21.201 as applicable."
SECTION XIII: That Title 2 1, Chapter 2 1.54 of the Carlsbad Municipal
amended by the addition of Section 2 1.54.060, Subsection (l)(e) to read as follows:
"21.54.060 (l)(e) Notices In The Coastal Zone.
(e) Within the coastal zone, notice shall additionally be provided to occupants wi
fi. of the site and to the Area Office of the California Coastal Commission. Such notice mailed not less than ten days before the date of the public hearing."
SECTION XIV: That Title 21, Chapter 2 1.54 of the Carlsbad Municipal
amended by the amendment of Section 21 S4.061 to read as follows:
"21.54.061 Content of Notice.
(a) The notice given pursuant to Section 21.54.060 shall include the date time a
of a public hearing, the identity of the hearing body or officer, a general explanation of the 1
be considered, and a general description, in text or diagram, of the location of the real pr
any, that is the subject of the hearing.
However, within the coastal zone such notice shall contain the following a
information:
(1)
(2)
(3)
(4)
(5)
(b)
a statement that the development is within the coastal zone;
the date of filing of the application and the name of the applicant;
the number assigned to the application;
a brief description of the general procedure of local government co
the system for local and Coastal Commission appeals, including any 1
the conduct of hearing and local actions;
required, expressly stating whether the matter is appealable to the Coastal Commission.''
SECTION XV: That Title 2 1 , Chapter 21.54 of the Carlsbad Municipa
amended by the amendment of Section 2 1.54.100 to read as follows:
"2 1.54.100 Hearinn Continuance Without Public Notice.
If, for any reason, testimony on any case set for public hearing cannot be complett
date set for such hearing, the person presiding at such public hearing may, before adjour
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recess thereof, publicly announce the time and place to, and at which, said hearing will be COI
and no further notice is required. However, within the coastal zone, if a decision on a devel
permit is continued by the local government to a time which is neither (a) previously statec
notice provided pursuant to Section 2 1 S4.060, nor (b) announced at the hearing to be contini
time certain, the City shall provide notice of the further hearings (or action on the p
development) in the same manner and within the same time limits as established in !
21.54.060 and 21.54.061."
SECTION XVI: That Title 21, Chapter 21.54 of the Carlsbad Municipal
amended by the amendment of Section 21.54.120 to read as follows:
"21.54.120 General Plan Amendments (Except For The Coastal Zone).
All provisions of this chapter applicable to the amendment of zone classifications SI
apply to amendments to the General Plan or to any of the elements thereof,
amendments under Chapter 21.52, the notice of such hearings may be combined with those
for general plan amendments under this section."
SECTION XVII:
If the hearings for general plan amendments are held at the same time as hearings
That Title 21, Chapter 21.55 of the Carlsbad Municipal
amended by the amendment of Section 21 S5.020 to read as follows:
"21.55.020 Authority - Conflict.
This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing wit1
65970) of Division 1 of Title 7 of the California Government Code. In the case of any
between the provisions of this chapter, and those of Chapter 4.7, the latter shall prevail.
SECTION XVIII: That Title 21, Chapter 21.56 of the Carlsbad Municipa
amended by the amendment of Section 21 S6.010 to read as follows:
"2 1 S6.0 10 Provisions To Be Minimum Requirements - Conflict Of Provisions.
In interpreting and applying the provisions of this title they shall be held to be the I
requirement for the promotion of the public health, safety, comfort, convenience and genera'
It is not intended by this title to interfere with or abrogate or annul any easement, covenan
agreement between parties, provided, however, for developments located in the coas
easements, covenants, or other agreements between parties may not annul the requ
restrictions or obligations placed on the zone. When this title imposes a greater restriction
use of building or land, or upon the height of buildings, or requires larger open spaces
imposed or required by other ordinances, rules, regulations, or by easements, cove
agreements, the provisions of this title shall control."
SECTION XIX: That Title 2 1, Chapter 2 1.6 1 of the Carlsbad Municip:
amended by the addition of Section 21 -61.025 to read as follows:
"21.61.025 Notification Of Litigation And Attorney General Intervention For Dev
In The Coastal Zone.
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The provisions of Public Resources Code Sections 30800 et seq. shall apply to develo
in the coastal zone and in any case where no appeal has been filed from the decision of
government on a development permit in the coastal zone (including decisions on Non-App
developments) or where an appeal has been filed but the Commission has determined not to I;
appeal, and where litigation has subsequently been commenced against the local gove
concerning its decision, the local government and plaintiff or petitioner shall promptly for
copy of the complaint or petition to the Executive Director of the Commission. At the reques
IocaI government (with the concurrence of the Commission) or upon an order of the Corn
the Executive Director shall request the Attorney General to intervene in such litigation on bl
the Commission. Administrative remedies pertaining to coastal development permits are not
regulations have been utilized."
to have been exhausted unless all appeal procedures provided by the California Coastal Act
SECTION XX: That Title 21, of the Carlsbad Municipal Code is amei
the addition of Chapter 21.201 to read as follows:
Chapter 21.201
Coastal Development Permit Procedures
Sections:
21.201.010 Purpose.
2 1.20 1.020 Definitions.
2 1.201.030 Requirements For Coastal Development Permits.
2 1.20 1.040 Application.
21.201.050 Determination of Applicable Notice and Hearing Procedures.
2 1.20 1.060 Exemptions and Categorical Exclusions from Coastal Development Pe
Procedures.
21.201.070 Repair and Maintenance Activities Requiring a Coastal Development
Permit.
21.201.080 Minor Coastal Permits.
2 1.20 1.090 Notice of Public Hearing.
21.20 1.100 Notice of Local Government Action When Hearing Continued.
2 1.20 1.1 10 Planning Commission Action.
2 1.20 1.120 Appeal of Planning Commission Decision.
2 1.20 1.130 Appeals of Coastal Commission.
21.201.140 Exhaustion of Local Appeals.
21.20 1.150 Public Hearing on Appealable Developments.
2 1.20 1.160 Finality of City Action.
2 1.201.170 Notice of Final City Action.
2 1.201.180 Local Government Action - Effective Date.
21.201 -200 Expiration of the Coastal Development Permit.
21.20 1.2 10 Extensions.
2 1.20 1.220 Permit Amendment.
21.201.230
2 1.201.240
2 1.20 1.190 Application for Emergency Permits.
Coastal Development Permits Issued by Coastal Commission.
Violations of the Public Resources Code.
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"2 1.20 1 .O 1 0 Purpose.
This chapter establishes the permit procedures for developments located in the coas
This chapter is based on the Local Coastal Program Implementation Regulations adopt4
California Coastal Commission pursuant to Public Resources Code Sections 30620,6 and 31
as such shall constitute the minimum procedural requirements for review of develop me^
coastal zone pursuant to Public Resources Code Section 30600 (d)."
"2 1.20 1.020 Definitions.
A. Aggrieved Person: Any person who, in person or through a representative,
at a public hearing of the City in connection with the decision or action appealed, or who,
appropriate means prior to a hearing, informed the City of the nature of his concerns or who
cause was unable to do either.
B. Allowable Use: Any use allowed by right which does not require a public 1
any discretionary or non-discretionary permit of the approving authority.
C. Appealable Development: In accordance with Public Resources Code:
30603(a) any of the following:
1. Developments approved by the local government between the sea an,
public road paralleling the sea or within 300 feet of the inland extent of any beach or of
high tide line of the sea where there is no beach, whichever is the greater distance.
paragraph C.l. of this section located on tidelands, submerged lands, public trust lands, w
feet of any wetland, -estuary, stream or within 300 feet of the top of the seaward face of ar
bluff.
Any development which constitutes a major public works project o
energy facility. The phrase "major public works project or a major energy facility" as used
Resources Code Section 30603(a) (5) and its regulations shall mean any proposed pub
project, as defined by Section 13012 of the Coastal Commission Regulations, (Title 14 C
Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Cod(
30107.
Appellant: Any person who may file an appeal and includes an applic
aggrieved person or any two members of the Coastal Commission.
Applicant: The person, partnership, corporation, state or local governmen
applying for a coastal development permit.
Approving Authority: The city officer, Planning Commission or Council apl
Categorically Excluded Development: A development (upon request of
2. Developments approved by the local government not include(
3.
D.
E.
F.
G.
coastal development permit.
public agency or other person) which the Director has determined pursuant to Section21.2(
of this Code to have no potential for significant adverse effect on Coastal Resources or Ac
therefore, has issued an Exclusion .
Coastal Zone: The Coastal Zone shall mean the Coastal Zone of the City of
as described in the Public Resources Code Section 30103. This Chapter shall apply in thc
Zone (except in the Agua Hedionda Lagoon and Village Redevelopment Segments).
H.
I. Commission: California Coastal Commission.
J. Director: The Director of Planning.
K. Executive Director: Executive Director of the Coastal Commission.
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1 2 1.201.250 Severability.
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L. Local Coastal Program: The City's land use plan, zoning ordinances, zoning
and other implementing actions certified by the Coastal Commission as meeting the requireml
the California Coastal Act of 1976.
Major Energy Facility: Any energy facility as defined by Public Resource5
Section 30107 and exceeding one hundred thousand dollars in estimated cost of construction.
Major Public Works Project: Any public works project as defined by T
California Code of Regulations Section 13012 and exceeding one hundred thousand dol
estimated cost of construction.
Permitted Use: Any use allowed by right which does not require a public heari
does require a discretionary or non-discretionary permit (e.g. building permit) to be issued
approving authority.
development permit required to be issued by the approving authority before a developme
proceed."
M.
N.
0.
P. Other Permits and Approvals: Permits and approvals, other than a
"21.201.030 Requirements For Coastal Development Permits.
Except as provided in Section 21,201,060 below, any applicant wishing to undt
development (defined in Section 21.04.107) in the coastal zone shall obtain a coastal devel
emit in accordance with the provisions of this Chapter, in addition to any other permit reqi p law. Development undertaken pursuant to a coastal development permit shall conform to th
specifications, terms and conditions approved in granting the permit. The procedures pr(
herein may be used in conjunction with other procedural requirements of the approving ai
provided that the minimum requirements as specified herein are assured."
"2 1.201.040 Application
Application for a coastal development permit shall be made in accordance v
procedures set forth in this section.
A. An application for a permit may be made by the record owner or owner!
property affected or the authorized agent of the owner or owners. The application shall be fi
the Director upon forms provided by the Director. The application shall be accompa
adequate plans which allow for detailed review pursuant to this chapter, a legal descriptio
At the time of filing the application the applicant shall pay a processing 1
amount specified by City Council resolution.
Unless the property has previously been legally subdivided and no further SUI
is required the application shall be accompanied by a tentative map which shall be filed
Director in accordance with procedures set forth in Chapter 20.12 of this code. If thc
contains four or less lots or units, the application shall be accompanied by a tentative pa
which shall be filed with the city engineer in accordance with procedures set forth in Chap
of this code.
Whenever the development would require a permit or approval under the p
of this title, notwithstanding this chapter, the application shall include sufficient information
review of such permit or approval. Application for all permits or approvals under this tit11
coastal permit may be consolidated into one application.
The Director may require that the application contain a description of the
alternatives to the development or mitigation measures which will be incorporated
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property and all other materials and information specified by the Director.
B.
C.
D.
E.
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development to substantially lessen any significant effect on the environment which may I:
by the development.
"21.201.050 Determination Of Applicable Notice And Hearinn Procedures.
The determination of whether a development is Exempt, Categorically Excludl
Appealable, or Appealable for purposes of notice, hearing and appeals shall be made by the
at the time the application for development is submitted. This determination shall be IT
reference to the certified Local Coastal Program. including maps, Categorical Exclusions,
an applicant, interested person, or the Director has a question as to the appropriate procec
following procedures shall be followed:
The Director shall make the determination as to what type of development
proposed (Le. Exempt, Categorically Excluded, Appealable, Non-Appealable) and shall ir
applicant of the notice and hearing requirements for that particular development.
If the determination of the Director is challenged by the applicant or an j
person, or if the Director wishes to have a Commission determination as to the aF
designation, the City shall notify the Commission by telephone of the dispute/question
request an Executive Director's opinion;
The Executive Director shall within two (2) working days of the Director re(
upon completion of a site inspection where such an inspection is warranted), tr:
determination as to whether the development is Exempt, Categorically Excluded, Non-Appc
Appealable;
D. Where, after the Executive Director's investigation, the Executive I
determination is not in accordance with the Director determination, the Commission sha
hearing for the purpose of determining the appropriate designation for the area. The Cor
shall schedule the hearing on the determination for the next Commission meeting in the ap
geographic region following the Director request."
designations, and zoning ordinances adopted as part of the certified Local Coastal Progrm
A.
B.
C.
"2 1.20 1.060 ExemDtions and Categorical Exclusions From Coastal DeveloDmer
A. Exemptions. The following projects are exempt from the requirements of
1.
Procedures.
development permit:
Improvements to existing single-family residential building except:
a.
b.
c.
On a beach, wetland or seaward of the mean high tide line.
Where the residence or proposed improvement would encroac
fifty feet of the edge of a coastal bluff;
On property located between the sea and the first puk
paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high ti
sea where there is no beach, whichever is the greater distance, or in significant scenic resour
as designated by the Commission or regional Cornmission, improvement that would res1
increase of 10 percent or more of internal floor area of an existing structure or an a
improvement of 10 percent or less where an improvement to the structure had previou
undertaken pursuant to Public Resources Code Section 30610(a), increase in height by mort
percent of an existing structure and/or any significant non-attached structure such as garage!
shoreline protective works or docks.
d. Any significant alteration of land forms including ren
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placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the e
coastal bluff except as provided in subsections 2 1.20 1.060,8 and 10.
e. Expansion or construction of water wells or septic systems.
For the purposes of this section an existing single-family n
building shall include all appurtenances and other accessory structures, including decks
attached to the residence; accessory structures or improvements on the property normally a
with residences, such as garages, swimming pools, fences and storage sheds but not includ
houses or self-contained residential units; landscaping on the lot.
Improvements to existing structures other than a single-family resi
pubic works facility except:
a. On a beach, wetland, lake or stream or seaward of the mean
line.
b. Where the structure or improvement would encroach within
of the edge of the coastal bluff;
c. On property located between the sea and the first pul
paralleling the sea or within three hundred feet of the inland extent of any beach or of the n
tide of the sea where there is no beach, whichever is the greater distance, any improve1
structure other than a single-family residence or public works facility that would increa
percent or more the internal floor area of an existing structure, or any additional improvemi
an improvement to the structure had previously been undertaken to Public Resources Cod
30610(b), or this section, and the cumulative increase of the improvements is ten percent 01 any improvement which would increase the height of a structure by ten percent or more;
d. Any improvement which changes the intensity of use of a stn
e. Any significant alteration of land forms including rei
placement of vegetation on a beach, wetland, or sand dune, or within one hundred feet of tl
a coastal bluff or stream except as provided in subsections 21.201.060 (8) and (10) of thi
and
Any improvement made pursuant to a conversion of ar
structure from a multiple unit rental use or visitor serving commercial use to a use invol-
ownership or long-term leasehold including but not limited to a condominium convers
cooperative, conversion or motelhotel timesharing conversion.
2.
f.
g.
Harvesting of agricultural crops, or other agriculturally related
specifically defined as permitted uses in the applicable zone which require no other pe
approvals of the approving authority, and are thereby allowable uses herein.
Expansion or construction of water wells or septic systems.
3. Occupancy permits.
4.
5.
6.
Fences for farm or ranch purposes.
Water wells, well covers, pump houses, water storage tanks of
10,000 gallons capacity and water distribution lines, including up to 100 cubic yards of
grading, provided such water facilities are used for onsite agriculturally-related purposes 01
Water impoundments located in drainage areas not identified as
streams (dashed or solid) on USGS 7 1/2 minute quadrangle maps, provided such impoun
not exceed 25 acre feet in capacity.
Water pollution control facilities for agricultural purposes if con!
comply with waste discharge requirements or other orders of the Regional Water Quali
7.
4 8.
Board.
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9. Landscaping on the lot unless the landscaping could result in erc
damage to sensitive habitat areas.
1 0. Repair or maintenance activities not described in Section 2 1.20 1.07
section, and
11. Activities of public utilities as specified in the Repair, Mgntena
Utility Hook-Up Exclusion adopted by the Coastal Commission, September 5, 1978, and as I
from time to time."
Catenorical Exclusions. In addition to those projects exempted pursuant to su
(A) of this section, the City Council may designate by resolution, after a public hearing, ci
of development which have no potential for any significant adverse effect, either indivic
cumulatively, on coastal resources or on public access to, or along the coast. Developme
has been so designated shall be Categorically Excluded from the provisions of this chapt
designation of any Categorical Exclusion shall not be effective until the Categorical Exclusic
has been approved by the Coastal Commission. The Director shall keep a record of all
issued for such Categorically Excluded projects.
B.
C. Notice of Catenoricallv Excluded or Exempt Developments.
A permit issued by the City for a development which is Categorically Exc
exempt fiom the coastal development permit requirements, shall be exempt fiom the nc
hearing requirements of this Chapter. The City shall maintain a record for all permits is
Categorically Excluded or Exempt developments which shall be made available to the
Commission or any interested person upon request. This record may be in the form of any r
permits issued currently maintained by the City, provided that such record includes the ap
name, the location of the project, and brief description of the project.
"21.201.070 Repair and Maintenance Activities Requiring a Coastal Development Pe
A. The following repair and maintenance activities require a coastal developmer
1. Any method of repair or maintenance of a seawall, revetment, bluff r
a. Repair or maintenance involving substantial alteration
b.
because they involve a risk of substantial adverse impact to Coastal Resources or Access.
wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
foundation of the protective work including pilings and other surface or subsurface structures
The placement, whether temporary or permanent, of rip-rap, i
berms of sand or other beach materials, or any other forms of solid materials, on a beach or ir
waters, streams, wetlands, estuaries and lakes or on a shoreline protective work ex1
agricultural dikes within enclosed bays or estuaries;
c. The replacement of twenty percent or more of the material
existing structure with materials of a different kind; or
d. The presence, whether temporary or permanent, of mec
construction equipment or construction materials on any sandy area or bluff or within men?
coastal waters or streams.
2. Any method of routine maintenance dredging that involves:
a. The dredging of one hundred thousand cubic yards or more T
twelve-month period;
b. The placement of dredged spoils of any quantity wit
environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a
bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; or
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c. The removal, sale or disposal of dredged spoils of any quanti
would be suitable for beach nourishment in an area the Commission has declared by resolc
have a critically short sand supply that must be maintained for protection of structures, coastal
or public recreational use.
Any repair or maintenance to facilities or structures or work locate(
environmentally sensitive habitat area, or any sand area, within fifty feet of the edge of a
bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or stre2
include:
a. The placement or removal, whether temporary or permanent,
rap, rocks, sand or other beach materials or any other forms of solid materials;
b. The presence, whether temporary or permanent, of mec
equipment or construction materials.
All repair and maintenance activities governed by the above prc
shall be subject to the permit regulations promulgated pursuant to the California Coastal
1976, including, but not limited to, the regulations governing administrative and emergency
The provisions of this section shall not be applicable to methods of repair and mail
undertaken by the ports listed in Public Resources Code Section 30700 unless so provided e
in these regulations. The provisions of this section shall not be applicable to those :
specifically described in the document entitled Repair, Maintenance and Utility Hookups, ad
the Coastal Commission on September 5, 1978.
Unless destroyed by natural disaster, the replacement of 50 percent or m
seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work UI
ownership is not repair and maintenance under Public Resources Code Section 30610(d) bu
constitutes a replacement structure requiring a coastal development permit."
3.
B.
"21.20 1 .OS0 Minor Coastal Permits.
A. The Director may issue Minor Coastal Permits for any development anywhi
Coastal Zone costing less than $60,000 and which complies with the following criteria:
defined in Section 30108.6 of the Coastal Act.
2. The development requires no discretionary approvals other than
Coastal Permit.
3. The development has no adverse effect individually or cumulatively
resources or public access to the shoreline or along the coast.
The Director shall give written notice of pending development decision
application is complete, at least fifteen (15) working days prior to the decision on the app
follows:
The notice shall include all the matters required b
21.54.061 of this code, including statement of a public comment period of at least 15 WOI
sufficient to receive and consider comments submitted by mail prior to the date establisl-
decision, a statement that a public hearing shall be held upon request by any person and a
that failure by a person to request a public hearing may result in the loss of that person'
appeal to the Commission any action taken by a local government on a coastal developn:
application.
1, The development is consistent with the certified local coastal prl
B.
1. Contents.
2. Recipients. The notice shall be sent by first class mail to:
a. Any person requesting to be on the mailing list for the prc
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coastal decisions; and
perimeter; and
b.
C. The Coastal Commission.
d. The applicant.
All property owners and residents within 100 feet of the
C. The Director may approve, approve with conditions, or deny the permit. The I
may waive a public hearing on a Minor Coastal Development Permit if notice has been proa
the City within 15 working days from the date of sending the notice. If a request for a public
is received, a public hearing before the Director shall be held in the same manner as a P
Commission hearing. In either event the Director's decision shall be based upon the requirem
and shall include specific factual findings supporting whether the project is or is not in con
with, the certified Local Coastal Program (and, if applicable, with the public access and re1
policies of Chapter 3 of the Coastal Act).
This Director's decision shall be made in writing. The date of the decision
the date the writing containing the decision or determination is mailed or otherwise delivere
person or persons affected by the decision or determination. Unless the decision is appeale
Planning Commission, the Director shall provide a Notice of Final Local Action in accordar
Sections 2 1.20 1.160 & 170 of this code, in addition to the Director's written decision.
The Director's decision is final unless the decision is appealed by an in
person to the Planning Commission. The written appeal shall specifically state the reason or
for the appeal and the manner in which the decision of the Director is in error. The decisio
Director shall be affirmed by the Planning Commission unless the appellant show
preponderance of the evidence that the decision of the Director is in error, inconsistent w
law, the General Plan, this zoning ordinance or any policy of the City. The appeal shall be
writing with the secretary of the Planning Commission within ten calendar days after the dai
Director's decision. The decision by the Planning Commission on all appeals of the D
decision shall be final. The Director shall give Notice of Final Action on the appeal in acc
with Sections 2 1.20 1.160 & 170.
If the Director determines that the project does not qualify for an exemption,
Coastal Permit or an emergency permit then the Director shall set the application for a public
before the Planning Commission. Any coastal permit (other than a Minor Coastal Deve
Permit) may be set for hearing concurrently with any other permit for the project. The Dire(
at hisher option refer the application for a Minor Coastal Permit to the Planning Commi:
determination. "
accordance with Section 21 ,2016080,B,1 and a request for a public hearing has not been iece
D.
E.
"21.201.090 Notice of Public Hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall be
provided in Section 2154.060 of this code. When the hearing on a coastal development 1
consolidated with the hearing on a tentative map, notice shall satisfy the requirements of 1
chapter and Title 20 of this code."
"2 1.20 1.100 Notice Of Local Government Action Where Hearing Continued.
If a decision on a development permit is continued by the City to a time which is nc
previously stated in the nolice provided pursuant to Section 21.54.060 nor (b) announcc
hearing as being continued to a time certain, the City shall provide notice of the further hea
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action on the proposed development) in the same manner, and within the same time
established in Sections 21.54.060, 061 and 070."
"2 1.20 1.1 10 Planning Commission Action.
After a public hearing the Planning Commission may approve, conditionally approv
the application. NO approval or conditional approval shall be given unless the Planning CO
finds that the development is consistent with the provisions of the local coastal progra
coastal zone and the development is in conformity with the public access and public 1
policies of Chapter 3 of the California Coastal Act."
"2 1.201.120 Appeal of Planning Commission Decision.
A. The decision of the Planning Coinmission is final and effective ten calendar I
the adoption of the resolution of decision unless within such ten-day period the applica
other interested person files a written appeal with the City Clerk. An individual member o
Council can be an interested person. The written appeal shall specifically state the reason c
for the appeal and the manner in which the decision of the Planning Commission is in e1
decision of the Planning Commission shall be affirmed by the City Council unless the
shows by a preponderance of the evidence that the decision of the Planning Commission i'
inconsistent with state law, the General Plan, LCP, or any applicable Specific Plan, Ma
zoning ordinance or policy of the City. Upon the filing of an appeal, the City Clerk sh;
matter for public hearing. Such hearing shall be held within thirty days after the date of
appeal. Within ten days following the conclusion of the hearing, the City Council shall
decision on the appeal. The decision of the City Council is final.
If the development for which a coastal development permit also requi
discretionary permits or approvals for which the Planning Commission is not given final
authority then the Planning Commission action on the coastal development permit shall be
recommendation to the City Council.
C. The City Council may establish and levy a fee for appeals of Coast;
decisions.
B.
"2 1.20 1.130 Appeals to Coastal Commission.
The following developments, due to their type or location, are within the appeal ju
of the Coastal Commission. Only decisions approving a coastal development permit
developments are Appealable to the Coastal Commission, unless otherwise noted. Areas
appeal jurisdiction are shown on the Post LCP Certification Map which is on file in the
department.
Developments on property located between the sea and the first pul
paralleling the sea or within three hundred feet of the inland extent of any beach or of the n
tide of the sea where there is no beach, whichever is the greater distance.
Development on property located within three hundred feet of the top of thc
face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream.
Developments approved by the city not included within subsections A and
section which are located in a sensitive coastal resource area.
Any decision approving or denying a development which constitutes a ma
Works project or a major Energy Facility."
A.
B.
C.
D.
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"2 1.20 1.140 Exhaustion Of Local Appeals.
A. An appellant shall be deemed to have exhausted local appeals for purposes
an appeal under the Commission's regulations and be an aggrieved person where the appe
pursued the appeal to the appellate body (bodies) as required by the City appeal procedure:
that exhaustion of all local appeals is not required if any of the following occurs:
The City requires an appellant to appeal to more local appellate boc
have been certified as appellate bodies for permits in the coastal zone, in the implementatiol
ofthe Local Coastal Program.
2. An appellant was denied the right of the initial local appeal by
ordinance which restricts the class of persons who may appeal a local decision;
3. An appellant was denied the right of local appeal because local nc
hearing procedures for the development did not comply with the provisions of this Article;
4. The City charges an appeal fee for the filing or processing of appeals
Where the project is appealed by any two (2) members of the Commission, tl:
be transmitted to the City Council (which considers appeals from the Planning Commissic
rendered the final decision), and the appeal to the Commission may be suspended pt
decision on the merits by the City Council. If the decision of the City Council modifies or
the previous decision, the Commissioners shall be required to file a new appeal from that de(
The appeal to the California Coastal Commission shall be filed at the loca
office no later than ten working days after the date of the receipt of the notice of final local i
the local district office. No coastal development permit shall be issued or deemed approvec
appeal, if any, to the Coastal Commission has been resolved."
1,
B. be no requirement of exhaustion of local appeals. Provided, that notice of Commission appl
C.
"2 1.20 1.150 Public Hearing On Appealable Developments.
At least one public hearing shall be held on each application for an Appealable Deve
(except as provided in Section 21.201 .OS0 Minor Coastal Permits) thereby affording any pe
opportunity to appear at the hearing and inform the city of the nature oftheir concerns rega
project. Such hearing shall occur no earlier than ten (1 0) calendar days following the maili
notice required in Section 21.54.060. The public hearing may be conducted in accorda
existing local procedures or in any other manner reasonably calculated to give interested pd
opportunity to appear and present their viewpoints, either orally or in writing.
"2 1.201.160 Finality Of City Action.
A local decision on an application for Development shall be deemed final when (1) 1
decision on the application has been made and all required findings have been adopted, i
specific factual findings supporting the legal conclusions that the proposed development is
in conformity with the certified local coastal program, that the development is in conformity
public access and public recreation policies of Chapter 3 of the Coastal Act, and that the
conditions of approval adequate to carry out the certified local coastal plan as providt
implementing ordinances have been imposed, and (2) when all rights of appeal have been
as defined in Sections 2 1.20 1.130 and 140."
"2 1.201.170 Notice of Final City Action
Within seven (7) calendar days of a final decision on an application for any Dev
(except Categorically Excluded or Exempt developments) the city shall provide notice of
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by first class mail to the Commission and to any persons who specifically requested notice (
Final Action by submitting a self-addressed, stamped envelope to the city, (or, where require
paid a reasonable fee to receive such notice.) Such notice shall include conditions of appro7
written findings and the procedures for appeal to the Coastal Commission. The ( Commission's ten working day appeal period commences upon it's receipt of a final city
notice by the Coastal Commission."
"2 1.20 1.180 Local Government Action - Effective Date.
A final decision of the City on an application for an Appealable Development shall 1
effective after the ten (1 0) working day appeal period to the Commission has expired follow
final local action unless any of the following occur:
A.
B.
C.
An appeal is filed in accordance with the Commission's regulations;
The notice of final local government action does not meet the requirem
Sections 21.201.160 and 21.201.170;
The notice of final local government action is not received in the Commissioi
and/or distributed to interested parties in time to allow for the ten (1 0) working day appeal pel
Where any of the circumstances in this Section occur, the Commission shall
five (5) calendar days of receiving notice of that circumstance, notify the City and applicant
effective date of the City action has been suspended."
"2 1.20 1.190 Application For Emergency Pirmits.
A. Applications in case of emergency shall be made by letter to the Director or ir
or by telephone, if time does not allow. Emergency means a sudden, unexpected occ
demanding immediate action to prevent or mitigate loss or damage to life, health, pro
essential public services.
B. The following information shall be included in the request:
1. Nature of emergency;
2. Cause of the emergency, insofar as this can be established;
3. Location of the emergency;
4. The remedial, protective, or preventive work required to deal 7
emergency; and
5. The circumstances during the emergency that appeared to justify the
of action taken, including the probable consequences of failing to take action.
C. The Director shall verify the facts, including the existence of the natur
emergency, insofar as time allows.
D. The Director may grant an emergency permit upon reasonable terms and co
including an expiration date and the necessity for a regular permit application later, if the
finds that:
An emergency exists that requires action more quickly than permittt
procedures for Minor Coastal Permits or for regular permits and the work can and will be CI
within thirty days unless otherwise specified by the terms of the permit;
2. Public comment on the proposed emergency action has been reviewe
allows; and
3. The work proposed would be consistent with the requirements of the
land use plan.
The Director shall report, in writing, to the Planning Commission at its first c
1.
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meeting after the emergency permit has been issued, the nature of the emergency and involved. Copies of this report shall be available at the meeting and shall be mailed to a1
who have requested such notification in writing. The report of the Director shall be info only; the decision to issue an emergency permit is solely at the discretion of the Director
the provisions of this chapter.
Any request for an emergency permit within the Coastal Commission area c
jurisdiction as defined in Section 21,201.230 shall be referred to the Coastal Commission f
F.
and issuance."
"21.201.200 Expiration Of The Coastal Development Permit.
A coastal development permit shall expire on the latest expiration date app
any other permit or approval required for the project, including any extension granted
permits or approvals but in no event shall this period exceed three (3) years without an exi
time. If the project requires no permits or approvals other than a coastal development PI
coastal development permit shall expire two years from its date of approval if a building p
not been issued for the project."
"2 1.20 1.2 10 Extensions.
Not more than ninety or less than forty-five days prior to the expiration of
development permit the permittee may apply to the Director for an extension of the pen
application for an extension shall be processed pursuant to the provisions of this chal
extension shall be approved only if it is found that there has been no change of circum:
relation to Coastal Resources per Section 13169 of the California Code of Regulations
original granting of the permit. If the Director finds that there has been a change of circum!
relation to Coastal Resources since the original granting of the permit the applicatio:
extension shall be denied or conditionally approved. The decision of the Director may be
pursuant to the provisions of Section 21.201.080(D). If a complete application for an exte
been timely filed, the Planning Commission or the City Council on appeal may grant the
after the expiration date provided that the final decision is made not later than forty-five (
the expiration date."
"21.201.220 Permit Amendment.
Upon application by the permittee, a permit may be amended by the approving a
Application for and action on an amendment shall be accomplished in the same manner as
by this Chapter for initial approval."
"2 1.201.230 Coastal Development Permits Issued by Coastal Commission.
The Coastal Commission shall have original jurisdiction for all coastal developme1
for development on tidelands, submerged lands and public trust lands, whether filled or
Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pt
Public Resources Code Section 305 19(b), and are shown on the Post LCP Certification Map
on file in the planning department.
development permit issued by the Coastal Commission shall obtain all discretionary I
required by this code prior to filing an application with the Coastal Commission for sal
development permit."
The applicant for any project which requires
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I' 2 1.20 1.240 Violations of the Public Resources Code
Any person who violated any provision of Division 20 of the Public Resources Cod
subject to the penalties contained in Public Resources Code Article 2, Section 30820 et, seq
"2 1.201.250 Severabiliw.
If any section, subsection, subdivision, paragraph, sentence, clause or phrasc
ordinance or any part thereof is for any reason held to be unconstitutional such decision
affect the validity of the remaining portions of this chapter or any part thereof. The Ciq
declares that it would have passed each section, subsection, subdivision, paragraph, sentenc
or phrase thereof, irrespective of the fact that any one or more sections, subsections, sub
paragraphs, sentences, clauses or phrases be declared unconstitutional."
SECTION XXI: That Title 21, of the Carlsbad Municipal Code is am
the addition of Chapter 2 1.202 to read as follows:
Chapter 21.202
COASTAL AGRICULTURE OVERLAY ZONE
Sections:
2 1.202.01 0
21.202.020 Definitions
21.202.030
21.202.040 Permits Required
21,202.050
21.202.055
21,202.060
2 1.202.070
2 1.202.075
21.202.080
2 1.202.090
"21.202.010 Intent And Pumose.
Intent and Purpose
Development of Coastal Agricultural Land
Permitted Uses on Agricultural Lands
Lot and Yard Standards - Agricultural Lands
Development of Coastal Agricultural Land
Findings Required Before Conversion to Urban Areas
Development on Coastal Agricultural Lands Not Consistent With Ur
Land Use Designation
Proximity of Urban Development to Existing Developed Areas
Review by Planning Commission
The Coastal Agriculture Overlay (CA) Zone is established to implement Sections 3
30171(b), 30241, 30242 and 30250 of the California Coastal Act and the Local Coastal
Land Use Plan certified on June 198 1. This zone recognizes agriculture as a priority use u
Coastal Act and protects that use by establishing mechanisms to assure the continued and
agricultural use of agricultural lands. The local coastal program recognizes that lo
agriculture may not be feasible and establishes agriculture as an interim use. Therefore, t
allows urban development of such lands if specific findings are made or mitigation mea!
undertaken. The Coastal Agriculture Zone is an overlay zone; no use shall be allowed
property zoned coastal agriculture unless such use complies with the provisions of this ck
with the provisions of any other chapters of this title which are applicable to the property."
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"21.202.020 Definitions.
For the purposes of this zone, terms used herein are defined as follows:
A. Coastal Agricultural Lands: Means those agricultural lands identified on 1
attached to the Land Use Plan certified on September 1980. The following are the lands id(
on Map X:
Auproximate Acres
Site I1 377
Site I11 275
Site IV 109
Lusk 93
Bankers 27
Hunt 200
Carltas 301.38
B. Class I-IV Agricultural Land: Means all land which qualifies for rating as
through Class IV in the U.S. Department of Agriculture Soil Conservation Service La
Compatibility Classification.
Class V-VI11 Agricultural Land: Means all land which qualified for rating as 1
through Class VI11 in the U.S. Department of Agriculture Soil Conservation Service La
Compatibility Classification.
D. Land Division: Means the creation of any new property line whether by sub(
or other means.
E. Net Impacted Agricultural Land: Means for purposes of calculating 1
mitigation acreage, the parcels and acreages designated on Map X (located in the Local
Program Land Use Plan) and the 301.38 acre Carltas property suitable for agricultural use IT
acreage in steep slopes (25% or greater) and areas containing sensitive coastal resources th;
preclude development in addition to any acreage under the control of a public entity for
recreation or open space use.
the urban land use designation established by the Carlsbad General Plan and the Local
Program Land Use Plan, which agricultural lands may be converted in conformance T
chapter.
Urban Uses: Means any use other than a use permitted by Section 21
including any use necessary or convenient to urban use."
C.
F. Underlying Land Use Designation: Means those urban uses which are consisl
G.
"2 1.202.030 Urban DeveloDment Of Coastal Agricultural Land.
Coastal agricultural land may be converted from agricultural use and developed for t
in compliance with the procedures of this chapter."
"21.202.040 Permits Required.
No development, including but not limited to land divisions, as defined in Section 2
of this Code shall occur without a Coastal Development Permit having first been issued p~
Chapter 21.201 of this Code. A Master Plan or a planned development permit processed i
to Section 21.202.060 shall be considered a coastal permit if also processed in complia
Chapter 2 1.20 1 .I'
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"21.202.050 Permitted Uses On Agricultural Lands.
The provisions of this section shall apply to any coastal agricultural land which ha:
approved for development pursuant to this chapter.
A. On any Class I through Class IV Agricultural Land the following uses
permitted:
1. Cattle, sheep, goats and swine production, provided that the numl:
one or combination of said animals shall not exceed one animal per half acre of lot area.
for containing animals shall not be located within fifty feet of any habitable structure on
parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses,
2. Crop production.
3. Floriculture.
4. Horses, private use.
5. Nursery crop production.
6. Poultry, rabbits, chinchillas, hamsters and other small animals, pro
more than twenty five of any one or combination thereof shall be kept within fifty fe
habitable structure, or within three hundred feet of an adjoining parcel zoned for residential
Roadside stands for display and sale of products produced on
premises, with a floor area not exceeding two hundred square feet, and located not nc
twenty feet to any street or highway.
7.
8. Tree farms.
9. Truck farms.
10.
11.
Wildlife refuges and game preserves.
Other uses or enterprises similar to the above customarily carried
field of general agriculture including accessory uses such as silos, tank houses, shops, barn
coops, stables, corrals, and similar uses required for the conduct of the uses above.
12. One single family dwelling per existing legal building parcel.
On any Class V through VI11 Agricultural Land the following uses only are 1
1. All of the permitted uses listed above.
2. Hay and feed stores.
3. Nurseries, retail and wholesale.
4.
5.
B.
Packing sheds, processing plants and commercial outlets for fa
Greenhouses, provided all requirements for yard setbacks and
provided that such activities are not located within 100 feet of any lot line.
specified in Chapter 21.07 of this Code are met."
"21.202.055 Lot And Yard Standards - Agricultural Lands.
The provisions of this section shall apply to any coastal agricultural land which ha:
approved for development pursuant to this chapter.
A. The minimum required lot area of any newly created lot shall not be les!
acres unless the City Council finds that smaller parcel sizes will not adversely affect the ai
use of the property.
Every newly created lot shall have a minimum width of the rear line of thl
front yard of not less than three hundred feet.
Every lot shall have a required front yard of forty feet. Except as othenvisc
in Section 21.202.050 no building or structure shall be located on the required front yard.
Every lot and building site shall have a side yard on each side of the lot o
B.
C.
D.
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site not less than fifteen feet in width unless otherwise permitted by Section 21. 202.050.
unless otherwise permitted by Section 21.202.050.
E. Every lot and building site shall have a rear yard of not less than twenty fi
F.
G.
H.
No building or structure shall exceed thirty five feet in height.
Buildings and structures shall not cover more than forty percent of a lot.
All residential structures shall conform to the provisions of Section 21.07.12C
Code."
"2 1.202.060 Development Of Coastal Agricultural Land.
Coastal agricultural lands may be converted from agricultural to urban uses pursum
A. Zoning approvals:
following procedures:
1. For property over 100 acres in area a Master Plan shall be submit
processed according to the provisions of Chapter 21.38 of this Code. The uses permitted pur
the Master Plan shall be those permitted by the provisions of the Carlsbad General Plan and t
Local Coastal Program in effect at the time the application is submitted.
For property less than 100 acres in area, a planned development pen-
be submitted and processed pursuant to Chapter 21.45 or 21.47 of this Code, whid
applicable. The uses permitted pursuant to the planned development permit and the deve
2.
standards shall be as follows:
Land Designation on Carlsbad General Plan Permitted Uses and
Development Standard
Residential Low Density R-140000
R-1 10000
RD-M
Residential Low Medium Density
Residential Medium Density RD-M
Residential Medium to High Density
Planned Industrial P-M
(Map Y of the Certified Local Coastal Program shows existing permitted lm
categories)
Development permitted based upon mitigation of lands zoned coastal agricult
A Master Plan or planned development permit for urban development of lan
coastal agriculture shall, in addition to complying with all aspects of the City's General PI
include the following items:
An enforceable, non-revocable commitment by the property owner to
permanently one acre of prime agricultural land within the California Coastal Zone for
impacted acre of non-prime coastal agricultural land in the Local Coastal Program pro1
development. The preserved land shall be located in an area selected by the State
Conservancy and approved by the City Council. This enforceable commitment shall require
issuance of a building permit, the permanent transfer or dedication of interest in tl
agricultural land to a grantee that is a local or state agency, or a tax exempt organization q
under Section 501(c)(3) of the U.S. Internal Revenue Code. Grantees also shall be 11
organizations and agencies whose principal purposes are consistent with the presen
agriculture.
The following documentation pertaining to the prime agricultural lan
B.
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the Local Coastal Program that is being permanently preserved:
a. Parties. Identification of the grantor and grantee (i.e. property I
and government agency or tax exempt organization having a letter determination from tk
documenting qualification per Section 50 1 (c)(3) of the Internal Revenue Code).
Legal Description. A legal description of the prime agricultura
being preserved.
Type and Purpose of Easement. A clear statement defining tk
and purpose of the easement or other form of property interest being used to protect
agriculture. Acceptable interests include, but shall not be limited to, conservation ease transfers in trust, common law easements, open space easements, restrictive covenants, eq
servitudes, fee ownership or any other permanent restriction approved by the City Council.
Statement of Intent. A statement of intent by the grantor s
submitted declaring an intent to protect agricultural land through the creation of easements c
interests running with the property, and a declaration of intent by the grantee to honor such
intent in perpetuity.
e. Documentation. Maps, reports, aerial photographs si
incorporated into the easement showing evidence of the agricultural lands that grantor and
intend to preserve.
f. Rights, Restrictions, Permitted Uses and Reservations. Grant
demonstrate the necessary authority to monitor and enforce compliance with terms of the ag
as the trustee or guardian. Restrictions shall prescribe all reasonable foreseeable activities th
be potentially harmful to conservation values.
~ g. Executory Limitation. Provisions for forfeiture of the easel
interest by the grantee to another qualified organization should the grantee fail to maintain 1
for agricultural use, shall be included.
h. Assignment. Grantee shall agree to hold easements or inteI
conservation purposes and guarantee that he will not transfer the easement except to an orga
qualified to hold such interests under the relevant California and Federal laws and the term
section.
Habendum Clause. The interest in property shall inure to the
b.
c.
d.
1.
of the grantee. All restrictions shall bind all subsequent purchasers or title holders of the rI
land and shall continue as a servitude running with the land in perpetuity.
Prior to building permit issuance, the property owner shall present to
Manager proof of dedication by grantor and acceptance by grantee of an appropriate interest
agricultural lands pursuant to subsection B2.
Urban development of lands shown to be not feasible for continued or
agricultural use. In lieu of the procedures established by subsection B. or subsection D. o
21.202.060 property owners may complete an agricultural feasibility study prior to conv
lands designated coastal agriculture. The purpose of the feasibility study shall be to dc
consistent with Section 30242 of the Coastal Act, if continued or renewed agriculture is fe
the subject property.
An applicant or group of applicants may complete an agricultural f
analysis for one or any combination of the following study areas: a. all coastal agricultura
the Local Coastal Program area; b. individual feasibility analyses for each of five sub-un
Local Coastal Program (refer to Map X; located in the Local Coastal Program Land Use Pla
3.
C.
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Approximate Acres
Site I1 377
Site I11 275
Site IV 109
Lusk/Bankers Site 120
Carltas Site 301.38
c. an individual study for the Hunt property may be submitted as part of a submitted Master
each of its sub-units, or d. feasibility studies may be submitted for contiguous land holding
acres or more in single ownership.
Feasibility studies submitted for the purpose of determining the via
continued or renewed agriculture on coastal agricultural parcel(s) shall provide the following
a. Description of the farm unit under study including discussion
capabilities, crop patterns, and minimum economic farm size.
b. Investment cost analysis including cost of land for agi
purposes.
c. Farm unit cash flow analysis (production costs, income, etc.).
d. Tax considerations relative to feasibility.
e. Implications of future trends in water cost and availability,
labor costs, and market competition.
Upon completion, the agricultural study shall be submitted to the
review and approval concurrent with the filing of a Master Plan or planned development per
a. If the study finds that continued or renewed agriculture is fea
property owner has the choice of: (1) maintaining agricultural uses; or (2) proceed
conversion and mitigation pursuant to the procedures set forth in subsection B of this sectioI
If the feasibility study finds that continued or renewed agric
not feasible and City Council concurs, the City shall review the submitted Master Plan 01
development permit on its merits and for consistency with the other provisions of this Cod
Local Coastal Program. If City Council determines that the development is in conformanc
provisions of the Code and the Local Coastal Program, it may be approved without miti$
conversion of agricultural land. The approved feasibility study and Master Plan 01:
development permit approved by the City shall be prepared as a Local Coastal Program an
and submitted to the Coastal Commission for certification. The Master Plan, planned de\
permit or coastal permit shall not be final unless the Local Coastal Program amendment is
by the Coastal Commission.
In lieu of the procedures estab
subsection B. or subsection C. of this section, property may be converted to urban 1
payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall be d
by the City Council at the time it considers a Coastal Development permit for urban develc
the property. The fee shall not be less than five thousand dollars nor more than ten thousa
per net converted acre of agricultural land and shall reflect the approximate cost of presem
agricultural land pursuant to subsection B. of this section. The fees shall be paid pr
issuance of building permits for the project. All mitigation fees collected under this sectic
deposited in the State Coastal Conservancy Fund and shall be expended by the Stal
Conservancy in the following order of priority:
Restoration of natural resources and wildlife habitat in Batiquitc
2.
3.
b.
D. Agricultural conversion mitigation fee.
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including but not limited to, continued funding of any maintenance, operation or enhancemc
necessary to implement any lagoon enhancement program approved by the City Council.
2.
3.
4.
Development of an interpretive center at Buena Vista Lagoon.
Restoration of beaches managed for public use in the coastal zone in
of Carlsbad.
Any other project or activity benefiting natural or agricultural resourc
coastal zone in the City of Carlsbad that is provided for in the certified Local Coastal Progra
E. Site I Special Restrictions. Notwithstanding anything to the contrary in this
Site I as shown on Map X shall not be Gonverted to urban use eaept as specifically pemitU
Local Coastal Program provisions for urban development of Site I.
"2 1.202.070 Findings Required Before Conversion To Urban Uses.
A. Where a property owner has agreed to preserve prime agricultural land else
the state coastal zone pursuant to Section 21.202.060 then the City Council prior to apprl
Master Plan or planned development permit must find that:
1. The conversion would preserve prime agricultural land in a manner CI
with Section 30242 of the Public Resources Code, the certified Local Coastal Plan and this c
2. The Master Plan or planned development permit is consistent
certified Local Coastal Program.
3. Conversion would concentrate urban development consistent with
30250 in areas able to accommodate it, and within or adjacent to developed areas.
4. Conversion would be compatible with continued agriculture on
agricultural lands.
5. Consistent with the certified Local Coastal Program and Section 302
Coastal Act, conversion would contribute to limiting conversions of prime agricultural
create stable urbdrural boundaries within prime agricultural lands located elsewhere in th
zone.
Where a property owner has elected to complete an agricultural feasibility
and the property owner and City agree, based on that analysis, that continued or renewed ai
is not feasible on the subject lands, and a City Council approved feasibility analysis an
Pldplanned development permit must incorporate City findings declaring that:
Continued or renewed agriculture is not feasible on the subject parcl
consistent with Section 30242 of the Coastal Act, conversion of the parcels designate(
agriculture in the Land Use Plan shall not require the preservation of prime agricultu
elsewhere in the coastal zone.
2. Development permitted is consistent with the certified Local Coastal 1
3. Permitted development is compatible with continued agriculture on
agricultural lands.
C. Where a property owner has agreed to pay an agricultural conversion mitig
pursuant to Section 21.202.060 then the City Council prior to approval of a Master Plan o
development permit must find that:
1. The Master Plan or planned development permit is consistent
certified Local Coastal Program.
2. Conversion would be compatible with continued agriculture on
agricultural lands.
3. The property owner has executed an agreement to pay the fee
B.
1.
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agreement has been approved by the City Council."
"21.202.075 Development On Coastal Agricultural Lands Not Consistent With Un
Land Use Designations.
Conversions of coastal agricultural lands to urban uses other than those underlying
designations identified on Map Y may be permitted pursuant to the procedures and findings
in Sections 2 1.202.060 and 2 1.202.070 subject to the preparation and submission of a Loca
Program amendment for Coastal Commission certification. I'
"2 1.202.080 Proximity Of Urban Development To ExistinP Development Areas.
Urban development of agricultural lands shall be located:
A. Contiguous with or in close proximity to existing developed areas;
B. In areas with adequate public facilities and services;
C. Where it will not have significant adverse effects, either individually or cum1
on coastal resources."
SECTION XXII: That Title 21 of the Carlsbad Municipal Code is ament
by the addition of Chapter 21.203 to read as follows:
Chapter 21.203
COASTAL RESOURCE PROTECTION OVERLAY ZONE
Sections:
21.203.010 Intent and Purpose
2 1.203.020 Applicant
2 1.203.030 Permit Required
21.203.040 Development Standards
"21.203.010 Intent And Purpose.
The intent and purpose of the Coastal Resource Protection Overlay Zone is to:
A. Supplement the underlying zoning by providing additional resource
regulations within designated areas to preserve, protect and enhance the habitat resource Buena Vista Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsidc
Provide regulations in areas which provide the best wildlife habitat charactel
Deter soil erosion by maintaining the vegetative cover on steep slopes;
Implement the goals and objectives of Sections 30231,30233,30240(b) and
B.
C. Encourage proper lagoon management;
D.
E.
the Public Resources Code and the approved Carlsbad Local Coastal Program."
"21.203.020 Applicability.
This chapter implements the California Coastal Act and is applicable to all propertj
in the coastal zone as defined in Public Resources Code Section 30171. In case of ar
between this zone and the underlying zone, provisions of this zone shall apply."
....
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“21.203.030 Permit Reouired.
Developments, including but not limited to, land divisions, as defined in Chapter 2
require a coastal development permit. This permit is subject to the requirements of this zonc
procedural requirements for coastal development permits of Chapter 2 1.201 of this code.”
“2 I .203.040 Development Standards.
The following specific development standards shall be applied to areas within tht
Resource Protection Overlay Zone as part of the coastal development permit. Such stan&
control, notwithstanding the provisions of the underlying zone and shall include:
A. Preservation of Steep Slopes and Vegetation
Any development proposal that affects steep slopes (25% inclination or gree
be required to prepare a slope map and analysis for the affected slopes. Steep slopes are
environmental review on a project-by-project basis and shall be required as a condition of
development permit.
For those slopes mapped as possessing endangered planvanima
and/or coastal sage scrub and chaparral plant communities, the followiilg policy langua
apply: Slopes of 25% grade and over shall be preserved in their nati
unless the application of this policy would preclude any reasonable use of the property,
case an encroachment not to exceed 10% of the steep slope area over 25% grade may be p
For existing legal parcels, with all or nearly all of their area in slope area over 25
encroachment may be permitted; however, any such encroachment shall be limited so that i
is more than 20% of the entire parcel (including areas under 25% slope) permitted to be
from its natural state. This policy shall not apply to the construction of roads of 1
Circulation Element or the development of utility systems. Uses of slopes over 25% may b
order to provide access to flatter areas if there is no less environmentally damaging a
available.
b. No further subdivisions of land or utilization of Plan
Developments shall occur on lots that have their total area in excess of 25% slope unless
Unit Development is proposed which limits grading and development to not more than 11
total site area.
Slopes and areas remaining undisturbed as a result of th
review process, shall be placed in a permanent open space easement as a condition of de1
approval. The purpose of the open space easement shall be to reduce the potential for
erosion and slide hazards to prohibit the removal of native vegetation except for creating
and/or planting fire retardant vegetation and to protect visual resources of importance to
community.
For all other steep slope areas, the City Council may allow excepti
above grading provisions provided the following mandatory findings to allow exceptions a
a. A soils investigation conducted by a licensed soils en€
determined the subject slope area to be stable and grading and development impacts mitil
at least 75 years, or life of structure.
Grading of the slope is essential to the development intent an
Slope disturbance will not result in substantial damage or a1
on the PRC Toups maps. The slope mapping and analysis shall be prepared during tk
1.
a.
c.
2.
b.
c.
major wildlife habitat or native vegetation areas.
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d. If the area proposed to be disturbed is predominated by stet
and is in excess of 10 acres, no more than one third of the total steep slope area shall be s
major grade changes.
If the area proposed to be disturbed is predominated by stec
and is less than 10 acres, complete grading may be allowed only if no interruption of si
wildlife corridors occurs.
Because north-facing slopes are generally more prone to
problems and in many cases contain more extensive natural vegetation, no grading or re
vegetation from these areas will be permitted unless all environmental impacts have been IT
Overriding circumstances are not considered adequate mitigation.
B. Drainage, Erosion, Sedimentation, Habitat
e.
f.
1. Buena Vista Lagoon: Developments located along the first rov
bordering Buena Vista Lagoon, including the parcel at the mouth of the Lagoon, shall be d
for residential development at a density of up to four dwelling units per acre. Proposed de\
in this area shall be required to submit topographic and vegetation mapping and analysis, i
soils reports, as part of the development permit application. Such information shall be pr
addition to any required Environmental Impact Report, and shall be prepared by
professionals and in sufficient detail to locate the boundary of wetland and upland areas an
slopes in excess of 25%. Topographic maps shall be submitted at a scale sufficient to dete
appropriate developable areas, generally not less than a scale of 1 'I - 100' with a topographi
interval of five feet, and shall include an overlay delineating the location of the proposec
The lagoon and wetland area shall be delineated and criteria used to identify any wetland
on the site shall be those of Section 30121 of the Coastal Act and based upon the standa
Local Coastal Program Mapping Regulations. Mapping of wetlands and siting of developr
be done in consultation and subject to the approval of the Department of Fish anc
Development shall be clustered to preserve open space for habitat protection. .Minimum st
at least 100 feet from wetlandsAagoon shall be required in all development, in order to b
sensitive habitat area from intrusion. Such buffer areas, as well as other open space areas r
permitted development to preserve habitat areas, shall be permanently preserved for ha
through provision of an open space easement as a condition of project approval. In the ei
wetland area is bordered by steep slopes (in excess of 25%) which will act as a natural bu
habitat area, a buffer area of less than 100 feet in width may be permitted. The dens
permitted development shall be based upon the net developable area of the parcel, excl
portion of a parcel which is in wetlands or lagoon. As specified in (a), a density cred
provided for that portion of the parcel which is in steep slopes. Storm drain alignments a
in the Carlsbad Master Drainage Plan which would be carried through or empty into Bi
Lagoon shall not be permitted, unless such improvements comply with the requirements c
30230, 30231, 30233, and 30235 of the Coastal Act by maintaining or enhancing the
capacity of the Lagoon in a manner acceptable to the State Department of Fish and Ga
divisions shall only be permitted on parcels bordering the Lagoon pursuant to a sing1
development permit for the entire original parcel.
2. Batiquitos Lagoon Watershed: Development located east of 1-5
referred to as the Savage property) shall be designated for a maximum density of develoi
units per gross acre, excluding wetlands and constrained slopes. Development shall
according to the requirements of the P-C Planned Community zone Chapter 21.38, supple
these additional requirements. Land divisions shall only be permitted pursuant to a Mast
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the entire original parcel subject to the requirements herein:
Drainage, Erosion and Sedimentation requirements shall
specified in subsection B.4. of this section.
Detailed topographic maps shall be prepared by qualified prof
including biologists, hydrologists and engineers in sufficient detail to locate the boundary (
or wetland and upland areas. The scale shall not be less than 1" = 100' with a contour interv
feet, and shall include an overlay delineating the location of the development. The lag
wetland areas shall be delineated according to the requirements of Section 30121 of the Co
and the Local Coastal Program mapping regulations, subject to the review and approval of
Department of Fish and Game.
Development shall be clustered to preserve open space and ha1
A minimum setback of 100 feet from the lagoodwetland
required.
At least 2/3 of any development shall be clustered on the hi
property furthest away from the lagoon at the base of the bluff in order to preserve the ou
visual and natural resources.
a.
b.
c.
d.
e.
f.
g. Public recreation facilities shall be provided as a conc
development including picnic tables, parking, and a public access trail along the lagoon sh
trail shall be secured by an irrevocable offer to dedicate public access but shall be devel
landscaped as a condition of development and shall be at least 15 feet wide with unobstruc
of the lagoon.
h. To facilitate provision of public use areas and presen
environmentally sensitive lands, and to maintain the outstanding visual resources in
surrounding the lagoon, an additional density credit of one dwelling unit per acre of develc
shall be provided for each two and one half percent (2 1/2%) of total lot area, excluding
which is maintained in open space and public recreation in excess of fifty percent (50%) o
lot area, excluding wetlands.
Areas - West of 1-5: For areas west of the existing Paseo del Nortc
Interstate 5 and along El Camino Real immediately upstream of the existing storm d
following policy shall apply: A site-specific report prepared by a qualified professiona'
required for all proposed development, identifying mitigation measures needed to avoid
runoff and soil erosion. The report shall be subject to the requirements of the model erosic
ordinance contained in the Appendix to the Carlsbad Master Drainage Plan (June, 1980), :
additional requirements contained herein. Such mitigation shall become an element of tk
and shall be installed prior to the initial grading. At a minimum, such mitigation sha
construction of all improvements shown in the Master Drainage Plan for the area between t
site and the lagoon (including the debris basin), as well as: restriction of grading activil
months of April through September of each year; revegetation of graded areas immedi:
grading; and a mechanism for permanent maintenance if the city declines to a
responsibility. Construction of drainage improvements may be through formation of an a
district, or through any similar arrangement that allots costs among the various landow
equitable manner.
All Other Areas in the Coastal Zone: The following requirements s
unless superseded by the more specific requirements herein and subject to the mod
additions, or exceptions detailed below, as a part of the permit application, the applicant sh
35
Existing mature trees shall be preserved.
3.
4.
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an erosion, sedimentation and drainage report prepared by a qualified professional which
the requirements of the Model Erosion Control Ordinance reprinted in the Appendix to
1980 Carlsbad Master Drainage Plan, all requirements of the Master Drainage Plan,
additional requirements specifically enumerated herein. The June 1 980 Master Drainage Pli
appendices are herein incorporated by this reference. No subsequent amendments are a ps
zone unless certified by the Coastal Commission. The general provisions, procedures, s
content of plans and implementation contained therein are required conditions of develo.
addition to the provisions below. Approved development shall include the following cond
addition to the requirements specified above:
a. All offsite, downstream improvements (including debris basir
other improvements recommended in the Drainage Plan) shall 5e constructed prior to the is:
a grading permit onsite. Improvements shall be inspected by city or county staff and ce
adequate and in compliance with the requirements of the Drainage Plan and the a
requirements of this zone. If the city or county declines to accept maintenance responsibili
improvements, the developer shall maintain the improvements during construction of tl
improvements.
If the offsite or onsite improvements are not to be acce
maintained by a public agency, detailed maintenance agreements including provisions for 1
the maintenance through bonding or other acceptable means shall be secured prior to issuan
permit. Maintenance shall be addressed in the report required to be submitted with th
application. The report shall discuss maintenance costs and such costs shall be certified
effort at obtaining accurate figures.
Construction of offsite drainage improvements may use an as
district or any other acceptable manner. Such mechanisms shall be secured by bonding
acceptable means prior to issuance of a coastal development permit.
If a public agency agrees to accept maintenance responsit:
shall inspect the facilities prior to onsite construction or grading and indicate if such faciliti
continued maintenance. No onsite development may take place prior to acceptance of the
improvements.
All construction activities shall be planned so that grading M
in units that can be easily completed within the summer construction season. All grading 01
1 shali be limited from April 1 to October 1 of each year. All areas disturbed by grading
planted within 60 days of the initial disturbance and prior to October 1 with temporary or pt
(in the case of finished slopes) erosion control methods.
Storm drainage facilities in developed areas shall be imprc
enlarged according to the Carlsbad Master Drainage Plan, incorporating the changes
herein. Improvement districts shall be formed for presently undeveloped areas which are ex
urbanize in the future. The improvement districts shall implement the Master Drainag
Upstream areas in the coastal zone shall not be permitted to develop incrementally
installation of the storm drain facilities downstream, in order to assure protection ol
resources. New drainage facilities, required within the improvement districts shall be financ
by some form of bond or from fees collected from developers on a cost-per-acre basis.
When earth changes are required and natural vegetation is I
the area and duration of exposure shall be kept at a minimum.
Soil erosion control practices shall be used against "on:
erosion. These include keeping soil covered with temporary or permanent vegetation or wi
b.
c.
d.
e.
f.
g.
h.
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materials, special grading procedures, diversion structures to divert surface runoff from e
soils, and grade stabilization structures to control surface water.
Apply "sediment control'' practices as a perimeter protection to
offsite drainage. Preventing sediment from leaving the site should be accomplished by such n
as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosic
course, the most efficient way to control sediment runoff.
Landslides and Slope Instability: Developments within 500 feet of areas id
generally in the PRC Toups Report, figure 8, as containing soils of the La Jolla group (suscey
accelerated erosion) or landslide prone areas shall be required to submit additional geologic
containing the additional information required in the Coastal Shoreline Development Overlay
Seismic Hazards; Development in liquefaction-prone areas shall include site-
investigations done addressing the liquefaction problem and suggesting mitigation measure
residential development in excess of four units, commercial, industrial, and public faciliti
have site-specific geologic investigations completed in known potential liquefaction areas.
Floodplain Development: Within the coastal zone, in the 1 00-year floodplain
or expanded permanent structures or fill shall be permitted. Only uses compatible with
flooding shall be allowed."
1.
C.
D.
E.
SECTION XXII: That Title 21, of the Carlsbad Municipal Code is amen(
by the addition of Chapter 21.204 to read as follows:
Chapter 2 1.204
COASTAL SHORELINE DEVELOPMENT OVERLAY ZONE
Sections:
21.204.010 Intent and Purpose
21.204.020 Application
21.204.030 Permitted Beach Uses
21.204.040 Conditional Beach Uses
21.204.050
21.204.060 Requirements for Public Access
2 1.204.070
21.204.080
21.204.090 Site Plans Required
21.204.100 Site Plan Review Criteria
2 1.204.1 10 Geotechnical Reports
2 1.204.120 Waiver of Public Liability
"21,204.010 Intent and Purpose.
The Coastal Shoreline Development Overlay Zone is intended to provide land use rf
along the coastline area including the beaches, bluffs, and the land area immediately
thereof. The purpose of the Coastal Shoreline Development Zone is to provide for co
development and land use along the coastline so that the public's interest in maintaining the
37
Uses not on the Beach, Subject to Coastal Shoreline Development Per
Special Access Requirements for Developments or new Developmer
Containing Evidence of Historic Public Use
Mechanisms for Guaranteeing Public Access
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as a unique recreational and scenic resource, promoting public safety and access, and in avc
adverse geologic and economic effect of bluff erosion, is adequately protected."
"21.204.020 Amlication.
The Coastal Shoreline Development Overlay Zone shall be applied to areas within I
11 Segment ofthe Carisbad Local, Coastal Program lvGated between the sea md \be firg pi
parallel to the sea."
"21.204.030 Permitted Beach Uses.
Permitted uses and developments are limited to the following uses and require :
A. Steps and stairways for access from the top of the bluff to the beach.
B. Toilet and bath houses.
C. Parking lots, only if identified as an appropriate use in the Local Coastal Pro1
Mello I1 Segment Land Use Plan; (see Policy 2-3).
D. Temporary refreshment stands, having no seating facilities within the structu
E. Concession stands for the rental of surfboards, air mattresses and other sports
equipment for use in the water or on the beach.
F. Life guard towers and stations and other lifesaving and security facilities.
G. Fire rings and similar picnic facilities.
H. Trash containers.
I. Beach shelters."
"21.204.040 Conditional Beach Uses.
A.
B.
Development permit according to the requirements of this zone:
Uses substantially similar to the permitted uses listed above may be permitt(
beach subject to this chapter and Chapters 21.42 and 21.50.
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining v
other such construction that alters natural shoreline processes shall be permitted when re
serve coastal dependent uses or to protect existing structures or public beaches in dan
erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand
As a condition of approval, permitted shoreline structures may be required to replenish t
with imported sand.
Provisions for the maintenance of any permitted seawalls shall be inch
condition of project approval. As a further condition of approval, permitted shoreline structi
be required to provide public access. Projects which create dredge spoils shall be required t
constructed essentially parallel to the base of the bluff and shall not obstruct or interfere
passage of people along the beach at any time."
such spoils on the beaches if the material is suitable for sand replenishment. Seawalls
"21.204.050 Uses Not On The Beach Subiect To Coastal Shoreline Develoument Per
Uses permitted by the underlying zone map may be permitted on non-beach areas s
granting of a Coastal Development Permit for coastal shoreline development issued pursus
procedures of Chapter 21.201 of this title, unless specifically prohibited by policies
applicable ordinances in the approved Carlsbad Local Coastal Program. Non-beach areas arl
as areas at elevations of 10 feet or more above mean sea level (North American Datum
Permitted uses are subject to the following criteria:
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A. Grading and Excavation - Grading and excavation shall be the minimum nect
complete the proposed development consistent with the provisions of this zone and the fc
requirements:
Building sites shall be graded to direct surface water away fiom the tc
bluff, or, alternatively, drainage shall be handled in a manner satisfactory to the City wh
prevent damage to the bluff by surface and percolating water.
No excavation, grading or deposit of natural materials shall be perm
the beach or the face of the bluff except to the extent necessary to accomplish construction 1
to this section.
New development fronting the ocean shall observe at a minimum, an ocean
permitted further seaward allowed by a line drawn between the adjacent structure to the nc
south; no decks or other appurtenances shall be permitted further seaward than those alloM
line drawn between those on the adjacent structures to the north and south. A greater ocean
may be required for geologic reasons and if specified in the Local Coastal Program."
1.
2.
B.
based on a "stringline" method of measurement. No enclosed portions of a structure
'$2 1.204.060 Requirements For Public Access.
One or more of the following types of public access shall be required as a conc
A. Lateral Public Access:
development:
1. Minimum Requirements. Developments shall be conditioned to pro'
public with the right of access to a minimum of 25 feet of dry sandy beach at all times of tf
The minimum requirement applies to all new developments proposed along the shoreline r(
any type of local permit including a building permit, minor land division or any other
discretionary or nondiscretionary action.
2. Additional Requirements. New developments as specified below :
conditioned to provide the public with lateral public access in addition to minimum requiremc
a. Applicability
(1).
(2).
Seawalls and other shoreline protective devices.
Developments on parcels where there is evidence of
public use. In such areas the amount and location of additional access shall be equal to the
and extent of public use.
(3). Development which either by itself or in conjunctic
anticipated future projects adversely affect existing public access by overcrowding of major
access roads or existing beach areas.
(4). Development which commits ocean front lands to non-
uses such as residential uses, non-visitor, or non-coastally oriented commercial and industrial
(5). Access as identified in the Local Coastal Pro!
Developments adjacent to Buena Vista Lagoon (See Policy 7-6 of the Local Coastal Progran
I1 Segment Land Use Plan) and the parcel located at extreme north end of Ocean Street (Set
7-8 of the Local Coastal Program Mello I1 Segment Land Use Plan)
Required Standards. In determining the amount and type of ad
lateral public access to be required (a area for additional parking facilities, construc
improvements to be made available to the public, increased dry sandy beach area, or type 01
the dry sandy beach) the city shall make findings of fact considering all of the following:
b.
(1). The extent to which the development itself creates physi
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visual impediments to public access which has not been mitigated through revisions in design
changes.
The extent to which the development discourages tht
from visiting the shoreline because of the physical and visual proximity of the developmer
shoreline.
The extent to which the development burdens existi
capacity and onstreet parking areas thereby making it more difficult to gain access to and UI
coast by further congesting access roads and other existing public facilities such as beache
and road or sewer capacities.
The extent to which the development increases the intc
use of existing beach and upland areas, thereby congesting current support facilities.
recreational areas inherent in the project affecting shoreline wave and sand movement proces
1. Minimum Requirements. Development adjacent to a shorefront blu
where no beach exists or where beach is inaccessible because stairways have not or c
provided, shall be conditioned to provide the public with the right of access of at least 25 f;
the current bluff edge for coastal scenic access to the shoreline. The minimum requirement i
all new developments proposed on bluff tops along the shoreline requiring any type of loc
including a building permit, a minor subdivision or any other type of discretionary
discretionary action.
Additional Requirements. New developments along the bluff top ar
result in additional burdens to public access to the shoreline shall be conditioned to prc
public with public access such as view points in addition to the requirements specified abovc
Description of Accessway. The bluff top access shall be described a
beginning at the current bluff edge extending at least 25 feet inland. Due to the potential fc
However, the easement shall not extend any closer than 10 feet from an occupied ri
structure or the distance specified in the certified Local Coastal Program. The area shall 1
described with the furthest inland extent of the area possible referenced as a distance fro1
monument in the following manner: "Such easement shall be located along the bluff top
inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, thc
of this right-of-way would change over time with the then current bluff edge, but in no ca
extend any closer than feet from (a fixed inland point, such as a road or other easement moI
Requirements. Development between the first public road and the si
required to provide both lateral and vertical access.
Standards for Determining if Vertical Access is to be Required. The
review all of the following factors in determining whether vertical access is requii
determination shall be supported by findings of fact which consider all of the following:
Existing and anticipated public need to gain access to the
Physical constraints of the site, including availability of sa
safety and current use, and habitat values proximity to agricultural areas, military security.
Ability to provide for public use by mitigating time and 1
suchuse.
(2).
(3).
(4).
(5). The potential for physically impacting beach an
B. Bluff Top Access:
2.
3.
of the bluff edge, the area shall be adjusted inland to the current bluff edge as the edge
C. Vertical Access:
1.
2.
a.
b.
c.
including the location and use of currently existing official accessways in the vicinity.
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d. Location and necessity of support facilities. If suitable park]
do not exist, vertical accessways will be required at frequent intervals, so that parking will k
in the area at an even rate.
Privacy needs of property owner and site design changes P
available to protect privacy.
Nature of the development proposed in relation to its impact (
access.
Types of Use of Vertical Access Area. The vertical access requ
condition of development shall be limited to the public right-of-pass and repass unless anc
of use is specified as a condition of the development. In determining if another type t
appropriate, the local government shall consider the specific factors enumerated in this Secti
Siting and Description of the Accessway. If possible, vertical acc
shall be sited along the border of the development and shall extend from the road to the bluf
shoreline. If a different siting of the accessway is more appropriate considering the topog
the site and the design of the proposed project, the vertical accessway may be resited in the r
the parcel. If sited in the middle of a parcel, the property shall be surveyed at the lan
expense and a legal description shall be prepared. If a residential structure is prop(
accessway should not be sited closer than 5 feet to the structure or the distance specific
certified Local Coastal Program. The vertical accessway shall be a minimum of 10 feet in
allow for public pedestrian use of the corridor. Any accessway shall be legally describec
issuance of the coastal development permit.
Vertical Accessways identified in the Mello I1 Segment of Carlsba
a. Vacant parcel adjacent to Arrnymavy Academy at Del Mar St1
b. South Carlsbad State Beach at intersection of Carlsbad Boule
c. Vacant parcel at Ocean Street."
e.
f.
3.
4.
5.
Coastal Program.
Palomar Airport Road.
"2 1.204.070 Special Access Requirements For Developments Or New DeveloDn
Sites Containing Evidence Of Historic Public Use.
If the certified Local Coastal Program or the permit process produces evidence o
public use on a development site located in the coastal zone, development shall be require(
all of the following requirements:
Siting and Design of Development:
1.
A.
Development shall be sited and designed in a manner which does not
or diminish the potential public rights based on historic public use. Mechanisms for gua
the continued public use of the site shall be required in accordance with Section 2 1.204.080;
Development may be sited in the area of potential historic public use
development site which will accommodate the same type and intensity of use as previoi
have existed on the development site. An equivalent access area shall provide access of COI
site, and type of use. Mechanisms for guaranteeing the continued public use of the area
required in accordance with Section 2 1.204.080.
prescriptive rights. In permits with possible prescriptive rights, the following language
added to the access condition:
"Nothing in this condition shall be construed to constitute a waiver of any
2.
that an area of equivalent public access has been provided in the immediate vicinit
B. An access condition shall not serve to extinguish, adjudicate or waive
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determination on any issue of prescriptive rights which may exist on the parcel itself L
designated easement. " In addition, findings shall be made which specifically ad(
prescriptive rights issue.
The Certified Local Coastal Program indicates evidence of historic use o
located seaward of Carlsbad Boulevard adjacent to Buena Vista Lagoon. Other areas ma
C.
subject tu such use."
"2 1.204.080 Mechanism For Guaranteeing; Public Access.
A. Legal Instruments Required.
Prior to the issuance of a permit for development in the coastal zone betweei
public road and the sea, each applicant shall record one of the following legal documents as
in the condition of approval.
Irrevocable Offer to Dedicate. Prior to issuance of a development p'
landowner shall submit a preliminary title report and shall record an irrevocable offer to de
easement or fee interest free of prior liens and encumbrances except tax liens in the public a
as described in the permit condition. This offer can be accepted by an appropriate agency w
or may not be the local government within 21 years.
Outright Grant of Fee Interest or Easement. If the parcel is importa
of itself for access needs, the size and scope of the proposed development is such that an
interest is appropriate, or there is an accepting agency available to accept the easeme
Subdivision Map approvals), a grant of an easement or fee is required prior to issuance of thl
3. Deed Restrictions. Deed restrictions do not grant any interest
proposed for public access and the landowner retains all responsibility for the maintenan
accessway. Deed restrictions are appropriate in limited situations, s, in a large r(
development where the accessways will mostly be used by residents and a homeowners as
is available to maintain the accessway or in commercial facilities. Deed restrictions
appropriate for small parcels or for accessways that will require public maintenance.
Title Information: As a condition to the issuance of the permit, the applican
required to furnish an ALTA title report and all necessary subordination agreements. Title I
may also be required where extensive easements are being granted. The amount of insura
be estimated on the basis of what it would cost to acquire an equivalent access or recreat
elsewhere in the vicinity.
Procedure copies of the recorded document, title report, and permit shall be fc
to the California Coastal Commission within 10 days after submission of the recorded doc1
preparation of the coastal access inventory as required by Section 30530 of the Coastal t
accepting agency or Commission staff may make minor revisions to the documents
corrections in the legal descriptions, minor revisions to the location and use of the acces
order to open the area up for public use) to assure that the public right-of-access along c
beaches, bluff top parcels, or the vertical accessways is protected and capable
implemented. It
1.
2.
B.
C.
"21.204.090 Site Plans Reauired.
Applications for site plan review shall be accompanied by such data and informatio
be required by the Planning Director including maps, plans, drawings, sketches and dot
material as is necessary to show:
A. Boundaries and Topography - Boundaries and existing topography of the
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location of bluff line and beach, and adjoining or nearby streets;
B.
C.
D.
E. Drainage - Location and treatment of important drainage ways, in(
F. Finished Topography - Proposed grading and removal of placement of
G. Landscaping - Proposed landscaping plan including location of game
"2 1.204.100 Site Plan Review Criteria.
The site plans required by Section 21.204.090 shall be reviewed and evaluated
Planning Director for conformance with the following criteria!
A. Coastal Development Regulations - All elements of the proposed developm
consistent with the intent and purpose of the Coastal Shoreline Development Overlay Zone.
B. Appearance - Buildings and structures will be so located on the site as to c
generally attractive appearance and be agreeably related to surrounding development and the
environment.
Ocean Views - Buildings, structures, and landscaping will be so located as to p
to the degree feasible any ocean views as may be visible from the nearest public street.
Retention of Natural Features - Insofar as is feasible, natural topography and
features of the site will be retained and incorporated into the proposed development.
Grading and Earth-moving - Any grading or earth-moving operations in con
with the proposed development are planned and will be executed so as to blend with the c
terrain both on and adjacent to the site.
Public Access - The policies of the Local Coastal Program pertaining to public
have been carried out.''
Existing Structures - Location and height of all existing buildings and stru
existing trees and the proposed disposition or use thereof;
Proposed Structures - Location, height, and proposed use of all proposed stru
including walls, fences and freestanding signs, and location and extent of individual building s
Circulation - Location and dimensions of ingress and egress and egress
interior roads and driveways, parking areas, and pedestrian walkways;
underground drainage systems;
materials, including finished topography of the site; and
swimming pools and other landscape or activity features."
C.
D.
E.
"2 1.204.1 10 Geotechnical Reports.
A. Geotechnical reports shall be submitted to the Planning Director as par
application for plan approval. Geotechnical reports shall be prepared and signed by a prof;
civil engineer with expertise in soils and foundation engineering, and a certified eng
geologist or a registered geologist with a background in engineering applications. Thc
document shall consist of a single report, or separate but coordinated reports. The documen
be based on an onsite inspection in addition to a review of the general character of the are
shall contain a certification that the development as proposed will have no adverse effec
stability of the bluff and will not endanger life or property, and professional opinions sta
following:
The area covered in the report is sufficient to demonstrate the geot
hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions at the
The extent of potential damage that might be incurred by the deve
during all foreseeable normal and unusual conditions, including ground saturation and
1.
2.
caused by the maximum credible earthquake;
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3. The effect the project could have on the stability of the bluff.
B. As a minimum the geoteclmical report(s) shall consider, describe and an
following:
1. Cliff geometry and site topography, extending the surveying work bc
site as needed to depict unusual geomorphic conditions that might affect the site.
2. Historic, current and foreseeable cliff erosion including investi:
recorded land surveys and tax assessment records in addition to the use of historic I
photographs where available and possible changes in shore configuration and sand transporl
characteristics and structural features, such as bedding, joints and faults.
Evidence of past or potential landslide conditions, the implication
conditions for the proposed development, and the potential effects of the development on
activity.
Impact of construction activity on the stability of the site and adjacen
Ground and surface water conditions and variations, including 11.
changes caused by the development (ic, introduction of sewage effluent and irrigation wa
ground water system, alterations in surface drainage).
7. Potential erodibility of site and mitigating measures to be used 1
minimized erosion problems during and after construction (Le., landscaping and drainage de
8. Effects of marine erosion on seacliffs.
9. Potential effects of earthquakes including: a. ground shaking c;
maximum credible earthquake, b. ground failure due to liquefaction. lurching, settlement ani
and c. surface rupture.
3, Geologic conditions, including soil, sedinient and rock ty
4.
5.
6.
10.
11.
Any other factors that might affect slope stability.
The potcntial foi flooding due to sea surfjce super elevation (wind i
surge, low barometric pressure and astronomical tide), wave run-up, tsunami and river flo.
potential should be related to one hundred and five hundred year recurrence intervals.
12. A description of any hazards to the development caused by possible
dams, reservoirs, mudflows or slides occurring off the property and caused by forces or
beyond the control of the applicant.
13. The extent of potential damage that might be incurred by the dev
during all foreseeable normal and unusual conditions, including ground saturation and
caused by the maximum credible earthquake.
14. The effect the prqject could have on the stability of tlie bluff.
15. Mitigating measures and alternative solutions for any potential impact
The report shall also express a professional opinion as to whether the projec
designed or located so that it will neither be subject to nor contribute to significant
instability throughout the Iifcspan of the project. The report shall use a currently a(
engineering stability analysis mcthod. shall describe the degree of uncertainty of analytic:
due to assumptions and unknowns. and at a minimuin, shall cover an area from the toe of
inland to a line described on the bluff top by the intersection of ;i plane inclined at a 20 degi
from horizontal passing tlirougli the toe of the bluff or 50 feet inland from tlie bluff edge, n
is greater. The degree of analysis requircd shall be appropriate to tlie degrec of potei
presented by the site and the proposcd project. If the report does not conclude that the pro-je
designed and the site be fouiid t(i IJC geologically stable, no coastal slioreline developmel
shall be issued."
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"2 1.204.120 Waiver Of Public Liability.
As part of the Coastal Development Permit for a coastal shoreline developm
following requirement shall be completed:
That prior to the transmittal of the Coastal Development Permit, the applicant shall s
the Planning Director a deed restriction for recording, free of prior liens except for tax lii
binds the applicant and any successors in interest. The form and content of the deed restrict
be subject to the review and approval of the Planning Director. The deed restriction shall pi
that the applicants understand that the site may be subject to extraordinary hazard from wave
storms, from erosion, and from landslides, and the applicants assume the liability fro
hazards; b. the applicants unconditionally waive any claim of liability on the part of the C
Coastal Commission or the City of Carlsbad for any damage from such hazards; and c. the a]
understand that construction in the face of these probable hazards may make them ineli:
public disaster funds or loans for repair, replacement, or rehabilitation of the property in the
storms and landslides."
SECTION XXIII: That Title 21, of the Carlsbad Municipal code is amenc
by the addition of chapter 21.205 to read as follows;
Chapter 21.205
COASTAL RESOURCE OVERLAY ZONE MELLO I LCP SEGMENT
Sections:
2 1.205 .O 1 0 Intent and Purpose
2 1.205.020 Authority - Conflict
21.205.030 Permits - Required
21.205.040 Maximum Density of Development
21.205.050 Mitigation
2 1.205 .O60
2 1.205.070 Buffer
"21.205.010 Intent And Purpose.
This zone supplements the underlying zone with additional resource protection polic
30000 et seq. of the Public Resources Code (all citations refer to that code). Property locate
zone is located in the watershed of Batiquitos Lagoon identified by the California Departme
Fish and Game as a unique, wetland habitat. Sections 30231,30240(b) and 30253 require t
developments adjacent to such areas be sited and designed to be compatible with the unique
In addition, Section 30242 of the Coastal Act require measures to be taken to protect contin
agricultural uses in the coastal zone. Property located in this zone is also located adjacent ti
agricultural areas. The City finds that the additional requirements of this zone are necesy
to implement the additional requirements of the Coastal Act enumerated above. Only with
requirements on private developments in the watershed can the City assure permanent protc
natural resources located in its portion of the coastal zone."
Erosion, Sedimentation, Drainage
required to implement the Land Use Plan pursuant to the California Coastal Act codified in
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"21.205.020 Authorit, - Conflict.
This chapter is adopted to implement the California Coastal Act. In the case of any c
between this zone and the underlying zone, the provisions of this zone shall apply. Further if 1
any conflict between this zone and any other provision of the City Code, the provisions of th
shall apply."
"21.205.030 Permits - Required.
Developments, including but not limited to, land divisions, as defined in Chapter 2 1.
require a coastal development permit. Such permits are subject to the requirements of this zc
the procedural requirements for coastal development permits of Chapter 65 21.201 .I1
"21.205.040 Maximum Density Of DeveloDment.
The maximum density of development shall be 7 units per gross acre. The underlyir
shall be either Planned Community P-C Chapter 21.38 or RD-M, Residential Density-MultipJ
Chapter 21.24, in effect on September 30, 1980. The parking requirements of Uses Ge
Chapter 2 1.44, shall also apply. No subsequent amendments of the underlying zones appl,
coastal zone unless certified by the Coastal Commission."
"21.205.050 Mitigation.
All recommended mitigation suggested by the certified final EIR shall be incorpora
part of the project and shall be required as a condition of approval of the coastal deve
permit."
"2 1.205.060 Erosion Sedimentation, Drainage.
Subject to the modifications, additions, or exceptions detailed below, as a part of thc
application, the applicant shall submit an erosion, sedimentation and drainage report prepa
qualified professional which includes the requirements of the Model Erosion Control 01
reprinted in the Appendix to the June 1980 Carlsbad Master Drainage Plan, all requiremeni
Master Drainage Plan, and the additional requirements specifically enumerated herein. 'I
1980 Master Drainage Plan and its appendices are herein incorporated by this referen
subsequent amendments are a part of this zone unless certified by the Coastal Commissic
general provisions, procedures, standards, content of plans and implementation contained thc
required conditions of development in addition to the provisions below. Approved devc
shall include the following conditions, in addition to the requirements specified above:
A. All offsite, downstream improvements (including debris basin and su
improvements recommended in the Drainage Plan) shall be constructed prior to the issu:
grading permit onsite. Improvements shall be inspected by City staff and certified as adequz
compliance with the requirements of the Drainage Plan and the additional requirements oft
If the City declines to accept maintenance responsibility for the improvements, the develc
maintain the improvements during construction of the onsite improvements.
If the offsite or onsite improvements are not to be accepted and maintai
public agency, detailed maintenance agreements including provisions for financing the ma
through bonding or other acceptable means shall be secured prior to issuance of the
Maintenance shall be addressed in.the report required to be submitted with the permit apy
The report shall discuss maintenance costs and such costs shall be certified as a best
obtaining accurate figures.
€3.
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C. Construction of offsite drainage improvements may use an assessment districf
other acceptable manner. Such mechanisms shall be secured by bonding or other acceptablc
prior to issuance of a coastal development permit.
If a public agency agrees to accept maintenance responsibilities, it shall ins]
facilities prior to onsite construction or grading and indicate if such facilities assure co
maintenance. No onsite development may take place prior to acceptance of the c
improvements.
All construction activities shall be planned so that grading will occur in units
be easily completed within the summer construction season. All grading operations shall be
from April 1 through October 1 of each year. All areas disturbed by grading shall be plantec
60 days of the initial disturbance and prior to October 1 with temporary or permanent (in the
finished slopes) erosion control methods. The use of temporary erosion control measures,
berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be
in conjunction with plantings to minimize soil loss from the construction site. Said planting
accomplished under the supervision of a licensed landscape architect, and shall consist of
mulching, fertilization and irrigation adequate to provide 90% coverage within 90 days.
shall be repeated if the required level of coverage is not established. This requirement shall
all disturbed soils including stockpiles. this requirement shall be a condition of the permit."
D.
E.
"21.205.070 Buffer.
A sturdy fence capable of attenuating noise and dust impacts, generally to be a concrc
wall a minimum of 6 feet in height, shall be provided between residential developrr
agricultural areas to the north and east. As a partial alternative, utilization of natural top
separations such as trees, chaparral, and existing slopes is encouraged, to the extent t
separations can be incorporated into site planning and would accomplish adequate atteni
noise and dust. Permanent maintenance through a homeowners association or other ac
means shall be provided as a condition of development."
EFFECTIVE DATE: This ordinance shall be effective after the second read
thirty days after its adoption and after the effective certification by the Coastal Commissi
city clerk shall certify the adoption of this ordinance and cause it to be published at least
newspaper of general circulation in the City of Carlsbad within fifteen days after its
Notwithstanding the foregoing, this ordinance shall not be effective until approved by th
Commission.
....
....
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbi
Council on the 9th day of JULY , 1996, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
Carlsbad on the 16th day ofJ&X-1996, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hal:
APPROVED AS TO FORM AND LEGALITY
, Ln.L
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk /
(SEAL)
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ORDINANCE NO. NS-366
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING THE AVIARA
MASTER PLAN BY THE AMENDMENT OF VARIOUS
SECTIONS WHICH ADD SUGGESTED MODlFlCATlONS
PREVIOUSLY MADE BY THE CALIFORNIA COASTAL,
COMMISSION
CASENAME: CITY OF CARLSBAD LOCAL COASTAL
CASE NO: MP 177(Q)
The City Council of the City of Carlsbad, California does ordain t
Aviara Master Plan, being Ordinance No. 9830, as amended to date, shall be
amended as follows:
PROGRAM EFFECTIVE CERTIFICATION
SECTION I: That the “Local Coastal Program” section (p 13)
Master Plan shall be amended to read as follows:
Local Coastal Program
The Pacific Rim Master Plan as adopted by the Carlsbad City Council an
approved and modified by the California Coastal Commission herein an
in Coastal Development Permit #6-87-680 is approved as th
Implementing Ordinance for the corresponding portion of the Ea
Batiquitos Lagoon/Hunt Properties Land Use Plan.
SECTION II: That the “Grading and Resource Protection” seck
of the Master Plan shall be amended to read as follows:
Gradina and Resource Preservation
All development upon the subject property shall comply with the gradii
and resource preservation policies of the underlying Mello I, Mello II a
Batiquitos Lagoon/HPI Local Coastal Program policies. For all tentati
maps and/or site development plans/planned unit development process
for any portion of this Master Plan, site specific slope and biologic
constraint maps must be submitted for review. These maps shall speci
1) all 25% or greater slope areas containing Chaparral and Coastal Sa
Scrub habitats, and 2) all other 25% or greater slope areas. All n
development shall be designed to be consistent with multi-species i
multi-habitat goals and requirements as established in the statew
Natural Communities Conservation Planning (NCCP) Program. Both
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consultation with the United States Fish and Wildlife Service and the
California Department of Fish and Game.
The (upland) areas to be retained in their natural state, pursuant to this
policy, as well as all other areas of the site proposed for retention in their
natural state shall be placed in an open space deed restriction as a
condition of approval for any development pursuant to the Master Plan.
SECTION 111: That the Planning Area 17, “Landscape” section (p #
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between nativehaturalized areas
and structures. The fire suppression plan should incorporate a minimum
twenty (20) foot structural setback from native areas in combination with a
program of selective thinning of native vegetation subject to the approva
of the Planning Director.
SECTION IV: That the Planning Area 17, “Open Space” section
of the Master Plan shall be amended to read as follows:
The manufactured slope areas shall be maintained as open space
Additional areas along the western boundary of the planning area shall be
maintained as natural open space including eucalyptus groves located a
the northwest and southwest corners of the planning area which may bc
thinned. A tree thinning plan shall be submitted to the Planning Direct0
for approval. The above open space areas shall be maintained by thc
community open space maintenance district. A north-east trending ope1
space wildlife corridor shall be maintained at the north end of this plannin!
area in conformance with the requirements of the Department of Fish an(
Game and the US Fish and Wildlife Service to meet the goals ani
requirements of the Natural Communities Conservation Planning (NCCF
Program. This corridor shall also include a wildlife undercrossing beneat
Ambrosia Lane to connect to Planning Area 18 open space.
SECTION V: That the Planning Area 21, “Landscape” section (p
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direct(
and Fire Marshal shall be established between nativehaturalized are2
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tentative tract maps and the final maps shall demonstrate compliance with
NCCP guidelines. Compliance with the guidelines shall be developed in
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and structures. The fire suppression plan should incorporate a minimum
twenty (20) foot structural setback from native areas in combination with a
program of selective thinning of native vegetation subject to the approval
of the Planning Director.
SECTION VI: That the Planning Area 21 , “Trails” section (p 154)
Master Plan shall be amended as follows:
Trails A portion of the major community trail which extends southward from
Poinsettia Lane is located within this planning area. The trail segment
runs along the westerly edge of the major eucalyptus grove within the
planning area and the segment within the public utility corridor which
extends southward to the golf course shall be constructed as a condition
of development for this planning area. Revisions to the trail alignmenl
within this segment may occur in consultation with the Department of Fish
western edge of the residential subdivision and extend south to the go11
course.
and Game and the US Fish and Wildlife Service, and shall conform to the
SECTION VII: That the Planning Area 22, “Landscape”: section (p
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Directoi
and Fire Marshal shall be established between nativelnaturalized area:
and structures. The fire suppression plan should incorporate a minimun
twenty (20) foot structural setback from native areas in combination with t
program of selective thinning of native vegetation subject to the approva
of the Planning Director.
SECTION VIII: That the Planning Area 22, “Open Space” section
of the Master Plan shall be amended to read as follows:
The manufactured slope areas shall be maintained as open space. Tt
undeveloped areas, especially the slopes in the central, east and s(
portions of the planning area, shall be maintained as natural open I
conformance with the requirements of the Department of Fish and Game
US Fish and Wildlife Service to meet the goals and requirements of the
Communities Conservation Planning (NCCP) Program. The above not(
space areas shall be maintained by the community open space main
district. A wildlife under crossing shall be constructed beneath the Plann
22 access road at the north end of the open space wildlife corridor.
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SECTION IX: That the Planning Area 22, “Trails” section (p 138)
Master Plan shall be amended as follows:
Trails
The portion of the major community trail which connects Poinsettia Lane
and Alga Road is located within the planning area and shall be
constructed as a condition of development for this planning area. Revision
to the trail alignment within this segment may occur, in consultation with
the Department of Fish and Game and US Fish and Wildlife Service, tc
extend south to a connection with Alga Road and to avoid environmentally
sensitive habitat areas.
SECTION X: That the Planning Area 22, “Native Vegetation: sec
162) of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Directoi
and Fire Marshal shall be established between nativehaturalized are:
and structures. The fire suppression plan should incorporate a minimurr
twenty (20) foot structural setback from native areas in combination with i
program -of selective thinning of native vegetation subject to the approva
of the Planning Director.
SECTION XII: That the Planning Area 23 :”Trails” section (p 102
Master Plan shall be amended to read as follows:
Trails
The portion of the major community trail which connects Poinsettia Lani
and Alga Road is located within the planning area and shall bc
constructed as a condition of development for this planning area.
Revisions to the trail alignment within this segment may occur, ii
consultation with the Department of Fish and Game and US Fish an1
Wildlife Service, to extend south to a connection with Alga Road and t
avoid environmentally sensitive habitat areas.
SECTION XIII: That the Planning Area 32, “Permitted Uses” secti
of the Master Plan shall be amended as follows:
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The following uses are allowed within the Pacific Rim Park (Areas 32 and
32a on Exhibit V-33); natural open space, passive recreational uses,
family-oriented picnic areas, group picnic areas, turfed open space areas
for free play, multi-purpose lighted playfields, tot areas, a structure for
meeting or lectures, tennis courts, swimming pool, onsite parking and
similar uses commonly located in a public park. Church and daycare uses are allowed with Area 32b subject to approval of a conditional use permit,
SECTION XIV; That the Planning Area 32, “Open Space” secl
193a) of the Master Plan shall be amended to read as follows:
Open Space
An open space corridors shall be maintained at the north end of this
planning area in conformance with the requirements of the Department 01
Fish and Game (DFG) and the US Fish and Wildlife Service (FWS) tc
meet the goals and requirements of the Natural Communities
Conservation Planning (NCCP) Program. The corridor shall be
established in consultation with DFG/USFWS.
SECTION XV: That the schematic drawings associated with P
Areas 17, 22 and 32 (p 136a, 155a and 194) of the Master Plan shall be amen
follows:
a.
b.
c.
Revise PA 17 schematic to include revised approved tentative IT
Revise PA 22 schematic to included revised approved tentative n
Revise PA 32 schematic to eliminate any propose development pa
SECTION XVI: That the Planning Area 25, “Landscape” section (p
open space corridor as shown in concept on Exhibit A attached.
open space corridor as shown in concept on Exhibit B attached.
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direct(
and Fire Marshal shall be established between native areas ar
structures. .The fire suppression plan should incorporate structur
setbacks from native areas in combination with a program of selecth
thinning of native vegetation as indicated in the “Fire Suppressic
Landscape Guidelines for Undisturbed and Revegetated Native Pla
Communities”: provided that no portion of Zone I as defined in tt
“Guidelines” shall encroach upon deed restricted open space are:
required as part of the approval of the Master Plan. All elements of the fi
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suppression plan, including the location of zone boundaries, and selective
thinning programs shall be subject to the approval of the Planning
Director. Any deviation from the “Fire Suppression Guidelines” shall be
the subject of future local coastal program amendments.
SECTION XVII: That the Planning Area 26, “Landscape” section (
of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas anc
structures. The fire suppression plan should incorporate structura
setbacks from native areas in combination with a program of selective
thinning of native vegetation as indicated in the “Fire Suppressior
Landscape Guidelines for Undisturbed and Revegetated Native Plan
Communities’’ provided that no portion of Zone 1 as defined in thc
required as part of the approval of the Master Plan. All elements of the fir€
suppression plan, including the location of zone boundaries, and selectivc
thinning programs shall be subject to the approval of the Plannini
Director. Any deviation from the “Fire Suppression Guidelines” shall bt
the subject of future local coastal program amendments.
“Guidelines” shall encroach upon deed restricted open space area:
SECTION XVII: That the Planning Area 27, “Landscape” section
of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Directc
and Fire Marshal shall be established between native areas an
structures. The fire suppression plan should incorporate structuri
setbacks from native areas in combination with a program of selectiv
thinning of native vegetation as indicated in the “Fire Suppressio
Landscape Guidelines for Undisturbed and Revegetated Native Plai
Communities”: provided that no portion of Zone I as defined in th
“Guidelines” shall encroach upon deed restricted open space are2
required as part of the approval of the Master Plan. All elements of the fii
suppression plan, including the location of zone boundaries, and selectb
thinning programs shall be subject to the approval of the Plannir
Director. Any deviation from the “Fire Suppression Guidelines’’ shall 1
the subject of future local coastal program amendments.
SECTION XVIII: That the Planning Area 27, “Landscape” sectioi
of the Master Plan shall be amended to read as follows:
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A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas and
structures. The fire suppression plan should incorporate structural setback
from native areas in combination with a program of selective thinning of
native vegetation as indicated in the “Fire Suppression Landscape
Guidelines for Undisturbed and Revegetated Native Plant Communities”:
provided that no portion of Zone 1 as defined in the “Guidelines” shall
encroach upon deed restricted open space areas required as part of the
approval of the Master Plan. All elements of the fire suppression plan shall
be subject to the approval of the Planning Director. Any deviation from the
“Fire Suppression Guidelines” shall be the subject of future local coastal
program amendments.
SECTION XIX: That the Planning Area 28, “Landscape” section (
of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas and
structures. The fire suppression plan should incorporate structural
setbacks from native areas in combination with a program of selective
thinning of native vegetation as indicated in the “Fire Suppression
Landscape Guidelines for Undisturbed and Revegetated Native Plant
Communities”: provided that no portion of Zone 1 as defined in the
”Guidelines” shall encroach upon deed restricted open space areas
required as part of the approval of the Master Plan. All elements of the fire
suppression plan shall be subject to the approval of the Planning Director,
Any deviation from the “Fire Suppression Guidelines” shall be the subject
of future local coastal program amendments.
SECTION XX: that the Planning Area 30, “Landscape” section (p ’
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas and
structures. The fire suppression plan should incorporate structural
setbacks from native areas in combination with a program of selective
thinning of native vegetation as indicated in the “Fire Suppression
Landscape Guidelines for Undisturbed and Revegetated Native Plant
Communities”: provided that no portion of Zone 1 as defined in the
”Guidelines” shall encroach upon deed restricted open space areas
required as part of the approval of the Master Plan. All elements of the fire
suppression plan shall be subject to the approval of the Planning Director.
Any deviation from the “Fire Suppression Guidelines” shall be the subject
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of future local coastal program amendments.
SECTION XXI: That the Planning Area 24, “Landscape” section (I
of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas and
structures. The fire suppression plan should incorporate structural
setbacks from native areas in combination with a program of selective
thinning of native vegetation as indicated in the “Fire Suppression
Landscape Guidelines for Undisturbed and Revegetated Native Plan1
Communities”: provided that no portion of Zone 1 as defined in the
”Guidelines” shall encroach upon deed restricted open space areas
required as part of the approval of the Master Plan. All elements of the fire
suppression plan shall be subject to the approval of the Planning Director
Any deviation from the ”Fire Suppression Guidelines” shall be the subjecl
of future local coastal program amendments.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and I
to be published at least once in a newspaper of general circulation in the
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the C
City Council on the 9th day of JULY l 1996, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Council
, 1996, by the following vote, to wit: City of Carlsbad on the 16th day of JULY
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Ha
NOES: None
ABSENT: None
ABSTAl N: None
APPROVED AS TO FORM AND LEGALITY
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ATTEST:
AM
ALETHA L. RAUTENKRANZ, city cled
(SEAL)
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Open space to be preserved
Key MZ
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Open space to be preserv (See open space discussi
in Plarrning Area text)
Legend
Vbw Orientauocr
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ORDINANCENO. NS-367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE POINSETTIA
SHORES MASTER PLAN BY THE AMENDMENT OF
VARlOUS SECTIONS WHICH ADD SUGGESTED
MODIFICATIONS PREVIOUSLY MADE BY THE
CALIFORNIA COASTAL COMMISSION
CASENAME: CITY OF CARLSBAD LOCAL COASTAL
PROGRAM EFFECTIVE CERTIFICATION
CASE NO.: MP 175(G)
The City Council of the City of Carlsbad, California, does ordain t
Poinsettia Shores Master Plan (being Ordinance No. NS266 as amended to date) shall be
amended as follows:
SECTIONI: That the “Purpose” section (p 1) of the Master Plan !
amended as follows:
Adoption .of the Poinsettia Shores Master Plan by the Carlsbad City cowcil
pursuant to Chapter 21.38 of the Carlsbad Municipal Code and approved by th
California Coastal Commission, will establish the zoning and developmen
standards applicable to the project as a whole with consideration, to individw
planning areas, defining the permissible type and intensity of development.
SECTION 11: That the “Circulation and Roadway Alignment” section
the Master Plan shall be amended to read as follows:
As shown on Exhibit 3, page 12, Avenida Encinas and Windrose Circle will I
public streets. All other streets within the master plan boundary will be priva
and gated with the exception of internal streets associated with Planning Areas L
3, A-4 and J.
SECTION 111: That the Land Use General Plan section (p 14) of the M
shall be amended to read as follows:
A fuhue major Master Plan Amendment and LCP Amendment will be requiI
prior to further development approvals for Planning Area F.
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SECTION IV: That the Land Use - Non Residential Reserve section 0s
the Master Plan shall be amended to read as follows:
A futue major Master Plan Amendment and LCP Amendment will be required
prior to further development approvals for Planning Area F.
SECTION V: That the Planning Area F - Land Use Allocation section
of the Master Plan shall be amended to read as follows:
A future major Master Plan Amendment and LCP Amendment will be required
prior to further development approvals for Planning Area F.
SECTION IV: That Exhibit 10, the Open Space Plan of the Master Plan
amended to illustrate that the setbacks and open space shown on Planning Areas G and
be identified as “Public Open Space”.
SECTIONVII: That the “Open Space and Resource Preservation PC
Pedestrian Trail” section of the Master Plan (p 25) shall be amended to read as follows:
Perimeter Pedestrian Trail
A pedestrian trail will be constructed around the southern perimeter of a portior
of the project east of the railroad tracks. This trail will be open to the public a:
well as the residents of the Poinsettia Shores Master Plan. Sitting areas anc
viewpoints will be located to take advantage of back country, lagoon and ocex
views. The location and design of these facilities are shown by exhibits 11
through 16 on pages 27 through 32. Access to this trail will be available fron
Windrose Circle near Planning Area A-4 with public parking provided.
This trail shall be constructed to provide good drainage. A cross sIope shall bt
maintained with a minimum two percent (2%) grade with berms and ditchei
utilized to prevent washouts of cuts and fills. Cut and fill slopes created by thc
construction of the trail system will not exceed 2:l. Trail entrance signs will bc
posted at trail entrances and street crossings.
A Trail Construction Plan shall be provided for all planning areas containin]
public trails. The public trails alignment shall be as shown on the attachec
exhibit. The plan shall indicate that all trail alignments will be atop of the lag001
or railroad slopes and shall be constructed in the least environmentally-damagin
manner. The public trail shall be a minimum width of ten feet measured inIan1
from the top of the bluff edge or railroad embankment. The trail improvement
shall include a minimum 5 foot wide improved accessway, fencing, tras
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receptacles and interpretive signage. In addition to the existing trailhead at
Windrose Circle, two additional trailheads shall be provided: one at the southwest
comer of Planning Area A-4 adjacent to the railroad right-of-way and one at the
northwest corner of Planning Area A-3, adjacent to Avenida Encinas. These
trailheads shall include appropriate directional signage and identification. The
plan shall include construction specifications, maintenance standards, and specify
what party(ies) shall assume maintenance and liability responsibilities.
SECTION VIII: That the “Affordable Housing” - Poinsettia Shores Corn
section (p 42) of the Master Plan shall be amended as follows:
In conjunction with the Density Bonus, additional incentives are also required tc
be granted to the density bonus applicant. For the Poinsettia Shores Master Plan
one additional incentive will be design modifications within any of the Planning
Areas to the Planned Development Ordinance standards andor other CiQ
policies. The modification shall be either as set forth in this Master Plan o
approved subsequently by the Planning Director, City Engineer, and approved b!
the California Coastal Commission.
SECTION IX: That the “Master Plan Theme Elements’’ section of the
Plan (p 54) shall be amended as follows:
The entries into Planning Areas A-1, A-2, B-1, B-2, and C will be manned c
electronically guarded gates. This is intended to limit the access into the prival
portions of the Master Plan development area.
SECTION X: That the “Planning Area A-3’’ --Other Special Condition
(p 82) of the Master Plan shall be amended as follows:
Prior to the issuance of building permits for any home within this planning are
construction of that portion of the public trail which is within this Planning Arc
shall be completed.
SECTIONXI: That the “Planning Area A-4” --Design Criteria sectic
Master Plan (p 84) shall be amended as follows:
In order to address potential visual impacts to the lagoon, specific architectu
standards or designs must be proposed concurrent With the review of a plm
development permit/or tentative map for this planning area. These developmc
standards shall address ‘reduction of potential visual impacts through methc
which may include but are not .limited to: use of single-story elements
architecture, percentage of single-story or single-story elements adjacent to 1
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lagoon or bluff-top setback area, height limitations adjacent to the lagoon or bluff-
top setback area, and design considerations such as architectural offsets and varied
roof pitches. Building coloration will be subordinate to the adjacent lagoon
hillside and building materials will be compatible with the adjacent lagoon
environment.
SECTION XII: That the ‘‘Planning Area A-4” --Other Special Conditions
($85) of the Master Plan shall be amended as follows:
Prior to the issuance of building permits for any home within this planning area, 7
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construction of that portion of the public trail which is within this Planning Area
shall be completed.
SECTION XIII: That the “Planning Area G’ --Other Special Conditions
(p 1 1 1) of the Master Plan shall be amended as follows:
The development of this planning area shall include a public access trail which wil
be designed to link with the Master Plan’s trail system. Trail improvements mu
be installed prior to the issuance of any building permits for this planning area.
SECTION XV: That the “Planning Area H’ --Other Special Conditions
(p 1 15) of the Master Plan shall be amended as follows:
The development of this planning area shall include a public access trail which wi
be designed to link with the Master Plan’s trail system. Trail improvements mu:
be installed and dedication of the trail shall be accepted by the City of Carlsbad *
the City agrees and it adopts a Citywide Trails Program that includes provision
for liability and maintenance. Otherwise prior to the issuance of any buildin,
permits the obligation for acceptance, construction, maintenance, and liability shal
be the responsibility of another agency designated by the City or the responsibilit
of the Homeowner’s Association. Upon acceptance of the dedication, includin
maintenance and liability responsibilities, and completion of the trai
improvements, the trail shall be open for public use.
SECTION XV: That the “Planning Area I-,” --Design Criteria section (p
the Master Plan shall be amended as follows:
Design Criteria:
All development in this Area shall be consistent with Batiquitos Lagoon
Enhancement Plan.
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EFFECTIVE DATE: This ordinance shall be effective thirty days a
adoption, and the City Clerk shall certifi to the adoption of this ordinance and car
be published at least once in a newspaper of general circulation within fifteen da:
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsb,
Council held on the 9th day of JULY 1996, and thereafter.
PASSED AND ADOPTED at a regular meeting of said City Council held (
day of JULY, 1996, by the following vote, to wit: 16th
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Ha
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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