HomeMy WebLinkAbout1999-12-14; City Council; 15539; Hillside Ordinance Amendment,
-3 CJ Ln I
z
a
3
a al
s a
B c,
.?I
rl .rl
s
g u
. .
p
2
g
i
AB# /5539 m:
HILLSIDE ORDINANCE AMENDMENT - COASTAL
MTG. 12/14/99 COMMISSION SUGGESTED MODIFICATIONS
ZCA 96-04(A)/LCPA 96-01 (A)
DEPT. PLN dp CITY MGR
- /? . , CITY OF CARLSBAD -AGENDA BILL N
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. /%+a+ , APPROVING ZCA 96-04(A) and LCPA 96-01 (A).
ITEM EXPLANATION:
On November 3, 1999, the Planning Commission conducted a public hearing and recommended
approval (7-O) of a zone code amendment and local coastal program amendment to accept the
California Coastal Commission’s suggested modifications to the City’s amended Hillside
Development Ordinance (ZCA 96-04/LCPA 96-01). The suggested Hillside Ordinance modifications
are clarifications of coastal steep slope protection provisions which currently exist within the City’s
Municipal Code and are therefore consistent with the existing amended Hillside Development Ordinance. The proposed Coastal Commission modifications are shown in highlight format on
Attachment “A” of the Planning Commission staff report.
ENVIRONMENTAL REVIEW
The proposed zone code amendment and local coastal program amendment to adopt California
Coastal Commission suggested modifications to the City’s amended Hillside Development
Ordinance (ZCA 96-04/LCPA 96-01) will not create any additional significant impacts that were not
previously analyzed in the Negative Declaration for ZCA 96-04/LCPA 96-01. The Planning Director has therefore determined that this project is in prior compliance with Negative Declaration ZCA 96-
OWLCPA 96-01.
FISCAL IMPACT:
Accepting the California Coastal Commission suggested modifications will not have any City related
fiscal impacts.
EXHIBITS:
1. Ordinance No. /t/s-54$ 2. Planning Commission Resolution No. 4658 and 4659
3. Planning Commission Staff Report, dated November 3, 1999
4. Draft Excerpts from Planning Commission Minutes, dated November 3, 1999.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. NS-524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTIONS
21.95.120(A)(l), 21.95.120(B)(2), 21.95.130(A), 21.95.130(B),
AND 21.95.140(A) OF THE HILLSIDE DEVELOPMENT
CHAPTER AND SECTION 21.53.230(d) OF THE USES
GENERALLY CHAPTER OF THE CARLSBAD MUNICIPAL
CODE INCORPORATING THE CALIFORNIA COASTAL
COMMISSION’S SUGESTED MODIFICATIONS.
CASE NAME: HILLSIDE ORDINANCE AMENDMENT
SUGGESTED MODIFICATIONS
CASE NO.: ZCA 96-04(A)
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Section 21.95.12OAl of the Carlsbad Municipal Code is
amended to read as follows:
“21.95.120Al Hillside develoDment and design standards
All development on natural slopes of twenty-five percent or greater within the
coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 of the Carlsbad
Municipal Code and the slope protection policies of the applicable local coastal program
segment. Additionally, all hillside development processed pursuant to this chapter shall be
consistent with all applicable provisions and policies of the certified local coastal program(s) and
shall not result in significant adverse impacts to coastal resources. Within the coastal zone, in
case of conflict between this section and any other provision of Chapter 21.95 Hillside
Development Regulations, this’section shall apply.”
SECTION 2: That Section 21.95.12OB2 of the Carlsbad Municipal Code is
amended to read as follows:
“21.95.120B2 Hillside develoDment and design standards ;
Outside the coastal zone, projects which propose the development of natural
slopes defined in Skction 21.95.120(B)(l) shall nevertheless be allowed, only if the project
qualifies as an exclusion or obtains a modification, pursuant to Sections 21.95.130 and
2 1.95.140, respectively.”
SECTION 3: That Section 21.95.130A of the Carlsbad Municipal Code is
amended k read as follows:
“21.95.130A Exclusions
Outside the coastal zone, the following are excluded fkom the Hillside Development and Design Standards of Section 21.95.120:
1. Hillside areas where a Circulation Element roadway or a collector street
must be located provided that the proposed alignment(s) are environmentally preferred and
comply with all other City standards. 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. Grading volumes, slope heights and graded areas which are directly
associated with Circulation Element roadways or collector streets, provided that the proposed
alignment(s) are environmentally preferred and comply with all other City standards.
3. Hillside areas that have unusual geotechnical or soil conditions that
necessitate corrective work that may require significant amounts of grading.”
SECTION 4: That Section 21.95.130B of the Carlsbad Municipal Code is
amended on to read as follows:
“21.95.13OB Exclusions
Within the coastal zone, grading for construction of Circulation Element
roadways are excluded from Sections 21.38.141(C)(l)(a) and 21.203.040(A)(l) of the Municipal
Code.”
SECTION 5: That Section 21.95.14OA of the Carlsbad Municipal Code is
amended to read as follows:
“21.95.14OA Modifications to the develonment and design standards
Outside the coastal zone, the decision-making body or official may approve a
modification to the Hillside Development and Design Standards of Section 21.95.120 if it finds
that the proposed development complies with the Purpose and Intent provisions of Section
21.95.010 and makes one or more of the following findings:
1. The proposed modification will result in significantly more open space or
undisturbed area than would a strict adherence to the requirements of Section 21.95.120.
2. The proposed modification will result in the development of manufactured slopes which are more aesthetically pleasing and natural appearing than would a strict adherence
to the requirements of Section 21.95.120.
SECTION 6: That Section 21.53.230(d) of the Carlsbad Municipal Code is
amended to read as follows:
“2 1.53.230(d) Residential Densitv Calculations. Residential Develooment
Restrictions on Ouen Suace and Environmentallv Sensitive Lands
(4 For the purposes of Titles 20 and 21 of this Code, residential density shall be
determined based on the number of dwelling units per developable acre of property.
@I The following lands are considered to be undevelopable and shall be excluded
from density calculation:
(1) Beaches;
(2) Permanent bodies of water;
(3) Floodways;
(4) Natural slopes with an inclination of greater than forty percent except as
permitted pursuant to Section 2 1.95.120B of this Code;
(5) Significant wetlands;
(6) Significant riparian or woodland habitats;
(7) Land subject to major power transmission easements;
(8) Land upon which other significant environmental features as determined
-2- 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
by the environmental review process for a project are located;
(9) Railroad track beds.
(cl No residential development shall occur on any property listed in subsection (b).
Subject to the provisions of Chapters 21.33 and 21.110, the City Council may permit limited
development of such property if, when considering the property as a whole, the prohibition
against development would constitute an unconstitutional deprivation of property. The Planning Commission or City Council, whichever is the final decisionmaking body for a residential
development may permit accessory facilities, including, but not limited to, recreational facilities,
view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 2 1.110)
and on land subject to major power transmission easements.
(d) Residential development on slopes with an inclination of twenty-five to forty percent,
inclusive, shall be designed to minimize the amount of grading necessary to accommodate the
project. For projects within the coastal zone, the grading provisions of the Carlsbad local coastal
program and Chapters 21.38 and 21.203 of the Municipal Code shall apply.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. Notwithstanding the preceding, this ordinance amendment
effectuates a Local Coastal Program Amendment, and shall not be effective in the Coastal Zone
until it is approved by the Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
held on the day of , 1999, and thereafter
/Ill
/Ill
/Ill
l/II
/Ill
/Ill
l/II
l/II
/Ill
-3-
PASSED AND ADOPTED at a regular meeting of said City Council held on the
day of , 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
-4- 5
, /I EXHIBIT 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 4658
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT (ZCA 96-
04(A)) TO AMEND TITLE 21, CHAPTERS 21.95 AND 21.53
OF THE CARLSBAD MUNICIPAL CODE, TO ACKNOW-
LEDGE RECEIPT OF AND ACCEPT SUGGESTED MODIFI-
CATIONS TO THE HILLSIDE DEVELOPMENT AND USES
GENERALLY CHAPTERS APPROVED BY THE CALIFOR-
NIA COASTAL COMMISSION.
CASE NAME: HILLSIDE ORDINANCE AMENDMENT SUG-
GESTED MODICICATIONS
CASE NO: ZCA 96-04(A)
WHEREAS, California State law requires that the Local Coastal Program,
General Plan and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the City approved ZCA 96-04 (Hillside Ordinance Amendment to
amend Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) and amended it’s Local
Coastal Programs (LCP) to adopt Chapters 21.95 and 21.53 as the implementing zoning for the
City’s LCP; and
WHEREAS, on June 10, 1999, the Coastal Commission approved said LCP
amendment with “suggested modifications”; and
WHEREAS, the City of Carlsbad has received “suggested modifications” from
the California Coastal Commission for the Hillside Development and Use Generally Chapters
21.95 and 21.53 of the Carlsbad Municipal Code as set forth in this resolution; and
WHEREAS, acceptance of the Coastal Commission’s “suggested modifications”
is necessary to comply with the California Coastal Act and California Administrative Code; and
WHEREAS, the Planning Commission did on the 3rd day of November 1999,
hold a duly noticed public hearing as prescribed by law to consider said request; and
. . ,
. . .
k
-.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, said application also constitutes a request for a zone code
amendment to implement acceptance of the suggested modifications, as shown on Exhibit
“X” dated November 3, 1999, HILLSIDE ORDINANCE AMENDMENT SUGGESTED
MODIFICATIONS ZCA 96-04(A) attached hereto and made a part hereof, as provided by
Chapter 2 1.52 of the Carlsbad Municipal Code; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the acceptance of the suggested modifications to the previously approved LCPA
and its implementing Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of HILLSIDE ORDINANCE AMENDMENT
SUGGESTED MODIFICATIONS, ZCA 96-04(A), based on the following
findings:
FindinPs:
1. That the proposed Zone Code Amendment is required in order ‘to accept suggested
modifications approved by the California Coastal Commission.
2.
3.
That acceptance of the proposed “suggested modifications” is necessary by the City
in order to comply with California Administrative Code Sections 13544 and 13551.
That the proposed amendment will retain consistency between Title 21 and the
implementation plan for the Local Coastal Program as approved by the California
Coastal Commission.
4. The Planning Director has determined that the project is a
a. project for which a Negative Declaration was previously adopted [15162].
b. this project is consistent with the project cited above;
PC RESO NO. 4658 -2- 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
h 17
18
19
20
21
22
23
24
25
26
27
28
C.
d.
e.
Negative Declaration ZCA 96-04/LCPA 96-01 was approved in connection
with the prior project;
the project has no new significant environmental effect not analyzed as
significant in the prior Negative Declaration;
none of the circumstances requiring a Subsequent Negative Declaration or a
Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist;
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 3rd day of November 1999, by the following
vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L”Heureux,
Segall, Trigas, Welshons and Nielsen
NOES:
ABSENT:
ABSTAIN:
- COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
hm3mL J. MLZM~LER
Planning Director
PC RESO NO. 4658 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.-
PLANNING COMMISSION RESOLUTION NO. 4659
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO ALL SIX SEGMENTS
OF THE CARLSBAD LOCAL COASTAL PROGRAM TO
ACKNOWLEDGE RECEIPT OF AND ACCEPT SUGGESTED
MODIFICATIONS TO THE HILLSIDE DEVELOPMENT AND
USES GENERALLY CHAPTERS APPROVED BY THE
CALIFORNIA COASTAL COMMISSION.
CASE NAME: HILLSIDE ORDINANCE AMENDMENT SUG-
CASE NO:
GESTED MODIFICATIONS
LCPA 96-01 (A)
WHEREAS, California State law requires that the Local Coastal Program,
General Plan and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the City approved LCPA 96-01 (Hillside Ordinance Amendment to
amend Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) to adopt the City’s Hillside
Development and Uses Generally Chapters 21.95 and 21.53 as the implementing zoning for the
City’s LCP; and
WHEREAS, on June 10, 1999, the Coastal Commission approved said LCP
amendment with “suggested modifications”; and
WHEREAS, the City of Carlsbad has received “suggested modifications” from
the California Coastal Commission for the Hillside Development and Use Generally Chapters
21.95 and 21.53 of the Carlsbad Municipal Code as set forth in this resolution; and
WHEREAS, acceptance of the Coastal Commission’s “suggested modifications”
is necessary to comply with the California Coastal Act and California Administrative Code; and
WHEREAS, said application constitutes a request for a Local Coastal Program
Amendment to implement acceptance of the suggested modifications as shown on Exhibit
“X” dated November 3, 1999, HILLSIDE ORDINANCE AMENDMENT SUGGESTED
MODIFICATIONS ZCA 96-04(A) attached to Planning Commission Resolution No. 4658 and
incorporated herein by reference, as provided by Public Resources Code Section 30574 and
41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_-
Article 15 of Chapter 8, Subchapter 2, Division 5.5, Title 14 of the California Code of
Regulations (California Coastal Commission Administrative Regulations); and
WHEREAS, the Planning Commission did on the 3rd day of November 1999,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of HILLSIDE ORDINANCE AMENDMENT
SUGGESTED MODIFICATIONS, LCPA 96-01(A), which effectuates City
acceptance of the Coastal Commission’s “suggested modifications” based on the
following findings:
FindinrJs:
1.
2.
3.
4.
That the proposed Local Coastal Program Amendment is required in order to accept
suggested modifications approved by the California Coastal Commission.
That acceptance of the proposed “suggested modifications” is necessary by the City
in order to comply with California Administrative Code Sections 13544 and 13551.
The proposed amendment will retain consistency between the City’s zone code and
it’s Local Coastal Program as approved by the California Coastal Commission.
The Planning Director has determined that the project is a
a. project for which a Negative Declaration was previously adopted [15162].
b. this project is consistent with the project cited above;
C. Negative Declaration ZCA 96-04/LCPA 96-01 was approved in connection
with the prior project;
d. the project has no new significant environmental effect not analyzed as
significant in the prior Negative Declaration;
PC RESO NO. 4659 -2- m
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e. none of the circumstances requiring a Subsequent Negative Declaration or a
Supplemerital EIR under CEQA Guidelines Sections 15162 or 15163 exist;
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 3rd day of November 1999, by the following
vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L”Heureux,
Segall, Trigas, Welshons and Nielsen
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEM/i, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMtiER
Planning Director
PC RESO NO. 4659 -3-
.-y,
EXHIBIT 3 The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION’@
Item No. 0 5
Application complete date: N/A
P.C. AGENDA OF: November 3,1999 Project Planner: Chris DeCerbo .
Project Engineer: N/A
SUBJECT: ZCA 96-04tAYLCPA 96-01(A) - HILLSIDE ORDINANCE AMENDMENT
SUGGESTED MODIFICATIONS - A request for approval of amendments to
the City’s Hillside Development Ordinance and Uses Generally regulations
(Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) to accept
modifications made by the California Coastal Commission.
I. RECOMMENDATION .
That the Planning Commission ADOPT Planning Commission Resolutions No. 4658 and 4659
RECOMMENDING APPROVAL of ZCA 96-04(A) and LCPA 96-01(A) based on the
findings contained therein.
II. INTRODUCTION
The California Coastal Commission made several minor modifications to the City’s amended
Hillside Development Ordinance (ZCA 96-04) in their action to approve the associated local
coastal program amendment (LCPA 96-01). The suggested modifications are clarifications of
coastal steep slope protection provisions which currently exist within the Municipal Code and are
consistent with the purpose, intent and other provisions of the Hillside Development Ordinance
and Uses Generally Chapter of the Carlsbad Municipal Code.
. III. PROJECT DESCRIPTION AND BACKGROUND
In February of 1998, the Carlsbad City Council approved a Zone Code Amendment (ZCA 96-04)
and a Local Coastal Program Amendment (LCPA 96-01) to revise the City’s Hillside
Development Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of the
Carlsbad Municipal Code) to:
1. Streamline the Hillside Development permit procedures;
2. Clarify and simplify the Ordinance to make it more y‘user friendly”; and
3. Add/revise development standards to address identified Ordinance issue areas.
The Local Coastal Program Amendment was subsequently submitted to the California Coastal
Commission. On June 10, 1999 the California Coastal Commission approved the Local Coastal
Program Amendment with suggested modifications. Accordingly, this zone code amendment
and local coastal program amendment is being processed to effectuate the acknowledgment and
-, -.
ZCA 96-04(A)/LCPA 96-01(A) - HILLSIDE ORDINANCE AMENDMENT SUGGESTED
MODIFICATIONS
November 3,1999
Paee 2
acceptance of the suggested modifications.
IV. ANALYSIS
Suggested modifications approved by the Coastal Commission which necessitate this zone code
amendment and local coastal program amendment address four items as discussed below. Since .
the existing Hillside Development Ordinance already requires consistency with all applicable
slope (and coastal resource) protection policies and provisions of the certified Local Coastal
Programs, it is concluded that all of the proposed modifications are consistent with the exiting
Hillside Development ordinance.
1. The existing Hillside Ordinance includes a general provision (Section 21.95.120(A))
which specifies that all development on natural slopes of 25% or greater within the
coastal zone shall comply with all applicable slope (and coastal resource) protection
policies and provisions of the certified Local Coastal Programs (which are included
within Chapters 21.38 and 21.203 of the Carlsbad Municipal Code). However, the
Hillside Ordinance also includes provisions (Sections 21.95.120(B) which allow for the
development of natural slopes with gradients of 25% or greater under certain
circumstances (i.e., if the hillside qualifies as an exclusion (Section 21.95.130) or the
project obtains a modification fi-om hillside development and design standards (Section
21.95.140)). The first suggested modification of the Coastal Commission adds a
provision which specifies that in the case of a conflict between those provisions of the
Hillside Development ordinance which would allow for the development of natural
slopes of 25% or greater, and the slope (and coastal resource) protection policies
and provisions of the certified Local Coastal Programs (LCP), the LCP policies and
provisions would apply.
2. The existing Hillside Development ordinance (Section. 21.95.030) excludes the
construction of Circulation Element roads and collector streets and any remedial grading
necessary to correct an unusual soil or geotechnical condition from complying with the
hillside development and design standards (including steep slope preservation standards).
The certified LCP policies allow for the development of steep slopes (25% or greater) to
accommodate Circulation Element roads, but do not exclude collector streets nor
remedial grading. Accordingly, the second suggested modification of the Coastal
Commission specifies that within the coastal zone, the construction of Circulation
Element roads is excluded from complying with the steep slope preservation
standards but that the other hillside development and design standards exclusions
for collector streets and remedial grading only apply to projects located outside of
the coastal zone.
3. Section 21.95.140 of the existing Hillside Development ordinance allows the decision-
making body to approve modifications to the hillside development and design standards
(including steep slope preservation standards) if the proposed project complies with the
purpose and intent provisions of the Hillside Development ordinance and either preserves
more open space or creates more aesthetically pleasing/naturally appearing slopes than
would a strict adherence to the standards of the ordinance. The certified LCP slope
preservation policies do not allow for the development of steep slopes (25% or greater) /3
ZCA 96-04(A)/LCPA 96-01 (A) - HILLSIDE ORDINANCE AMENDMENT SUGGESTED
MODIFICATIONS
November 3,1999
for either of the above-noted reasons. Therefore, the third suggested Coastal Commission
modification specifies that the hillside development and design standards
modification provisions of the Hillside Development ordinance only apply to
projects located outside of the coastal zone.
4. Section 21.53.230(d) of the Uses Generally Chapter of the Carlsbad Municipal Code
specifies that, “Residential development on slopes with an inclination of 25% to 40%
shall be designed to minimize the amount of grading necessary to accommodate a project.
For projects within the coastal zone, the grading provisions of the Carlsbad local coastal
program shall apply.” For the purpose of providing more specificity regarding the
Carlsbad LCP grading provisions, the fourth suggested modification of the Coastal
Commission incorporates within Section 21.53.230(d) a direct reference to Chapters
21.38 and 21.203 of the Carlsbad Municipal Code. The specific coastal steep slope
protection/grading provisions are contained within these Municipal Code sections.
V. ENVIRONMENTAL REVIEW
This proposed zone code amendment and local coastal program amendment to adopt California
Coastal Commission suggested modifications will not create any additional significant impacts
that were not previously analyzed adequately in the Negative Declaration (ZCA 96-04/LCPA 96-
01) for the City’s Hillside Ordinance Amendment. The Planning Director has therefore
determined that this project is in prior compliance with Negative Declaration ZCA 96-04/LCPA
96-01.
ATTACHMENTS:
1. Planning Commission Resolution No. 4658 (ZCA)
2. Planning Commission Resolution No. 4659 (LCPA)
3. Attachment “A” (Highlight (bold) version of amended ordinances).
CD:eh:mh
ATTACHMENT “A”
CASE NAME: COASTAL COMMISSION MODIFICATIONS TO CARLSBAD
HILLSIDE DEVELOPMENT AND USES GENERALLY CHAPTERS OF THE
CARLSBAD MUNICIPAL CODE
CASE NO.: ZCA 96-04(A)
SECTION 1: That Section 21.95.120Al of the Carlsbad Municipal Code
is amended to read as follows:’
“2 1.95.120Al Hillside develonment and design standards
All development on natural slopes of twenty-five percent or greater within
the coastal zone shall comply with the requirements of Chapters 2 1.38 and 2 1.203 of the
Carlsbad Municipal Code and the slope protection policies of the applicable local coastal
program segment. Additionally, all hillside development processed pursuant to this
chapter shall be consistent with all applicable provisions and policies of the certified local
coastal program(s) and shall not result in significant adverse impacts to coastal resources.
Within the coastal zone, in case of conflict between this section and any other
provision of Chapter 21.95 Hillside Development Regulations, this section shall
apply.”
SECTION 2: That Section 21.95.120B2 of the Carlsbad Municipal Code
is amended to read as follows:
“2 1.95.120B2 Hillside develonment and design standards
Outside the coastal zone, projects which propose the development of
natural slopes defined in Section 21.95.120(B)(l) shall nevertheless be allowed, only if
the project qualifies as an exclusion or obtains a modification, pursuant to Sections
21.95.130 and 21.95.140, respectively.”
SECTION 3: That Section 21.95.130A of the Carlsbad Municipal Code is ’
amended to read as follows:
“21.95.130A Exclusions
Oytside the coastal zone, the following are excluded from the Hillside Development and
Design Standards of Section 2 1.95.120:
1. Hillside areas where a Circulation Element roadway or a collector
street must be located provided that the proposed alignment(s) are environmentally
preferred and comply with all other City standards.
2. Grading volumes, slope heights and graded areas which are
directly associated with Circulation Element roadways or.collector streets, provided that
the proposed alignment(s) are environmentally preferred and comply with all other City
/5
standards.
3. Hillside areas that have unusual geotechnical or soil conditions that
necessitate corrective work that may require significant amounts of grading.”
SECTION 4: That Section 21.95.130B of the Carlsbad Municipal Code is
amended to read as follows:
“2 1.95.130B Exclusions
Within the coastal zone,’ grading for construction of Circulation
Element roadways are excluded from Sections 21.38.1410(1)(a) and
21.203.040(A)(l) of the Municipal Code.”
SECTION 5: That Section 21.95.140A of the Carlsbad Municipal Code is
amended to read as follows:
“2 1.95.140A Modifications to the develoDment and desire standards
Outside the coastal zone, the decision-making body or official may
approve a modification to the Hillside Development and Design Standards of Section
21.95.120 if it finds that the proposed development complies with the Purpose and Intent
provisions of Section 21.95.010 and makes one or more of the following findings:
1. The proposed modification will result in significantly more open
space or undisturbed area than would a strict adherence to the requirements of Section
21.95.120.
2. The proposed modification will result in the development of
manufactured slopes which are more aesthetically pleasing and natural appearing than
would a strict adherence to the requirements of Section 21.95.120.
c. SECTION 6: That Section 21.53.230(d) of the Carlsbad Municipal Code
is amended by the amendment of.to read as follows:
“21.53.230(d) Residential Densitv Calculations, Residential Develonment
Restrictions on Ouen Space and Environmentallv Sensitive Lands
(4 For the purposes of Titles 20 and 21 of this code,
residential density shall be determined based on the number of dwelling units per
developable acre of property.
(b) The following lands are considered to be undevelopable
and shall be excluded from density calculation
(1) Beaches;
(2) Permanent bodies of water;
(3) Floodways;
(4 Natural slopes with an inclination of greater than
forty percent except as permitted pursuant to Section 21.95.120B of this Code;
(5) Significant wetlands; ~
(6) Significant riparian or woodland habitats; ’
(7) Land subject to major power transmission
easements;
(8) Land upon which other significant environmental
features as determined by the environmental review process for a project are located;
(9) Railroad track beds.
(c) No residential development shall occur on any
property listed in subsection (b). Subject to the provisions of Chapters 2 1.33 and 2 1.110,
the city council may permit limited development of such property if, when considering
the property as a whole, the prohibition against development would constitute an
unconstitutional deprivation of property. The planning commission or city council,
whichever is the final decisionmaking body for a residential development may permit
accessory facilities, including, but not limited to, recreational facilities, view areas, and
vehicular parking areas, to be located in floodplains (subject to Chapter 21.110) and on
land subject to major power transmission easements.
(d) Residential development on slopes with an
inclination of twenty-five to forty percent, inclusive, shall be designed to minimize the
amount of grading necessary to accommodate the project. For projects within the coastal
zone, the grading provisions of the Carlsbad Local Coastal Program and Chapters 21.38
and 21.203 of the Municipal Code shall apply.”
l
PLANNING COMMISSION November 3,1999
EXHIBIT 4 DRAFT Page 4
5. ZCA 96-041A)ILCPA 96-OltA) - HILLSIDE ORDINANCE AMENDMENT SUGGESTED
MODIFICATIONS - A request for approval of amendments to the City’s Hillside
Development Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of
the Carlsbad Municipal Code) to accept modifications made by the California Coastal
Commission.
MOTION:
ACTION: Motion by Commissioner Compas, and duly seconded, that the Planning
Commission approve Items #3 and #5 as consent calendar items.
VOTE: 7-o
AYES: Heineman, Compas, L’Heureux, Segall, Trigas, Welshons, Nielsen
NOES: None
ABSTAIN: None
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk’s Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk
of the printer of
North County Times
formerly known as the Blade-Citizen and The
limes-Advocate and which newspapers have
been adjudged newspapers of general
circulation by the Superior Court of the County of
San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper
and not in any supplement thereof on the following dates, to-wit:
Dec. 3, 1999
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at San nlA?xo*
this 3rd
Dec. 1999 of
, California
day
Signature
Proof of Publication of
Public hearing
NORTH COUNTY TIMES
Legal Advertising
City of Carlsb.ad
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Wednesday, November 3, 1999, to consider a request for
approval of amendments to the City’s Hillside Development Ordinance and Uses
Generally regulations (Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) to
accept modifications made by the California Coastal Commission on property generally
located citywide, in the City of Carlsbad.
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the staff report will be available on and after October 28,
1999. If you have any questions, please call Chris DeCerbo in the Planning
Department at (760) 438-l 161, extension 4445.
If you challenge the amendments to the City’s Hillside Development Ordinance in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of
Carlsbad at or prior to the public hearing.
CASE FILE: ZCA 96-04(A)/LCPA 96-01 (A)
CASE NAME: HILLSIDE ORDINANCE AMENDMENT SUGGESTED
MODIFICATIONS
PUBLISH: OCTOBER 21,1999
CITY OF CARLSBAD
PLANNING DEPARTMENT
2075 Las Palmas Dr. l Carlsbad, CA 92009-1576 l (760) 438-l 161 - FAX (760) 438-0894 @
NOTICE OF PUBLIC HEARING
ZCA 96-04tAVLCPA 96-01(A) - HILLSIDE ORDINANCE AMENDMENT
SUGGESTED MODIFICATIONS
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00
p.m., on Tuesday December 14, 1999, to consider a request for approval of amendments to the
City’s Hillside Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of the
Carlsbad Municipal Code) to accept modifications made by the California Coastal Commission
on property generally located citywide, in the City of Carlsbad.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on or after December 10, 1999, in the Office
of the Carlsbad City Clerk. If you have any questions regarding this matter, please contact Chris
DeCerbo in the Planning Department at (760) 438-l 161, extension 4445.
If you challenge the amendments to the City’s Hillside Development Ordinance in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City of Carlsbad at, or prior
to, the public hearing.
PUBLISH: December 3,1999
CITY OF CARLSBAD
CITY COUNCIL
(Form A)
TO: CI1.Y CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PU8LIC HEARING REQUEST
Attached are the materials necessary for you to notide
ZCA g6-04(A)/LcpA g&01(A) - Hillside Ordinance Amendment - Coastal Commission
for a public hearing before the City Council. Suggested Modifications-
Please notice the ften for the COUnCii meeting of First Available Hearing
. in December
Thank you.
November 10, 1999
Date