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Home My WebLink About2000-01-04; City Council; 15559; Hillside Ordinance Amendment ModificationsC17- OF CARLSBAD - AGENI-: BILL / AB # lqS’i59 TITLE: HILLSIDE ORDINANCE AMENDMENT DEPT. HD. -6% MTG. l/4/2000 SUGGESTED MODIFICATIONS CITY ATTY - DEPT. CLK ZCA 96-04/(A)/LCPA 96-01(A) CITY MGR. - RECOMMENDED ACTION: Adopt Ordinance No. NS-524, amending Sections 2 1.95.12O(A)( l), 2 1.95.120(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, to incorporate the California Coastal Commission suggested modifications. ITEM EXPLANATION Ordinance No. NS-524 was introduced and first read at the City Council meeting held on December 14, 1999. The second reading allows the City Council to adopt the ordinance which would then become effective in thirty days. (Notwithstanding the preceding, this ordinance effectuates a Local Coastal Program Amendment, and shall not be eflective in the Coastal Zone until it is approved by the Coastal Commission.) The Ordinance shall be published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 15,539 on file with the City Clerk. EXHIBITS 1. Ordinance No. NS-524. 2. Coastal Commission suggested modifications, 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. m-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 2 1.95.140(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 21.95.120Al 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 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 21.95.120B2 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: “2 1.95.130A Exclusions Outside the coastal zone, the following are excluded from 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. .I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 21.95.140A of the Carlsbad Municipal Code is amended to read as follows: “21.95.140A Modifications to the development 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: “21.53.230(d) Residential Density Calculations, Residential Development Restrictions on Open Snace 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 o permitted pursuant to Section 21.95.120B of this Code; (5) Significant wetlands; f greater than forty percent except as (6) (7) (8) Significant riparian or woodland habitats; Land subject to major power transmission easements; Land upon which other significant environmental features as determined -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 ~ by the environmental review process for a project are located; (9) Railroad track beds. (4 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 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 2 1.203 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 December held on the 14th day of / , 1999, and thereafter l/II llll /Ill Ill/ /Ill llfl /Ill /Ill /Ill -3- b 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PASSED AND ADOPTED at a regular meeting of said City Council held on the 4th dayof JANUARY , 2000, by the following vote, to wit: AYES:Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: NoNE ABSENT: NONE ATTEST: (SEAJ-4 Z, City Clerk nt City Clerk 26 27 28 -4- CASE NAME: COASTAL COMMISSION MODIFICATIONS TO CARLSBAD HILLSIDE DEVELOPMENT AND USES GENERALLY CHAPTERS OF THE CARLS~AD 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 develoDment and desien 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: “21.95.12OB2 Hillside develooment and deskn 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 21.95.13OA of the Carlsbid Municipal Code is amended to read as follows: “2 1.95.130A Exclusions Oqtside the coastal zone, the following are excluded from the Hillside Deirelopment 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 2omply 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 L 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 2 1.95.13OB of the Carlsbad Municipal Code is amended to read as follows: “2 1.95.130B Exclusion5 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 21.95.14OA of the CarIsbad Municipal Code is amended to read as follows: 1’21.95.140A Outside the coastal zone, the decision-making body or official may approve a modification to the Hillside Development and Design Standards of Section 2 1.95.120 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. ?he 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 by the amendment ofto read as follows; “2 1.53.230(d) Residential Densitv Calculations. Risidential Develoument Restrictions on Ouen Snace and Environmentallv Sensitive Lands GO 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. 0) The following lands are aconsidered to be undevelopable and shall be excluded from density calculation (1) Beaches; ..r ,, (2) Permanerit bodies of water; (3) Floodways; (4) Natural slopes with an inclination of greater th& forty percent except as permitted pursuant to Section 2 1.95.12OB 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; 69 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.” ’ ;