HomeMy WebLinkAbout2006-05-16; City Council; 18568; NPDES Stormwater Update California Coastal CommI
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CITY OF CARLSBAD - AGENDA BILL
AB# 18.568
MTG. 5/16/06
DEPT. PLN
TITLE:
NPDES STORMWATER UPDATE CALIFORNIA COASTAL
COMMISSION SUGGESTED MODIFICATIONS
ZCA 01-08(A)/LCPA 01-15(A)
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. NS-801 APPROVING Zone Code
Amendment ZCA 01 -08(A) and ADOPT Resolution No. 2006-130 APPROVING Local
Coastal Program Amendment LCPA 01-15(A)) to ACCEPT and ADMINISTER the California Coastal
Commission's suggested modifications.
ITEM EXPLANATION:
The purpose of this agenda bill is to request City Council approval of suggested modifications to the
Local Coastal Program Amendment (LCPA 01-15), previously approved by the City Council, as
required by the California Coastal Commission as part of its approval of the LCPA.
On February 21, 2001, the San Diego Regional Water Quality Control Board (RWQCB) adopted
National Pollutant Discharge Elimination System (NPDES) Permit (Order No. 2001-01). This
Regional Storm Water Permit applies to all 18 San Diego cities (including Carlsbad), the County of
San Diego, and the Port District, and mandates improved water quality within the San Diego area
through the implementation of new/revised storm water protection policies, procedures, standards
and ordinances to reduce discharges of pollutants and runoff flow resulting from existing and new
development. Compliance with this Regional Permit required amendments to Carlsbad's Zoning
Ordinance and Local Coastal Program.o00ICO On February 19, 2002, the City Council approved a Zone Code Amendment (ZCA 01-08) and Local
Coastal Program Amendment (LCPA 01-15) to comply with the above-noted NPDES Permit. Since
the Zoning Ordinance serves as the implementing ordinance in the City's Coastal Zone, approval of
a Local Coastal Program Amendment is not final until approved by the California Coastal
Commission.
Coastal Commission Modifications
At its February 9, 2006 hearing, the Coastal Commission approved the City's Local Coastal Program
Amendment, LCPA 01-15, subject to modifications that generally: (1) add existing Carlsbad General
Plan storm water protection policies into the City's Local Coastal Plans and (2) incorporate specific
water quality standards into the Coastal Zone chapters of the City's Zoning Ordinance. Carlsbad is
one of the first coastal cities in San Diego County to have their Clean Water regulations approved by
the California Coastal Commission. The storm water regulations will require that all new
development within the City include mitigation measures to reduce the flow rate and velocity of storm
water runoff and the associated urban pollutants, soil erosion and sedimentation. As a part of this
LCPA, the Coastal Commission agreed to delete the City's existing prohibition on winter grading
activities in the Coastal Zone. Staff is recommending approval of the suggested modifications
proposed by the Coastal Commission.
In order for the amendment to become effective, the City must accept the modifications, the
acceptance must be reported to the Coastal Commission and then the City must incorporate them
into the appropriate segments of the Local Coastal Program, as well as other applicable City
implementing plans and ordinances. The suggested modifications take the form of a Zone Code
Amendment (ZCA 01-08(A)) and a Local Coastal Program Amendment (LCPA 01-15(A)). The
Coastal Commission's suggested modifications are attached in a highlight/strikeout format as
Attachments "A" and "B" to the City Council Ordinance and Resolution respectively.
I
PAGE 2
ENVIRONMENTAL:
The Planning Director filed a Notice of Exemption for the original project because it is a regulatory
action instituting policies, standards, requirements and procedures for the protection of the
environment (Section 15308 of CEQA). This Exemption remains adequate to address the Coastal
Commission suggested modifications, as they would not result in any new, potentially significant
environmental effects.
FISCAL IMPACT:
The fiscal impact of this action is limited to the City's processing costs of the Coastal Commission's
suggested modifications which are nominal and do not create budget issues. Fiscal impacts
associated with implementing the revised ordinances and Coastal Zone storm water protection
policies have already been considered with the City Council approval of February, 2002; those
impacts are not increased nor modified by adoption of the Coastal Commission's suggested
modifications.
EXHIBITS:
1. City Council Ordinance No. NS-801 (Suggested Modifications to ZCA)
2. City Council Resolution No. 2006-130 (Suggested Modifications to LCPA)
DEPARTMENT CONTACT: Chris DeCerbo (760) 602-4611, cdece@ci.carlsbad.ca.us
1 ORDINANCE NO. NS-801
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF
3 CHAPTERS 21.203 AND 21.205 OF TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW STORM-
4 WATER PROTECTION REQUIREMENTS OF THE SAN DIEGO
REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO
5 MUNICIPAL STORMWATER ORDER NO. 2001-01
INCORPORATING THE CALIFORNIA COASTAL
6 COMMISSION'S SUGGESTED MODIFICATIONS.
CASE NAME: NPDES STORMWATER UPDATE
7 • CASE NO.: ZCA01-08(A)
8 The City Council of the City of Carlsbad, California, does ordain as follows:
9 WHEREAS, the Planning Commission on January 2, 2002, held a duly noticed
10 public hearing as prescribed by law to consider Zone Code Amendment ZCA 01-08 and Local
11 Coastal Program Amendment LCPA 01-15 and adopted Planning Commission Resolution Nos.
12 5130 and 5131 recommending to the City Council that they be approved; and
13 WHEREAS, the City Council on February 19, 2002, held a duly noticed public
14 hearing as prescribed by law to consider said ZCA and LCPA and adopted City Council
!5 Resolution No.2002-061 and Ordinance NS-622 to approve the amendments; and
16 WHEREAS, the California Coastal Commission on February 9, 2006, held a duly
17 noticed public hearing as prescribed by law to consider an amendment to the Local Coastal
10 Program and acted to certify the amendment with suggested modifications. A strikeout/highlight
1Q
version is attached as Attachment "A".
20 The City Council of the City of Carlsbad, California does hereby resolve as
21 follows:
22 SECTION 1: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
23 amended by the amendment of Section 21.203.040(B)(3) to read as follows:
24 3. Areas West of I-5. For areas west of the existing Paseo del Norte, west of Interstate 5 and
25 along El Camino Real immediately upstream of the existing storm drains, the following policy
shall apply:
26 a- All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
27 the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, and as amended, and the Master
28 Drainage Plan dated 1994, as those documents are certified as part of the City's LCP; (2) the
City's Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
3
1 Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP, and (3) the additional requirements contained herein. Such mitigation shall become
2 an element of the project, and shall be installed prior to the initial grading.
b. In addition, the following standards shall apply:
3 i. Priority projects identified in the SUSMP will incorporate structural Best
Management Practices (BMP's) and submit a Water Quality Technical Report as
4 specified in the National Pollutant Discharge Elimination System (NPDES) permit and in
the SUSMP.
ii. Structural BMP's used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA) Stormwater
Best Management Practice Handbook, dated January 2003, or the current version of
7 that publication, and designed to infiltrate, filter or treat the runoff produced from each
storm event up to and including the 85th percentile 24-hour storm event.
8 iii. Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area, that are in,
9 adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the
City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April
10 2003, using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
11 iv. The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMP's for the life of the project.
12 v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
13 vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas
(including steep slopes, unstable areas and erosive soils), to minimize impacts on water
quality of excessive erosion and sedimentation. Development shall incorporate soil
stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200-feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" as
defined in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including single
19 family residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
20 standard, if they are in, within 200-feet of, or discharging directly to an ESA, including
the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer
21 showing that as the project is designed they are mitigating polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
22 ix. Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate dry weather
23 flow, if they are within 200-feet of an ESA, coastal bluffs or rocky intertidal areas.
c. Mitigation shall require construction of all improvements shown in the master
24 drainage plan and any amendments to them for the area between the project site and the
lagoon (including the debris basin), as well as revegetation of graded areas immediately after
25 grading; and a mechanism for permanent maintenance if the city declines to accept the
responsibility. Construction of drainage improvements may be through formation of an
assessment district, or through any similar arrangement that allocates costs among the various
landowners in an equitable manner.27
28
SECTION 2: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.203.040(6)(4) to read as follows:
4. All Other Areas in the Coastal Zone.
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the City's Grading Ordinance, Stormwater Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, and the Master
Drainage Plan dated 1994, as those documents are certified as part of the City's LCP; (2) the
City's Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP and (3) the additional requirements contained herein. Such mitigation shall become an
element of the project and shall be installed prior to the initial grading.
b. In addition, the following standards shall apply:
i. Priority projects identified in the SUSMP will incorporate structural Best
Management Practices (BMP's) and submit a Water Quality Technical Report as
specified in the National Pollutant Discharge Elimination System (NPDES) permit and in
the SUSMP.
11 ii. Structural BMP's used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA) Stormwater
12 Best Management Practice Handbook, dated January 2003, or the current version of
that publication, and designed to infiltrate, filter or treat the runoff produced from each
13 storm event up to and including the 85th percentile 24-hour storm event.
Priority projects will include projects increasing impervious area by more
14 than 2,500 square feet or by more than 10% of existing impervious area, that are in,
adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the
15 City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April
2003, using the definitions of "adjacent to" and "draining directly to" that are found in the
16 SUSMP.
iv. The City shall include requirements in all coastal development permit
17 approvals to inspect and maintain required BMP's for the life of the project.
v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
19 vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas
20 (including steep slopes, unstable areas and erosive soils), to minimize impacts on water
quality of excessive erosion and sedimentation. Development shall incorporate soil
21 stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200-feet of the Pacific Ocean shall be dealt with as
22 "Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" as
defined in Appendix I of the SUSMP, including being treated as a priority project if they
23 create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
24 viii. Although residential developments of less than 10 units, including single
family residences, are generally exempt from the SUSMP priority project requirements,
25 they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200-feet of, or discharging directly to an ESA, including
26 the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer
showing that as the project is designed they are mitigating polluted runoff, including dry
27 weather nuisance flows, to the maximum extent practicable.
28 -3-
1 ix. Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate dry weather
2 flow, if they are within 200-feet of an ESA, coastal bluffs or rocky intertidal areas.
c. Mitigation shall also require construction of all improvements shown in the master
3 drainage plan and amendments to it. No subsequent amendments are a part of this zone unless
certified by the Coastal Commission. The general provisions, procedures, standards, content of
4 plans and implementation contained with them are required conditions of development in
addition to the provisions below. Approved development shall include the following conditions,
5 in addition to the requirements specified above:
i. All offsite, downstream improvements (including debris basin and any
other improvements recommended in the drainage plan) shall be constructed prior to the
7 issuance of a grading permit onsite. Improvements shall be inspected by city or county
staff and certified as adequate and in compliance with the requirements of the drainage
„ plan and the additional requirements of this zone. If the city or county declines to accept
maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the onsite improvements.
ii. If the offsite or onsite improvements are not to be accepted and
1Q maintained by a public agency, detailed maintenance agreements including provisions
for financing the maintenance through bonding or other acceptable means shall be
secured prior to issuance of the permit. Maintenance shall be addressed in the report
required to be submitted with the permit application. The report shall discuss
12 maintenance costs and such costs shall be certified as a best effort at obtaining accurate
figures.
13 iii. Construction of offsite grading improvements may use an assessment
district or any other acceptable manner of financing. Such mechanisms shall be secured
14 by bonding or other acceptable means prior to issuance of a coastal development
permit.
15 iv. If a public agency agrees to accept maintenance responsibilities, it shall
inspect the facilities prior to onsite construction or grading and indicate if such facilities
16 assure continued maintenance. No onsite development may take place prior to
acceptance of the drainage improvements.
*' VT All areas disturbed by grading shall be planted within sixty days of initial
disturbance and prior to October 1st with temporary or permanent (in the case of
finished slopes) erosion control methods.
vi. Storm drainage facilities in developed areas shall be improved and
enlarged according to the Carlsbad master drainage plan, incorporating the changes
20 specified in this Section. Improvement districts shall be formed for presently
undeveloped areas which are expected to urbanize in the future. The improvement
districts shall implement the master drainage plan. Upstream areas in the coastal zone
shall not be permitted to develop incrementally prior to installation of the storm drain
22 facilities downstream, in order to assure protection of coastal resources. New drainage
facilities, required within the improvement districts shall be financed either by some form
23 of bond or from fees collected from developers on a cost-per-acre basis.
vii. When earth changes are required and natural vegetation is removed, the
24 area and duration of exposure shall be kept at a minimum.
viii. Soil erosion control practices shall be used against "onsite" soil erosion.
25 These include keeping soil covered with temporary or permanent vegetation or with
mulch materials, special grading procedures, diversion structures to divert surface runoff
26 from exposed soils, and grade stabilization structures to control surface water.
ix. Apply "sediment control" practices as a perimeter protection to prevent
27 offsite drainage. Preventing sediment from leaving the site should be accomplished by
28
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1 such methods as diversion ditches, sediment traps, vegetative filters, and sediment
basins. Preventing erosion is, of course, the most efficient way to control sediment
2 runoff.
d. In addition the following shall apply to development within Kelly Ranch:
3 New development and significant redevelopment of private and publicly-owned properties, must
incorporate design elements and/or best management practices (BMPs) which will effectively
4 prevent runoff contamination, and minimize runoff volume from the site in the developed
condition, to the greatest extent feasible. At a minimum, the following specific requirements
5 shall be applied to development of type and/or intensity listed below:
Residential Development. Development plans for, or which include, residential housing
6 development with greater than ten housing units shall include a drainage and pollution runoff
control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of
7 runoff produced from each and every storm event up to and including the eighty-fifth percentile
twenty-four hour runoff event, prior to conveying runoff in excess of this standard to the
8 stormwater conveyance system. The plan shall be reviewed and approved by the consulting
soils engineer or engineering geologist to ensure the plan is in conformance with their
9 recommendations. The plan shall be designed in consideration of the following criteria, and
approved prior to issuance of a coastal development permit:
10 i. Maximize the percentage of permeable surfaces and green space to
allow more percolation of runoff into the ground and/or design site with the capacity to
11 convey or store peak runoff from a storm and release it at a slow rate so as to minimize
the peak discharge into storm drains or receiving water bodies;
ii. Use porous materials for or near walkways and driveways where feasible;
iii. Incorporate design elements which will serve to reduce directly connected
impervious area where feasible. Options include the use of alternative design features
such as concrete grid driveways, and/or pavers for walkways.
iv. Runoff from driveways, streets and other impervious surfaces shall be
collected and directed through a system of vegetated and/or gravel filter strips or other
15 media devices, where feasible. Selected filter elements shall be designed to (1) trap
sediment, particulates and other solids and (2) remove or mitigate contaminates through
16 infiltration and/or biological uptake. The drainage system shall also be designed to
convey and discharge runoff from the building site in a non-erosive manner.
17 v. Selected BMPs shall be engineered and constructed in accordance with
the design specifications and guidance contained in the California Stormwater Best
Management Practices Handbook (Municipal).
vi. The plan must include provisions for regular inspection and maintenance
of structural BMPs, for the life of the project.
Parking Lots. Development plans for, or which include parking lots greater than five thousand
square feet in size and/or with twenty-five or more parking spaces, susceptible to stormwater,
shall incorporate BMPs effective at removing or mitigating potential pollutants of concern such
as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the
22 developed site, prior to such runoff entering the stormwater conveyance system, or any
receiving water body. Options to meet this requirement include the use of vegetative filter strips
or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a
combination of these. Selected BMPs shall be designed to collectively infiltrate, filter or treat the
volume of runoff produced by each and every storm event up to and including the eighty-fifth
percentile twenty-four-hour runoff event. BMPs shall be engineered and constructed in
accordance with the guidance and specifications provided in the California Stormwater Best
Management Handbooks (Commercial and Industrial).
All Development. A public education program shall be designed to raise the level of awareness
of water quality issues around the lagoon including such elements as catch basin stenciling and
27 public awareness signs.
28
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1 A landscape management plan shall be created that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water quality/urban runoff
2 control plan and monitoring program to ensure the discharge from all proposed outlets is
consistent with local and regional standards. Such measures shall be required as a condition of
3 coastal development permit approval at the subdivision stage.
C. Landslides and Slope Instability. Developments within five hundred feet of areas
4 identified generally in the PRC Toups report, Figure 8, as containing soils of the La Jolla group
(susceptible to accelerated erosion) or landslide prone areas shall be required to submit
5 additional geologic reports containing the additional information required in the coastal shoreline
development overlay zone.
6 D. Seismic Hazards. Development in liquefaction-prone areas shall include site-specific
investigations done addressing the liquefaction problem and suggesting mitigation measures.
7 New residential development in excess of four units, commercial, industrial, and public facilities
shall have site-specific geologic investigations completed in known potential liquefaction areas.
8 E. Floodplain Development. Within the coastal zone, in the one hundred-year
floodplain, no new or expanded permanent structures or fill shall be permitted. Only uses
9 compatible with periodic flooding shall be allowed.
F. Reserved.
10 G. Within the Kelly Ranch, scenic public views from Interstate 5, Cannon Road and
Agua Hedionda Lagoon shall be preserved, as feasible, through the following measures:
1. Landscaping and Setbacks. Use of trees or fire-retardant vegetation with
substantial height as a landscape screen and/or setbacks from the ridgelines and open space
12 areas;
2. Building Colors. Exterior wall and roof colors shall be of low-intensity earth or
13 vegetative tones. Stucco with accent materials such as tile, natural stone, or other compatible
natural building materials shall be preferred. Roof colors shall be low-intensity colors which
blend with the environmental setting of the project;
3. Residential Building Height. Maximum height limits and variation in roof
heights shall be utilized, as necessary, to minimize visibility of structures from scenic public
roadways, public vista points and public trails.
H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be
compatible with the surrounding native vegetation and preserved open space by incorporation
*' of the following measures:
1. All residential development shall be required to identify and implement a
landscaping plan that provides for installation of plant species that are native or noninvasive and
drought tolerant to the maximum extent feasible. Ornamental (noninvasive) vegetation shall be
permitted in the interior of residential subdivisions only;
2ft 2. Approved landscaping shall be installed immediately upon completion of
construction and maintained by the property owners in good growing condition for the life of the
development;
3. Landscape screening of structures, including specimen trees and fire-
22 retardant vegetation of substantial height, shall be required to screen and soften the view of
structures from I-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points;
4. The landscape treatment shall cause the development to blend in with the
natural setting and present a visually cohesive appearance as viewed from Agua Hedionda
24 Lagoon, Cannon Road and Interstate 5.
25 SECTION 3: That Title 21, Chapter 21.205 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.205.060 to read as follows:
27 21.205.060 Erosion sedimentation, drainage.
28 -6-
1 a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
2 the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, and the Master
3 Drainage Plan dated 1994, as those documents are certified as part of the City's LCP; (2) the
City's Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
4 Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP, and (3) the additional requirements contained herein. Such mitigation shall become
5 an element of the project and shall be installed prior to the initial grading.
b. In addition, the following standards shall apply:
6 i. Priority projects identified in the SUSMP will incorporate structural Best
Management Practices (BMP's) and submit a Water Quality Technical Report as
specified in the National Pollutant Discharge Elimination System (NPDES) permit and in
the SUSMP.
ii. Structural BMP's used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA) Stormwater
Best Management Practice Handbook, dated January 2003 or the current version of that
publication, and designed to infiltrate, filter or treat the runoff produced from each storm
event up to and including the 85th percentile 24-hour storm event.
11 iii. Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area, that are in,
12 adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the
City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April
13 2003, using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
14 iv. The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMP's for the life of the project.
15 v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas17 (including steep slopes, unstable areas and erosive soils), to minimize impacts on water
quality of excessive erosion and sedimentation. Development shall incorporate soil
stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200-feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" as
2Q defined in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including single
22 family residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
23 standard, if they are in, within 200-feet of, or discharging directly to an ESA, including
the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer
24 showing that as the project is designed they are mitigating polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
25 ix. Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate dry weather
26 flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
c. Mitigation shall also require construction of all improvements shown in the master
27 drainage plan and amendments to it. No subsequent amendments are a part of this zone
28
1 unless certified by the Coastal Commission. The general provisions, procedures, standards,
content of plans and implementation contained in them are required conditions of development
2 in addition to the provisions below. Approved development shall include the following
conditions, in addition to the requirements specified above:
3 i. All offsite, downstream improvements (including debris basin and any
other improvements recommended in the drainage plan) shall be constructed prior to the
4 issuance of a grading permit onsite. Improvements shall be inspected by city staff and
certified as adequate and in compliance with the requirements of the drainage plan and
the additional requirements of this zone. If the city declines to accept maintenance
responsibility for the improvements, the developer shall maintain the improvements
6 during construction of the onsite improvements.
. If the offsite or onsite improvements are not to be accepted and
maintained by a public agency, detailed maintenance agreements including provisions
„ for financing the maintenance through bonding or other acceptable means shall be
secured prior to issuance of the permit. Maintenance shall be addressed in the report
required to be submitted with the permit application. The report shall discuss
maintenance costs and such costs shall be certified as a best effort at obtaining accurate
figures.
iii. Construction of offsite drainage improvements may use an assessment
district or any other acceptable manner. Such mechanisms shall be secured by bonding
or other acceptable means prior to issuance of a coastal development permit.
12 iv. If a public agency agrees to accept maintenance responsibilities, it shall
inspect the facilities prior to onsite construction or grading and indicate if such facilities
13 assure continued maintenance. No onsite development may take place prior to
acceptance of the drainage improvements.
14 v. All areas disturbed by grading shall be planted within sixty days of the
initial disturbance and prior to October 1st with temporary or permanent (in the case of
15 finished slopes) erosion control methods. The use of temporary erosion control
measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins
16 and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the
construction site. Said planting shall be accomplished under the supervision of a
17 licensed landscape architect, and shall consist of seeding, mulching, fertilization and
irrigation adequate to provide ninety percent coverage within ninety days. Planting shall
be repeated if the required level of coverage is not established. This requirement shall
apply to all disturbed soils including stockpiles. This requirement shall be a condition of
the permit.
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1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
3 published at least once in a publication of general circulation in the City of Carlsbad within
4 fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
5 effective within the City's Coastal Zone until approved by the California Coastal Commission.)
6 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
7 Council on the 16th __ day of May , 2006, and thereafter.
8 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
9 Carlsbad on the day of , 2006, by the following vote, to
10 wit:
11 AYES:
12 NOES:
13 ABSENT:
14 ABSTAIN:
15
16 APPROVED AS TO FORM AND LEGALITY
17
18 RONALD R. BALL, City Attorney
19
20
24
21 CLAUDE A. LEWIS, Mayor
22^ ATTEST:
23
LORRAINE M. WOOD, City Clerk
25"
26 <SEAL>
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Attachment "A"
ZCA01-08(A)
COASTAL COMMISSION SUGGESTED MODIFICATIONS
(bolded sections represent language to be added, strikeout sections represent language to be deleted)
SECTION 1: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.203.040(B)(3) to read as follows:
3. Areas West of I-5. For areas west of the existing Paseo del Norte, west of Interstate 5 and
along El Camino Real immediately upstream of the existing storm drains, the following policy
shall apply:
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, Jurisdictional
Urban Runoff Management Program (JURMP), and the Master Drainage Plan dated 1994, as
those documents are certified as part of the City's LCP; (2) the City's Jurisdictional
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not inconsistent with any policies of the LCP
and (3) the additional requirements contained herein, any amendments to thorn. Such
mitigation shall become an element of the project, and shall be installed prior to the initial
grading.
b. In addition, the following standards shall apply:
i. Priority projects identified in the SUSMP will incorporate structural
Best Management Practices (BMP's) and submit a Water Quality Technical Report
as specified in the National Pollutant Discharge Elimination System (NPDES)
permit and in the SUSMP.
ii. Structural BMP's used to meet SUSMP requirements for priority
projects shall be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice Handbook, dated January 2003, or the
current version of that publication, and designed to infiltrate, filter or treat the
runoff produced from each storm event up to and including the 85th percentile 24-
hour storm event.
iii. Priority projects will include projects increasing impervious area by
more than 2,500 square feet or by more than 10% of existing impervious area, that
are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA),
identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan
(SUSMP) dated April 2003, using the definitions of "adjacent to" and "draining
directly to" that are found in the SUSMP.
iv. The City shall include requirements in all coastal development
permit approvals to inspect and maintain required BMP's for the life of the project.
v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas
(including steep slopes, unstable areas and erosive soils), to minimize impacts on
water quality of excessive erosion and sedimentation. Development shall
incorporate soil stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200-feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive
Areas" as defined in Appendix I of the SUSMP, including being treated as a
priority project if they create more than 2,500 square feet of impermeable surface
or increase the impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including
single family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement of the
numerical sizing standard, if they are in, within 200 feet of, or discharging directly
to an ESA, including the Pacific Ocean; or shall provide a written report signed by
a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum
extent practicable.
ix. Detached residential homes shall be required to use efficient
irrigation systems and landscape designs or other methods to minimize or
eliminate dry weather flow, if they are within 200-feet of an ESA, coastal bluffs or
rocky intertidal areas.
c. Mitigation shall require construction of all improvements shown in the master
drainage plan and any amendments to them for the area between the project site and the
lagoon (including the debris basin), as well as revegetation of graded areas immediately after
grading; and a mechanism for permanent maintenance if the city declines to accept the
responsibility. Construction of drainage improvements may be through formation of an
assessment district, or through any similar arrangement that allocates costs among the various
landowners in an equitable manner.
SECTION 2: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.203.040(B)(4) to read as follows:
4. All Other Areas in the Coastal Zone.
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the City's Grading Ordinance, Stormwater Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, Jurisdictional
Urban Runoff Management Program (JURMP), and the Master Drainage Plan dated 1994, as
those documents are certified as part of the City's LCP; (2) the City's Jurisdictional
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not inconsistent with any policies of the LCP
and (3) the additional requirements contained herein, and amendments to thorn and the
additional requirements enumerated in this Code Soction.
b. In addition, the following standards shall apply:
i. Priority projects identified in the SUSMP will incorporate structural
Best Management Practices (BMP's) and submit a Water Quality Technical Report
as specified in the National Pollutant Discharge Elimination System (NPDES)
permit and in the SUSMP.
ii. Structural BMP's used to meet SUSMP requirements for priority
projects shall be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice Handbook, dated January 2003 or the
current version of that publication, and designed to infiltrate, filter or treat the
runoff produced from each storm event up to and including the 85th percentile 24-
hour storm event.
iii. Priority projects will include projects increasing impervious area by
more than 2,500 square feet or by more than 10% of existing impervious area, that
are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA),
identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan
13
(SUSMP) dated April 2003, using the definitions of "adjacent to" and "draining
directly to" that are found in the SUSMP.
iv. The City shall include requirements in all coastal development
permit approvals to inspect and maintain required BMP's for the life of the project.
v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas
(including steep slopes, unstable areas and erosive soils), to minimize impacts on
water quality of excessive erosion and sedimentation. Development shall
incorporate soil stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200 feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive
Areas" as defined in Appendix I of the SUSMP, including being treated as a
priority project if they create more than 2,500 square feet of impermeable surface
or increase the impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including
single family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement of the
numerical sizing standard, if they are in, within 200 feet of, or discharging directly
to an ESA, including the Pacific Ocean; or shall provide a written report signed by
a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum
extent practicable.
ix. Detached residential homes shall be required to use efficient
irrigation systems and landscape designs or other methods to minimize or
eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or
rocky intertidal areas.
c. Mitigation shall also require construction of all improvements shown in the master
drainage plan and amendments to it. No subsequent amendments are a part of this zone unless
certified by the Coastal Commission. The general provisions, procedures, standards, content of
plans and implementation contained with them are required conditions of development in
addition to the provisions below. Approved development shall include the following conditions,
in addition to the requirements specified above:
ai. All offsite, downstream improvements (including debris basin and any
other improvements recommended in the drainage plan) shall be constructed prior to the
issuance of a grading permit onsite. Improvements shall be inspected by city or county
staff and certified as adequate and in compliance with the requirements of the drainage
plan and the additional requirements of this zone. If the city or county declines to accept
maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the onsite improvements.
bii. If the offsite or onsite improvements are not to be accepted and
maintained by a public agency, detailed maintenance agreements including provisions
for financing the maintenance through bonding or other acceptable means shall be
secured prior to issuance of the permit. Maintenance shall be addressed in the report
required to be submitted with the permit application. The report shall discuss
maintenance costs and such costs shall be certified as a best effort at obtaining accurate
figures.
eiii Construction of offsite grading improvements may use an assessment
district or any other acceptable manner of financing. Such mechanisms shall be secured
by bonding or other acceptable means prior to issuance of a coastal development
permit.
div If a public agency agrees to accept maintenance responsibilities, it shall
inspect the facilities prior to onsite construction or grading and indicate if such facilities
assure continued maintenance. No onsite development may take place prior to
acceptance of the drainage improvements.
ev All areas disturbed by grading shall be planted within sixty days of initial
disturbance and prior to October 1st with temporary or permanent (in the case of
finished slopes) erosion control methods.
fvi Storm drainage facilities in developed areas shall be improved and
enlarged according to the Carlsbad master drainage plan, incorporating the changes
specified in this Section. Improvement districts shall be formed for presently
undeveloped areas which are expected to urbanize in the future. The improvement
districts shall implement the master drainage plan. Upstream areas in the coastal zone
shall not be permitted to develop incrementally prior to installation of the storm drain
facilities downstream, in order to assure protection of coastal resources. New drainage
facilities, required within the improvement districts shall be financed either by some form
of bond or from fees collected from developers on a cost-per-acre basis.
§vii When earth changes are required and natural vegetation is removed, the
area and duration of exposure shall be kept at a minimum.
bviii Soil erosion control practices shall be used against "onsite" soil erosion.
These include keeping soil covered with temporary or permanent vegetation or with
mulch materials, special grading procedures, diversion structures to divert surface runoff
from exposed soils, and grade stabilization structures to control surface water.
Jix Apply "sediment control" practices as a perimeter protection to prevent
offsite drainage. Preventing sediment from leaving the site should be accomplished by
such methods as diversion ditches, sediment traps, vegetative filters, and sediment
basins. Preventing erosion is, of course, the most efficient way to control sediment
runoff.
d. In addition the following shall apply to development within Kelly Ranch:
New development and significant redevelopment of private and publicly-owned properties, must
incorporate design elements and/or best management practices (BMPs) which will effectively
prevent runoff contamination, and minimize runoff volume from the site in the developed
condition, to the greatest extent feasible. At a minimum, the following specific requirements
shall be applied to development of type and/or intensity listed below:
Residential Development. Development plans for, or which include, residential housing
development with greater than ten housing units shall include a drainage and pollution runoff
control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of
runoff produced from each and every storm event up to and including the eighty-fifth percentile
twenty-four hour runoff event, prior to conveying runoff in excess of this standard to the
stormwater conveyance system. The plan shall be reviewed and approved by the consulting
soils engineer or engineering geologist to ensure the plan is in conformance with their
recommendations. The plan shall be designed in consideration of the following criteria, and
approved prior to issuance of a coastal development permit:
i. Maximize the percentage of permeable surfaces and green space to
allow more percolation of runoff into the ground and/or design site with the capacity to
convey or store peak runoff from a storm and release it at a slow rate so as to minimize
the peak discharge into storm drains or receiving water bodies;
ii. Use porous materials for or near walkways and driveways where feasible;
iii. Incorporate design elements which will serve to reduce directly connected
impervious area where feasible. Options include the use of alternative design features
such as concrete grid driveways, and/or pavers for walkways.
iv. Runoff from driveways, streets and other impervious surfaces shall be
collected and directed through a system of vegetated and/or gravel filter strips or other
media devices, where feasible. Selected filter elements shall be designed to (1) trap
sediment, particulates and other solids and (2) remove or mitigate contaminates through
infiltration and/or biological uptake. The drainage system shall also be designed to
convey and discharge runoff from the building site in a non-erosive manner.
v. Selected BMPs shall be engineered and constructed in accordance with
the design specifications and guidance contained in the California Stormwater Best
Management Practices Handbook (Municipal).
vi. The plan must include provisions for regular inspection and maintenance
of structural BMPs, for the life of the project.
Parking Lots. Development plans for, or which include parking lots greater than five thousand
square feet in size and/or with twenty-five or more parking spaces, susceptible to stormwater,
shall incorporate BMPs effective at removing or mitigating potential pollutants of concern such
as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the
developed site, prior to such runoff entering the stormwater conveyance system, or any
receiving water body. Options to meet this requirement include the use of vegetative filter strips
or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a
combination of these. Selected BMPs shall be designed to collectively infiltrate, filter or treat the
volume of runoff produced by each and every storm event up to and including the eighty-fifth
percentile twenty-four-hour runoff event. BMPs shall be engineered and constructed in
accordance with the guidance and specifications provided in the California Stormwater Best
Management Handbooks (Commercial and Industrial).
All Development. A public education program shall be designed to raise the level of awareness
of water quality issues around the lagoon including such elements as catch basin stenciling and
public awareness signs.
A landscape management plan shall be created that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water quality/urban runoff
control plan and monitoring program to ensure the discharge from all proposed outlets is
consistent with local and regional standards. Such measures shall be required as a condition of
coastal development permit approval at the subdivision stage.
C. Landslides and Slope Instability. Developments within five hundred feet of areas
identified generally in the PRC Toups report, Figure 8, as containing soils of the La Jolla group
(susceptible to accelerated erosion) or landslide prone areas shall be required to submit
additional geologic reports containing the additional information required in the coastal shoreline
development overlay zone.
D. Seismic Hazards. Development in liquefaction-prone areas shall include site-specific
investigations done addressing the liquefaction problem and suggesting mitigation measures.
New residential development in excess of four units, commercial, industrial, and public facilities
shall have site-specific geologic investigations completed in known potential liquefaction areas.
E. Floodplain Development. Within the coastal zone, in the one hundred-year
floodplain, no new or expanded permanent structures or fill shall be permitted. Only uses
compatible with periodic flooding shall be allowed.
F. Reserved.
G. Within the Kelly Ranch, scenic public views from Interstate 5, Cannon Road and
Agua Hedionda Lagoon shall be preserved, as feasible, through the following measures:
1. Landscaping and Setbacks. Use of trees or fire-retardant vegetation with
substantial height as a landscape screen and/or setbacks from the ridgelines and open space
areas;
2. Building Colors. Exterior wall and roof colors shall be of low-intensity earth or
vegetative tones. Stucco with accent materials such as tile, natural stone, or other compatible
natural building materials shall be preferred. Roof colors shall be low-intensity colors which
blend with the environmental setting of the project;
3. Residential Building Height. Maximum height limits and variation in roof
heights shall be utilized, as necessary, to minimize visibility of structures from scenic public
roadways, public vista points and public trails.
H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be
compatible with the surrounding native vegetation and preserved open space by incorporation
of the following measures:
1. All residential development shall be required to identify and implement a
landscaping plan that provides for installation of plant species that are native or noninvasive and
drought tolerant to the maximum extent feasible. Ornamental (noninvasive) vegetation shall be
permitted in the interior of residential subdivisions only;
2. Approved landscaping shall be installed immediately upon completion of
construction and maintained by the property owners in good growing condition for the life of the
development;
3. Landscape screening of structures, including specimen trees and fire-
retardant vegetation of substantial height, shall be required to screen and soften the view of
structures from 1-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points;
4. The landscape treatment shall cause the development to blend in with the
natural setting and present a visually cohesive appearance as viewed from Agua Hedionda
Lagoon, Cannon Road and Interstate 5.
SECTION 3: That Title 21, Chapter 21.205 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.205.060 to read as follows:
21.205.060 Erosion sedimentation, drainage.
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, Jurisdictional
Urban Runoff Managomont Program (JURMP), and the Master Drainage Plan dated 1994, as
those documents are certified as part of the City's LCP; (2) the City's Jurisdictional
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not inconsistent with any policies of the LCP
and (3) the additional requirements contained herein, and the additional requirements
enumerated in this Section.
b. In addition, the following standards shall apply:
i. Priority projects identified in the SUSMP will incorporate structural
Best Management Practices (BMP's) and submit a Water Quality Technical Report
as specified in the National Pollutant Discharge Elimination System (NPDES)
permit and in the SUSMP.
ii. Structural BMP's used to meet SUSMP requirements for priority
projects shall be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice Handbook, dated January 2003 or the
current version of that publication, and designed to infiltrate, filter or treat the
runoff produced from each storm event up to and including the 85th percentile 24-
hour storm event.
iii. Priority projects will include projects increasing impervious area by
more than 2,500 square feet or by more than 10% of existing impervious area, that
are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA),
identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan
(SUSMP) dated April 2003, using the definitions of "adjacent to" and "draining
directly to" that are found in the SUSMP.
iv. The City shall include requirements in all coastal development
permit approvals to inspect and maintain required BMP's for the life of the project.
v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas
(including steep slopes, unstable areas and erosive soils), to minimize impacts on
water quality of excessive erosion and sedimentation. Development shall
incorporate soil stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200 feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive
Areas" as defined in Appendix I of the SUSMP, including being treated as a
priority project if they create more than 2,500 square feet of impermeable surface
or increase the impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including
single family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement of the
numerical sizing standard, if they are in, within 200 feet of, or discharging directly
to an ESA, including the Pacific Ocean; or shall provide a written report signed by
a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum
extent practicable.
ix. Detached residential homes shall be required to use efficient
irrigation systems and landscape designs or other methods to minimize or
eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or
rocky intertidal areas.
c. Mitigation shall also require construction of all improvements shown in the master
drainage plan and amendments to it. No subsequent amendments are a part of this zone
unless certified by the Coastal Commission. The general provisions, procedures, standards,
content of plans and implementation contained in them are required conditions of development
in addition to the provisions below. Approved development shall include the following conditions,
in addition to the requirements specified above:
i. All offsite, downstream improvements (including debris basin and any
other improvements recommended in the drainage plan) shall be constructed prior to the
issuance of a grading permit onsite. Improvements shall be inspected by city staff and
certified as adequate and in compliance with the requirements of the drainage plan and
the additional requirements of this zone. If the city declines to accept maintenance
responsibility for the improvements, the developer shall maintain the improvements
during construction of the onsite improvements.
ii. If the offsite or onsite improvements are not to be accepted and
maintained by a public agency, detailed maintenance agreements including provisions
for financing the maintenance through bonding or other acceptable means shall be
secured prior to issuance of the permit. Maintenance shall be addressed in the report
required to be submitted with the permit application. The report shall discuss
maintenance costs and such costs shall be certified as a best effort at obtaining accurate
figures.
iii. Construction of offsite drainage improvements may use an assessment
district or any other acceptable manner. Such mechanisms shall be secured by bonding
or other acceptable means prior to issuance of a coastal development permit.
iv. If a public agency agrees to accept maintenance responsibilities, it shall
inspect the facilities prior to onsite construction or grading and indicate if such facilities
assure continued maintenance. No onsite development may take place prior to
acceptance of the drainage improvements.
v. All areas disturbed by grading shall be planted within sixty days of the
initial disturbance and prior to October 1st with temporary or permanent (in the case of
finished slopes) erosion control methods. The use of temporary erosion control
measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins
and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the
construction site. Said planting shall be accomplished under the supervision of a
licensed landscape architect, and shall consist of seeding, mulching, fertilization and
irrigation adequate to provide ninety percent coverage within ninety days. Planting shall
be repeated if the required level of coverage is not established. This requirement shall
apply to all disturbed soils including stockpiles. This requirement shall be a condition of
the permit.
1 RESOLUTION NO. 2006-130
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL
3 PROGRAM AMENDMENT, TO ACKNOWLEDGE AND ADOPT
THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED
4 MODIFICATIONS FOR LCPA 01-15.
CASE NAME: NPDES STORMWATER UPDATE
5 CASE NO.: LCPA01-15(A)
6 The City Council of the City of Carlsbad, California, does hereby resolve as
7 follows:
8 WHEREAS, the Planning Commission on January 2, 2002, held a duly noticed
9 public hearing as prescribed by law to consider Zone Code Amendment ZCA 01-08 and Local
10 Coastal Program Amendment LCPA 01-15 and adopted Planning Commission Resolutions No.
11 5130 and 5131 recommending to the City Council that they be approved; and
12 WHEREAS, the City Council on February 19, 2002, held a duly noticed public
13 hearing as prescribed by law to consider said ZCA and LCPA and adopted City Council
14 Resolution No.2002-061 and Ordinance NS-622 to approve the amendments; and
15 WHEREAS, the California Coastal Commission on February 9, 2006, held a duly
16 noticed public hearing as prescribed by law to consider an amendment to the Local Coastal
17 Program and acted to certify the amendment with suggested modifications.
18 WHEREAS, the City Council on the 16th day of May t 2006,
i g
(1) acknowledged receipt of the Coastal Commission's resolution of certification, including the
20 suggested modifications, and (2) held a duly noticed public hearing as prescribed by law to
21 consider the suggested modifications, which constitute an amendment to the Local Coastal
22 Program and the Zoning Ordinance.
23 WHEREAS, acceptance of the California Coastal Commission's suggested
24 modifications, as set forth in this resolution, is necessary to comply with the California Coastal
25 Act;
^)f\
The City Council of the City of Carlsbad, California does hereby resolve as
27 follows:
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1.That the above recitations are true and correct.
2. That the suggested modifications will meet the requirements and conform
with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to
the extent necessary to achieve the basic state goals specified in Section 30001.5 of the
Coastal Act.
3. That approval of the suggested modifications is necessary to maintain
consistency between the City's Zoning Ordinance and the Local Coastal Program.
4. That the suggested modifications to Local Coastal Program Amendment
LCPA 01-15, are approved as shown in Attachment "B" on file in the Planning Department and
attached hereto.
5. That staff is directed to initiate all actions required to satisfy and
implement the suggested modifications to LCPA 01-15.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 16th day of May 2006, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
CLAD
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
Land Use - Mello I Chapter II-l
Attachment "B"
LCPA 01-15(A)
COASTAL COMMISSION SUGGESTED MODIFICATIONS
(bolded sections represent language to be added, strikeout sections represent language to be deleted)
II-l Mello I Segment - Land Use Policies
(AB 462) (Now PRC 30170)
Certified 9/80 Amended 10/85
1. Standard Pacific
Policy 3 - Drainage, Erosion Control
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City's Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), Master
Drainage Plan, and the additional requirements contained herein. The SUSMP,
dated April 2003 and as amended, and the Master Drainage Plan (1994) are hereby
incorporated into the LCP by reference. Development must also comply with the
requirements of the Jurisdictional Urban Runoff Management Program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP. A site specific report prepared by a
qualified professional shall be required to provide the necessary mitigation for increased
runoff and sedimentation. The report shall be subject to the requirements of the Model
Erosion Control Ordinance contained in the Appendix to the June 1980 Carlsbad Master
Drainage Plan and the additional requirements contained herein. Such mitigation shall
become an element of the project and shall be installed prior to the initial grading. At a
minimum, such mitigation shall require construction of all improvements shown in the
Master Drainage Plan between the project site and the lagoon (including the debris
basin), restriction of grading activities to the months of April through September,
revegetation of all graded areas immediately after grading, and mechanism for
permanent maintenance if the City declines to accept the responsibility. Construction of
drainage improvements may be through formation of an assessment district or through
any similar arrangement that allots costs among the various landowners in an equitable
manner.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMP's) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
Land Use - Mello I Chapter II-l
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4)
shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize
on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy
metals, nutrients, suspended solids and other pollutants from entering the storm
water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water conveyance
system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles
and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and
submit a Water Quality Technical Report as specified in the NPDES permit and in
the SUSMP.
Land Use - Mello I Chapter II-l
g. Structural BMP's used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version
of that publication, and designed to meet, infiltrate, filter or treat the runoff
produced from each storm event up to and including the 85th percentile 24-hour storm
event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to
or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's
on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas" as defined
in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's found to
=33
Land Use - Mello I Chapter II-l
be ineffective. (This does not include removal of BMP's or categories of
BMP's on the basis that the City finds them to be infeasible of impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment is
necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
2. Occidental Land Inc.
Policy 2 - Drainage, Erosion Control
In the event of commercial and/or residential development pursuant to a Coastal
Development Permit, a site specific report prepared by a qualified professional shall be
required to provide tho necessary mitigation for increased runoff and sedimentation. The
report shall be subject to the requirements of the Model Erosion Control Ordinance
contained in the Appendix to the June 1980 Carlsbad Master Drainage Plan and the
additional requirements contained herein. Such mitigation shall become an element of the
project and shall be installed prior to initial grading. At a minimum, such mitigation shall
require construction of all improvements shown in the Master Drainage Plan between the
project site and the lagoon, restriction of grading activities to the months of April through
September, revegetation of all graded areas immediately after grading, and a mechanism for
permanent maintenance if the City declines to accept responsibility. The offsite drainage
improvements shall be reimbursable to Occidental by use of assessment districts,
development agreements or other appropriate means acceptable to the City.
a. All development must include mitigation measures for the control of urban
runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City's Grading
Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), Master Drainage Plan, and the additional
requirements contained herein. The SUSMP, dated April 2003 and as
amended, and the Master Drainage Plan (1994) are hereby incorporated
into the LCP by reference. Development must also comply with the
requirements of the Jurisdictional Urban Runoff Management Program
(JURMP) and the San Diego County Hydrology Manual to the extent that
these requirements are not inconsistent with any policies of the LCP. Such
mitigation shall become an element of the project and shall be installed
prior to initial grading. Mitigation shall also require construction of all
improvements shown in the Master Drainage Plan and amendments
thereto between the project site and the lagoon (including the debris
basin), revegetation of all graded areas immediately after grading, and a
mechanism for permanent maintenance if the City declines to accept
Land Use - Mello I Chapter II-l
responsibility. The offsite drainage improvements shall be reimbursable to
Occidental by use of assessment districts, development agreements or other
appropriate means acceptable to the City.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed
future development. The City shall require developments to incorporate
structural and non-structural best management practices (BMP's) to
mitigate the projected increases in pollutant loads and minimize any
increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and
treatment. Small collection strategies located at, or as close as possible to,
the source (i.e., the point where water initially meets the ground) to minimize
the transport of urban runoff and pollutants offsite and into a municipal
separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which
cause or contribute to an exceedance of receiving water quality objectives or
which have not been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site
design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids and other pollutants from entering the
storm water conveyance system.
Land Use - Mello I Chapter II-l
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water conveyance
system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's
and submit a Water Quality Technical Report as specified in the NPDES
permit and in the SUSMP.
g. Structural BMP's used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice (BMP) Handbook, dated January
2003 or the current version of that publication, and designed to meet,
infiltrate, filter or treat the runoff produced from each storm event up to
and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area, that
are in, adjacent to or drain directly to Environmentally Sensitive Areas
(ESA), identified in the City of Carlsbad Standard Urban Storm Water
Mitigation Plan (SUSMP) dated April 2003, using the definitions of
"adjacent to" and "draining directly to" that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction
(e.g., clearing, grading and cut-and-fill), especially in erosive areas (including
steep slopes, unstable areas and erosive soils), to minimize impacts on water
quality of excessive erosion and sedimentation. Development shall
incorporate soil stabilization BMP's on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas"
as defined in Appendix I of the SUSMP, including being treated as a priority
project if they create more than 2,500 square feet of impermeable surface or
increase the impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single
family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement of
the numerical sizing standard, if they are in, within 200 feet of, or
Land Use - Mello I Chapter II-l
discharging directly to an ESA, including the Pacific Ocean; or shall provide
a written report signed by a licensed civil engineer showing that as the
project is designed they are mitigating polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate
dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or
rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm
Water Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's
found to be ineffective. (This does not include removal of BMP's or
categories of BMP's on the basis that the City finds them to be
infeasible of impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a
specific category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by
a finding that the changes will improve and better protect coastal water
quality. The City Engineer or Planning Director shall notify the Executive
Director in writing of any of the above listed changes. For any changes not
included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall
subsequently apply for an LCP amendment for the changes.
3. Rancho La Costa (Hunt Property)
Policy 3 - Drainage and Erosion Control
(6) a. A site specific technical report shall be required addressing the cumulative effects of
developing each subwatershed and recommending measures to mitigate both increased
runoff and sedimentation.—It shall be reviewed and prepared according to the Model
Erosion Control Ordinance contained in the Master Drainage Plan All development must
include mitigation measures for the control of urban runoff flow rates and velocities,
urban pollutants, erosion and sedimentation in accordance with the requirements of
the City's Grading Ordinance, Storm Water Ordinance, Standard Urban Storm
Water Mitigation Plan (SUSMP), Master Drainage Plan, with the additions and
changes adopted herein, such that a natural drainage system is generally preserved for the
eastern undeveloped watersheds, but that storm drains are allowed for those western
portions of the watershed which have already been incrementally developed. The SUSMP,
dated April 2003 and as amended, and the Master Drainage Plan (1994) are hereby
incorporated into the LCP by reference. Development must also comply with the
requirements of the Jurisdictional Urban Runoff Management Program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
=37
Land Use - Mello I Chapter II-l
are not inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMP's) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4) shall
be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
i. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
ii. To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
iii. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands
and buffer zones. Land acquisition of such areas shall be encouraged.
iv. Provide development-free buffer zones for natural water bodies.
v. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
vi. Where feasible implement site design/landscape features to slow runoff
and maximize on-site infiltration of runoff.
vii. Properly design outdoor material storage areas (including the use of
roof or awning covers) to minimize the opportunity for toxic
compounds, oil and grease, heavy metals, nutrients, suspended solids
and other pollutants from entering the storm water conveyance system.
viii.Incorporate roof or awning covers over trash storage areas to prevent
off-site transport of trash and other pollutants from entering the storm
water conveyance system.
Land Use - Mello I Chapter II-l
ix. Limit disturbances of natural water bodies and natural drainage
systems caused by development including roads, highways and bridges.
x. Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and
submit a Water Quality Technical Report as specified in the NPDES permit and in
the SUSMP.
g. Structural BMP's used to meet SUSMP requirements for priority projects shall
be based on the California Stormwater Quality Association (CASQA) Stormwater
Best Management Practice (BMP) Handbook, dated January 2003 or the current
version of that publication, and designed to meet, infiltrate, filter or treat the runoff
produced from each storm event up to and including the 85th percentile 24-hour storm
event.
h. Priority projects will include projects increasing impervious area by more than
2,500 square feet or by more than 10% of existing impervious area, that are in,
adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in
the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated
April 2003, using the definitions of "adjacent to" and "draining directly to" that are
found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals
to inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's
on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas" as defined
in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
Land Use - Mello I Chapter II-1
n. Detached residential homes shall be required to use efficient irrigation systems
and landscape designs or other methods to minimize or eliminate dry weather flow, if
they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's found
to be ineffective. (This does not include removal of BMP's or categories of
BMP's on the basis that the City finds them to be infeasible of impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a
specific category of Priority Project
p. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment is
necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
(7) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance with the
following additional criteria:
(a) Submittal of a runoff control plan designed by a licensed engineer qualified
in hydrology and hydraulics, which would assure no increase in peak runoff
rate from the developed site over the greatest discharge expected from the
existing undeveloped site as a result of a 10-year frequency storm. Runoff
control shall be accomplished by a variety of measures, including, but not
limited to, onsite catchment basins, detention basins, siltation traps and
energy dissipators and shall not be concentrated in one area or a few
locations.
(b) Detailed maintenance arrangements and various alternatives for providing
the ongoing repair and maintenance of any approved drainage and erosion
control facilities.
(c) All permanent runoff and erosion control devices shall be developed and
installed prior to or concurrent with any onsite grading activities.
(d) All grading activities shall be prohibited within the period from October 1st
to March 31st of each year.
(e) All areas disturbed by grading, but not completed during the construction
period, including graded pads, shall be planted and stabilized prior to
Land Use - Mello I Chapter II-l
October 1st with temporary or permanent (in the case of finished slopes)
erosion control measures and native vegetation. The use of temporary
erosion control measures, such as berms, interceptor ditches, sandbagging,
filtered inlets, debris basins and silt traps, shall be utilized in conjunction
with plantings to minimize soil loss from the construction site. Said planting
shall be accomplished under the supervision of a licensed landscaped
architect and shall consist of seeding, mulching, fertilization and irrigation
adequate to provide 90 percent coverage within 90 days. Planting shall be
repeated, if the required level of coverage is not established. This
requirement shall apply to all disturbed soils, including stockpiles.
31
Land Use - Mello I Chapter II-l
II-2 MELLO II
POLICY 3-4 GRADING, AND LANDSCAPING REQUIREMENTS
In addition to the requirements of the model grading ordinance in the Carlsbad Master Drainage Plan,
permitted new development shall also comply with the following requirements:
a. Grading activity areas shall be prohibited during the rainy season:—from October l^-te
April 1st of each year. All development must include mitigation measures for the
control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City's Grading Ordinance,
Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP),
Master Drainage Plan, and the following additional requirements. The SUSMP, dated
April 2003 and as amended, and the Master Drainage Plan (1994) are hereby
incorporated into the LCP by reference. Development must also comply with the
requirements of the Jurisdictional Urban Runoff Management Program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP.
b. All graded areas shall be landscaped prior to October 1st of each year with either temporary
or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be
maintained and replanted if not well-established by December 1st following the initial
planting.
c. The October 1st grading season deadline may be extended with the approval of the City
Engineer subject to implementation by October 1st of special erosion control measures
designed to prohibit discharge of sediments off site during and after the grading operation.
Extension beyond November 15th may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as an amendment to on existing coastal development permit. Prior
to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development.
The City shall require developments to incorporate structural and non-structural
best management practices (BMP's) to mitigate the projected increases in pollutant
loads and minimize any increases in peak runoff rate.
d. If any of the responsible resource agencies prohibit grading operations during the summer
grading period in order to protect endangered or rare species or sensitive environmental
resources, then grading activities may be allowed during the winter by a coastal
development permit or permit amendment, provided that appropriate best management
practices (BMPs) are incorporated to limit potential adverse impacts from winter grading
activities. Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and treatment.
Small collection strategies located at, or as close as possible to, the source (i.e., the
point where water initially meets the ground) to minimize the transport of urban
runoff and pollutants offsite and into a municipal separate storm sewer system (MS4)
shall be utilized.
Land Use - Mello I Chapter 11-1
e. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
f. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
g. Priority projects identified in the SUSMP will incorporate structural BMP's and
submit a Water Quality Technical Report as specified in the NPDES permit and in
the SUSMP.
h. Structural BMP's used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version
of that publication, and designed to meet, infiltrate, filter or treat the runoff
produced from each storm event up to and including the 85th percentile 24-hour storm
event.
i. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to
or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
33
Land Use - Mello I Chapter II-l
j. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
k. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
1. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's
on disturbed areas as soon as feasible.
m. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas" as defined
in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
n. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
o. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
p. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's
found to be ineffective. (This does not include removal of BMP's or
categories of BMP's on the basis that the City finds them to be infeasible of
impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
q. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment is
Land Use - Mello I Chapter II-1
necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
POLICY 3-5 KELLY POINT/MACARIO CANYON AREA
(i) Water Quality:
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with the requirements of the City's Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), Master Drainage Plan, and
the following additional requirements. The SUSMP, dated April 2003 and as
amended, and the Master Drainage Plan (1994) are hereby incorporated into the LCP
by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego
County Hydrology Manual to the extent that these requirements are not inconsistent
with any policies of the LCP.
All new development, substantial rehabilitation, redevelopment or related activity, shall be
designed and conducted in compliance with all applicable local ordinances including
Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge
Control Ordinance, the Standard Specifications for Public Works Construction when
performing public work, and applicable provisions of the NPDES General Permit for
Storm Water Discharges Associated with Construction Activity issued by the State Water
Resources Control Board (State Board Order No. 92 08 DWQ), and any subsequent
amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San
Diego County and cities by the California Regional Water Quality Control Board
(Regional Board Order No. 90 42) and any amendment, revision or re issuance thereof.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development.
The City shall require developments to incorporate structural and non-structural
best management practices (BMP's) to mitigate the projected increases in pollutant
loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4) shall
be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
Land Use - Mello I Chapter II-l
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and
submit a Water Quality Technical Report as specified in the NPDES permit and in
the SUSMP.
g. Structural BMP's used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version
of that publication, and designed to meet, infiltrate, filter or treat the runoff
produced from each storm event up to and including the 85th percentile 24-hour storm
event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to
or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
Land Use - Mello I Chapter II-l
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's
on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas" as defined
in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's
found to be ineffective. (This does not include removal of BMP's or
categories of BMP's on the basis that the City finds them to be infeasible of
impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of
the above listed changes. For any changes not included in the above list, the City
shall contact the Executive Director to determine whether an LCP amendment is
necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
POLICY 4-1 COASTAL EROSION
I. Development Along Shoreline
Land Use - Mello I Chapter II-l
a. For all new development along the shoreline, including additions to existing development,
a site-specific geologic investigation and analysis similar to that required by the Coastal
Commission's Geologic Stability and Bluff top Guidelines shall be required; for permitted
development, this report must demonstrate bluff stability for 75 years, or the expected
lifetime of the structure, whichever is greater. Additionally, permitted development shall
incorporate, where feasible, sub-drainage systems to remove groundwater from the bluffs,
and shall use drought-resistant vegetation in landscaping. A waiver of public liability shall
be required for any permitted development for which an assurance of structural stability
cannot be provided. All development must include mitigation measures for the control
of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation
in accordance with the requirements of the City's Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), Master
Drainage Plan, and the following additional requirements. The SUSMP, dated April
2003 and as amended, and the Master Drainage Plan (1994) are hereby incorporated
into the LCP by reference. Development must also comply with the requirements of
the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego
County Hydrology Manual to the extent that these requirements are not inconsistent
with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development.
The City shall require developments to incorporate structural and non-structural
best management practices (BMP's) to mitigate the projected increases in pollutant
loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4) shall
be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
38
Land Use - Mello I Chapter II-l
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and
submit a Water Quality Technical Report as specified in the NPDES permit and in
the SUSMP.
g. Structural BMP's used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version
of that publication, and designed to meet, infiltrate, filter or treat the runoff
produced from each storm event up to and including the 85th percentile 24-hour storm
event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to
or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's
on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas" as defined
in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
Land Use - Mello I Chapter II-l
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's
found to be ineffective. (This does not include removal of BMP's or
categories of BMP's on the basis that the City finds them to be infeasible of
impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment is
necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
II. Beach Sand Erosion
Pursue mitigation measures which address the causes of beach sand erosion; sand dredging and use of the
Longard Tube to reduce wave energy are two such measures which have been suggested. The City should
continue to participate in the Regional Coastal Erosion Committee's studies of the causes and cures for
shoreline erosion.
III. Shoreline Structures
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such
construction that alters natural shoreline processes shall be permitted with required to serve coastal-
dependent uses or to protect existing structures or public beaches in danger from erosion, and when
designed to eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition of
coastal development permit approval, permitted shoreline structures may be required to replenish the
beach with imported sand. Provisions for the maintenance of any permitted seawalls shall be included as
a condition of project approval.
4o
Land Use - Mello I Chapter II-1
Projects which create spoils shall be required to deposit such spoils on the beaches if the material is
suitable for sand replenishment.
IV. Undevelopable Shoreline Features
No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with the
exception of accessways to provide public beach access and of limited public recreation facilities.
POLICY 4-2 LANDSLIDES AND SLOPE INSTABILITY
The soil investigations now required as part of the land subdivision process are adequate to identify with
specificity areas of landslide and instability. However, these investigations will need to be particularly
thorough in those areas with La Jolla Group soils which have been identified for potential future
development.
Currently, soils investigations are only required for subdivisions. In the future, any development
proposed for areas known to be prone to landslide shall include a geologic investigation identifying
appropriate mitigation measures, and such geologic report shall be substantially as has been required by
the Coastal Commission's Geologic Stability and Blufftop Development Guidelines.
POLICY 4-3 ACCELERATED SOIL EROSION
Areas West of 1-5 and the Existing Paseo del Norte and Along El Camino Real Upstream of Existing
Storm Drains
For areas west of the existing Paseo del Norte, west of Interstate 5 and along El Camino Real immediately
upstream of the existing storm drains, the following policy shall apply:
a. A site specific report prepared by a qualified professional shall be required for all proposed
development, identifying mitigation measures needed to avoid increased runoff and soil
erosion. The report shall be subject to the model erosion control ordinance contained in the
Appendix to the Carlsbad Master Drainage Plan (June 1986), and to the additional
requirements contained herein. All development must include mitigation measures for the
control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City's Grading Ordinance,
Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP),
Master Drainage Plan, and the additional requirements contained herein. The SUSMP,
dated April 2003 and as amended, and the Master Drainage Plan (1994) are hereby
incorporated into the LCP by reference. Development must also comply with the
requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and
the San Diego County Hydrology Manual to the extent that these requirements are not
inconsistent with any policies of the LCP. Such mitigation shall become an element of the
project and shall be installed prior to the initial grading. Mitigation shall also require
construction of all improvements shown in the Master Drainage Plan and amendments thereto
between the project site and the lagoon (including the debris basin), revegetation of all graded
areas immediately after grading, and mechanism for permanent maintenance if the City
declines to accept the responsibility. Construction of drainage improvements may be through
formation of an assessment district or through any similar arrangement that allots costs among
the various landowners in an equitable manner.
41
Land Use - Mello I Chapter II-l
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and submit
a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
Land Use - Mello I Chapter II-1
g. Structural BMP's used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's on
disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than
2,500 square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's
found to be ineffective. (This does not include removal of BMP's or
Land Use - Mello I _ Chapter II-l
categories of BMP's on the basis that the City finds them to be infeasible of
impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
(b) All Other Areas
O - Required Runoff Control Plan:
No development shall be permitted except pursuant to submittal of a runoff control plan prepared
by a licensed engineer qualified in hydrology and hydraulics; such approved plans shall assure that
there would be no increase in peak runoff rate from the developed site over the greatest discharge
expected from the existing undeveloped site as a result of a 10 year frequency storm. Runoff
control shall be accomplished by a variety of measures, including, but not limited to, onsite
catchment basins, detention basins, siltation traps, and energy dissipators, and shall not be
concentrated in one area.
(3) Drainage and Erosion Control
a. All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), Master Drainage Plan, and the
additional requirements contained herein. The SUSMP, dated April 2003 and as
amended, and the Master Drainage Plan (1994) are hereby incorporated into the LCP by
reference. Development must also comply with the requirements of the Jurisdictional
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any policies of the
LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and
Land Use - Mello I Chapter II-l
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and submit
a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMP's used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
Land Use - Mello I Chapter II-l
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's on
disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than
2,500 square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's
found to be ineffective. (This does not include removal of BMP's or
categories of BMP's on the basis that the City finds them to be infeasible
of impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
Land Use - Mello I Chapter II-1
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
POLICY 4-5 SOIL EROSION CONTROL PRACTICES
a. Soil erosion control practices shall be used against "onsite" soil erosion. These include keeping
soil covered with temporary or permanent vegetation or with mulch materials, special grading
procedures, diversion structures to divert surface runoff from exposed soils, and grade
stabilization structures to control surface water. All development must include mitigation
measures for the control of urban runoff flow rates and velocities, urban pollutants,
erosion and sedimentation in accordance with the requirements of the City's Grading
Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan
(SUSMP), Master Drainage Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, and the Master Drainage Plan (1994) are
hereby incorporated into the LCP by reference. Development must also comply with the
requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and
the San Diego County Hydrology Manual to the extent that these requirements are not
inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
Land Use - Mello I Chapter II-l
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and submit
a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMP's used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's on
disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than
2,500 square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
Land Use - Mello I Chapter II-l
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's found to
be ineffective. (This does not include removal of BMP's or categories of
BMP's on the basis that the City finds them to be infeasible of impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
POLICY 4-6 "SEDIMENT CONTROL" PRACTICES
a. Apply "sediment control" practices as a perimeter protection to prevent off-site drainage.
Preventing sediment from leaving the site should be accomplished by such methods as
diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosion is
of course the most efficient way to control sediment runoff. All development must include
mitigation measures for the control of urban runoff flow rates and velocities, urban
pollutants, erosion and sedimentation in accordance with the requirements of the City's
Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation
Plan (SUSMP), Master Drainage Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, and the Master Drainage Plan (1994) are
hereby incorporated into the LCP by reference. Development must also comply with the
requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and
the San Diego County Hydrology Manual to the extent that these requirements are not
inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
Land Use - Mello I Chapter II-1
management practices (BMP's) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and submit
a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMP's used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm event.
Land Use - Mello I Chapter II-1
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's on
disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than
2,500 square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's found to
be ineffective. (This does not include removal of BMP's or categories of
BMP's on the basis that the City finds them to be infeasible of impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
Land Use - Mello I Chapter II-1
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
II-3. WEST BATIQUITOS LAGOON/SAMMIS
PROPERTIES LAND USE
Background: Local Coastal Program Amendment West Batiquitos Lagoon
Segment
C. GRADING AND EROSION CONTROL
a. Because the area is located close to environmentally sensitive habitats, all development must
include mitigation measures for the control of urban runoff flow rates and velocities,
urban pollutants, erosion and sedimentation in accordance with the requirements of the
City's Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), Master Drainage Plan, and the following additional
requirements. The SUSMP, dated April 2003 and as amended, and the Master Drainage
Plan (1994) are hereby incorporated into the LCP by reference. Development must also
comply with the requirements of the Jurisdictional Urban Runoff Management Program
(JURMP) and the San Diego County Hydrology Manual to the extent that these
requirements are not inconsistent with any policies of the LCP. development shall conform
to the following grading and erosion standards:
b. Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream
drainage facilities or to produce erosive velocities and appropriate measures shall be taken on
and/or off the site to prevent the siltation of the Batiquitos Lagoon and other environmentally
sensitive areas.
2r.—Grading activity shall be prohibited during the rainy season from October 1st to April 1st of
any year. Grading during this period may occur with the approval of both the City Engineer
and the California Coastal Commission.
c.3. All graded areas shall be hydroseeded prior to October 1st with either temporary or permanent
materials. Landscaping shall be maintained and replanted if not established by December 1st.
c. 4r Grading plans shall indicate staking or fencing of open space areas during construction and
shall specifically prohibit running or parking earth-moving equipment, stockpiling or
earthwork material, or other disturbances within the open space areas.
d. 5.Any necessary temporary or permanent erosion control devices required for the development
of a specific planning area, such as desilting basins, shall be developed and installed prior to
any on, or off, site grading activities within the specific planning area requiring the mitigation,
or, concurrent with the grading, provided all devices required for that planning area are
installed and operating prior to October 1st, and installation is assured through bonding or
Land Use - Mello I Chapter II-1
other acceptable means.
e. 6.The developer must provide for the long-term maintenance of drainage improvements and
erosion control devices.
f. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
g. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
h. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
i. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
Land Use - Mello I Chapter II-l
j. Priority projects identified in the SUSMP will incorporate structural BMP's and submit
a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
k. Structural BMP's used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm event.
1. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
m. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
n. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
o. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's on
disturbed areas as soon as feasible.
p. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than
2,500 square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
q. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
r. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
s. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
Land Use - Mello I Chapter 11-1
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's found to
be ineffective. (This does not include removal of BMP's or categories of
BMP's on the basis that the City finds them to be infeasible of impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
t. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
Land Use - Mello I Chapter II-l
II-4. East Batiquitos Lagoon / Hunt Properties
B. Land Use Policies
4. Grading, Drainage and Erosion Control
(1) Batiquitos Lagoon is the primary coastal resource within the subject area and warrants stringent
controls on upstream development activities. Downstream impacts of possible erosion and
sedimentation due to development must be limited to insignificant levels. Many slope areas on the
property contain sensitive vegetation and support a variety of wildlife species. Slope areas also pose
possible geologic hazards and require close development review.
(3) Under the Master Plan requirements, any development shall conform to the following additional
standards:
(f) A site specific technical report shall be required addressing the cumulative effects of developing
each—sub watershed—and—recommending—measures—te—mitigate—beth—increased—runoff and
sedimentation. It shall be reviewed and prepared according to the Model Erosion Control Ordinance
contained in the Master Drainage Plan, with the additions and changes adopted herein.
(g) Mitigation measures tailored to project impacts and consistent with the control of cumulative
development shall be implemented prior to development in accordance with the following additional
criteria:
1) Submittal of a runoff control plan designated by a licensed engineer qualified in
hydrology and hydraulics, which would assure no increase in peak runoff rate from
the developed site over the greatest discharge expected from the existing
undeveloped site as a result of a 10 year frequency storm. Runoff control shall be
accomplished by a variety of measures, including, but not limited to, onsite
catchment basins, detention basins, siltation traps, and energy dissipators and shall
not be concentrated in one area or a few locations.
2) Detailed maintenance arrangements and various alternatives for providing the
ongoing repair and maintenance of any approved drainage and erosion control
facilities.
3) All permanent runoff and erosion control devices shall be developed and installed
prior to or concurrent with any onsite grading activities.
4) All grading activities shall be prohibited within the period from October 1st to
March 31st of each year.
4 §) All areas disturbed by grading, but not completed during the construction period,
including graded pads, shall be planted and stabilized prior to October 1st with
temporary or permanent (in the case of finished slopes) erosion control measures
and native vegetation. The use of temporary erosion control measures, such as
berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps
shall be utilized in conjunction with plantings to minimize soil loss from the
construction site. Said plantings shall be accomplished under the supervision of a
licensed landscape architect and shall consist of seeding, mulching, fertilization,
and irrigation adequate to provide 90% coverage within 90 days. Planning shall be
Land Use - Mello I Chapter II-l
repeated, if the required level of coverage is not established. This requirement shall
apply to all disturbed soils, including stockpiles.
5) All development must include mitigation measures for the control of urban
runoff flow rates and velocities, urban pollutants, erosion and sedimentation
in accordance with the requirements of the City's Grading Ordinance, Storm
Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP),
Master Drainage Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, and the Master Drainage Plan
(1994) are hereby incorporated into the LCP by reference. Development must
also comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any
policies of the LCP.
6) Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural
and non-structural best management practices (BMP's) to mitigate the
projected increases in pollutant loads and minimize any increases in peak
runoff rate.
7) Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and
treatment. Small collection strategies located at, or as close as possible to, the
source (i.e., the point where water initially meets the ground) to minimize the
transport of urban runoff and pollutants offsite and into a municipal separate
storm sewer system (MS4) shall be utilized.
8) Post-development runoff from a site shall not contain pollutant loads which
cause or contribute to an exceedance of receiving water quality objectives or
which have not been reduced to the maximum extent practicable.
9) Development projects should be designed to comply with the following site
design principles:
a. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
b. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
c. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
d. Provide development-free buffer zones for natural water bodies.
e. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
f. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
Land Use - Mello I Chapter II-1
g. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
h. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
i. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
j. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
10. Priority projects identified in the SUSMP will incorporate structural BMP's and submit
a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
11. Structural BMP's used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm event.
12. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
13. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
14. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
15. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's on
disturbed areas as soon as feasible.
16. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than
2,500 square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
17. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Land Use - Mello I Chapter ll-l
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
18. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
19. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
a. Addition of new Best Management Practices (BMP's) found to be more protective
of water quality than current BMP's or removal of BMP's found to be ineffective.
(This does not include removal of BMP's or categories of BMP's on the basis that
the City finds them to be infeasible of impractical).
b. Addition of new development categories as Priority Projects.
c. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
d. Reductions in the area of impervious surfaces used to designate a specific category
of Priority Project.
20. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply
for an LCP amendment for the changes.
Land Use - Mello I Chapter II-1
Agua HediondaLand Use Plan
4.1 All grading and land alteration activities shall be subject to the requirements of the Carlsbad Grading
and Excavation Ordinance and the provisions of the Master Drainage Plan.
4.1 a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with
the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), Master Drainage Plan, and the following
additional requirements. The SUSMP, dated April 2003 and as amended, and the Master
Drainage Plan (1994) are hereby incorporated into the LCP by reference. Development
must also comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology Manual to the
extent that these requirements are not inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
Land Use - Mello I Chapter II-l
7. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMP's and submit
a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMP's used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm event
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMP's for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMP's on
disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than
2,500 square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Land Use - Mello I Chapter II-l
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's
found to be ineffective. (This does not include removal of BMP's or
categories of BMP's on the basis that the City finds them to be infeasible of
impractical).
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
4.2 Additionally, grading permits in the plan area shall include the following mitigation measures:
•—Coordination of grading activities with the local precipitation pattern; grading restricted during
rainy season.
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
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
thMay 06 ,2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
Proof of Publication of
PUBLIC HEAMMQ
Those persons wishing to speaK on this proposalare cordialry Invited t? attend the public bearing,"lies of tne agenda bill witTbe available on artel
If you diaflenge the Zone Code Amendment and/orLocal Coastal Program Amendment In court, you
the
CASE FILE: ZCA 01 -08(A)/LCPA 01 -15(A)
This 08th Day of May, 2006
Signature
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council 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 Tuesday, May 16, 2006, to consider approval of a Zone Code Amendment and Local
Coastal Program Amendment to incorporate the Coastal Commission suggested modifications
to various sections of Chapters 21.203 and 21.205 of Title 21 of the Carlsbad Municipal Code
and the city's Local Coastal Program, to implement citywide, the new stormwater protection
requirements of the San Diego Municipal Stormwater Quality Control Board San Diego
Municipal Stormwater Order No. 2001-01.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after May 12, 2006. If you have any
questions, please call Chris DeCerbo in the Planning Department at (760) 602-4611.
If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment 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,
Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 at or prior to the public
hearing.
CASE FILE: ZCA 01-08(A)/LCPA 01-15(A)
CASE NAME: NPDES STORMWATER UPDATE CALIFORNIA COASTAL COMMISSION
SUGGESTED MODIFICATIONS
PUBLISH: May 6, 2006
CITY OF CARLSBAD
CITY COUNCIL
Jdiii cm vi .viiiutf^v rim riiiiiuivj
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CARLSBAD UNIF SCHOOL DIST
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN MARCOS SCHOOL DIST
1 CIVIC CENTER DR
SAN MARCOS CA 92069
ENCINITAS SCHOOL DIST
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DIST
701 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DIST
1966OLIVENHAINRD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
CITY OF VISTA
600 EUCALYPTUS AVE
VISTA CA 92084
VALLECITOS WATER DIST
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CALIF DEPT OF FISH & GAME
4949VIEWRIDGEAVE
SAN DIEGO CA 92123
REGIONAL WATER QUALITY
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SD COUNTY PLANNING
STEB
5201 RUFFIN RD
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011
SCOTT MALLOY - BIASD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
CITY OF CARLSBAD
RECREATION
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
ATTN TEDANASIS
SAN DIEGO COUNTY AIRPORT
AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
DEPT- PROJECT ENGINEER
CITY OF CARLSBAD
PROJECT PLANNER
CHRIS DECERBO
04/17/2006
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CITY OF ENCINITAS
COMM DEV DEPT
505 S VULOCAN AVE
ENCINITAS CA 92024
FED AVIATION ADMIN WESTERN REG
PO BOX 92007
LOS ANGELES CA
BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
STE 2450
980 NINTH ST
SACRAMENTO CA 95814
CA COASTAL COMMISSION
STE 103
7575 MTROPOLITAN DR
SAN DIEGO CA 921084402
CANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
DEPT OF DEFENSE
LOS ANGELES DIST ENG
PO BOX 2711
LOSANGELESCA 90053
DEPT OF ENERGY
STE 400
611 RYANPLZDR
ARLINGTON TX 760114005
DEPT OF ENERGY
STE 350
901 MARKET ST
SAN FRANCISCO CA 94103
DEPT OF FISH & GAME
ENV SERV DIV
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURSES
RM100
1220 N ST
SACRAMENTO CA 95814
DEPT OF FORESTRY
ENV COORD
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF HOUSING & URBAN DEV
REG ADMIN
450 GOLDEN GATE AVE
SAN FRANCISCO CA 94102
DEPT OF JUSTICE
DEPT OF ATTY GEN
RM700
110 WEST AST
SAN DIEGO CA 92101
DEPT OF TRANSPORTATION
RM 5504
1120NST
SACRAMENTO CA 95814
MARINE RESOURCES REG DR & G
ENV SERVICES SPR
STEJ
4665 LAMPSON AVE
LOS ALAMITOS CA 907205139
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV ARRAIRS
PO BOX 3044
SACRAMENTO CA 958123044
SAN FRANCISCO BAY CONSERV &
DEV COM
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941114704
STATE LANDS COMMISSION
STE 1005
100 HOWE AVE
SACRAMENTO CA 958258202
SANDAG
EXEC DIRECTOR
STE 800
1STINTLPLZ401 B ST
SAN DIEGO CA 92101
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
US BUREAU OF RECLAMATION
MID PACIFIC REG
2800 COTTAGE WY
SACRAMENTO CA 95825
US ARMY CORPS OF ENGINEER
STE 702
333 MARKET ST
SAN FRANCISCO CA 941052197
USDA RURAL DEVELOPMENT
DEPT 4169
430 G ST
DA VIS CA 95616
WATER RESOURCES CONTROL
BOARD
PO BOX 100
SACRAMENTO CA 95801
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123
STATE LANDS COMMISSION
STE 1 DOS
100 HOWE AVE
SAN DIEGO CA 92123
COUNJTY OF SD
SUPERVISOR
RM335
1600 PACIFIC
SAN DIEGO ca 92101
SD COUNTY
PLANNING & LAND USE DEPT
STE B-5
5201 RUFFIN RD
SAN DIEGO CA 92123
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
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2800 COTTAGE WAY
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SACRAMENTO CA 958251888
®(ms AMiAV-OD-008-l
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NPDESNPDESStorm Water Update Storm Water Update CCC Suggested ModificationsCCC Suggested ModificationsZCA 01ZCA 01--08(A)/LCPA 0108(A)/LCPA 01--15(A)15(A)
Project BackgroundProject BackgroundFebruary 2001February 2001--RWQCB adopted RWQCB adopted NPDES municipal storm water permit NPDES municipal storm water permit (Order No. 2001(Order No. 2001--01) for San Diego 01) for San Diego County.County.Mandates new/revised policies and Mandates new/revised policies and ordinances to reduce pollutants in ordinances to reduce pollutants in storm water runoff. storm water runoff.
ZCA 01ZCA 01--08/LCPA 0108/LCPA 01--1515Public HearingsPublic HearingsJanuary 2002 Planning Commission January 2002 Planning Commission February 2002 City Council February 2002 City Council February 2006 Coastal Commission February 2006 Coastal Commission
Coastal Commission Coastal Commission Suggested ModificationsSuggested ModificationsIncorporate Incorporate existingexistingGeneral Plan General Plan storm water protection policies into storm water protection policies into the Citythe City’’s Local Coastal Plans.s Local Coastal Plans.Incorporate Incorporate existingexistingCity SUSMP water City SUSMP water quality standards into the Coastal quality standards into the Coastal Zone Chapters of the CityZone Chapters of the City’’s Zoning s Zoning Ordinance.Ordinance.
AchievementsAchievementsIn exchange, the Coastal Commission In exchange, the Coastal Commission agreed to delete the Cityagreed to delete the City’’s existing s existing prohibition on winter grading activities prohibition on winter grading activities ––(Oct. (Oct. ––March) in the Coastal Zone. March) in the Coastal Zone. Carlsbad is one of the first coastal cities in Carlsbad is one of the first coastal cities in San Diego County to have their Storm San Diego County to have their Storm Water regulations approved by the Water regulations approved by the California Coastal Commission. California Coastal Commission.
RecommendationRecommendationThat the City Council introduce the That the City Council introduce the ordinance approving ZCA 01ordinance approving ZCA 01--08(A) and 08(A) and adopt the resolution approving LCPA adopt the resolution approving LCPA 0101--15(A) to accept and administer the 15(A) to accept and administer the California Coastal CommissionCalifornia Coastal Commission’’s s suggested modifications.suggested modifications.