HomeMy WebLinkAbout2008-11-18; City Council; 19634; Drainage Master PlanCITY OF CARLSBAD - AGENDA BILL
19.634AB#
MTG. 11/18/08
DEPT. Clerk
CITY OF CARLSBAD
DRAINAGE MASTER PLAN
MCA 07-01 AND ZCA 07-04
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-004 amending Title 15, Chapters 15.04 and 15.08 of the Carlsbad
Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage
Master Plan (MCA 07-01); and,
Adopt Ordinance No. CS-005 amending Title 21, Chapters 21.38, 21.203 and 21.205 of the
Carlsbad Municipal Code, by deleting references to the Master Drainage Plan adopted in
1994 and the Model Erosion Control Ordinance and adding references to the City of Carlsbad
Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan
(ZCA 07-04).
ITEM EXPLANATION:
Ordinance Nos. CS-004 and CS-005 were introduced and first read at the City Council
meeting held on November 4, 2008. The second reading allows the City Council to adopt the
ordinances. Ordinance No. CS-004 will become effective sixty days after adoption.
Ordinance No. CS-005 will become effective no sooner than thirty days after adoption but not
until approved by the California Coastal Commission. The City Clerk will have the ordinances
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,627 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-004.
2. Ordinance No. CS-005.
DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
'UDan
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
EXHIBIT 1
1 ORDINANCE NO. CS-004
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING CARLSBAD MUNICIPAL CODE, TITLE 15,
3 CHAPTER 15.04 AND CHAPTER 15.08 UPDATING THE PLANNED
LOCAL DRAINAGE AREA FEE PROGRAM
4 CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
CASE NO: MCA 07-01
5
The City Council of the City of Carlsbad California, does ordain as follows:
6
SECTION 1: That Title 15, Chapter 15.04 of the Carlsbad Municipal Code is amended
7
by the amendment of Section 15.04.020 L. to read as follows:
8
L. "Drainage master plan" means the report entitled City of Carlsbad Drainage Master Plan,
9 dated July 2008, and any supplements, amendments, revisions or modifications made thereto
as may be approved by city council resolution.
10
SECTION 1: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the amendment of Section 15.08.010 to read as follows:12
15.08.010 Purpose.
(a) This chapter imposes a planned local drainage area fee to pay for various planned local
drainage facility improvements within the city. The amount of the fee is based upon engineering
14 analysis and has been calculated to be equal to or less than the cost of the planned local
drainage facility improvements as described in the drainage master plan.
(b) This chapter is necessary to ensure the completion of planned local drainage facility storm
drainage, flood control and water pollution control improvements in a timely manner concurrent
with the need for such improvements. The construction of the planned local drainage facility
improvements funded by this fee will help ensure compliance with the city's growth
*' management standards relating to drainage facilities and with the water quality improvement
requirements of the municipal permit.18
SECTION 2: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the addition of Section 15.08.015 to read as follows:
15.08.015 Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in this
section:
A. "Impervious surface" means any surface which cannot be effectively or easily penetrated by
water. Examples include conventional pavements, buildings, non-porous concrete and asphalt
walkways, driveways, patios and building foundations and rock outcroppings. For purposes of
this chapter any soil surface whether highly compacted or not shall not be considered an
impervious surface.
25 '"III
III
III
27 '"
28
EXHIBIT 1
1 SECTION 3: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
2 by the amendment of Section 15.08.020 to read as follows:
3 15.08.020 Prohibition of development.
Except as provided in this section, no final or parcel map shall be approved nor shall any
4 building permit or occupancy permit for any project be issued and no person shall build, use or
occupy any project, without first paying the planned local drainage area fee established by, or
5 otherwise complying with, this chapter. The following projects shall be exempt from the
requirements of this chapter:
6 (a) Projects located on sites which have been previously developed with a permanent
commercial, industrial or residential structure which do not increase the impervious
7 surface area of the respective property by fifty percent or more and which do not
contribute to any increase in the 100-year runoff value to any required planned local
8 drainage area improvement located downstream of the proposed project. The fifty percent
criteria shall be measured cumulatively for multiple discreet project applications covering
9 the same property where such applications are filed within two years of one another.
(b) Projects involving remodels or additions that do not increase the building footprint by five
10 hundred square feet. The five hundred square feet criteria shall be measured cumulatively
for multiple discreet project applications covering the same property where such
1 applications are filed within two years of one another.
(c) Projects located on property which was subdivided after October 16, 1980, and for which
12 the subdivider for said property paid or received credit for payment of any PLDA fees.
(d) Projects by public agencies or entities.
SECTION 4: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended14
by the amendment of Section 15.08.030 to read as follows:15 y
15.08.030 Application requirements.
In addition to any other requirements for a building permit authorized pursuant to Title 18 of this
code and as established by the building official, the applicant for a building permit, subject to the
17 fee payment requirements of this chapter, shall:
(a) Submit a site plan showing the existing and proposed impervious surface areas located on
the property together with a summary of the acreages of existing and proposed impervious
surface areas.
(b) Pay the planned local drainage area fee established by action of this chapter.
SECTION 5: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
21 by the amendment of Section 15.08.040 to read as follows:
22 15.08.040 Fee.
(a) The planned local drainage area fee schedule shall be established by city council resolution
and shall be considered part of this chapter.
24 (b) A planned local drainage area fee shall be paid by the owner or developer prior to the
issuance of any building permit or occupancy permit or prior to final or parcel map approval for a
project, whichever occurs first. The planned local drainage area fees shall be adjusted annually
based upon the July, 2008 Engineering News Record Los Angeles Construction Cost Index of
9335.69 based on the 1967 average = one hundred.
(c) If, as a condition of development, the project owner or developer is required to construct a
27 planned local drainage facility, then the developer may receive a credit against payment of the
planned local drainage area fee. The amount of the fee credit shall not exceed the facility cost
28
EXHIBIT 1
1 as estimated in the master drainage plan plus the adjustments provided for in subsection (b) of
this section. If the cost of the planned local drainage facility installed by the developer exceeds
2 the amount of the fee credit established by this subsection the developer is eligible for
reimbursement on the balance of the facility costs pursuant to Section 15.08.080 of this chapter.
3 (d) The drainage fee paid for each property subject to this chapter shall be based upon the
gross property acreage (including easements and not more than thirty feet of the fronting street
4 right-of-way measured at right angles to the property line along the full extent of the street
frontage) less any area of constrained land as it may be defined in Section 21.53.230 and based
5 upon the runoff potential for the respective general plan designation for the property. The runoff
potential for each land use designation shall be as indicated within Appendix C of the drainage
6 master plan.
(e) The applicant for a building permit may request adjustment of the PLDA fees specified in this
7 chapter upon submittal of a written request to the city engineer. The request should include an
explanation of the reason for the requested adjustment and any documentation in support of the
8 request. Upon review of the request, the city engineer shall determine whether to approve or
deny the requested adjustment in accordance with the following provisions:
9 i. When portions of the project have slopes greater than 25 percent and less than 40 percent,
as defined in chapter 21.95, one-half the fee for those portions may be waived. The criteria for
10 waiver should be that the slope is undisturbed and has a flourishing cover of native vegetation;
that the owner irrevocably covenants with the city to maintain the slope as open space; and that
the sloped area has not been used to compute more than one-half of an area equal to the
sloped area used to establish the maximum development density of the project.
12 ii. The increment of a project that is replacing a building destroyed by accidental fire or natural
disaster may be considered to be deducted from the valuation of the project PLDA fee.
iii. Structures that will not be in place from November 16 through April 14 of any year are
considered temporary for the purposes of this chapter. Temporary buildings may have the
payment of PLDA fees reimbursed without interest when they have been removed and when the
areas under and appurtenant to them are restored to their natural hydrologic condition.
Appurtenant areas include parking areas, walks, activity areas and other areas accessory to the
use of the building. Structures and appurtenant areas that have not been removed between any
period from November 16 through April 14 during their existence are not eligible for
reimbursement of any portion of the PLDA fee.
*' iv. The project includes Low Impact Development (LID) or hydro-modification features, as such
features are described in the City's Standard Urban Storm Water Mitigation Plan, or other
design features that reduce the 100-year flood runoff values in the post construction condition to
such an extent that the runoff values are reduced to the level consistent with a project with a
lesser runoff level. For example, a project with a high runoff value that installs LID features that
result in runoff values that equate to a medium runoff level would result in a fee reduction from
the high level to a medium level. In no case, however, shall the fee be reduced below the fee
, 1 imposed for the low runoff level.
The decision of the city engineer may be appealed to the city council pursuant to section
22 15.16.160 of this Title.
SECTION 6: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
24 by the deletion of Section 15.08.050.
SECTION 7: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the amendment of Section 15.08.060 to read as follows:
27 H
28
EXHIBIT 1
1 15.08.060 Use of fees.
Drainage area fees collected hereunder shall be segregated according to their source and
2 deposited into a planned local drainage area facility fund established for each planned local
drainage area and the funds therein and interest accruing thereto shall be expended solely for
3 the construction of or for reimbursement for construction of planned local drainage facilities
within the respective planned local drainage area. All of the fees collected shall be expended
4 solely to build or finance planned local drainage facilities serving the city.
5 EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its adoption; and
6 the City Clerk shall certify the adoption of this ordinance and cause a summary to be published at
7 least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after
8 its adoption.
9 ///
10 ///
11 ///
12 ///
13 ///
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 //
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 4th day of November. 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 18th day of November. 2008, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
D R. BALL, City Attorne
, Mayor
ATTEST
M. WOPQ), City Clerk
>C *•_* .* ., a c k •. ^T j. x-
1 ORDINANCE NO. CS-005
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21, CHAPTERS 21.38, 21.203 AND
3 21.205 OF THE MUNICIPAL CODE BY DELETING REFERENCES TO
THE MASTER DRAINAGE PLAN ADOPTED IN 1994 AND THE MODEL
4 EROSION CONTROL ORDINANCE AND ADDING REFERENCES TO
THE PROPOSED CITY OF CARLSBAD DRAINAGE MASTER PLAN AND
5 EXISTING ENGINEERING STANDARDS.
CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
6 CASE NO: ZCA 07-04
7 The City Council of the City of Carlsbad, California, does ordain as follows:
8 SECTION 1: That Section 21.38.141 (c) (6) of the Carlsbad Municipal Code is amended
9 to read as follows:
10 6. A site specific technical report shall be required addressing the cumulative
effects of developing each subwatershed and recommending measures to mitigate both
11 increased runoff and sedimentation. It shall be reviewed and prepared according to the City of
Carlsbad Engineering Standards and provisions of the Local Coastal Program, with the
12 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.
14 SECTION 2: That Section 21.203.040 (B.) (1.) of the Carlsbad Municipal Code is
amended to read as follows:
1. Buena Vista Lagoon. Developments located along the first row of lots bordering
Buena Vista Lagoon, including the parcel at the mouth of the lagoon, shall be designated for
1' residential development at a density of up to four dwelling units per acre. Proposed
development in this area shall be required to submit topographic and vegetation mapping and
analysis, as well as soils reports, as part of the development permit application. Such
information shall be provided in addition to any required environmental impact report, and shall
be prepared by qualified professionals and in sufficient detail to locate the boundary of wetland
and upland areas and areas of slopes in excess of twenty-five percent. Topographic maps shall
be submitted at a scale sufficient to determine the appropriate developable areas, generally not
less than a scale of one inch equals one hundred feet with a topographic contour interval of five
feet, and shall include an overlay delineating the location of the proposed project. The lagoon
22 and wetland area shall be delineated and criteria used to identify any wetlands existing on the
site shall be those of Section 30121 of the Coastal Act and based upon the standards of the
local coastal program mapping regulations. Mapping of wetlands and siting of development shall
be done in consultation and subject to the approval of the Department of Fish and Game.
Development shall be clustered to preserve open space for habitat protection. Minimum
setbacks of at least one hundred feet from wetlands/lagoon shall be required in all development,
in order to buffer such sensitive habitat area from intrusion. Such buffer areas, as well as other
open space areas required in permitted development to preserve habitat areas, shall be
permanently preserved for habitat uses through provision of an open space easement as a
condition of project approval. In the event that a wetland area is bordered by steep slopes (in
27 excess of twenty-five percent) which will act as a natural buffer to the habitat area, a buffer area
of less than one hundred feet in width may be permitted. The density of any permitted
28
EXHIBIT 4
1 development shall be based upon the net developable area of the parcel, excluding any portion
of a parcel which is in wetlands or lagoon. As specified in subsection A of this section, a density
2 credit may be provided for that portion of the parcel which is in steep slopes. Storm drain
alignments as proposed in the City of Carlsbad Drainage Master Plan which would be carried
3 through or empty into Buena Vista Lagoon shall not be permitted, unless such improvements
comply with the requirements of Sections 30230, 30231, 30233 and 30235 of the Coastal Act by
4 maintaining or enhancing the functional capacity of the lagoon in a manner acceptable to the
State Department of Fish and Game. Land divisions shall only be permitted on parcels
5 bordering the lagoon pursuant to a single planned development permit for the entire original
parcel.
6
SECTION 3: That Section 21.203.040 (B.) (3.) (a.) of the Carlsbad Municipal Code is
7
amended to read as follows:
8
a. All development must include mitigation measures for the control of urban runoff
9 flow rates and velocities, urban pollutants, erdsion and sedimentation in accordance with: (1)
the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
10 water mitigation plan (SUSMP) dated April 2003, and as amended, and the City of Carlsbad
Drainage Master Plan, as those documents are certified as part of the city's LCP; (2) the city's
11 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;
12 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.
SECTION 4: That Section 21.203.040 (B.) (3.) (c.) of the Carlsbad Municipal Code is14
amended to read as follows:
c. Mitigation shall require construction of all improvements shown in the City of16 Carlsbad Drainage Master 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.
2Q SECTION 5: That Section 21.203.040 (B.) (4.) (a.) of the Carlsbad Municipal Code is
~, amended to read as follows:
22 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)
23 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 City of Carlsbad
24 Drainage Master Plan, 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
25 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
26 of the project and shall be installed prior to the initial grading.
27 I"
28
EXHIBIT 4
1 SECTION 6: That Section 21.203.040 (B.) (4.) (c.) of the Carlsbad Municipal Code is
2 amended to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan and amendments to it. No subsequent amendments are a part
4 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
5 development in addition to the provisions below. Approved development shall include the
following conditions, in addition to the requirements specified above:
6
SECTION 7: That Section 21.203.040 (B.) (4.) (c.) (i.) of the Carlsbad Municipal Code is
7
amended to read as follows:
8
i. All off-site, downstream improvements (including debris basin and any other
9 improvements recommended in the City of Carlsbad Drainage Master Plan) shall be constructed
prior to the issuance of a grading permit on-site. Improvements shall be inspected by city or
10 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
11 maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the on-site improvements;
SECTION 8: That Section 21.203.040 (B.) (4.) (c.) (vi.) of the Carlsbad Municipal Code
is amended to read as follows:14
vi. Storm drainage facilities in developed areas shall be improved and enlarged
15 according to City of Carlsbad Drainage Master Plan, incorporating the changes specified in this
section. Improvement districts shall be formed for presently undeveloped areas which are
16 expected to urbanize in the future. The improvement districts shall implement City of Carlsbad
Drainage Master 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;
2Q SECTION 9: That Section 21.205.060 (a.) of the Carlsbad Municipal Code is amended
». to read as follows:
22 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)
23 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 City of Carlsbad
24 Drainage Master Plan, 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
25 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
26 of the project and shall be installed prior to the initial grading.
27 I'1
28
EXHIBIT 4
1 SECTION 10: That Section 21.205.060 (c.) of the Carlsbad Municipal Code is amended
2 to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan and amendments to it. No subsequent amendments are a part
4 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
5 development in addition to the provisions below. Approved development shall include the
following conditions, in addition to the requirements specified above:
6
SECTION 11: That Section 21.205.060 (c.) (i.) of the Carlsbad Municipal Code is
7
amended to read as follows:
8
i. All off-site, downstream improvements (including debris basin and any other
9 improvements) recommended in the City of Carlsbad Drainage Master Plan shall be constructed
prior to the issuance of a grading permit on-site. Improvements shall be inspected by city staff
10 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
11 the improvements, the developer shall maintain the improvements during construction of the on-
site improvements;12
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty (30) days after
its adoption but not until approved by the California Coastal Commission, and the City Clerk shall14
certify the adoption of this ordinance and cause a summary to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.16
17 '"
,8 *'
19 *'
20 '"
21 '"
22 "'
23 >»
24 '"
25 »l
26 '"
27 '//
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 4th day of November. 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 18th day of November. 2008, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
R D R. BALL, City Attorney
ATTEST: