HomeMy WebLinkAbout2020-03-24; City Council; ; Rescission of City Council Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50CAReview t~
(i) CITY COUNCIL
. Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
March 24, 2020
Mayor and City Council
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney
cindie.mcmahon@carlsbadca.gov or 760-434-2891
Sheila Cobian, Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2808
Rescission of City Council Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50
Recommended Action
Adopt a resolution rescinding City Council Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50.
Executive Summary
On May 23, 2017, the City Council directed staff to commence work on a comprehensive
update to the Carlsbad Municipal Code, or CMC. On July 23, 2019, the City Council created the
ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee comprised of
council members Blackburn and Schumacher to assist staff from the City Attorney's Office and
the City Clerk's Office with recommendations for the update. The City Council also expanded
the update to include City Council policies. As part of the update, the Subcommittee
recommends the City Council rescind nine City Council policies that are obsolete or conflict with
other laws.
Discussion
The subcommittee's initial workplan included identifying the City Council policies that did not
require revision and could be rescinded. The table below lists nine policies the Subcommittee
recommends the City Council rescind and the reasons for the recommendation. Rescinding the
policies requires four votes of the City Council.
Policy No. Reason for Repeal -
15 -Traffic Safety Policies and Preempted by the California Vehicle Code, CMC Chapter .
Warrants 2.28, Traffic and Mobility Commission, and Chapter 10,
Vehicles and Traffic; and the California Manual on
Uniform Traffic Control Devices
Background: This policy was established to standardize
the City of Carlsbad's traffic safety installations with the
prevailing practice in San Diego County and to provide
guidelines for handling citizens requests.
March 24, 2020 Item #1 Page 1 of 41
Policy No. Reason for Repeal
16 -Developmental Policy Preempted by the General Plan.
Relating to Critical Planning Background: This policy was created during a time the
Areas city's General Plan was under revision and there was not
enough information for staff to process development
applications due to inadequate health/safety
information. The policy provided staff with the authority
to stop processing applications until the General Plan
revision was completed or the policy was rescinded by
the City Council.
23 -Open Space Maintenance Superseded by the Growth Management Plan, the Open
Districts Space Management ~Ian, the Local Coastal Plan, and the
Habitat Management Plan.
Background: This policy was created before the
programs/plans listed above were developed and
approved by the City Council.
24 -Establish Administrative Obsoleted by California Government Code 39650 et. seq.
Fees/Weed Abatement [Weed and Rubbish Abatement Alternate Procedures]
29 -Interim Agricultural Policy Superseded by Title 21 of the CMC, the Land Use Element
of the General Plan, the Local Coastal Program, and the
Agricultural Mitigation Fee Program.
Background: This policy was created as an interim policy
addressing those lands that were not designated in the
General Plan.
31-Incentive Awards Program This program in this policy has not been used for several
for Energy Conservation Ideas years. There is no city employee Energy Conservation
Committee. In 2006, City Council Policy No. 71 was
adopted and further outlined efficient energy reduction
requirements pertaining to city operations and city
facilities. The city has also since adopted a Climate
Action Plan and an additional energy conservation
ordinance.
42 -Reclaimed Water Use Obsoleted by Carlsbad Municipal Water District (CMWD)
Ordinance No. 43.
March 24, 2020 Item #1 Page 2 of 41
Policy No. Reason for Repeal
46 -Solid Waste Management Superseded by CMC Chapter 6.08 -Solid Waste, and the
Sustainable Materials Management Plan adopted in
August 2019.
Background: City Council Policy No. 46 was adopted to
implement the California Integrated Waste Management
Act of 1989.
50-Mandatory Recycling Superseded by CMC Chapter 6.08 -Solid Waste, and the
Program Enforcement Sustainable Materials Management Plan adopted in
August 2019.
The subcommittee is continuing to review the CMC and City Council policies and will be
bringing forward additional recommendations at future City Council meetings.
Fiscal Analysis
The existing FY 2019-2020 budgets for the City Attorney's Office and City Clerk's Office include
sufficient funding for.the cost of rescinding the referenced City Council policies.
Next Steps
The resolution will be effective upon adoption. No further action is required.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, the recommended actions do not constitute
a "project" within the meaning of CEQA because they have no potential to cause either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and, therefore, do not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution
March 24, 2020 Item #1 Page 3 of 41
RESOLUTION NO. 2020-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RESCINDING CITY COUNCIL POLICY NOS. 15, 16, 23, 24, 29, 31,
42, 46 AND 50.
Exhibit 1
WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California, determined the
Carlsbad Municipal Code requires revisions and amendments and a comprehensive update to the Code
is necessary to improve clarity and consistency as well as to reflect current legal and professional best
practices; and
WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the
Code update; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc
Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with
the update and to expand the update to include both the Code and City Council Policies; and
WHEREAS, the Subcommittee recommends the City Council rescind Policy Nos. 15, 16, 23, 24,
29, 31, 42, 46 and 50 because they are obsolete or conflict with other laws; and
WHEREAS, the City Council agrees with the Subcommittee's recommendation and has
determined that City Council Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50 (attached hereto as
Attachment A) should be rescinded.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. The above recitations are true and correct.
2. City Council Policy No. 15, Traffic Safety Policies and Warrants, is rescinded.
3. City Council Policy No. 16, Developmental Policy Relating to Critical Planning Areas, is
rescinded.
4. City Council Policy No. 23, Open Space Maintenance District, is rescinded.
5. City Council Policy No. 24, Establish Administrative Fees/Weed Abatement, is rescinded.
6. City Council Policy No. 29, Interim Agricultural Policy, is rescinded.
7. City Council Policy No. 31, Incentive Awards Program for Energy Conservation Ideas, is
rescinded.
8. City Council Policy No. 42, Reclaimed Water Use, is rescinded.
9. City Council Policy No. 46, Solid Waste Management, is rescinded.
March 24, 2020 Item #1 Page 4 of 41
10. City Council Policy No. 50, Mandatory Recycling Program Enforcement, is rescinded.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24!h day of March 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher
None
None
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March 24, 2020 Item #1 Page 5 of 41
f_
PROPOSED
TRAFFIC SAFETY POLICIES
AND WARRANTS
CITY OP CARLSBAD
MAY 1972
•. I
March 24, 2020 Item #1 Page 7 of 41
/ \
I
( __
NUMBER
l
2
3
4
5
6
7 .
TABLE OF CONTENTS
TITLE
THROUGH HIGHW'AY ROUTES ·
PEDESTRIAN CROSSWALKS
SPEED LI.MIT REGULATIONS
2-WAY STOP CONTROL
4-WAY STOP CONTROL
CENTERLINE STRIPING
TEMPORARY ROAD CLOSURES
.....
SOURCE PAGE NO.
County Road Policy 2
·City of San Diego 3
County Road Poliqy ~ ll
City of San Diego 13
City of San Diego 14
Coun_ty Road Policy 17
County Road Policy 19
-..
,.
March 24, 2020 Item #1 Page 8 of 41
I i ·{ .--
MAY,. 1972
POLICY NO. 1
THROUGH HIGHWAY ROUTES
Through Highways, as defined by Section 600 of the Cali-
fornia Vehicle Code, shall be established on arterial and major
roads carrying ·predominantly through-traffic, as evidenced by
minimum average daily traffic volumes of 500 to 1000 vehicles,
..
or on collector roads and streets carrying in excess.of 1000
(-vehicles per day, particularly where an analysis of reported
'
..
accidents indicates a need for route control of crossing con-
flicts •
.Upon ~stablishment and signing of an arterial Through
Highway, all intersecting traffic is required by law to stop
before ~ntering or crossing •
March 24, 2020 Item #1 Page 9 of 41
(
I ·\,,.--
-·
MAY, 1972
...
POLICY NO. 2
PEDESTRIAN CROSSWALKS
.2.10 Purriose
The pUYpcse c:f a c.ar·ked crossw2lk is to inforr.t drivers of a high i:;edestrian
. f'low · or ar.. U."'lU.St:al crossing locatio:., a!!d -to guid~ pedestrians by providing
a. na!"ked -area ir. which to cross. The pur-pcse of these ·warrants is to
estab~ish ::.i~i::11X!l criteria for the install-a.t,ion of r:'.arked c::-ossvalks so
that they r;sy provide the greate5t possible be~efit to both drivers and
pedestria!'-S.
,2.ll Lcea1 Iief:initions a:!d Right of Way Control
•
!rhe follmring excerpts f"ro~ the 0--..:.li.fornia Vehicle Code and the Sari Diegq
. Munici?-1 Code are pertinent to these warrants: .· ·-.. c.v.c. 275. ncrosswalk" is either: •. ..
;,.
· · (a) That portion of a road.~:ay included. ·within the prolongaticn. or connecti!)n'
_ of' the bou:ida:y li!:.es of sid.eirralks at inte!'secti_o!"..s whe?"e the inter:-.
_secti.ng ro.:id.:-:-a.ys .:.eet at ap;iro.xi:ia-tely. rig.ri.t angles, except the. prc!.o:n~a-
~ion of ~uch lines fro~ ar-alley across a street. · . .
{b) A.rry portion of a ::-ced1-ray disti~ctly indicated tor pedestrians crossing
by lines or other c:==.rki!1gs on t!:e surface. .
C.V.C. _21950. Right o'f ·way at crosswalks:·
· (a) The Driver of a vehicle shall yield the :right.:.o:r-·way-.-to a pedestz-;_an · ·
crossing the road,r~y ,-;i't.hin any C!.:!!'kec.·· c;rozswaL1< :,r vi thin any u,r,_:::iarked
crosswalk at an intersection, except as otherw:ise provided in. tr.is
. -chapter. ·
:No pedestrian si-:all suddenly leave a ct:rb or othe:::r;-. pla:::e of safety ar..d
-walk. or run i:1to thc.1}ath of' a vehicle ·w'hich is to· close as to·
constitute an i~..::lediate hazard.
C.V.C. _219~4-Pcdestriaru; outside crossvalks:
.
(a) Every pedestrian upon a road'W!:ly at ar.y point other than vithin a 1713rkcd ·
cross'w"alk or ui thin an u..--1rr..:1rked crosZ\..!alk ::i. t an intersection shall yield
the riBht-of->1ay to all vehicles· upon the roadway.
C.V~C. 21955. Crossing bctveen controlled intersections:
_ Det~cen ndjacc~t intcr:;cctio~~ controlled by t~ffic cont~ol zicnal device=
• or by_ police of:iccr~,. ~edcstri:ins shall not eras::; the r~dt--13.y at any~place
except in n cro:;::;~:~lk.
March 24, 2020 Item #1 Page 10 of 41
.,
s. D. M. c. 83.03 Iriterfering with traffic:
/--It shall be unlawful for any person to stand in any road-
way, other than in a safety zone or in a crosswalk, if-. such
action interferes with the lawful movement of traific.
2.12 General ·
When justified and p~operly located, a markea pedestrian cross-
walk may achieve the following results:
A. Call the driver's attention to a high pedestrian flow or
an unusual crossing location~
B. Point out to the pedestrian the safest crossing path •
. c. Limit pedestrian cr~ssings to specific locations.
Unjustified-or poorly located marked crosswalks may:
A. Increase accident frequency by lulling both pedestrians
and drivers into a false sense of security.
B. Create general disrespect for all traffic control devices.
c. Result in unnecessarily high painting and maintenance·
costs to the City.
2.13 General Policy
By legal definition there are three or more unmarked crosswalks
at every intersection. The City does not normally install a
marked crosswalk across an intersection approach where more re-
strictive traffic control devices, other than traffic signals,
are in use. such devices include st'op signs.and yield. signs ..
However, a crosswalk may be marked at a controlled intersection
if an unmarked crosswalk would not be clearly discernable due
to peculiar geometrics or other unusual physical conditions_
i ~arked ~idbloc~ crossw~lk mai be installed when·warr~nted on
the basis of sound enginee~ing judgment. The length of the
block between intersectlons should be no less than 1,000 feet.
The.re must be a reasonable demand by pedestrians to cross within
a conccntr_atcd area no less than 400 feet from the nearest inter-
section.. There must be a high pedestrian. volume generator·
nearby.
March 24, 2020 Item #1 Page 11 of 41
APPENDIX OUE · ..
Survey Methods and Field Form.
· I. Survey t-lethods . ·-.:.
.A. Perso:ine 1 . reouirer::.ents: · One man.
B. Duration of s1J..rve~r: Or..e hour during the morning or ~vening peak period
of vehicle t::-avcl.
C. :£quip::-tent:· Stop 1-1atch (in seconds) and warrant field forns.
D. Type of Survey:
l.. 10~ pedestrian co~t ·within the cross1ctaLlc area under study during
the~ cinute pe~iod.
.
2.. 10~ recordL"lg of unimp~ded vehicle gaps during the same 60 minute
period.
a. Ea.ch gap that is equsl to or ~xceeds t:ie calculated pedestri~
. crossing ti::te is defined as a "Uscc.!:>le Ga.;> Time 11
, and is .
... entered on the warrant fiel.! fori!i. as such.
. . . 3-Speed study using the ~loating car technique, or radar speed study.
JI. Use of the Crosswalk l:2.rrant Field. For-ii
A. ·co~pute the Ped~stri~n·crossing Tit:e and enter the figure (in seconds)
in the appropriate space.
c.
Begin the gap time recording by entering on the fie~d sheet the length
{in seconds) of those gap ti~es equal to or exceeding the calculated
pedestrian crossing ti~e.
Total the Usable Ga9 Ti~e in seconds~ and compute the average number ·o£
gaps per five minute period.
· ·n. Record the one hour pedestrian volu:ne, the approach-speed, and existing
general conditiona, including the three year pedestrian accident
history.
E. B:lsed on each -warrant, assign the nuober of points allo~able.
March 24, 2020 Item #1 Page 15 of 41
,,-_ r,. ,' ....
· CITY or 1BAD CALIFORNIA . ENCi:-.: EE Rl:-.v ,.,c PART 1.1~NT PATE ,:IUMMARIZEO ev TR
TRA:--lSPORTATION l TRAHIC ENGINEERING DIVISION. .
SUMMARY SKETCH: •
~ ... ~
:_: Pcdcstri.in Crossing Time: .
·. .
\\'idth of street = = . 4 ft. per second 4-. . ..
Averoge Number Gnps Per Five Minute Period: I .
Total Us?.b!e Gnp Time in Sec:. .. ·--Ped. Crossing Time x 12 . . '
One Hour Pedestrian Volume:
Legal Approach Speed: .
General Conditions: . , ..
.
\ ..
. . • .
. . ' . . .. ' . . . ; .. _
.
MAXIMUM •' WARRANTS POINTS POINTS .
, ..
1. Gap Time · .10 ' . . .
, .
2. Pe:<lcstrian Volumes 5 ' ' . ' ..
3. ;\ppronch Speed 5 ' .. . , . .. . .
, . '. . i1.. G1incrnl Conditions . 5 . ..
' ,
( Total' . 25 ( ( . . '
............. ,-..... "!, ..
March 24, 2020 Item #1 Page 16 of 41
-
,, . .
L0.':AT.rON: .. .
DATE; DAY: WEATHER:
RECO~DED BY: .
f-F I EL 0 OAT A -
,USABLE USASLE USABLE USABLE US.\3LE GAP TIME GAP TIME GAP TIME GAP TIME GA? T J~.:c'. TIME . {SEC.) T IMC: (SEC.) TIME {SEC. I TIMS. (SEC.} TIME (SEC~)
.. .
.
. . .
.
TOTAL
I PEDESTRIAN COUNT .
_,~
-! -
.
.
. . . . .
. .
. . -
. . ·.
TOTAL
1.EMARICS: . .
:
. . -. -,
-
i
March 24, 2020 Item #1 Page 17 of 41
MAY, 1972
(_ POLICY NO. 3
(_
SPEED LIMIT REGULATIONS
The Traffic Engineer may post prima-faqie 2~ mph speed limits as
specified under California Vehicle Code Section 22352 (b) in .valid
Business and Residence Districts on identification of speed related
. problems I except on ·established throug}:1 highways carrying in excess
. -
of 2000 vehicles per day. On such through highways, including
arterial roads, major roads, and collector streets, realistic speed
limits shall be established by action of the_ City Council on the
basis of an Engineering and Traffic Suxyey as provided for in Section
22357 of the California Vehicle Code.
On City roads and highways carrying in excess of 2000 vehicles
. per day, and which do not qualify as valid residence or business
dis't:ricts, the c ·ity Council shall establish realistic pr:ima-facie
limits. Such limits shai1 be determined by the Traffic Engineer on
the basis of an Engineering and Traffic Survey as provided in Sec-
..
tions· 22358 and 22358. 5 of the California Vehicle Code. Where .such
-prima-facie limits are established, "Reduce Speed Ahead" and/or
"End Speed Zone'.' signs may be_ used to i~entify the post_ed limit.
The Engineering and Traffic Survey shall follow a method estab-
listed by· the State of California, Department of Public Works and
.-shall be subject to the provisions of the Calif.ornia Vehicle Code.·
The survey includes a review of roadway characteristics such as
alignment, grade, and roadside development; an inventory of existing. March 24, 2020 Item #1 Page 18 of 41
( traffic contrbls: a review of prevailing vehicle speed~, pedestrian -
(_
r
movements, and traffic volumes~ ·and an analysis of the road~ay's
-i
accident history.
March 24, 2020 Item #1 Page 19 of 41
-·
.MAY, 1972 .
POLICY r:.;o; 5
4-WAY .STOP C01.\l1J'ROL
. s.1 Purccse
A fully-justified, prop~rly installed four-way ston can effectively
assign right-of-way, reduce ve~icle c.el~1y a:-id decre2.se 2.ccidents.
Ge~1e2·ally, a. fou~-wa.y st.op j_ s reserved .for use at the intersection
of b·,o throu:{h-highw<!ys, c>-nd onl:r as ~ interir!l traffic co~t:rol
measure prior to signalization.
s.2 Genera1
The posting of an intersect.ion for four-way stop. control .should be_
based on factual data. Included are: Thro~gh street conditions,
accident records, tra.f!'ic and pedestrian volu.liles, and unusual
conditions such as proximity of schools, fire stations, etc. Points
are assigned to ea.ch-of these c:::-iteria.. The total possible points
is _2Q.: The instal.la.tion of four-way stop control is justified ~'i th·
a total of 23 points. --
Pri.m.ary ~-T~rrant
One of the streets at an intersection n:ust be a through highway
before the intersection can be considered· for four-way stop control.
A,. I:f street is a·through highway -0 p0ints •.
B. If both street$ are through r.J.ghways -5 ·points.·.
5 .4 Accident W2..rr2.nt
Two points are assigned for each accident susceptible to correction
by four-way stop control curing one full year prior to the investi~
g.:i.tion. H.rt:ci.mt.."U 20 points.
5 .5 Unusu~l Cons.iticn· ';!2.rrant
Where unusu,11 conditions cxi st, ruch-2.s a school, fire st2.tion,
plzygrour1d, steep till~ ct.c~, !:ointz are aGsi~ned on the basis of
enginccrinG jud~rncnt. A_schco~ location in it5clf, is not
sufficient jt:stificz.tion for a. four-1-,a.y stop in!;;tclll.&.tion.
Ha.xi.mum 5 point:J. March 24, 2020 Item #1 Page 21 of 41
(_
'
5,6 Volu~e ';fa:--rc?...'1.t
A. Total entering vehicle ·volume r.,ust ec_utl ·2,CO0 vehicles for
four high est hours in average ilily.
.. B. !';ini:nu:n side street volurne :nust equal 680 vehicles during
same four-hour p<:!riod. ·
.Points shall be as!Jigned in accorda.."lce '.·d. th the follo•.-;ing
tables:
Mai or An~ ;:o ach Minor Aop1":'.> e.ch
Li--Hour Yolu."'!',e Points li.-Hour Volu.,:,e P0ints
0 -1400 0 600 -aoo l.
1401 -1700 l 801 -1000 2·
1701. -2'.JCO 2 1001 -1200 3
2001 -2300 3 1201. -14.CO 4
2301 -26oo 4 1401·-16CO 5
2601 -2900 5 1601 -H~OO 6
290J. -3:::.CO 4 1801 --2COO 7
,3Z>l -3500 3 Z)Ol -2200 8
3501 -JSCO 2 2201 -2400 9
,3801 -4100 · 1 2401 -over 1d -·
4101 -o-vcr 0
.. ..
-13-March 24, 2020 Item #1 Page 22 of 41
MAY, 1972
.
POLICY NO. 6
CENTERLINE STRIPING
Centerline striping will be inst~lled and maintained at City
expense on the following categories of streets and roads in the City"
maintained system~ subject to the availability of manpower and funds:
l. All ~treets having four or more driving lanes.
2 •. All 2-lane collector roads with pavements narrower than
20 feet but wider than 16 feet carrying an average daily
traffic volume of 500 vehic_les.
3. All principal recreational access routes.
4. All other locations where the reported accident records
indicate an unmistakable problem susceptible to correction
or alleviation by centerline striping.
5. All other locations subject to sporadic severe visibility
reductio~s from fog and:
6.
a. The alignment of the roadway is winding.
b. The·re is little or no roadway shoulder area.
c. The area ·which the road traverses can generally be
classified as hilly or mountainous.
All other locotions subject to sporadic severe visibility
~
reductions from fog, and having an ~veragc aaily traffic in
excess of 500 vehicles per day.
March 24, 2020 Item #1 Page 24 of 41
i ; -
7. All specific spot locations such as appr6aches to inter-
sections, extreme vertical and horizontal· curvature,· and
..
crosswalks where _it is necessary to ·alert the motorists
of an unusual condition not readily apparent.
s. All other locations where the reported accident records
indicate a problem susceptible to correction or allevia-
tion by centerline striping.
Centerline striping shall not be installed and maintained at
county expense on streets failing to qualify under one or more
of the above warrants; provided, however, the City''.will pro-
1
vide such striping at local expense, based on fifty dollars
.($50.00) per mile of broken yellow centerline, when a respon-
sible agency or association guarantees the payment for the
installation, maintenance and periodic replacement of such
striping.
March 24, 2020 Item #1 Page 25 of 41
·c(··OF CAR_L.SB_AD ...
COUNCIL P~OL.ICY STATEME-tl;f. ·: ..
Genera1 Subject: ADMINISTRATION
I Spec i f i c Subj e ct : Deve 1 opmenta 1 Po 1 icy Relating
to Critical Planning Areas
Policy No. 16
D a t e I s s u e d '~ u q • 2 3 • l 9 7 3
Effective Date Auq.21.197
Cancellation Date*
Supersedes No. I C . op1es to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin. Boards, Press, File
BACKGROUND:
Recently the City Council has had occasion .to deny applications for developmental
entitlements because specific questions relating to circulation, flood control
and density allocations arising·;n connection with the applications could not be
answered due to inadequate information available to the City. The City has under-
taken an extensive General Plan revision to insure adequate information is available
in evaluating applications and to insure a comprehensive and effective planning
program for the City of Carlsbad. Certain areas of Carlsbad with one or more of the
above problems have been identified by the City as "Critical Plannir.g Areas".
Critical Planning Areas are·defined as those areas of the developed portions of .
the city having adverse circulation conditions, areas that may be subject to flooding
and developments involving an increase in density or an alteration of land use from.
those specified in the existing General Plan.
The Council has detennined that it is necessary to insure that appropriate
solutions are available to problems presented by an application for development
within a Critical Planning Area prior to-making a decision on the· application.
RPOSE:
To insure that adequate plans and programs .are available and implemented within·
the City of Carlsbad in processing developmental activity in order to protect the
health, safety.and general welfare and insure an effective planning process.
POLICY:
It.is the policy of the City Council of the City of Carlsbad that before any
decision is made on applications for developments located within a Critical Planning
Area that satisfactory plans and programs be presented to· insure the maintenance
and development of an orderly, effective and comprehensive planning· process and to
insure that the health, safety and welfare of all the residents of the city is
protected.
-. In order to implement this policy. the City Council finds it necessary to
~ncourage all applicants for projects located in any of the Critical Planning Areas
to withhold their applications until the revised General Plan d3ta is available to
the City. In evaluating any such application submitted, the Council will be reluctant
to give approval pending adoption of the revised General Plan and a resolution of
the other problems discussed herein. The City Council also finds it necessary to __ I discontinue the processing of all applications for pre-annexation zone c.hanges for
residential development not now scheduled for public hearing before the Planning
Commission qr City Council. The City contemplates that the General P.lan revision ~
will be complete by January 1, 1974. Therefore~ this policy will remain in effect/
until that date unless rescinded .by council action prior to that date.* \
March 24, 2020 Item #1 Page 28 of 41
·-
CITY OF CARLSBAD
COUNCIL POLICY STATEiIBNT
G,~:.neral Suoject:
Specific Subject:
OPEN SPACE
OPEN SPACE MAINTENANCE
DISTRICTS
Policy No. 23 page 2 of 4
Dct te Is'.:...;ued 8/2/83
Effective Date 8/2/83
Cancellation Date
Supersedes No. 23 (1/5/77}
Copies to: City Council, City Manager., City Attorney, Department and
Division Headsr Employee Bulletin Boards, Press., File
DEFINITIONS
Open Space Maintenance Areas: Land and water areas within subdivisions,
specific pla.ns, or planned· communities which are dedicated in fee to the
City or upon which easements for open space purposes have been granted,·
excluding the following: City parks to be mairitained out of the general
funds of the City; prime open space and conservation areas identified in
the Carlsbad General Plan: private recreation areas not open to the
public~
Maintenance District: A district to provide maintenance of open space
maintenance areas formed pursuant to the 11 Landscaping and Lighting Act of
197211 (Section 22500 et seq. of the Street and Highway Code).
Maintain or Maintenance: The furnishing of services and materials for
the ordinary and usual maintenarice, operation, and servicifig of any
improvement, including:
(a) repair, removal or replacement of all or any part of any
improvement.
(b) providing for the life, growth, health, and beauty of landscaping,
including cultivation, irrigation, trimming, spraying,
fertilizing, or treating for disease or injury.
(c) removal of trimmings, rubbish, debris, and other solid waste
(Section 22531, Street and Highway Code).
Public Places: One or any combination of the following:
(a) Any public street, highway, road, alley, lane, boulevard, parkway,
or other way dedicated to or used for public use.
(b) Any public property, right-of-way, or leasehold interest which is
in use in the performance of a public function and which adjoins
any of the ways described in s~bdivision (a) (Section 22535,
Street and Highway Code).
CRITERIA FOR ESTABLISHING DISTRICTS:
The City Council will consider the creation of a ·maintenance district
pursuant to the tandscaping and Lighting Act of 1972, or the annexation
of addtional territory to an existing district under the -following
conditions:
1. The area to be maintained is a public place as defined herein.
March 24, 2020 Item #1 Page 30 of 41
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: WEED ABATEMENT
Specific Subject: Establish Administrative
Fees
Polic No.24 P . l of l
Date Issued 12/8/81
Effective Date 12/8/81
Cancellation Date
Supersedes No.24 of
10/28/80
Copies To: City Council, City Manager, City Attorney, Department Heads,
Press, .File
PURPOSE:
To establish a uniform method for the assessing of administrative fees
for the abatement of weeds on private property by the City or it's
authorized agent.
BACKGROUND:
Council approved Policy Statement No. 24, effective 10-28-80, regarding
the method of assessing fees to recover administrative costs associated
with the Weed Abatement Program. Essentially, two fees were estab-
lished.
1. A $12 .00/parcel charge for those who choose to designate the City
as their agent.
2. A $75.00/parcel charge for those who do not abate their parcels
on their own or who do not designate the City as their agent.
The Fire Department has recently acquired responsibility for the Weed
Abatement Program and is making changes in the way the program is
operated.
STATEMENT OF POLICY:
The City will recover a portion of the Administrative costs, direct
and indirect, incurred by the operators of the Weed Abatement Pro-
gram. The total cost of the program will be calculated at the end
of each cleaning cycle. The costs attributable to those lots
requiring cleaning by the City or it 1 s authorized agent will be
collected from the owners of those parcels. Those costs attribu-
table to those parcels which did not require cleaning by the City
or i-t 1 s authorized agent will not be recovered.
The maximum administrative charge shall not exceed $125.00 per
individual parcel.
March 24, 2020 Item #1 Page 33 of 41
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: AGRICULTURAL POLICY
Specific Subject: Interim AgricuJtural Policy
Policy No. 29
Date I~sued 9-2-80
Effective Date 9-2-·80 t Cancellation Date
Supersedes No. .
Copies to: City Council, City Manager, City Attorney, Department and·
Division Heads, Employee Bulletin Boards, Press, File
PURPOSE:
To establish an interim policy for the use of land which is•not designated
as aJricultural in the General Plan.
STATEMENT OF POLICY:
It is the policy of the City Council to eftcourage productive management of
Carlsbad's natural resources. This policy includes the temporary agri-
cultural use of land which is not designated as agricultural in the
General Plan. Such agricultural activity, whether carried on by the
property owner or by a lessee, shall not in any way indicate that the
property will be zoied agriculture, This policy shall not preclude the
ultimate devetopment of land used for agriculture provided that development
is consistent with Carlsbad's ordinances and policies.
It is also the policy of the City Council that a Site Deveiopment Permit be
requ·ir~d fo'r all agric·ultural activities conducted on previously undisturbec
land. This shall assure that grading and clearing operations do not disturt
potentially valuable and significant environmenfal resources.
This interim agricultural policy also encourages active enforcement of the
goals arid policies now contained in different element~ of the General Plan
w hi ~.h d ea 1 s p e c i f i c a 11 y w i th a gr i cu 1 t u re .
As an additional part of this interim policy an agricultural advisory com-
mittee shall be formed. This committee sh~ll be comprised of citizens
from the agricultural community, Planning Commission, and City Council.
The committee's purpose will be to document agriculture's problems in
Carlsbad, evaluate and select various solutions, propose incentives for
retaining farmland, and return a report to the Planning Commission and
City Council. This report would be considered as the basis for an
agricultural element to the General Plan.
March 24, 2020 Item #1 Page 34 of 41
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: RECLAIMED WATER USE
Specific Subject:
Policv No. 42
Date Issued 3/21/89
Effective Date 3/21/89
Cancellation Date
Supercedes No. 42, dated
2/7/89
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
PURPOSE
To ensure that all proposed new land use developments are reviewed to
determine if it is feasible to require that reclaimed water be used for
commercial, industrial and construction purposes; open space, golf course and
landscaping irrigation and agricultural purposes.
STATEMENT OF POLICY
Reclaimed water shall be used on all new land use developments proposed within
the City of Carlsbad for all State approved non-potable uses, if it can be
reasonably determined by the Utilities & Maintenance Director and the City
Engineer that reclaimed water is available to serve to the parcel, or will be
available to serve the parcel in the future.
The availability of reclaimed water to be supplied to any new 1 and use
development shall be based on the 1989 Water Reclamation Master Plan for the
City of Carlsbad and any addenda thereto.
Installation of dual irrigation systems and connectio-ns to reclaimed water
sources shall be required by the Utilities & Maintenance Director and the City
Engineer, subject to the terms and conditions of the 1989 Water Reclamation
Master Plan and any addenda thereto.
March 24, 2020 Item #1 Page 36 of 41
,· ..
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~-,_;_ __________________________________ -.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject:
SOLJD WASTE MANAGEMENT
Specific Subject:
Policy No. 46 ( page 1 of 4 -pages)
Date Issued 3 / 1 9 / 91
Effective Date 3 / 1 9 / 91
Cancellation Date N / A
Supersedes No. N I A
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
BACKGROUND:
The California Integrated Waste Management Act of 1989 adopted as AB 939 (the "Act"),
requires Carlsbad and the other cities of San Diego County to assume major new
responsibilities for solid waste. Under the "Act", cities and the County are required to
develop and approve their own "solid waste plans", known as Source Reduction and
Recycling Elements. All cities and the County are required to cooperate in finding
mutually acceptable, environmentally safe and financially feasible programs and facilities
to meet the solid waste disposal needs of the region.
Landfill capacity in San Diego County has been depleted. Carlsbad has supported
expansion of the San Marcos landfill and agreed to consider accepting a transfer station.
The City also has supported the County's efforts to site new landfills and is committed to
· citywide recycling. However, Carlsbad, Escondido, Oceanside and Encinitas have opposed
incineration of solid waste on environmental, land use compatibility and economic
grounds. The City is responsible for managing solid waste within Carlsbad and for
participation in mutually acceptable regional solutions. The City Council has therefore,
determined to state its policy for solid waste management.
PURPOSE:
This Policy is intended to implement the "Act" and provide guidance for the City's
involvement in regional solid waste management issues. The Policy will provide guidance
to staff in developing the City's source reduction, recycling element and direction for the
programs of source reduction, recycling and recovery necessary to meet the 25 percent
and 50 percent diversion requirements of the Act. Achievement of these diversion goals
requires important changes in the ways that residents, businesses, institutions, haulers
and the City itself create, handle, process and dispose of solid waste. The City will
actively promote these changes with cost effective and environmentally safe programs.
March 24, 2020 Item #1 Page 37 of 41
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
GeneraJ Subject:
SOLID WASTE MANAGEMENT
Specific Subject:
Policy No. 46 (page 2 of 4 pa~es)
Date Issued 3/19/91
Effective Date 3 / 19 / 91
Cancellatidn Date N / A
Supersedes No. N / A
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
This Policy also expresses the City's preference for a regional solid waste management
system, controlled by responsible public agencies.
POIJCY:
1. Integrated Waste Management:
A. Source reduction, recycling, reuse and composting are the most appropriate
strategies to accomplish reduction in the amount of solid waste to be disposed of
in environmentally safe sanitary landfills. This hierarchy of strategies is in
accordance with the requirements of the "Act".
B. A publicly controlled solid waste management system, which protects the
environment and the rate payer, is preferred. However, if a publicly controlled
system cannot meet the needs of the City, private sector alternatives will be
considered.
C. A regional joint powers agency (JP A) should be formed to cooperatively
implement the Integrated Waste Management Plan created under the "Act11• The
JP A should have the power to conduct source reduction activities and site, acquire,
develop, permit and operate solid waste facilities provided for in the Integrated
Waste Management Plan for San Diego County. All agencies are invited to join the
JP A, however, it is believed that a JP A can be effective with less than 100 percent
membership. ·
D. Ownership and control of the waste stream will be retained so that
Carlsbad's waste can be directed toward the most cost effective and
environmentally safe solid waste management strategies. All contracts for refuse
collection in the City will provide that the City retains ownership of refuse set out
for collection.
March 24, 2020 Item #1 Page 38 of 41
. .
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 46 (page 3 of 4 pag;es)
Date Issued 3/19/91
Effective Date 3 / 19 / 91
Cancellation Date NI A
General Subject: Supersedes No. N/A
SOLID WASTE MANAGEMENT
Specific Subject:
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards. Press. File
2. Environmental Protection and Resource Conservation:
3.
Disposal of refuse in properly constructed landfills is acceptable, while incineration
of refuse is unacceptable. Adequate landfill sites are available. The factors that
cause other agencies to accept incineration of refuse Oandfill unavailability and
ground water pollution from landfill leachate), do not exist in this region.
Moreover, incineration does·not appear to be a cost effective strategy compared
to comprehensive materials recovery facilities and landfills.
Maximum Source Reduction and Materials Recovery:
Waste reduction programs and materials reuse, recycling and composting programs
must be used to the fullest extent feasible. A region-wide source reduction
program should be promptly implemented.
4. Recycling:
A. City wide collection of recyclables from residences and businesses will be
provided.
8. Private and public sector markets for recycled materials will be actively
promoted. The City will purchase recyclable materials and goods made from
recycled materials whenever possible. ·
C. Private and public sector waste . reduction and recycling efforts will be
actively promoted. Carlsbad will accord priority consideration to existing private
sector, volunteer and non-profit programs and operations in the development of
municipal waste reduction and recycling activities.
March 24, 2020 Item #1 Page 39 of 41
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No.46 {page 4 of 4)
Date Issued 6/4/91 * Effective D-at-e--6,...7,..,4...,./.,,.9-=-i ---
General Subject: · SOLID WASTE MANAGEMENT Cancellation Date N / A ------Supersedes No. 46 dated 3/19/91
Specific Subject: * Page 4 of Council Policy #46 was revis
by minute motion on 6/4/91 to correct a
typographical error. No changes were
made to the rest of the document which
Copies to:·
was approved on 3/19/91.
City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
5. Financing of Solid Waste Management Programs and Facilities:
A. Fees, grants and service fees should find the City's Solid
Waste Program. Waste disposal, in particular, should not be
subsidized. Facilities and services should be as cost
effective as possible. Major disposal facilities should be
constructed by governmental agencies only after a fair and
honest public bidding request for proposal or equivalent
process. In evaluating solid waste management alternatives,
priority will be given to a regional system under public
control which protects the ratepayer.
B. Acquisition, construction and operation of solid waste
facilities requires an assured, stable source of funds. It
is recognized that the City must pledge revenues to assure
stable cap.ital and operating funds for the solid waste
management racilities used by the City. Carlsbad will oppose
the so called "two-tier fee" for the disposal of solid waste.
C. Fees to mitigate impacts of solid waste facilities should
be imposed through the CEQA process. Carlsbad opposes 11 host
fees" as a means to generate revenues for general purposes.
Such fees establish an expectation that land use decision are
for sale. Solid waste facilities . should be sited as the
public interest requires; based on environmental review and
good, objective land use, zoning and planning consideration.
Possible adverse environmental effects from a facilities
should be identified during the environmental process and
fully mitigated, as requir1ed by CEQA. Mitigation measures
might require the payment of fees to mitigate ongoing impacts.
Such fees must meet the AB 1600 nexus.
Carlsbad ha.s accepted its share of regional facilities through the
environmental process and fully expects others to do the same for solid
waste facilities.
March 24, 2020 Item #1 Page 40 of 41
CITY OF CARLSBAD
Policy No .. __ 50 ______ _
COUNCIL POLICY STATEMENT Date Issued 10/22/91
Effective Date 10/22/91
General Subject: Solid Waste Cancellation Date_...::.:;n"-/=-a __ _
Supersedes No. _n__./_a ___ _
Specific Subject: Mandatory Recycling Program Enforcement
Copies to:
PURPOSE:
City Council, City Manager, City Attorney, Department and Division Heads1
Employee Bulletin Boards, Press, File
To establish a procedure for enforcing the Mandatory Recycling Program.
POLICY:
The City's Recycling Enforcement Program seeks to identify and communicate with individua
households and businesses that do not comply with the Mandatory Recycling Ordinance. Thi
City's general goal in enforcement is not to punish, but to gain compliance with the mandator
recycling provisions.
March 24, 2020 Item #1 Page 41 of 41