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HomeMy WebLinkAbout1987-02-17; City Council; 9826; CMC 21.53.120(e) revise/21.95 add - Hillside development regs establishment1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9826 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF TITLE 21, CHAPTER 53, SECTION 120 BY THE ADDITION OF SUBSECTION (E) AND BY THE ADDITION TO TITLE 21 OF CHAPTER 21.95 TO ESTABLISH HILLSIDE DEVELOPMENT REGULATIONS FOR THE CITY OF CARLSBAD. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.53 of the Carlsbad Municipal code is amended by the addition of Section 21.53.120 (e) to read as follows: 21.53.120(e). No more than 50% of the portion of a site containing 25 to 40% (percent) slopes may be utilized for calculating allowable residential density. Residential development on slopes with an inclination of 25 to 40% (percent) inclusive shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the Coastal Zone, the grading provisions of the Carlsbad Local Coastal Program shall apply SECTION 2: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.95 to read as follows: 1111 Ill/ 1111 llil /I// I/// 1111 1111 Ill/ I/// 1111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 ChaDter 21.95 HILLSIDE DEVELOPMENT REGULATIONS Sect ions : 21.95.010 21.95.020 21.95.030 21.95.040 21.95.050 21.95.060 21.95 A70 21.95.080 21.95.090 Purpose and Intent Hi1 1 side Mapping Procedures General Restrictions Residential Density Calculations Subdivision of Hillside Lands Development and Design Standards Modification to Development and Design Standards Non-Residential Development Exclusions 21.95.010 Purpose and Intent. The purpose and intent of A) Assure hillside alteration will not result in B) C) D) the Hillside Development Regulations are to: substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation. Assure proper design is utilized in grading, landscaping and in the development of structures and roadways to preserve the natural appearance of hillsides; Preserve and enhance a healthful and aesthetically pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable and reflects the City's cultural and environmental values; E) Assure hillside conditions are properly identified and incorporated into the planning process. F) Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan. G) Prevent erosion and protect the lagoons from excessive s il t at ion. H) Encourage creatively designed hillside development requiring a minimal amount of grading. I) Reduce the intensity of development on hillside areas to ensure all development that does occur is compatible with the existing topography. Preserve the natural appearance of hillsides by 21.95.020 Hillside Mapping Procedures. A slope analysis and slope profiles shall be illustrated on a constraints map, and shall accompany all development submittals for properties that have any slopes in excess of 15% and an elevation differential greater than 15 feet. ///I ///I 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 A) Slope analysis. Slope analysis shall identify the acreage and percentage of each of the following slope categories for each General Plan land use designation and zone of the site: 1) 0 - Jess than 15% slopes 2) 15 - less than 25% slopes 3) 25 - less than 40% slopes 4) 40% or greater slopes a) Percentage of slope is determined by: Vertical Distance x 100 = % Slope (Contour Interval) Horizon t a1 D is t ance (Distance between Contour Intervals) (slope cross sections) shall be included with the submittal of the slope analysis on the constraints map. Slope profiles shall: Be drawn at the same scale and indexed or keyed to the constraints map, grading or preliminary grading plan and project site map; Show both existing and proposed topography, structures and infrastructures. Proposed topography, structures and infrastructure shall be drawn with a solid heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or dashed line. from the project site boundary. s ite where : topography is proposed, proposed, and uses. parallel to each other and roughly perpendicular to existing contour lines. The remaining slope profile shall be roughly at a 45% angle to the other slope profiles and existing contour lines. Assurance of accruate hillside mapping. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified, consistent with this section. B) Slope profiles. A minimum of three slope profiles 1) 2) 3) Include the slope profile for at least 100 feet 4) Be drawn along those locations of the project a) b) c) the site is most visable from surrounding land the greatest alteration of the existing the most intense or bulky development is 5) Two of the slope profiles shall be roughly C) 21.95.030 General Restrictions. No property with a sloDe of 15% or more and an elevation differential ereater than 15 feek shall be developed unless a hillside developmegt permit has been issued. shall be processed and approved concurrently with any other An application for a hillside development permit 3. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 development permits required by Titles 11, 18, 20, or 21 of this code. The same decision making body or official which has the authority to approve the other development permits required for the project shall have the authority to approve a hillside development permit. If no permits other than a building or grading permit are required for the project then the Planning Director shall have the authority to approve or deny hillside development permits subject to appeal to the Planning Commission. Such appeal shall be made within ten days after the Planning Director's decision. development permit shall be approved only if all of the following findings can be made. 1) identified. 2) properly identified. 3) That the development proposal and all applicable development approvals and permits are consistent with the purpose, intent and requirements of this chapter. 4) portions of the property which are undevelopable pursuant to the provisions of Section 21.53.120 of this code. 5) minimizes disturbance of hillside lands. 6) intent of the concepts illustrated in the Hillside Development Guidelines manual. A hillside That hillside conditions have been properly That undevelopable areas of the project have been That no development or grading will occur in those That the project design and lot configuration That the project design substantially conforms to the 21.95.040 Residential Density Calculation. A) Areas of a site in slopes greater than 40% shall be excluded from residential density calculations consistent with Section 21.53.120 of the Carlsbad Municipal Code. 25 -40% slopes may be utilized for calculating allowable residential density consistent with Section 21.53.120 of the Carlsbad Municipal Code. B) No more that 5Q% of the portion of a site containing 21.95.050 Minimum development of hillside lands. The provisions of this chapter shall be applied so as to 1) which was legally existing on the date of the ordinance adopting this chapter. 2) Not preclude the efficient and safe provision of public facilities or services to any parcel identified in subsection (1) and 3) dwelling unit per parcel described in subsection (1). Not preclude a reasonable use of a hillside parcel Allow development of at least one single family 21.95.060 Hillside Development and Design Standards. A) B) Contour grading. Contour grading techniques shall be All development on slopes of 25% or greater within the Coastal Zone shall comply with the requirements of the Coastal Overlay Zone. used to provide a variety of both slope percentage and slope direction in a three dimensional undulating pattern similar to existing, adjacent natural terrain. The lines established by the 4. G 1 2 3 4 5 6 7 a 9 10 11 12 12 14 15 16 11 1E 19 2c 21 22 22 24 25 26 27 28 e toe and top of the graded slope shall also undulate in this fashion. Contour grading shall undulate so that, in no case shall a straight, flat, cut or filled slope face greater than 30 feet in height or 200 feet in length be created. C) Area or extent of grading. Grading of the developable portions of the site shall be kept to a minimum. To define the area or extent of grading, the area in acres, of both cut excavation and fill areas shall be calculated. This calculation shall be noted on the particular cut or fill area. The total areas of cut and fill shall be noted on the grading and preliminary grading plan. Additionally, the areas of cut and fill as a percentage of the total site area shall be noted in the grading and preliminary grading plan. The areas of cut and fill offsite yet physically attached to onsite cut and fill areas shall also be included in the calculations of cut/fill areas. percent slopes requiring grading in excess of the grading necessary to provide roadways, utilities, building foundations, parking areas or recreational areas in conformance with this chapter, shall submit for review specific written findings justifying the reasons for the excess grading, subject to the approval of the decision making body. to the extent possible, be screened from view behind or under buildings, by landscaping, or by natural topographic features. All manmade slopes shall be landscaped to the satisfaction of the Planning Director prior to occupancy of any structures. units are stepped down the hillside all parts of structures proposed for development on hilltops and on pads created on hillsides shall be sufficiently setback from the adjoining downhill slopes so that the visual impact on the surrounding area is eliminated or significantly reduced by the slope. Where public safety can be assured the setback area shall be used for public, common or private open space. Small irregular berming shall be used within the ground level setback to create visual and site interest. Setbacks shall be sufficient to eliminate or significantly reduce any jutting vertical mass which would be visually incompatible with natural hillside landforms. roads, roadways shall not greatly alter the physical and visual character of a hillside, by creating large "notches" in ridgelines or by defining wide, straight alignments. Roadways shall follow the natural contour of the land and be modulated by sufficient berming, contour grading and landscaping, to create visually interesting and pleasing roadways. shall generally decrease with an increase in the percent of hillside slope. Multi-level or terraced foundations which fit a structure into the natural slope and form of the hillside shall be the preferred structural design on the uphill side of the street. Hillside architecture shall incorporate appropriate structure modulation along with floor and roof level transitions Applications which propose development on 25 - 40 D) Screening graded slopes. Cut or fill slopes shall, E) View preservation and enhancement. Except where F) Roadway design. Except for Circulation Element G) Hillside architecture. The volume of structures 5. . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 2c 21 2% 22 24 25 26 27 28 to fit a structure and roofline into the natural contours, features and background of the hillside. The length of a structure shall orient parallel with the contour of the hillside. The greater the hillside slope, the longer the structure length to width ratio shall be required. Bulky, rigid, excessively angular, vertical or other obtrusive geometric architecture accessory structures or fences which are not in the same pattern, proportion or scale with the hillside landform shall be discouraged. The dominate roof slope shall follow the dominate slope of the hillside. Exterior, materials and colors shall be harmonious in tone and texture with the hillside and surrounding vegetation. Hose bibs and electrical outlets shall be constructed on the downhill side of all hillside structures. architecture standards, hilltop architecture should extend and enhance the major features of hilltops, not dominate them. Significant downslope setbacks, small modulated berms, and sensitive landscaping shall be used to appropriately maintain the appearance of a hilltop ridgeline from surrounding viewpoints. Examples of the desired hillside and hilltop architecture can be found in the City of Carlsbad's Design Guidelines Manual and Architectural Review Guidelines. feasible, maintain all natural drainage patterns and courses. Roofwater collection and drainage dispersal systems shall be provided for all dwelling units that do not drain directly onto a paved surface. If drainage benches are required on a slope their width shall be varied to accommodate landscaping for additional visual screening. feet in height. yards shall be calculated. The cut or fill volumes shall be noted on the particular cut or fill. The total volume of cut and fill shall be noted on the grading and preliminary grading plan. 3) Volume of earth moved for cuts and fills shall be minimized. The larger volume of the total cut or total fill volumes divided by the total area in acres that is cut and filled (that is graded) shall equal the volume of hillside grading for this chapter. The relative acceptability of hillside grading volume shall be determined by the following: H) Hilltop architecture. In addition to the hillside I) Hillside drainage shall to the maximum extent J) Slope height and volume of grading cut or fill. 1) Cut or fill slopes shall not be greater than 30 2) The volumes of both the cut and fill in cubic Cubic Yards of cut or fill grading per acre of cut & fill Relative Sensitivity of hillside grading volume area (in acres) 8,080 - 10,000 > 10,000 0 - 7,999 cubic yds/acre Acceptable 11 11 Potentially Acceptable Unaccep t ab1 e It 11 II ///I 6. b 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 4) Applications proposing grading volumes which are potentially acceptable (8,000 - 10,000 cu. yds./acre of cut or fill) shall on the preliminary grading plan submit for review specific written findings justifying the reasons for the amount of grading subject to the approval of the Planning Director and City Engineer. unacceptable (>10,000 cu. yds./acre of cut or fill) shall be allowed only if they comply with the requirements of Section 21.95.070. the standards of this section unless a modification to these standards can be justified to the decision making body per the requirements of Section 21.95.070. 5) Applications proposing grading volumes which are K) All development on hillside areas shall comply with 21.95.070 Modifications to the Development and Design Standards. A) The decision making body may approve a modification to the Hillside Development and Design Standards of Section 21.95.060 if the proposed development complies with the intent of the Hillside Ordinance and one or more of the following findings can be made: 1) The site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. 2) The site requires extensive grading to accommodate a Circulation Element roadway. 3) The proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of Section 21.90.060. 4) The site is impacted by unusual geotechnical or soils conditions that necessitate corrective work or a Circulation Element Roadway. and Design Standards of the Hillside Ordinance shall be accompanied by two preliminary grading plans. One plan shall illustrate how a site would be developed with a strict adherence to the requirements of Section 21.90.060. The second set shall illustrate the extent and type of the requested modification. This plan shall also be accompanied by any other documentation needed by the decision making body to determine that the proposed modifications will result in a superior project with less adverse environmental impacts. C) excess of 10,000 cu. yds./acre of cut or fill or a manufactured slope in excess of 30 feet in height, the applicant shall submit a detailed mitigation and landscaping plan prior to approval of the project. This plan shall illustrate the mitigation measures and landscaping utilized to screen the proposed grading. This plan shall also state the estimated cost of the proposed mitigation and landscaping for the portions of the site requesting a modification to the Development and Design Standards. Prior to issuance of a grading permit, the applicant shall deposit, at a financial institution subject to regulation by the state or federal government, a certificate of deposit or B) Any request for a modification to the Development If a modification is granted to allow grading in 7, 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 letter of credit made out to the City of Carfsbad or such other security which is acceptable to the City. This document shall be for at least twice the estimated cost of the proposed mitigation and landscaping. If the proposed mitigation and landscaping is not installed in a timely manner, in accordance with the approved plans, the Planning Director may authorize the utilization of these funds to do the necessary remedial work. Any funds remaining after the completion of this work shall be returned to the applicant. 21.95.080 Non-Residential Development. Development on land designated for non-residential development shall comply with all requirements of this chapter except Subsection 21.95.060 J. Any non-residential project proposing grading in excess of 10,000 cubic yards per acre or creating slopes in excess of 30 feet in height shall provide both written and graphic exhibits to justify the proposed grading to the satisfaction of the decision making body. 21.95.090 Exclusions. A) Any project that has received a final discretionary approval, building permit or grading permit prior to effective date of the ordinance adopting this chapter shall be exempt from the provisions of this chapter provided that such permits or approvals have not expired or are not otherwise revoked. B) The following areas must be fully identified, but may be excluded from the requirements of this Chapter by the decision making body. 1) Areas previously disturbed by authorized grading, 2) Areas where Circulation Element Roadways must be placed and no feasible alternative consistent with this chapter is available; 3) Areas of topographic change less than 15 feet in height and less than 4,000 square feet in area, which are not a part of the surrounding generalized slope. 4) Small isolated ravines where there is no substantial evidence that the project will have a significant effect on the environment as determined by the Planning Director. City Policy ordinance or standard, the most restrictive policy, ordinance or standard shall apply. Where any part of this chapter conflicts with any other EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. 8. I 2 9 4 E . E 7 E s IC 11 12 12 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 held on the 10th day of February 196 7, and thereafter PASSED AND ADOPTED at a regular meeting of said City Couricil held on the 17th day of February , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None LEGALITY ATTEST : (SEAL) 9.