HomeMy WebLinkAbout1998-03-03; City Council; NS-446; CMC 21.95/.53.230 amends - Hillside Ord amendment5. /I e e
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ORDINANCE NO. NS-446
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21,
CHAPTERS 21 45 AND 21 53, SECTION 21 53.230 OF THE
CARLSBAD MUNICIPAL CODE TO STREAMLINE THE
HILLSIDE DEVELOPMENT PERMIT PROCESS, CLARIFY
AND SIMPLIFY THE HILLSIDE DEVELOPMENT CHAPTER
TO MAKE‘ IT MORE USER FRIENDLY, AND ADD NEW
DEVELOPMENT STANDARDS TO THE HILLSIDE
DEVELOPMENT CHAPTER TO ADDRESS ORDINANCE
ISSUE AREAS.
CASE NO.: ZCA 96-04
CASE NAME: HILLSIDE ORDINANCE AMENDMENT
The City Council of the City of Carlsbad, California does
ordain as follows:
i SECTION I: That Title 21, Chapter 21,95 of the Carlsbad Municir om &a
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repealed and reenacted to read as follows:
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KUZL3 HILLSIDE DEVELOPMENT REGULATIONS
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18 21.95.010 Purpose and intent.
21.95.020 Definitions.
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21.95.030 Applicability of hillside development permit.
21.95.040 Exemptions from hillside development permit.
21.95.050 Amendments to hillside development permits.
21.95.060 Application.
21.95.080 Appeals.
21.95.090 Required findings.
21.95.1 00 Minimum development of hillside lands.
21.95.1 10 Hillside mapping procedures.
21.95.120 Hillside development and design standards.
21.95.130 Exclusions.
21.95.140 Modifications to the development and design standards.
21.95.070 Review process.
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Space/Conservation Elements of the Carlsbad General Plan; 28
The purposes and intent of this Chapter are to:
21.95.01 0 Purpose and intent.
A. Implement the goals and objectives of the Land Use
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B. Assure hillside conditions are properly identified and inc
into the planning process;
C. Preserve and/or enhance the aesthetic qualities of naturl
and manufactures slopes by designing projects which relate to the slope of
minimizing the amount of project grading, and incorporating contour gr;
manufactures slopes which are located in highly visible public locations;
D. Assure that the alteration of natural hillsides will be dc
environmentally sensitive manner whereby lagoons and riparian ecosysten
protected from increased erosion and no substantial impacts to natural resou
wildlife habitats or native vegetation areas will occur.
21.95.020 Definitions.
The following definitions are established:
A. Whenever the following terms are used in this Chapter,
have the meaning established by this section:
1. ‘Collector street” means any street with a minimum ri
width of 60 feet which intersects with a Circulation Element Road and prov
primary or secondary access to a residential or non-residential project.
result in earth forms which resemble natural terrain characteristics. Hori;
vertical curve variations should be used for slope banks.
2. “Contour grading” means a grading concept dc
3. “Development” means grade, erect or construct.
4. “Downhill Perimeter Slope” means a slope located
pad or gently sloping area (gradient is less than 10%) of a single lot and the PI
5. “Grade” means to excavate or fill or any combinatio
that is at a lower level than the pad or gently sloping area of the lot.
6. “Manufactured slope” means a man-made slope
wholly or partially of either cut or fill material.
7. “Natural slope” means a slope which is not manufac
9. “Slope” means ground that forms a natural or artific
8. “Project” means any proposal for “development”.
IO. “Total Graded Area” means all areas of project gr:
on-site and off-site) which are necessary to enable the achievement of the proj
11. “Uphill Perimeter Slope” means a slope located bd
pad or gently sloping area (gradient is less than 10%) of a single lot and a p
located at a higher level than the pad or gently sloping area of the lot.
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21.95.030 Applicability Of Hillside Development Permit
A. No person shall grade, or erect, or construct into or on top of a I
has a gradient of fifteen percent (15%) or more and an elevation differential c
fifteen (1 5) feet without first obtaining a Hillside Development Permit pursl
Chapter.
B. Any application for a Hillside Development Permit which wi
complete prior to the effective date of the ordinance reenacting this Chapter, ~
subject to the amended provisions of this Chapter but shall be processed an
or disapproved pursuant to the ordinance superseded by this ordinance.
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1 21 .Q5.040 Exemptions From Hillside Develmment Permit
Section 21.95.120 of this Chapter and the City’s Hillside Development ar 3
obtain a Hillside Development Permit, provided that the development corn 2 A. Notwithstanding the provisions of Section 21.95.030, the followin{
Guidelines:
zoned lot.
alteration or building encroachment) of or upon any manufactured slope with €j of 40% or greater and an elevational difference (height) of 15 feet or greater
7 been previously graded consistent with an authorized grading permit. 3. The development (trenching, utility construction and bac
8 underground utility systems.
9 comply with Section 21.95.120 and the City’s Hillside Development Guideli
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2. On a single lot, the additional development (i.e.; regrad 5
I. The development of one single family dwelling unit on a re
B. Any development exempted by 21.95.040(A) above, which
10 obtain a Hillside Development Permit or Hillside Development Permit A
pursuant to this Chapter.
Permit prior to the effective date of this ordinance is exempted from the provisi
12 Chapter, provided that such permit or approval has not expired or is not
revoked, and the development is in accordance with the existing Hillside De l3 Permit and related approvals.
11 C. Any project that has received final approval of a Hillside De
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21.95.050 Amendments To Hillside Development Permits
A. An amendment to a Hillside Development Permit shall be proce:
same manner as an original application for a Hillside Development Permit.
B. Unless exempted by Section 21.95.040, a Hillside Developml
Amendment shall be required for any portion of a project which has
Development Permit that is proposed for redesign and otherwise requires
Development Permit per Section 21.95.030.
21 -95.060 Application
Application for a Hillside Development Permit shall be made in accop
the procedures set forth in this Section.
A. An application for a Hillside Development Permit may bl
the record owner or owners of the property affected or the authorized agent 0‘
or owners. The application shall be filed with the Planning Director upon form
by the Director. The application shall be accompanied by adequate plans, L
for detailed review pursuant to this Chapter and demonstrate compliance VI
Mapping Procedures in Section 21.95.1 10, a legal description of the propc
other materials and information specified by the Director.
B. At the time of filing the application, the applicant s
processing fee in an amount specified by City Council resolution.
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concurrently with any other development permits required by Titles 1 I, 18, 28
A. Hillside Development Permit - An application for a Hillside D1 21.95.070 Review Process
Permit or Hillside Development Permit Amendment shall be processed an(
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this code. The same decisionmaking body or official which has the authorit)
approve, conditionally approve or deny the other development permits requir
project shall have the authority to finally approve, conditionally approve or deny
Development Permit. Amendments to Hillside Permits shall be acted on by
decision making body that approved the original Hillside Permit and any s(
Hillside Permit Amendments.
B. Exemptions - Development satisfying the Hillside Developme
Exemptions, set forth in Section 21.95.040(A), shall be evaluated for compli
Section 21.95.120 and the Hillside Development and Design Guidelines throug
grading plan andlor building plan review processes.
21.95.080 Appeals
A. Hillside Development Permits - The decision of the final decisic
body or official is final and effective ten calendar days after the adoption of the
or written decision, unless within such ten-day period the applicant or
interested person files a written appeal utilizing the same appeal procedure aF
the other permits which are processed concurrently with the Hillside De
Permit. If no other discretionary permits are being processed concurrent1
Hillside Development Permit, then the appeal procedures contained in Section
shall apply.
B. Decisions regarding Hillside Development Permit Exemptions,
reviewed through the grading plan and/or building plan review processes,
appealed to the City Council utilizing the same appeal procedure applicable
permits andlor building permits.
21.95.090 Required Findinas
A. No hillside development permit shall be approved unless thl
making body or official finds that:
1. Undevelopable areas of the project, pursuant to 1
21.53.230(b) of this Code, have been properly identified;
2. The project complies with the Purpose and Intent prc
Section 21.95.01 0 of this Chapter.
3. The project complies with Section 21.95.120 of this Ch
Section 21.95.140 if a modification to the Development and Design St
approved.
4. The project design substantially conforms to th
Development Guidelines manual.
21.95.1 00 Minimum Development Of Hillside Lands
The provisions of this Chapter shall be applied so as to:
A, Not preclude a reasonable use of a legal parcel whic
B. Not preclude the efficient and safe provision of public
C. Allow development of at least one single family dwellil
hillside conditions as regulated by this Chapter;
services to any legal parcel; and
parcel described in subsection A.
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21.95.1 IO Hillside Mappinq Procedures
A slope analysis and slope profiles shall be illustrated on a constraints
shall accompany all development submittals which propose grading or devel1 slopes which have a gradient of fifteen percent or more and have an elevation 1
greater than fifteen feet.
A. Slope Analysis. The slope analysis shall identify the acrc
natural and manufactured slopes within each of the following slope categories.
1. 0 - less than 15% slopes
3. 25 - 40% slopes and
4. Slopes greater than 40%
2. 15 - less than 25% slopes
a. Percentage of slope is determined by:
Vertical Distance
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(Contour interval)
Horizontal Distance x IO0 = % Slope
(Distance between contour intervals)
B. Slope Profiles. A minimum of three slope profiles (SI
sections) shall be included with the submittal of the slope analysis on the (
map. Slope profiles shall:
1. Be drawn at the same scale and indexed or ke:
constraints map, grading or preliminary grading plan and project site map;
2. Show both existing and proposed topography, stru
surface infrastructure. Proposed topography, structures and infrastructurc
drawn with a solid heavy line. Existing topography, structures and infrastructu
drawn with a thin or dashed line;
3. Include the slope profile for at least one hundred fc
of the project site boundary or adjacent public street;
4. Be drawn along those locations of the project site n
a. The greatest alteration of the existing top
b. The most intense or bulky development is
c. The site is most visible from surrounding Ian(
5. Two of the slope profiles shall be roughly parall
other and roughly perpendicular to existing contour lines. The remaining SI
shall be roughly at a forty-five degree angle to the other slope profiles a
contour lines.
C. Assurance of Accurate Hillside Mapping. Both the slol
and slope profiles shall be stamped and signed by either a registered
architect, civil engineer or land surveyor indicating the datum, source ar
topographic data used in the slope analysis and slope profiles, and attesting
that the slope analysis and slope profiles have been accurately calculated ani
consistent with this section.
D. Development which is exempt per Section 21.95.040 c
proposed,
and
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necessary to assess project compliance with the Hillside Ordinance. 2 section except in cases where the Planning Director determines that hillside n
per Section 21.95.130 is generally exempt from the hillside mapping requireme
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21.95.120 Hillside DeveloDment And Desian - Standards
The provisions of this Section shall apply to all projects that propose
erect or construct into or on top of a natural slope or manufactured slope wt
gradient of fifteen percent (15%) or more and an elevation differential greater tl
(1 5) feet.
A. Coastal Zone Hillside Development Regulations
1. All development on natural slopes of twenty-five ~
greater within the coastal zone shall comply with the requirements of Chapters
21.203 of the Carlsbad Municipal Code and the slope protection policies of the
Local Coastal Program segment. Additionally, all hillside development
pursuant to this Chapter shall be consistent with all applicable provisions and
the certified Local Coastal Program(s) and shall not result in significant adver!
to coastal resources.
B. Development of Natural Slopes of Over 40% Gradient
1. Natural slopes which have all of the following cha
shall be undevelopable:
a. A gradient of greater than 40%; and
b. An elevation differential of greater than 15 fel
c. A minimum area of 10,000 square feet; and
d. The slope comprises a prominent land form f
2. Projects which propose the development of natL
defined in Subsection 21.95.120(B)(I) above shall nevertheless be allowed,
project qualifies as an exclusion or obtains a modification, pursuant tc
C. Development of Manufactured Slopes of Over 40% Gradk
I. Manufactured slopes which have a gradient of gt
40% and an elevation differential of greater than 15 feet shall be subject to th
development standards.
21.95,130 and 21,95.140, respectively.
a. Development of Uphill Perimeter Slopes.
(i) The following types of development
an uphill perimeter manufactured slope shall be limited to a maximum of 6 veri
measured from the existing grade at the toe of slope:
(a) Main building(s);
(b) Accessory buildings; and
(c) Retaining Walls.
(ii) Decks may be constructed upon
perimeter manufactured slope up to the required building setback(s) of the
25 11 *One’ b. Development of Downhill Perimeter Slopes
26 (i) For non-residential projects only, th
types of development over a .downhill perimeter manufactured slope shall be
27 maximum of 6 vertical feet as measured from the existing grade at the top of s
28 (b) Retaining Walls.
(a) Decks; and
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(ii) Deck surface areas shall be allowed to
the same point that a 6 foot vertical retaining wall would be permitted.
(iii) No main or accessory building may
over the top/edge of a Downhill Perimeter Slope.
c. The manufactured slope standards, within tt-
do not apply to manufactured slopes which are not located along perimeter pro1
(including intervening manufactured slopes between split level pads which are I
a single lot).
D. Volume of Grading
1. The volume of earth moved for cuts and fills
2. The relative acceptability of hillside grading voluml
minimized.
determined by the following:
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Cubic Yards of Cut or Fill
and Fill Area (in acres)
Hillside Grading Volume Grading per Acre of Cut
Relative Sensitivity of
0 -7,999 cubic yards/acre Acceptable
8,000 - 10,000 cubic Potentially acceptable
yards/acre
> 10,000 cubic yards/acre Unacceptable
3. The methodology for determining the volumes of b
and fill in cubic yards shall be calculated as follows. A grading and prelimin;
plan, shall be prepared and shall include: the cut or fill volumes noted for eacl
cut or fill and the total volume of cut and fill for the project. The larger volume
cut or total fill volumes divided by the total graded area (in acres) shall equal 1
of hillside grading for the project.
4. Applications proposing grading volumes which are
acceptable (eight thousand to ten thousand cubic yards/acre of cut or fill) SI
preliminary grading plan, submit for review specific written findings justifying t
for the amount of grading, subject to the approval of the Planning Directc
5. Applications proposing grading volumes v
unacceptable (greater than ten thousand cubic yards/acre of cut or fill) shall
only if they qualify as an exclusion or modification pursuant to Section 21 .!
21.95.140 of this Chapter respectively.
Engineer.
E. Slope Height.
1. Manufactured slopes shall not be greater than fol
2. Slope Height Exclusions. See Section 21.95.’
in height.
Chapter.
F. Contour Grading.
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1 1. All manufactured slopes which are greater than tv
feet in height and two hundred (200) feet in length and which are located adja 2
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are substantially visible from a Circulation Element road, collector street o
projects shall be designed to vary slope gradients between 50% (21 slope 4
2. Contour graded slopes that are developed in non-I
public open space area shall be contour graded.
33% (3:l slope ratio).
5 G. Screening Manufactured Slopes.
1. All manufactured slopes shall be landscaped cons 6
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the City’s Landscape Manual.
architectural guidelines included within the City’s Hillside Development Guidelin 8
1. Hillside and hilltop structures shall be consisteni
H. Hillside and Hilltop Architecture.
I. Slope Edge Building Setbacks (pursuant to this Chapter).
9 1. Slope edge building setbacks shall be sufficient tc
or significantly reduce views of vertical building forms which would k lo
of the underlying zone, all main and accessory buildings that are developed 11
incompatible with hillside landforms. Notwithstanding the building setback re(
and/or pads created on downhill perimeter slopes of greater than fifteen (*
12 height shall be setback so that the building does not intrude into a .7 foot hori
foot vertical imaginary diagonal plane that is measured from the edge of sll 13 building. For all buildings which are subject to this slope edge building setback
a profile of the diagonal plane shall be submitted with all other development l4 requirements.
15 2. Building setbacks pursuant to this Chapter do not a1
a. Slopes which are less than 15 feet in height;
16 b. the intervening slopes of split-level pads
located on a single lot, but do apply to the edge of slope of the lowest pad;
of residential lots: and
17 c. downhill slopes which are located along the
18 d. substandard residential lots where the tc
19 slope setback standards would preclude a reasonable use of the property.
3. If a Downhill Perimeter Slope is regraded (filled)
20 with Subsection 21.95.120(C) of this Chapter, and a vertical retaining structc
then the required building setback shall be measured from the edge of s 21 existed prior to regrading (filling). 4. Fencing proposed along a slope edge should be 22 design which does not visually extend the height of the slope. Exceptil
23 provision may include, but are not limited to, noise attenuation walls, priva
24 J. Roadway Design.
25 Hillside Development Guidelines Manual.
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27 Development Guidelines.
security walls.
1. Hillside roadway design shall be consistent witt-
K. Hillside Drainage.
1. Hillside drainage shall be consistent with the Cil
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Standards of Section 21.95.120: 2
21.95.1 30 Exclusions
A. The following are excluded from the Hillside Development ar
3 I. Hillside areas where a Circulation Element roadway or t
street must be located provided that the proposed alignment(s) are envirc
2. Grading volumes, slope heights and graded areas which 2
4 preferred and comply with all other City standards.
5 associated with Circulation Element roadways or collector streets, provide(
proposed alignment(s) are environmentally preferred and comply with all 6 standard.s.
7 3. Hillside areas that have unusual geotechnical or soil conc
necessitate corrective work that may require significant amounts of grading.
21.95.140 Modifications To The Development And Desiqn Standards
Hillside Development and Design Standards of Section 21.95.120 if it find lo proposed development complies with the Purpose and Intent provisions 1
1 1 21.95.010 and makes one or more of the following findings:
1. The proposed modification will result in significantly n
12 space or undisturbed area than would a strict adherence to the requirements
21.95.120. 13
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would a strict adherence to the requirements of Section 21.95.120. l4 manufactured slopes which are more aesthetically pleasing and natural appe;
2. The proposed modification will result in the develc
B. Any request for a modification to the development and design st
this Chapter shall be accompanied by two preliminary grading plans. One
16 illustrate how a site would be developed with a strict adherence to the requi
Section 21.95.120. The second set shall illustrate the extent and type of the l7 modification. This plan shall also be accompanied by any other documentati
18 by the decisionmaking body to determine that the proposed modifications will
superior project with less adverse environmental impacts.
cubic yards/acre of cut or fill, or a manufactured slope in excess of forty (
20 height, the applicant shall submit both written and graphic exhibits to justify thc
grading to the satisfaction of the decisionmaking body or official. In addition, 21 mitigation and landscaping plan shall be submitted as part of the application.
22 shall illustrate the mitigation measures and landscaping utilized to screen thc
grading.
23 D. Development on land designated for nonresidential develop
comply with all requirements of this Chapter except Sections 21.95.1
24 21.95.120(E). Any nonresidential project proposing grading in excess of te;
cubic yards per acre or creating slopes in excess of forty (40) feet in height SI 25 both written and graphic exhibits to justify the proposed grading to the satisfa
26 decisionmaking body. "
27 SECTION II: That Subsection (b) of Section 21.53.230 of th
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9 A. The decisionmaking body or official may approve a modificat
19 C. If a modification is proposed to allow grading in excess of ter
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* Municipal Code is amended to read as follows:
density shall be determined based on the number of dwelling units per develol 4
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“21 53.230 Residential Densitv Calculations, Residential Dev
Restrictions on Open Space and Environmentallv Sensitive Lands
(a) For the purposes of Titles 20 and 21 of this code,
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of property.
shall be excluded from density calculation
(b) The following lands are considered to be undevelo
(1 ) Beaches;
(2) Permanent bodies of water;
(3) Floodways;
(4) Natural slopes with an inclination of greater
percent except as permitted pursuant to Section 21.95.120(B) of this Code;
(5) Significant wetlands;
(6) Significant riparian or woodland habitats;
(7) Land subject to major power transmission ea!
(8) Land upon which other significant env
features as determined by the environmental review process for a project are IC
(9) Railroad track beds.
(c) No residential development shall occur on any prof
in subsection (b). Subject to the provisions of Chapters 21.33 and 21.1 I(
council may permit limited development of such property if, when consic
property as a whole, the prohibition against development would con
unconstitutional deprivation of property. The planning commission or cii
whichever is the final decisionmaking body for a residential development n
accessory facilities, including, but not limited to, recreational facilities, view i
vehicular parking areas, to be located in floodplains (subject to Chapter 21 .I ’
land subject to major power transmission easements.
(d) Residential development on slopes with an inc
twenty-five to forty percent, inclusive, shall be designed to minimize the
grading necessary to accommodate the project. For projects within the coasta
grading provisions of the Carlsbad local coastal program shall apply.’’
EFFECTIVE DATE: This ordinance shall be effective thirty da
adoption, and the City Clerk shall certify to the adoption of this ordinance and
be published at least once in a publication of general circulation in the City c
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within fifteen days after its adoption, except in the Coastal Zone where i
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effective upon certification by the California Coastal Commission.
EFFECTIVE DATE: This ordinance shall be effective thirty da
27 // adoption, and the City Clerk shall certify the adoption of this ordinance and ca
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within fifteen days after its adoption. 2
published at least once in a newspaper of general circulation in the City of
INTRODUCED AND FIRST READ at a regular meeting of the Car
ll Council on the 17th day Of February , 1998, and thereafter 5
6 PASSED AND ADOPTED at a regular meeting of the City COUI
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to wit: 8
City of Carlsbad on the 3rd day of March , 1998, by the follo
9 AYES: Council Members Lewis, Nygaard, Kulchin and Hall
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NOES: None
ABSENT: Council Member Finnila
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APPROVED AS TO FORM AND LEGALITY n L RONALD R. BALL,
Q. L
City Attorney
3- 9-7 8.
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ATTEST:
ALETHA L. RAUTENKRANZ, City Ck
(SEAL)
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