HomeMy WebLinkAbout1996-07-09; City Council; 13733; LOCAL COASTAL PROGRAM EFFECTIVE CERTIFICATION - LCPA 95-15 | MP 177-Q| MP 175-G| MCA 96-01| ZCA 95-030)
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(I CITY OF CARLSBAD - AGkNDA BILL 0
DEPT.HD. g
CITY ATl’Ya - - CITY MGF4
AB# 1’ 7 3 3 TITLE:
LOCAL COASTAL PROGRAM EFFECTIVE
CERTIFICATION - LCPA 95-15MP 177(Q)IMP MTG, 7/9/96
DEPT. PLN8 175(G)/MCA 96-01/ZCA 95-03
RECOMMENDED ACTION:
That the City Council APPROVE City Council Resolution No. ?/,-gpjc? reaffirm
Coastal Commission’s Suggested Modifications and agreeing to issue 1
Development Permits; adopting the amendment to the Local Coastal P
Ordinances, and the Coastal Commission’s Suggested Modifications and adc
introduction to the Land Use Plan and Implementation Sections; and INTRl
Ordinances No. his-364 r /u‘S-3~5 , dV’5 -366 and fl~-.3&3 , amendin!
19 and 21 of the Carlsbad Municipal Code to add implementing language for thc
Local Coastal Program, and amending the Aviara and Kaiza-Poinsettia Master F
incorporate Suggested Modifications.
ITEM EXPLANATION:
The City has pursued obtaining coastal permit authority from the California (
Commission for several years. In 1980-5 the City’s Local Coastal Program (LC
Certified (approved) by the Coastal Commission, but the final steps of a1
(Effective Certification) were not taken due to work constraints and disagreemen
certain policies. The LCP consists of policies and implementing ordinances
regulate land use in the City’s coastal zone. The body of the original LCP text, (
and approved by the City and Coastal Commission in 1980-85) is not propo!
review with these actions. The actions which are requested by the City Council
time are to review and approve the limited changes which staff proposes to the
ordinances and land use plan, insert the language into the Municipal Code and a
the associated resolutions to allow the city to complete the remaining Ef
Certification procedural actions which are necessary to obtain coastal permit auth
Effective C e rt i f i c a t i on w i I I “stream I i ne “ a p p I i ca t i o n pro ces si n g - C u rre n t I y
applicants for development in the coastal zone must apply for permits sequential1
both the City and the Coastal Commission. Completion of Effective Certificatil
ensure that, in the majority of cases, coastal permit applications will only have
made to the City.
This item proposes the final Effective Certification steps, as follows:
1. Amend the Local Coastal Proqram
Amendments must be adopted which update the LCP text originally certif
the Coastal Commission in 1980-85. Introductions to portions of the LC
use plan and Implementation section have been added and minor modific
are proposed to some Coastal Ordinance text and numbering to adjust it
current structure of the zoning ordinance.
/ -
PAGE 2 OF AGENDA m BILL NO. '3, '7 3 3 1)
Additionally staff proposes to add some legally required, updated prc
which are missing from the existing code. Introductions to portions of
Land Use Plan have also been added. These changes are not substant
will be submitted for "administrative" (De Minimis) approval by the
Commission.
2. Enact the Coastal Ordinances
Once the Coastal Ordinances are amended they must be formally inser
the City Zoning Ordinance by a zone code amendment. The Coastal Orc
will add the following regulations to the Zoning ordinance:
a. General Requlations and Procedures for Coastal Development
(Sections 21.200 and 21.201) These are general coastal
processing procedures, including noticing, exemptions and
requirements.
b. Overlay Zones
Coastal Agricultural Overlay Zone - Mello I and Mello II (1
21.202);Coastal Resource Protection Overlay Zone - Mello II (1
21.203);Coastal Shoreline Development Overlay Zone - Mello II (1
21.204). These regulations provide for the conversion of agricultu
for development and for the protection of coastal resources.
c. Miscellaneous Additions/Alterations
This section includes definitions and additions to the Planned Cor-r
zone and procedures.
3. Reaffirm the California Coastal Commission's Suaaested Modifications
"Suggested Modifications" are changes required by the Coastal Comr
during the prior approval of Local Coastal Program amendments and cor
the following:
a. Changes suggested subsequent to the original certification of the
1980-5.
b. Changes suggested during the Aviara and Kaiza Poinsettia Local Coa
Program Amendments.
4. Amend City Plans
Because the Suggested Modifications discussed in item 3b above also i
the Aviara and Kaiza Poinsettia Master Plans, Master Plan Amendments
also be made to these documents to ensure consistency with the LCP.
Adopt a Municipal Code Amendment.
This action would add language to Title 19 concerning environmental I
within the Coastal Zone. This ordinance subsection was originally certified L
5.
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!R 0 PAGE 3 OF AGE A BILL NO. /3 73 3
Coastal Commission in 1980-5 and needs to be formally added to the IL
Code by an amendment.
6. AcceDt the authoritv to issue Coastal Permits; acknowledqe receiDt
Coastal Commission's resolution of Certification and aqree to its terms.
These actions are procedural steps of Effective Certification legally req
the Coastal Act of 1976 and its implementing regulations.
With the completion of the above City actions, the final Effective Cer
processing can commence with the State Coastal Commission to obtain City
Permit authority for the majority of the Coastal Zone. The Coastal Act requires
that the Coastal Commission still issue permits for development on ti
submerged lands and public trust lands. Additionally, depending on their
some city approved permits may still be appealable to the Coastal Commissi
Agua Hedionda segment has also been removed from this Effective Cer
process because the SDG&E Company is currently preparing land use plan rf
The Village Redevelopment Area already has Effective Certification.)
The Coastal Act requires Coastal Development Permits for a wide ri
development, some of which would normally only require a City building
Therefore City Coastal Permit authority may increase the number of permits
and processed by the City. In addition to existing discretionary City Deve
Permits, City Coastal Permits will also be necessary for most of the other deve
within the coastal zone. Overall, the development review process for applicant
significantly shortened by the concurrent review of the coastal permits with t
city permits, and removal of the need to apply subsequently to the State.
Planninq Commission Action:
These items were recommended for approval by the Planning Commission
meeting of, June 5,1996, by a 6-0 vote. No testimony was received at th
hearing.
California Environmental Qualitv Act:
This item is statutorily exempt from the California Environmental Quality Act (
CEQA does not apply to activities and approvals pursuant to the California Coa
by any Local Government for the preparation and adoption of a Local Coastal Pr
Summarv:
These Zone Code and Master Plan amendments and "Acceptancen resolutions
final administrative steps which the City needs to take before applying for
permit authority from the State.
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PAGE 4 OFAGEtv e A BILL NO. 13, 733 0
FISCAL IMPACT:
The assumption of coastal permitting by the City will result in additional admin
costs. These costs will be recouped by permit fees. It is therefore anticipa
there will be no fiscal impact to the City of Carlsbad.
EXHIBITS:
1.
2. City Council Ordinance No. NS- 31b Y (Title 19)
3. City Council Ordinance No.dS- 3bS (Title 21)
4. City Council Ordinance NO.@*C--~~~P ( Aviara Master Plan)
5. City Council Ordinance No.dS - 363 (Kaiza-Poinsettia Master Plan)
6. Planning Commission Resolutions No. 3922, 3923, 3924, 3926, 3:
7.
8.
City Council Resolution No. 56 -a 5 8
3934
Planning Commission Staff Report, dated June 5, 1996
Excerpts of Planning Commission Minutes, dated June 5, 1996.
NOTE: LOCALCOASTALPROGRAM - 1996,VOL I & I1 (2 largs binders) are filed
on the shelf in the vault.
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RESOLUTION NO. 9 6 - 2 5 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REAFFIWG THE COASTAL
COMMISSION’S SUGGESTED MODIFICATIONS; AGWE-
ING TO ISSUE COASTAL DEVELOPMENT PERMITS;
ACKNOWLEDGING THE RECEIPT OF THE COASTAL
COMMISSION’S RESOLUTION OF CERTIFICATION AND
AGREEING TO ITS TERMS; AND ADOPTING THE
AMENDMENTS TO THE LOCAL COASTAL PROGRAM
ORDINANCES, AND ADDING INTRODUCTIONS TO THE
LAND USE PLAN AND IMPLEMENTATION SECTIONS
CASE NAME: LOCAL COASTAL PROGRAM EFFECTIVE
CERTIFICATION
CASE NO: LCPA 95-15
WHEREAS, on May 1,1996 and on June 5,1996, the Planning Commii
duly noticed public hearings to consider a Local Coastal Program Amendment (LCPI
Master Plan Amendments (MP177(Q) and (MP 175(G); Municipal Code Amendment (
01; and Zone Code Amendment (ZCA 95-03), for Local Coastal Program Effective Cei
on properties located within the City’s coastal zone, with the exception of areas cover
Agua Hedionda and Village Redevelopment Segments, and adopted Planning Co
Resolutions No. 3922,3923,3926,3927,3934 and 3924 respectively, recommending a1
the City Council; and
WHEREAS, the City Council of the City of Carlsbad, on the 9th
JULY 1996, held a public hearing to consider the recommendations and
persons interested in or opposed to the LCPA 95-15, MP 177(Q), MP 175(G), MCA ‘
ZCA95-03;and .
NOW, THEREFORE, BE IT RESOLVED by the City Council of thr
Carlsbad as follows:
1.
2.
That the above recitations are true and correct.
That the recommendation of the Planning Commission for the appro1
Local Coastal Program Amendment (LCPA 95-15) is approved and 5
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findings and conditions of the Planning Commission contained in
commission Resolutions No. 3922 and 3923 on file with the City (
incorporated herein by reference, are the findings and conditions of
Council.
That the recommendation of the Planning Commission to 1) reaffirm tk
Commission's Suggested Modifications; 2) agree to issue Coastal Dei
Permits; 3) acknowledge receipt of the Coastal Commission's Resc
Certification and agreeing to its terms; 4) adopt the amendments to
Coastal Program Ordinances; and 5) add introductions to the Land Use
Implementation Sections, as contained in Planning Commission Resolu
3922 and 3923 are approved, and that the findings and conditions of the
Commission in said resolutions are the findings and conditions of
Council.
3.
4, This action is final the date this resolution is adopted by the City Coui
provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time I
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sou
governed by Code of Civil Procedure, Section 1094.6, which has been
applicable in the City of Carlsbad by Carlsbad Municipal Code C,
1.16. Any petition or other paper seeking judicial review must be fi
the appropriate court not later that the nineteenth day following the dl
which this decision becomes final; however, if within ten days aft(
decision becomes final a request for the record of the deposit in an a1
sufficient by the required deposit in an amount sufficient to covt
estimated cost of preparation of such record, the time within which
following the date on which the record is either personatly deliver
mailed to the party, or his attorney of record, if he has one. A v
request for the preparation of the record of the proceedings shall be
with the City Clerk, City of Carlsbad, 1200 Carlsbad Village 1
Carlsbad, California 92008."
petition may be filed in court is extended to not later than the thirtiet
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PASSED, APPROVED AND ADOPTED at a regular meeting I
JULY City Council of the City of Carlsbad, California, on the 9th day of
1996, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Fir
ATTEST:
wJ.Qa-
ALETHA L. RAUTENKRANZ, City Cldk
(SEAL)
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ORDINANCENO. NS-364
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 19 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF A
SECTION IMPLEMENTING THE LOCAL COASTAL PERMIT
PROGRAM FOR THE CITY'S LOCAL COASTAL PROGRAMS
IN THE MELLO I, 11, AND EAST AND WEST BATIQUITOS
LAGOON SEGMENTS.
CASE NAME: CITY OF CAWSBAD LOCAL COASTAL
TION
PROGRAM EFFECTIVE CERTIFICA-
CASE NO: MCA 96-01
WHEREAS, the City of Carlsbad has made revisions to the City of C
Local Coastal Program Implementing Ordinances in order to fit these ordinances v
structure of Title 19 of the existing Municipal Code; and to update or augment the regu
improve their utility.
WHEREAS, the City of Carlsbad requests that the Coastal Commissio
these revisions as "De Minimis Local Coastal Program Amendments" (under Section
of the Public Resources Code) as part of the Executive Director's Determination in a
with Article 13 Section 13544.5 (b) and (c) of the California Administrative Code.
NOW, THEREFORE, The City Council of the City of Carlsbad, Calif(
ordain as follows:
SECTION I: That Title 19, Chapter 19.04 of the Carlsbad Municipi
amended by the addition of Section 19.04.060 Subsection (h) to read as follows:
'I 19.04.060 General Responsibilities.
(h) Within the coastal zone, if the environmental impact review procesi
archaeological or paleontological resources that could be adversely impacted by de
additional site specific review shall be undertaken by a qualified professional to del
appropriate means to mitigate the adverse effects. These mitigation measures shall be
be implemented as a condition of development.
They may include the requirement that an archaeologist is present onsite during gradin
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EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption. The city clerk shall certify the adoption of this ordinance and cause it to be F
at least once in a newspaper of general circulation in the City of Carlsbad within fifi
after its adoption. Notwithstanding the foregoing, this ordinance shall not be effecl
approved by the Coastal Commission.
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PASSED AND ADOPTED at a regular meeting of the City Council of th
Carlsbad on the day of ,1996, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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ORDINANCE NO. NS - 3 6 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION AND AMENDMENT OF VARIOUS SECTIONS AND BY THE
THE LOCAL COASTAL PERMIT PROGRAM FOR THE CITY'S LOCAL COASTAL PROGRAMS m THE MELLO I, 11, AND EAST AND WEST BATIQUITOS LAGOON SEGMENTS. CASE NAME: CITY OF CAR.LSBAD LOCAL COASTAL
ADDITION OF CHAPTERS, 21.201-205 ALL IMPLEMENTING
PROGRAM EFFECTIVE CERTIFICATION CASE NO: 2CA 95-03
WHEREAS, the City of Carlsbad has made revisions to the City of Carlsb,
Coastal Program Implementing Ordinances in order to fit these ordinances within the stmct
existing zoning ordinance (Title 21 of the Carlsbad Municipal Code); and to update or aui
regulations to improve their utility.
WHEREAS, the City of Carlsbad requests that the Coastal Commission inc
revisions as "De Minimis Local Coastal Program Amendments" (under Section 30514 I
Public Resources Code) as part of the Executive Director's Determination in accordance wj
13 Section 13544.5 (b) and (c) of the California Administrative Code.
NOW, THEREFORE, The City Council of the City of Carlsbad, Califoi
ordain as follows:
SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal
amended by the addition of Section 21.04.107 to read as follows:
"21.04.107 Development (In The Coastal Zone). Development: (within the Coastal Zone) means, on land, in or under water, the plac erection of any solid material or structure; discharge or disposal of any dredged material gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extractic materials; change in the density or intensity of use of land, including, but not limited to, su pursuant to the Subdivision Map Act (commencing with Section 66410 of the Governme and any other division of land, including lot splits, except where the land division is brough connection with the purchase of such land by a public agency for public recreational use; the intensity of use of water, or of access thereto; construction, reconstruction, demc alteration of the size of any structure, including any facility of any private, public, or 3 utility; and the removal or harvesting of major vegetation other than for agricultural purpc harvesting, and timber operations which are in accordance with a timber harvesting plan : pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commenc
Section 45 1 1).
As used in this section, "structure" includes, but is not limited to, any building, r(
flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and di
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line."
amended by the addition of Section 21.33.015 to read as follows: SECTION 11: That Title 21, Chapter 21.33 of the Carlsbad Municipa
"2 1 -3 3 .O 15 Carlsbad State Beach. Developments on Carlsbad State Beach will require permits subject to the requii the certified Local Coastal Program. The Local Coastal Program certified a coastal development overlay zone applicable to Carlsbad State Beach. It also established polici overall Master Plan for the area."
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SECTION III: That Title 21, Chapter 21.38 of the Carlsbad Municipal Code
is amended by the addition of Section 2 1.38.14 1 to read as follows:
"21 -38.141 Additional Standards: Rancho La Costa, Batiquitos Lagoon Watershed. NOTE: Applies only to Rancho La Costa, Hunt Properties, covered by the Mt Segment. The contents of the Master Plan as described in Chapter 21.38.060 shall in following additional information required below and be approved in accordance with the additional development standards:
(a) Permits-Required. Developments as defined in Chapter 2 1.04.107, (includi limited to land divisions) require a coastal development permit subject to the requireme zone. All uses in this zone are subject to the procedural requirements of Chapter 21.20 1. simultaneously with the approval of any division of land or any other development, a mas development for the property called Rancho La Costa shall be approved in accordance provisions of this chapter. Maximum Density of Development. The Master Plan shall be approved si maximum density of development as follows:
(1) Agricultural Land (with soils rated at I through IV under the 1 Capability Classification System of the Soil Conservation Service) shall result in an
(b)
intensity of development of 1 residential dwelling unit per 10 acres,
(2) of 1 dwelling unit per ten acres,
(3) intensity of 1 dwelling unit per five acres,
(4) intensity of 1 dwelling unit per acre,
(5)
All slopes greater than 25% shall result in an allowable deveIopmen
All slopes greater than 20% but less than 25% shall result in a de\
All slopes greater than 15% but less than 20% shall result in a del
All slopes greater than 10% but less than 15% shall result in a de7
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intensity of 2 dwelling units per acre,
(6) All areas with a slope of less than 10% shall result in a developmeni of 6 units per acre.
The Master Plan shall include a topographic map at a scale sui
determine the above but no less than 1"=100 feet having a contour interval of 5 feet wit1
delineating areas of greater than 10, 15,20, and 25 percent slopes. A map showing the ty
erodibility, and class based on the Land Use Capability Classification System of
Conservation Service shall be submitted in the same scale as the slopes. The Master Plan s
the computation of the densities and acreage of soils of the various classes and erodibility.
a registered engineer or other qualified professional to be true and accurate containing r(
accurate estimates of the amount of cut and fill. The plan shall show the existing and thc
topography of the ground to be graded and filled, including a site plan of the proposed resi
commercial development in the same scale so that it can be superimposed upon the topogra
Drainage and Erosion Control. Any development proposal that affects ste
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The plan required as a part of the Master Plan shall be certified as a(
(c)
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(25% inclination or greater) shall be required to prepare a slope map and analysis for th
slopes. Steep slopes are identified on the PRC Toups Maps. The slope mapping and ana
be prepared during the CEQA environmental review on a project-by-project basis anc
required as a condition of a coastal development permit.
For those slopes mapped as possessing endangered plant/animi
andor coastal sage scrub and chaparral plant communities, the following policy langus
Slopes of 25% grade and over shall be preserved in their nat
(1)
apply:
unless the application of this policy would preclude any reasonable use of the property,
case an enuroacbent not tu exceed 10% of the steep slope area over 25% grade may be r
For existing legal parcels, with all or nearly all of their area in slope area over 2'
encroachment shall be limited so that at no time is more than 20% of the entire parcel 1
areas under 25% slope) permitted to be disturbed from its natural state. This policy shall
to the construction of roads of the City's Circulation Element or the development of utility
Use of slopes over 25% may be made in order to provide access to flatter areas if there
environmentally damaging alternative available.
(B) No further subdivisions of land or utilization of Plar
Developments shall occur on lots that have their total area in excess of 25% slope unless
Unit Development is proposed which limits grading and development to not more than 1
total site area.
Slopes and areas remaining undisturbed as a result of th
review process, shall be placed in a permanent open space easement as a condition of de\
erosion and slide hazards, to prohibit the removal of native vegetation except for creating
and/or planting fire retardant vegetation and to protect visual resources of importance to
community.
For all other steep slope areas, the City Council may allow excepti
above grading provisions provided the following mandatory findings to allow exceptions ar
(A) A soils investigation conducted by a licensed soils eng
determined the subject slope area to be stable and grading and development impacts mitiL
at least 75 years, or life of structure.
(B) Grading of the slope is essential to the development intent anc
(C) Slope disturbance will not result in substantial damage or alt
major wildlife habitat or native vegetation areas.
(D) If the area proposed to be disturbed is predominated by ste
and is in excess of 10 acres, no more than one third of the total steep slope area shall be
major grade changes.
(E) If the area proposed to be disturbed is predominated by st(
and is less than 10 acres, complete grading may be allowed only if no interruption of :
wildlife corridors occurs.
(F) Because north-facing slopes are generally more prone tu
problems and in many cases contain more extensive natural vegetation, no grading or rc
vegetation from these areas will be permitted unless all environmental impacts have been n
Overriding circumstances are not considered adequate mitigation.
Drainage and runoff shall be controlled so as not to exceed at any tin
associated with property in its present state, and appropriate measures shall be taken on and
to prevent siltation of lagoons and other environmentally sensitive areas.
(A)
(C)
approval, The purpose of the open space easement shall be to reduce the potential for
(2)
(3)
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(4)
(5)
The appropriate measures shall be installed prior to onsite grading.
Modification of these standards and criteria may be granted to pc
properties where strict application of the standards and criteria would, even after appli
clustering and other innovative development techniques, result in less than one-ha
development potential that would be attainable under the maximum density of de)
specified in(b) above.
Such modification shall be limited to the standards and criteria exp
(c)(l)(A) above, and shall not exceed that necessary to the attainment of said one-h,
development potential.
Where such modification must involve grading or other disruption o
20% slope or greater, such grading or disruption shall be limited to not more than one-fot
land area of the property which is of 20% slope or greater.
In selecting areas within the property of 20% slope or greater whic
subject to modification of standards and criteria, lands with the following characteri:
receive preference.
a Land with the lowest relative degree of environmental sensiti
a Land with the relatively gentler slopes.
0 Land which will require the least amount of cut and fill,
which runoff and erosion can be most effectively controlled.
0 Land with the least amount of visual impact when viewt
circulation element road or public vista point.
0 Land which, when graded and developed, .would have
environmental and visual impact on the steep-sloped land form upon which such g
development is to take place.
A site specific technical report shall be required addressing the c
effects of developing each subwatershed and recommending measures to mitigate both
runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosic
Ordinance contained in the Master Drainage Plan, with the additions and changes adopi
such that a natural drainage system is generally preserved for the eastern undeveloped u
but that storm drains are allowed for those western portions of the watershed which ha
been incrementally developed.
Mitigation measures tailored to project impacts and consistent with i
of cumulative development shall be implemented prior to development in accordanct
following additional criteria:
Submittal of a runoff control plan designed by a licensec
qualified in hydrology and hydraulics, which would assure no increase in peak runoff rat
developed site over the greatest discharge expected from the existing undeveloped site as
a 10-year frequency storm. Runoff control shall be accomplished by a variety of
including, but not limited to, onsite catchment basins, detention basins, siltation traps i
dissipators and shall not be concentrated in one area or a few locations.
(B) Detailed maintenance arrangements and various altern
providing the ongoing repair and maintenance of any approved drainage and erosi
facilities. If the offsite or onsite improvements are not to be accepted or maintained t
agency, detailed maintenance agreements shall be secured prior to issuance of a permit.
All permanent runoff and erosion control devices shall be
and installed prior to or concurrent with any onsite grading activities.
(6)
(7)
(A)
(C)
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(D) All grading activities shall be prohibited whhh the pe
October 1 st to March 3 1 st of each year.
(E) All areas disturbed by grading, but not completed d
construction period, including graded pads, shall be planted and stabilized prior to Octobc
temporary or permanent (in the case of finished slopes) erosion control measures i
vegetation. The use of temporary erosion control measures, such as berms, intercept(
sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjuni
plantings to minimize soil loss from the construction site. Said planting shall be accompli!
the supervision of a licensed landscaped architect and shall consist of seeding, mulching, f;
and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be I
the required level of coverage is not established. This requirement shall apply to all distu
including stockpiles.
Bufferdopen Space. The master plan shall include buffers and open
separate agriculture use from residential development.
Adequate buffer areas, generally of at least 100 feet, between agricultural
and new development shall be established and protected through conservation easements.
area shall include natural vegetation, natural grade separations, and other natural fez
addition, roads shall be designed as much as possible to function as buffers between agric
residences. Residential uses shall be sited and designed to provide an open space area i
use conflicts. Cut and fill shall not occur adjacent to agricultural areas in order to provid
buffer. The P-C zone requirement of open space can be used in conjunction with this rec
Lands to be preserved in open space shall be dedicated to coastal conservancy through
open space easements in perpetuity free of prior liens prior to issuance of a permit. Land
open space easements may remain in private ownership with the appropriate easen
restrictions and maintenance arrangements to be secured from the developer prior to issi
permit. The City shall require the developer or a homeowner's association to maintain the c
area or it can alternatively require payment of fees if the Coastal Conservancy certifie
maintenance fee is adequate. If a homeowner association is to maintain the open space, a
provision for fees and maintenance shall be required as a condition of approval of the perm
SitingParking. Due to severe site constraints, innovative siting and desi
(including shared use of driveways, clustering, tandem parking, pole construction)
incorporated in the Master Plan to minimize the paved surface area. Dwelling units shall b
in the relatively flat portions of the site."
(d)
(e)
SECTION IV: That Title 2 1, Chapter 2 1.38 of the Carlsbad Municipal Cod<
is amended by the addition of Section 21.38.160 to read as follows:
"21.38.160 Additional Standards - Upper Anua Hedionda Watershed.
The Contents of a Master Plan for Kelly Point and Macario Canyon area as identil
Carlsbad Local Coastal Program shall include the following additional information requj
and be approved in accordance with the following additional development standards:
Permits - Required. Developments as defined in Chapter 21.04.107, (inc
not limited to land divisions) require a coastal development permit subject to the requirerr
zone. All uses in this zone are subject to the procedural requirements of Chapter 21.201.
(a)
simultaneously with the approval of any division of land or any other development, a mas
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development for the property containing the requirements specified below shall be subn-
approved.
(b) Maximum Density of Development. The Master Plan shall be approved su
maximum density of development as follows:
(1) All slopes greater than 25 percent shall result in an allowable de\
intensity of 1 dwelling unit per ten acres;
(2) All slopes greater than 20 percent but less than 25 percent shall r
development intensity of 1 dwelling unit per five acres;
(3) AI1 slopes greater than 15 percent but less than 20 percent shall r
development intensity of 1 dwelling unit per acre;
(4) All slopes greater than 10 percent but less than 15 percent shall I
development intensity of 2 dwelling units per acre;
intensity of 6 units per acre;
For the Kelly Ranch Master Plan area, residential densities and slo]
shall be permitted and based on those contained in the City approved master plan and as ap
the Coastal Commission in Permit 6-84-6 17.
(7) Approximately 4 acres located adjacent to the extension of Cannon
as described in Coastal Development Permit 6-84-6 17 are designated for visitor-s
Neighborhood Commercial use.
The plan required as a part of the Master Plan shall be certified as ac
a registered engineer or other qualified professional to be true and accurate containing I
accurate estimates of the amount of cut and fill. The plan shall show the existing and th
topography of the ground to be graded and filled, including a site plan of the proposed res
commercial development in the same scale so that it can be superimposed upon the topogra
The Master Plan shall include a topographic map at a scale su
determine the above but no less than 1" = 100 feet having a contour interval of 5 feet wit
delineating areas of greater than 10, 15, 20, and 25 percent slopes. A map showing the t]
erodibility, and class based on the Land Use Capability Classification System of
Conservation Service shall be submitted in the same scale as the slopes. The Master Plan !
the computation of the densities and acreage of soils.
(c) Erosion, Drainage, Sedimentation. Subject to the modifications, adc
exceptions expressed below, as a part of the permit application, the applicant shall submit i
sedimentation and drainage plan, prepared by a qualified professional, including the requi
the Model Erosion Control Ordinance reprinted in the Appendix to the June 1980 Carlst
Drainage Plan, the requirements of the Master Drainage Plan, and the additional re(
specifically enumerated herein. For purposes of this zone, the June 1980 Master Drainag
its appendices are herein incorporated by this reference and are a part of this zone. No I
amendments are a part of this zone unless certified by the Coastal Commission. T
provisions, standards, content of plans and implementation contained therein are in addi
provisions below. Approved development shall include the following conditions, in addi
requirement specified above:
A soils map in the scale of 1" = 100 feet, showing both the erodibil
and the type and location of soils, using the SCS Land Use Capability Classification S
standards of erodibility developed by SCS. The soils map shall be certified by a soils c
true and accurate.
(5) All areas with a slope of less than 10 percent shall result in a del
(6)
(1)
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(2) Any development proposal that affects steep slopes (25% inclii
greater) shall be required to prepare a slope map and analysis for the affected slopes. Ste
are identified on the PRC Toups Maps. The slope mapping and analysis shall be prepared c
CEQA environmental review on a project-by-project basis and shall be required as a cond
Coastal Development Permit.
For those slopes mapped as possessing endangered pla
species and/or coastal sage scrub and chaparral plant communities, the following policy
would apply:
Slopes of 25% grade and over shall be preserve(
natural state, unless the application of this policy would preclude any reasonable use of the
in which case an encroachment not to exceed 10% of the steep slope area over 25% grac
permitted. For existing legal parcels, with all or nearly all of their area in slope area over 2
encroachment may be permitted; however, any such encroachment shall be limited so that
is more than 20% of the entire parcel (including areas under 25% slope) permitted to be
from its natural state. This policy shall not apply to the construction of roads or
Circulation Element or the development of utility systems. Uses of slopes over 25% may t
order to provide access to flatter areas if there is no less environmentally damaging i
available.
No further subdivisions of land or utilization of Pla
Developments shall occur on lots that have their total area in excess of 25% slope unless
Unit Development is proposed which limits grading and development to not more than 1
total site area.
Slopes and areas remaining undisturbed as a res1
hillside review process, shall be placed in a permanent open space easement as a co
development approval. The purpose of the open space easement shall be to reduce the pc
localized erosion and slide hazards, to prohibit the removal of native vegetation except fc
firebreaks and/or planting fire retardant vegetation and to protect visual resources of imp
the entire community.
For all other steep slope areas, the City Council may allow I
to the above grading provisions provided the following mandatory findings to allow excc
made:
A soils investigation conducted by a licensed soils er
determined the subject slope area to be stable and grading and development impacts miti:
at least 75 years, or life of structure.
Grading of the slope is essential to the development
design.
Slope disturbance will not result in substantial (
alteration to major wildlife habitat or native vegetation areas.
If the area proposed to be disturbed is predominate
slopes and is in excess of 10 acres, no more than one third of the total steep slope art
subject to major grade changes.
If the area proposed to be disturbed is predominate
slopes and is less than 10 acres, complete grading may be allowed only if no intei
significant wildlife corridors occurs.
(vi) Because north-facing slopes are generally more
stability problems and in many cases contain more extensive natural vegetation, no
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removal of vegetation from these areas will be permitted unless all environmental impacts E
mitigated. Overriding circumstances are not considered adequate mitigation.
Drainage and runoff shall be controlled so as not to exceed at any tim
associated with property in its present state, and appropriate measures shall be taken on and/
to prevent siltation of Agua Hedionda Lagoon and other environmentally sensitive areas.
The appropriate measures shall be installed prior to onsite grading.
All undevelopable slopes shall be placed in open space easemz
condition of development approval.
A site specific technical report shall be required addressing the ci
effects of developing each subwatershed and recommending measures to mitigate both
runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosio
Ordinance contained in the Master Drainage Plan, with the additions and changes adoptc
such that a natural drainage system is generally preserved for the eastern undeveloped w
but that stormdrains are allowed for those western portions of the watershed which have alrc
incrementally developed.
Mitigation measures tailored to project impacts and consistent with t!
of cumulative development shall be implemented prior to development in accordance
following additional criteria:
Submittal of a runoff control plan designed by a licensed
qualified in hydrology and hydraulics, which would assure no increase in peak runoff rat€
a 10-year frequency storm.
including, but not limited to, onsite catchment basins, detention basins, siltation traps sc
dissipators and shall not be concentrated in one area or a few locations.
(B) Detailed maintenance arrangements and various altern:
providing the ongoing repair and maintenance of any approved drainage and erosic
facilities. If the offsite or onsite improvements are not to be accepted or maintained b:
agency, detailed maintenance agreements shall be secured prior to issuance of a permit.
(C) All permanent runoff and erosion control devices shall be
and installed prior to or concurrent with any onsite grading activities.
(D) All grading activities shall be prohibited within the pe
October 1 to March 3 1 of each year.
(E) All areas disturbed by grading, but not completed d
construction period, including graded pads, shall be planted and stabilized prior to Novem
temporary or permanent (in the case of finished slopes) erosion control measures :
sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunc
plantings to minimize soil loss fiom the construction site. Said planting shall be accompli!
the supervision of a licensed landscape architect and shall consist of seeding, mulching, f;
and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be I
the required level of coverage is not established. This requirement shall apply to all distu
including stockpiles.
Agricultural Preservation. Due to overriding and extensive wetland preser
protection provisions of the Kelly Ranch Master Plan as approved by the City of Ca
California Coastal Commission in Permit 6-84-6 17, agricultural preservation policies are \.
Agricultural preservation policies for the remaining areas covered by this
(3)
(4)
(5)
(6)
(7)
(A)
developed site over the greatest discharge expected fiom the existing undeveloped site as i
Runoff control shall be accomplished by a variety of
vegetation. The use of temporary erosion control measures, such as berms, interceptc
(d)
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have been deleted by Local Coastal Program Amendment 2-85.
designation, provided that any park construction is subject to Section (C), Erosion,
(e) Park Purposes. Park purposes shall be a permitted use compatible with thii
Sedimentation above.
Siting/Parking. Due to severe site constraints, innovative siting and desil
(including shared use of driveways, clustering, tandem parking, pole construction)
incorporated in the Master Plan to minimize the paved surface area. Dwelling unit:
clustered in the relatively flat portions of the site."
(0
SECTION V: That Title 21, Chapter 21.40 of the Carlsbad Municipa
amended by the addition of Section 21.40.135 to read as follows:
"21.40.135 Coastal Zone Restrictions.
Within the coastal zone, existing public views and panorama shall be maintained
the individualized review process, sites considered for development shall be conditioned sl
obstruct or otherwise damage the visual beauty of the coastal zone. In addition to'the abc
limitations and see-through construction techniques should be employed. Shoreline de
shall be built in clusters to leave open areas around them to permit more frequent vie
shoreline. Vista points shall be incorporated as a part of larger projects. The unique chsu
of older comm~ities such as the Carlsbad Village Drive corridor shall be preserved throi
requirements which are in accordance with the flavor of the existing neighborhood."
SECTION VI: That Title 21, Chapter 21 -41 of the Carlsbad Municipa
amended by the addition of Section 2 1.41.070, Subsection (1 1) to read as follows:
"21.41.070 (11)
(1 1) The following sign restrictions apply to properties in the coastal zone excep
(A)
(B) feet in height, including mounting.
(C) apply where three (3) or fewer commercial establishments exist on a parcel.
Tall freestanding and road signs shall not be allowed.
Off-premise signs shall not be allowed."
Hedionda Lagoon and Village Redevelopment Segments.
Each business shall be entitled to one facade sign.
Each shopping complex shall have only one directory sign not to
Monument sign height including mounting shall not exceed 8 fee
(D)
(E)
SECTION VII: That Title 21, Chapter 2 1.42 of the Carlsbad Munici]
amended by the amendment of Section 21.42.020 Subsection (1) to read as follows:
"2 1 -42.020 Facts Rewired Prior To Granting Permit.
A conditional use permit shall be granted only if the following facts are found
regard thereto:
(1) That the requested use is necessary or desirable for the developml
community, is essentially in harmony with the various elements and objectives of the Ge
including if applicable the certified Local Coastal Program, and is not detrimental to exisi
to uses specifically permitted in the zone in which the proposed use is to be located;"
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SECTION VIII: That Title 21, Chapter 21 SO of the Carlsbad Municipa
amended by the amendment of Section 21.50.010 to read as follows:
"21.50.010 Variance - Granting Authoritv.
When practical difficulties, unnecessary hardships, or results inconsistent with tht
purpose of this title result through the strict and literal interpretation and enforcemer
provisions hereof, the Planning Commission shall have authority, as an administrative act, I
the provisions of this article, to grant upon such conditions as it may determine, such varia
the provisions of this title as may be in harmony with its general purpose and intent, so that
of this title shall be observed, public safety and welfare secured and substantial justice don
coastal zone, a variance shall not be allowed to diminish or otherwise adversely a
substantive requirements for protection of coastal resources."
SECTION IX: That Title 21, Chapter 21 SO of the Carlsbad Municipal
amended by the amendment of Section 21 S0.030, Subsection (4) to read as follows:
"21.50.030(4)
(4) That the granting of such variance will not adversely affect the comprehensiv
lan, or in the Coastal Zone, that the granting of such a variance is consistent with and im p the requirements of the certified Local Coastal Program and that the granting of such vari:
not reduce or in any manner adversely affect the requirements to protect coastal res(
specified in the zones included in this title and that the variance implements the purposes
adopted as implementation of the Local Coastal Program Land Use Plan."
SECTION X: That Title 21, Chapter 21.52 of the Carlsbad Municipal
amended by the amendment of Section 21.52.010 to read as follows:
"21.52.010 When.
Boundaries of the zones established by this title, the classification of property uses t
other provisions of this title may be amended whenever public necessity, convenience an
welfare require. Within the Coastal Zone such boundary changes shall not be effeci
approved as a Local Coastal Program Amendment.
SECTION XI: That Title 21, Chapter 21.52 of the Carlsbad Municipal Code is am
the amendment of Section 2 1.52.160 to read as follows:
"2 1.52.160 General Plan and LCP Amendments.
(a) Amendments to the General Plan or to any of the elements thereof shall be
in accord with this chapter. All provisions of this chapter applicable to the amendment o
shall also apply to General Plan amendments with the exception of the time requirement foi
Commission and City Council hearings. Planning Commission and City Council he
General Plan amendments shall be held at such times as the City Council shall by motion e:
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(b) Amendments to the certified Local Coastal Program shall be processed acc
Section 305 14 of the Public Resources Code."
SECTION XII: That Title 21, Chapter 21.54 of the Carlsbad Municip,
amended by the amendment of Section 21.54.050 to read as follows:
"21.54.050 Setting of Hearing.
All proposals for amending zone or General Plan boundaries reclassifications (
granting of any development permit or approval requiring a hearing as provided in this tit
set for hearing by the Director when such hearings are to be held before the Planning Cc
and by the City Clerk for hearings to be held before the City Council. Conditional uses in I
zone shall be subject to the requirements of this chapter and the additional requirements (
21.81 or 21.201 as applicable."
SECTION XIII: That Title 21, Chapter 21.54 of the Carlsbad Municip
amended by the addition of Section 21.54.060, Subsection (l)(e) to read as follows:
"21.54.060 (l)(e) Notices In The Coastal Zone.
(e) Within the coastal zone, notice shall additionally be provided to occupants 1
ft. of the site and to the Area Office of the California Coastal Commission. Such notic
mailed not less than ten days before the date of the public hearing."
SECTION XIV: That Title 21, Chapter 21.54 of the Carlsbad MuniciF
amended by the amendment of Section 21 S4.061 to read as follows:
"21.54.061 Content of Notice.
(a) The notice given pursuant to Section 21.54.060 shall include the date time
of a public hearing, the identity of the hearing body or officer, a general explanation of thc
be considered, and a general description, in text or diagram, of the location of the real 1
any, that is the subject of the hearing.
However, within the coastal zone such notice shall contain the following
information:
(1) a statement that the development is within the coastal zone;
(2) the date of filing of the application and the name of the applicant;
(3) the number assigned to the application;
(4) a brief description of the general procedure of local government (
(5) the system for local and Coastal Commission appeals, including an)
(b)
the conduct of hearing and local actions;
required, expressly stating whether the matter is appealable to the Coastal Commission."
SECTION XV: That Title 21, Chapter 21.54 of the Carlsbad Munici]
amended by the amendment of Section 21.54.100 to read as follows:
"2 1.54.100 Hearing Continuance Without Public Notice.
If, for any reason, testimony on any case set for public hearing cannot be complt
date set for such hearing, the person presiding at such public hearing may, before adjoi
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recess thereof, publicly announce the time and place to, and at which, said hearing will be c
and no further notice is required. However, within the coastal zone, if a decision on a dev
permit is continued by the local government to a time which is neither (a) previously stai
notice provided pursuant to Section 21 S4.060, nor (b) announced at the hearing to be conti
time certain, the City shall provide notice of the further hearings (or action on the
development) in the same manner and within the same time limits as established in
21.54.060 and 21.54.061."
SECTION XVI: That Title 21, Chapter 21.54 of the Carlsbad Municip,
amended by the amendment of Section 21.54.120 to read as follows:
"21.54.120 General Plan Amendments (Except For The Coastal Zone).
All provisions of this chapter applicable to the amendment of zone classifications
apply to amendments to the General Plan or to any of the elements thereof.
If the hearings for general plan amendments are held at the same time as hearing:
amendments under Chapter 21.52, the notice of such hearings may be combined with thos
for general plan amendments under this section."
SECTION XVII: That Title 2 1, Chapter 2 1.55 of the Carlsbad Municip
amended by the amendment of Section 21.55.020 to read as follows:
"21.55.020 Authority - Conflict.
This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing wi
65970) of Division 1 of Title 7 of the California Government Code. In the case of an
between the provisions of this chapter, and those of Chapter 4.7, the latter shall prevail.
SECTION XVIII: That Title 2 1, Chapter 2 1.56 of the Carlsbad Municip
amended by the amendment of Section 21.56.010 to read as follows:
"2 1 S6.010 Provisions To Be Minimum Requirements - Conflict Of Provisions.
In interpreting and applying the provisions of this title they shall be held to be the
requirement for the promotion of the public health, safety, comfort, convenience and gener
It is not intended by this title to interfere with or abrogate or annul any easement, covena
agreement between parties, provided, however, for developments located in the coa
easements, covenants, or other agreements between parties may not annul the req
restrictions or obligations placed on the zone. When this title imposes a greater restrictioi
use of building or land, or upon the height of buildings, or requires larger open space
imposed or required by other ordinances, rules, regulations, or by easements, COI
agreements, the provisions of this title shall control."
SECTION XIX: That Title 21, Chapter 21.61 of the Carlsbad Municir
amended by the addition of Section 21.61.025 to read as follows:
"2 1.6 1.025 Notification Of Litigation And Attorney General Intervention For Dei
In The Coastal Zone.
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government on a development permit in the coastal zone (including decisions on Non-A
developments) or where an appeal has been filed but the Commission has determined not tc
concerning its decision, the local government and plaintiff or petitioner shall promptly
copy of the complaint or petition to the Executive Director of the Commission. At the reqi
local government (with the concurrence of the Commission) or upon an order of the Coi
the Executive Director shall request the Attorney General to intervene in such litigation on
the Commission. Administrative remedies pertaining to coastal development permits are nc
to have been exhausted unless all appeal procedures provided by the California Coastal k
regulations have been utilized."
appeal, ad where litigation has subsequently been commenced againit tk local gQ
SECTION XX: That Title 21, of the Carlsbad Municipal Code is an
the addition of Chapter 21.20 1 to read as follows:
Chapter 21.201
Coastal Development Permit Procedures
Sections:
21.201.01 0 Purpose.
21.201.020 Definitions.
2 1.20 1.030 Requirements For Coastal Development Permits.
2 1.20 1.040 Application.
21.201.050 Determination of Applicable Notice and Hearing Procedures.
2 1.201.060 Exemptions and Categorical Exclusions from Coastal Development
Procedures.
21.201.070 Repair and Maintenance Activities Requiring a Coastal Developmer
Permit.
2 1.201,080 Minor Coastal Permits.
21.201.090 Notice of Public Hearing.
2 1.201.100
2 1.201.1 10
2 1.20 1.120
2 1.201.130
2 1 -20 1.140
2 1.201.150
2 1.20 1.160
2 1.20 1.170
21.201.180
2 1.20 1.190
21.201.200
21.201.210 Extensions.
2 1.201.220 Permit Amendment.
21.201.230
21.201.240
Notice of Local Government Action When Hearing Continued.
Planning Commission Action.
Appeal of Planning Commission Decision.
Appeals of Coastal Commission.
Exhaustion of Local Appeals.
Public Hearing on Appealable Developments.
Finality of City Action.
Notice of Final City Action.
Local Government Action - Effective Date.
Application for Emergency Permits.
Expiration of the Coastal Development Permit.
Coastal Development Permits Issued by Coastal Commission.
Violations of the Public Resources Code.
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in the coastal zone and in any case where no appeal has been filed from the decision (
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21.201.250 Severability.
"2 1.20 1 .O 10 Purpose.
This chapter establishes the permit procedures for developments located in the coa
This chapter is based on the Local Coastal Program Implementation Regulations adopt
as such shall constitute the minimum procedural requirements for review of developme
coastal zone pursuant to Public Resources Code Section 30600 (d)."
California Coastal Commission pursuant to Public Resources Code Sections 30620.6 and 2
"21.201.020 Definitions.
A. Aggrieved Person: Any person who, in person or through a representative
at a public hearing of the City in connection with the decision or action appealed, or whc
appropriate means prior to a hearing, informed the City of the nature of his concerns or wh
cause was unable to do either.
Allowable Use: Any use allowed by right which does not require a public
any discretionary or non-discretionary permit of the approving authority.
30603(a) any of the following:
1. Developments approved by the local government between the sea a;
public road paralleling the sea or within 300 feet of the inland extent of any beach or o
high tide line of the sea where there is no beach, whichever is the greater distance.
2. Developments approved by the local government not includ
paragraph C. 1. of this section located on tidelands, submerged lands, public trust lands,
feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of i
bluff.
Any development which constitutes a major public works project
energy facility. The phrase "major public works project or a major energy facility" as use
Resources Code Section 30603(a) (5) and its regulations shall mean any proposed pu
project, as defined by Section 13012 of the Coastal Commission Regulations, (Title 14
Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Cc
30107.
Appellant: Any person who may file an appeal and includes an app
aggrieved person or any two members of the Coastal Commission.
Applicant: The person, partnership, corporation, state or local governm
applying for a coastal development permit.
Approving Authority: The city officer, Planning Commission or Council i
coastal development permit.
Categorically Excluded Development: A development (upon request o
public agency or other person) which the Director has determined pursuant to Section21
of this Code to have no potential for significant adverse effect on Coastal Resources or 1
therefore, has issued an Exclusion.
Coastal Zone: The Coastal Zone shall mean the Coastal Zone of the City 1
as described in the Public Resources Code Section 30103. This Chapter shall apply in
Zone (except in the Agua Hedionda Lagoon and Village Redevelopment Segments).
B.
C. Appealable Development: In accordance with Public Resources Cod(
3.
D.
E.
F.
G.
H.
I. Commission: California Coastal Commission.
K.
J. Director: The Director of Planning.
Executive Director: Executive Director of the Coastal Commission.
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L. Local Coastal Program: The City's land use plan, zoning ordinances, zon
and other implementing actions certified by the Coastal Commission as meeting the requir
the California Coastal Act of 1976.
Major Energy Facility: Any energy facility as defined by Public Resou Section 30107 and exceeding one hundred thousand dollars in estimated cost of constructic
Major Public Works Project: Any public works project as defined bj
California Code of Regulations Section 130 12 and exceeding one hundred thousand
estimated cost of construction.
Permitted Use: Any use allowed by right which does not require a public hc
does require a discretionary or non-discretionary permit (e.g. building permit) to be issL
approving authority.
development permit required to be issued by the approving authority before a develop
proceed."
M.
N.
0.
P. Other Permits and Approvals: Permits and approvals, other than
"21.20 1.030 Requirements For Coastal Development Permits.
Except as provided in Section 21.201.060 below, any applicant wishing to UI
development (defined in Section 21.04.107) in the coastal zone shall obtain a coastal de
permit in accordance with the provisions of this Chapter, in addition to any other permit rc
law. Development undertaken pursuant to a coastal development permit shall conform to
specifications, terms and conditions approved in granting the permit. The procedures
herein may be used in conjunction with other procedural requirements of the approving
provided that the minimum requirements as specified herein are assured."
"21.201.040 Application
Application for a coastal development permit shall be made in 'accordance
procedures set forth in this section.
A. An application for a permit may be made by the record owner or own
property affected or the authorized agent of the owner or owners. The application shall be
the Director upon forms provided by the Director. The application shall be accom]
adequate plans which allow for detailed review pursuant to this chapter, a legal descript
property and all other materials and information specified by the Director.
At the time of filing the application the applicant shall pay a processing
amount specified by City Council resolution.
Unless the property has previously been legally subdivided and no further si
is required the application shall be accompanied by a tentative map which shall be filec
Director in accordance with procedures set forth in Chapter 20.12 of this code. If t
contains four or less lots or units, the application shall be accompanied by a tentative F
which shall be filed with the city engineer in accordance with procedures set forth in Cha
of this code.
of this title, notwithstanding this chapter, the application shall include sufficient informatio
review of such permit or approval. Application for all permits or approvals under this tit
coastal permit may be consolidated into one application.
The Director may require that the application contain a description of th
alternatives to the development or mitigation measures which will be incorporated
B.
C.
D, Whenever the development would require a permit or approval under the 1
E.
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development to substantially lessen any significant effect on the environment which may
by the development.
"21.201 .OS0 Determination Of Applicable Notice And Hearing Procedures.
The determination of whether a development is Exempt, Categorically Excluc
Appealable, or Appealable for purposes of notice, hearing and appeals shall be made by tl:
at the time the application for development is submitted. This determination shall be 1
reference to the certified Local Coastal Program, including maps, Categorical Exclusion:
designations, and zoning ordinances adopted as part of the certified Local Coastal Progra
an applicant, interested person, or the Director has a question as to the appropriate procc
following procedures shall be followed:
The Director shall make the determination as to what type of developmer
proposed (i.e. Exempt, Categorically Excluded, Appealable, Non-Appealable) and shall i
applicant of the notice and hearing requirements for that particular development.
If the determination of the Director is challenged by the applicant or an
person, or if the Director wishes to have a Commission determination as to the a
designation, the City shall notify the Commission by telephone of the dispute/question
request an Executive Director's opinion;
The Executive Director shall within two (2) working days of the Director r
upon completion of a site inspection where such an inspection is warranted), t
determination as to whether the development is Exempt, Categorically Excluded, Non-ApI
Appealable;
determination is not in accordance with the Director determination, the Commission sh
hearing for the purpose of determining the appropriate designation for the area. The Cc
shall schedule the hearing on the determination for the next Commission meeting in the a
geographic region following the Director request."
A.
B.
C.
D. Where, after the Executive Director's investigation, the Executive
"2 1.20 1.060 Exemptions and Categorical Exclusions From Coastal Developmc
A. Exemptions. The following projects are exempt from the requirements o
1.
Procedures.
development permit:
Improvements to existing single-family residential building except:
a.
b.
c.
On a beach, wetland or seaward of the mean high tide line.
Where the residence or proposed improvement would encro
fifty feet of the edge of a coastal bluff;
On property located between the sea and the first p~
paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high
sea where there is no beach, whichever is the greater distance, or in significant scenic resol
as designated by the Commission or regional Commission, improvement that would re
increase of 10 percent or more of internal floor area of an existing structure or an
improvement of 10 percent or less where an improvement to the structure had previc
undertaken pursuant to Public Resources Code Section 30610(a), increase in height by mc
percent of an existing structure and/or any significant non-attached structure such as garag
shoreline protective works or docks.
d. Any significant alteration of land forms including re
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placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the e
coastal bluff except as provided in subsections 21.201.060, 8 and 10.
e. Expansion or construction of water wells or septic systems.
For the purposes of this section an existing single-family re
building shall include all appurtenances and other accessory structures, including decks,
attached to the residence; accessory structures or improvements on the property normally a
with residences, such as garages, swimming pools, fences and storage sheds but not includ
houses or self-contained residential units; landscaping on the lot.
Improvements to existing structures other than a single-family resi
pubic works facility except:
a. On a beach, wetland, lake or stream or seaward of the mean
line.
b. Where the structure or improvement would encroach within
of the edge of the coastal bluff;
c. On property located between the sea and the first pu
paralleling the sea or within three hundred feet of the inland extent of any beach or of the I
tide of the sea where there is no beach, whichever is the greater distance, any improve
structure other than a single-family residence or public works facility that would increa
percent or more the internal floor area of an existing structure, or any additional improvem
an improvement to the structure had previously been undertaken to Public Resources COC
30610(b), or this section, and the cumulative increase of the improvements is ten percent o
any improvement which would increase the height of a structure by ten percent or more;
2.
d. Any improvement which changes the intensity of use of a stn
e. Any significant alteration of land forms including re
placement of vegetation on a beach, wetland, or sand dune, or within one hundred feet of tl
a coastal bluff or stream except as provided in subsections 21.201.060 (8) and (10) of th
and
Any improvement made pursuant to, a conversion of ar
structure from a multiple unit rental use or visitor serving commercial use to a use invol
ownership or long-term leasehold including but not limited to a condominium convers
cooperative, conversion or motelhotel timesharing conversion.
f.
g. Expansion or construction of water wells or septic systems.
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3. Occupancy permits.
4. Harvesting of agricultural crops, or other agriculturally related
specifically defined as permitted uses in the applicable zone which require no other p
approvals of the approving authority, and are thereby allowable uses herein.
5.
6.
Fences for farm or ranch purposes.
Water wells, well covers, pump houses, water storage tanks oi
10,000 gallons capacity and water distribution lines, including up to 100 cubic yards of
grading, provided such water facilities are used for onsite agriculturally-related purposes o
Water impoundments located in drainage areas not identified a:
streams (dashed or solid) on USGS 7 1/2 minute quadrangle maps, provided such impour
not exceed 25 acre feet in capacity.
Water pollution control facilities for agricultural purposes if con
comply with waste discharge requirements or other orders of the Regional Water Qual
7.
8.
Board.
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9.
damage to sensitive habitat areas.
10.
11.
Landscaping on the lot unless the landscaping could result in
Repair or maintenance activities not described in Section 21.201.(
Activities of public utilities as specified in the Repair, Mainte
Utility Hook-Up Exclusion adopted by the Coastal Commission, September 5, 1978, and a
from time to time."
B. Cateporical Exclusions. In addition to those projects exempted pursuant to
(A) of this section, the City Council may designate by resolution, after a public hearing,
of development which have no potential for any significant adverse effect, either indi,
cumulatively, on coastal resources or on public access to, or along the coast. Developn
has been so designated shall be Categorically Excluded from the provisions of this ch
designation of any Categorical Exclusion shall not be effective until the Categorical Exclu
has been approved by the Coastal Commission. The Director shall keep a record of I
issued for such Categorically Excluded projects.
section, and
C. Notice of Cateaoricallv Excluded or Exempt Developments.
A permit issued by the City for a development which is Categorically E
exempt from the coastal development permit requirements, shall be exempt from the
hearing requirements of this Chapter. The City shall maintain a record for all permits
Categorically Excluded or Exempt developments which shall be made available to t
Commission or any interested person upon request. This record may be in the form of an
permits issued currently maintained by the City, provided that such record includes the
name, the location of the project, and brief description of the project.
"2 1.20 1.070 Repair and Maintenance Activities Requiring a Coastal Development
A. The following repair and maintenance activities require a coastal developrr
because they involve a risk of substantial adverse impact to Coastal Resources or Access.
1. Any method of repair or maintenance of a seawall, revetment, bluf
wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
a. Repair or maintenance involving substantial alteratio
foundation of the protective work including pilings and other surface or subsurface structu
b. The placement, whether temporary or permanent, of rip-ra]
berms of sand or other beach materials, or any other forms of solid materials, on a beach o
waters, streams, wetlands, estuaries and lakes or on a shoreline protective work
agricultural dikes within enclosed bays or estuaries;
c. The replacement of twenty percent or more of the mate
existing structure with materials of a different kind; or
d. The presence, whether temporary or permanent, of n
construction equipment or construction materials on any sandy area or bluff or within twe
coastal waters or streams.
2. Any method of routine maintenance dredging that involves:
a.
b. The placement of dredged spoils of any quantity
The dredging of one hundred thousand cubic yards or mol
twelve-month period;
environmentally sensitive habitat area, on any sand area, within fifty feet of the edge o
bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams;
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c. The removal, sale or disposal of dredged spoils of any qu:
would be suitable for beach nourishment in an area the Commission has declared by res
have a critically short sand supply that must be maintained for protection of structures, coa:
or public recreational use.
Any repair or maintenance to facilities or structures or work loc:
environmentally sensitive habitat area, or any sand area, within fifty feet of the edge oj
bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or st
include:
a. The placement or removal, whether temporary or permane
rap, rocks, sand or other beach materials or any other forms of solid materials;
b. The presence, whether temporary or permanent, of H
equipment or construction materials.
All repair and maintenance activities governed by the above
shall be subject to the permit regulations promulgated pursuant to the California Coas
1976, including, but not limited to, the regulations governing administrative and emergenc
The provisions of this section shall not be applicable to methods of repair and mi
undertaken by the ports listed in Public Resources Code Section 30700 unless so provided
in these regulations. The provisions of this section shall not be applicable to those
specifically described in the document entitled Repair, Maintenance and Utility Hookups, s
the Coastal Corkmission on September 5, 1978.
Unless destroyed by natural disaster, the replacement of 50 percent or
seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work
ownership is not repair and maintenance under Public Resources Code Section 30610(d) 1
constitutes a replacement structure requiring a coastal development permit."
3.
B.
"2 1.201.080 Minor Coastal Permits.
A. The Director may issue Minor Coastal Permits for any development anywl
1. The development is consistent with the certified local coastal p
2. The development requires no discretionary approvals other tha
Coastal Permit.
3. The development has no adverse effect individually or cumulatively
resources or public access to the shoreline or along the coast.
The Director shall give written notice of pending development decisior
application is complete, at least fifteen (15) working days prior to the decision on the app
follows:
The notice shall include all the matters required k
21.54.061 of this code, including statement of a public coment period of at least 15 wo
sufficient to receive and consider comments submitted by mail prior to the date establisl
decision, a statement that a public hearing shall be held upon request by any person and 5
that failure by a person to request a public hearing may result in the loss of that person'
appeal to the Commission any action taken by a local government on a coastal developrr
Coastal Zone costing less than $60,000 and which complies with the following criteria:
defined in Section 30108.6 of the Coastal Act.
B.
1. Contents.
application.
2. Recipients. The notice shall be sent by first class mail to:
a. Any person requesting to be on the mailing list for the prc
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coastal decisions; and
perimeter; and
b.
C. The Coastal Commission.
All property owners and residents within 100 feet of tk
d. The applicant.
C. The Director may approve, approve with conditions, or deny the permit. Th
may waive a public hearing on a Minor Coastal Development Permit if notice has been p
accordance with Section 21.201.080.B. 1 and a request for a public hearing has not been re
the City within 15 working days from the date of sending the notice. If a request for a pub1
is received, a public hearing before the Director shall be held in the same manner as a
Commission hearing. In either event the Director's decision shall be based upon the requir
and shall include specific factual findings supporting whether the project is or is not in c
with, the certified Local Coastal Program (and, if applicable, with the public access and
policies of Chapter 3 of the Coastal Act).
This Director's decision shall be made in writing. The date of the decisia
the date the writing containing the decision or determination is mailed or otherwise delivt
person or persons affected by the decision or determination. Unless the decision is appe;
Planning Commission, the Director shall provide a Notice of Final Local Action in accorc
Sections 2 1.20 1.160 & 170 of this code, in addition to the Director's written decision.
The Director's decision is final unless the decision is appealed by an
person to the Planning Commission. The written appeal shall specifically state the reason
for the appeal and the manner in which the decision of the Director is in error. The deck
Director shall be affirmed by the Planning Commission unless the appellant shc
preponderance of the evidence that the decision of the Director is in error, inconsistent
law, the General Plan, this zoning ordinance or any policy of the City. The appeal shall
Director's decision. The decision by the Planning Commission on all appeals of the
decision shall be final. The Director shall give Notice of Final Action on the appeal in i
with Sections 21.201.160 & 170.
If the Director determines that the project does not qualify for an exemptio
Coastal Permit or an emergency permit then the Director shall set the application for a pub
before the Planning Commission. Any coastal permit (other than a Minor Coastal De
Permit) may be set for hearing concurrently with any other permit for the project. The Di
at hisher option refer the application for a Minor Coastal Permit to the Planning Comr
determination."
D.
writing with the secretary of the Planning Commission within ten calendar days after the
E.
"2 1.20 1.090 Notice of Public Hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall 1
provided in Section 21.54.060 of this code. When the hearing OP a coastal developmer
consolidated with the hearing on a tentative map, notice shall satisfy the requirements c
chapter and Title 20 of this code."
"2 1.201.100 Notice Of Local Government Action Where Hearing Continued.
If a decision on a development permit is continued by the City to a time which is
previously stated in the notice provided pursuant to Section 21.54.060 nor (b) annou
hearing as being continued to a time certain, the City shall provide notice of the further 1
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action on the proposed development) in the same manner, and within the same time
established in Sections 21.54.060,061 and 070."
"2 1.20 1.1 10 Planning. Commission Action.
After a public hearing the Planning Commission may approve, conditionally approv
the application. No approval or conditional approval shall be given unless the Planning Co
coastal zone and the development is in conformity with the public access and public 1
policies of Chapter 3 of the California Coastal Act."
finds that the development is consistent with the provisions of the local coastal progrsu
"2 1.20 1.120 Appeal of Planning. Commission Decision.
A. The decision of the Planning Commission is final and effective ten calendar
the adoption of the resolution of decision unless within such ten-day period the applica
other interested person files a written appeal with the City Clerk. An individual member a
Council can be an interested person. The written appeal shall specifically state the reason (
for the appeal and the manner in which the decision of the Planning Commission is in e
decision of the Planning Commission shall be affirmed by the City Council unless the
shows by a preponderance of the evidence that the decision of the Planning Commission i
inconsistent with state law, the General Plan, LCP, or any applicable Specific Plan, Ms
zoning ordinance or policy of the City. Upon the filing of an appeal, the City Clerk sh
matter for public hearing. Such hearing shall be held within thirty days after the date of
appeal. Within ten days following the conclusion of the hearing, the City Council shall
decision on the appeal. The decision of the City Council is final.
If the development for which a coastal development permit also requ
discretionary permits or approvals for which the Planning Commission is not given fina
authority then the Planning Commission action on the coastal development permit shall be
recommendation to the City Council.
C. The City Council may establish and levy a fee for appeals of Coas
decisions.
B.
"2 1.20 1.130 Appeals to Coastal Commission.
The following developments, due to their type or location, are within the appeal j
of the Coastal Commission. Only decisions approving a coastal development permil
developments are Appealable to the Coastal Commission, unless otherwise noted. Areas
appeal jurisdiction are shown on the Post LCP Certification Map which is on file in th
department.
Developments on property located between the sea and the first p
paralleling the sea or within three hundred feet of the inland extent of any beach or of the
tide of the sea where there is no beach, whichever is the greater distance.
Development on property located within three hundred feet of the top oft
face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream.
Developments approved by the city not included within subsections A an
section which are located in a sensitive coastal resource area.
Any decision approving or denying a development which constitutes a m
Works project or a major Energy Facility."
A.
B.
C.
D.
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"21.201.140 Exhaustion Of Local Ameals.
A. An appellant shall be deemed to have exhausted local appeals for purpose
pursued the appeal to the appellate body (bodies) as required by the City appeal procedu~
that exhaustion of all local appeals is not required if any of the following occurs:
The City requires an appellant to appeal to more local appellate b have been certified as appellate bodies for permits in the coastal zone, in the implementati
of the Local Coastal Program.
2. An appellant was denied the right of the initial local appeal 1
ordinance which restricts the class of persons who may appeal a local decision;
3. An appellant was denied the right of local appeal because local 1
hearing procedures for the development did not comply with the provisions of this Article;
4. The City charges an appeal fee for the filing or processing of appeal
Where the project is appealed by any two (2) members of the Commission,
be no requirement of exhaustion of local appeals. Provided, that notice of Commission aF
be transmitted to the City Council (which considers appeals from the Planning Commiss
rendered the final decision), and the appeal to the Commission may be suspended
the previous decision, the Commissioners shall be required to file a new appeal from that d
The appeal to the California Coastal Commission shall be filed at the 101
office no later than ten working days after the date of the receipt of the notice of final loca
the local district office. No coastal development permit shall be issued or deemed approv
appeal, if any, to the Coastal Commission has been resolved."
an appeal under the Commission's regulations and be an aggrieved person where the apl
1.
B.
decision on the merits by the City Council. If the decision of the City Council modifies (
C.
"2 1.201.150 Public Hearing On Appealable Developments.
At least one public hearing shall be held on each application for an Appealable De\
(except as provided in Section 21.201.080 Minor Coastal Permits) thereby affording any I:
opportunity to appear at the hearing and inform the city of the nature of their concerns reg
project. Such hearing shall OCCUT no earlier than ten (10) calendar days following the mai
notice required in Section 21.54.060. The public hearing may be conducted in accorc
existing local procedures or in any other manner reasonably calculated to give interested
opportunity to appear and present their viewpoints, either orally or in writing.
"2 1.201.160 Finality Of City Action.
A local decision on an application for Development shall be deemed final when (1
decision on the application has been made and all required findings have been adopted.
specific factual findings supporting the legal conclusions that the proposed development 1
in conformity with the certified local coastal program, that the development is in conformil
public access and public recreation policies of Chapter 3 of the Coastal Act, and that th
conditions of approval adequate to carry out the certified local coastal plan as provic
implementing ordinances have been imposed, and (2) when all rights of appeal have beel
as defined in Sections 21.201.130 and 140."
"2 1.201.170 Notice of Final Citv Action
Within seven (7) calendar days of a final decision on an application for any De
(except Categorically Excluded or Exempt developments) the city shall provide notice o
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by first class mail to the Commission and to any persons who specifically requested notic
Final Action by submitting a self-addressed, stamped envelope to the city, (or, where requ
paid a reasonable fee to receive such notice.) Such notice shall include conditions of apr
written findings and the procedures for appeal to the Coastal Commission. Thc
Commission's ten working day appeal period commences upon it's receipt of a final c
notice by the Coastal Commission."
"2 1.201.180 Local Government Action - Effective Date.
A final decision of the City on an application for an Appealable Development sha
effective after the ten (1 0) working day appeal period to the Commission has expired foll
final local action unless any of the following occur:
A.
B.
C,
An appeal is filed in accordance with the Commission's regulations;
The notice of final local government action does not meet the requirr
Sections 2 1.201.160 and 2 1.20 1.170;
The notice of final local government action is not received in the Commis:
andor distributed to interested parties in time to allow for the ten (1 0) working day appeal
Where any of the circumstances in this Section occur, the Commission sh
five (5) calendar days of receiving notice of that circumstance, notify the City and applica
effective date of the City action has been suspended."
"2 1.20 1,190 Application For Emergency Permits.
A. Applications in case of emergency shall be made by letter to the Director 01
or by telephone, if time does not allow. Emergency means a sudden, unexpected (
demanding immediate action to prevent or mitigate loss or damage to life, health, p
essential public services.
The following information shall be included in the request:
1. Nature of emergency;
2. Cause of the emergency, insofar as this can be established;
3. Location of the emergency;
4. The remedial, protective, or preventive work required to deal
emergency; and
5. The circumstances during the emergency that appeared to justify tl
of action taken, including the probable consequences of failing to take action.
C. The Director shall verify the facts, including the existence of the nat
emergency, insofar as time allows.
D. The Director may grant an emergency permit upon reasonable terms and
including an expiration date and the necessity for a regular permit application later, if tl
finds that:
An emergency exists that requires action more quickly than permi
procedures for Minor Coastal Permits or for regular permits and the work can and will be
within thirty days unless otherwise specified by the terms of the permit;
2. Public comment on the proposed emergency action has been reviei
allows; and
3. The work proposed would be consistent with the requirements oft
land use plan.
The Director shall report, in writing, to the Planning Commission at its fir2
B.
1.
E.
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meeting after the emergency permit has been issued, the nature of the emergency and
involved. Copies of this report shall be available at the meeting and shall be mailed to a
who have requested such notification in writing. The report of the Director shall be infc
only; the decision to issue an emergency permit is solely at the discretion of the Director
the provisions of this chapter.
Any request for an emergency permit within the Coastal Commission area ( jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission
and issuance."
F.
"21.201.200 Expiration Of The Coastal Development Permit.
A coastal development permit shall expire on the latest expiration date ap
any other permit or approval required for the project, including any extension granted
permits or approvals but in no event shall this period exceed three (3) years without an er
time. If the project requires no permits or approvals other than a coastal development I
coastal development permit shall expire two years from its date of approval if a building
not been issued for the project."
"2 1.201.2 10 Extensions.
Not more than ninety or less than forty-five days prior to the expiration of
development permit the permittee may apply to the Director for an extension of the pe
application for an extension shall be processed pursuant to the provisions of this ch,
extension shall be approved only if it is found that there has been no change of circun
relation to Coastal Resources per Section 13 169 of the California Code of Regulation,
original granting of the permit. If the Director finds that there has been a change of circun
relation to Coastal Resources since the original granting of the permit the applicatij
extension shall be denied or conditionally approved. The decision of the Director may b
pursuant to the provisions of Section 21.201.080(D). If a complete application for an ex1
been timely filed, the Planning Commission or the City Council on appeal may grant tht
after the expiration date provided that the final decision is made not later than forty-five
the expiration date."
"21.201.220 Permit Amendment.
Upon application by the permittee, a permit may be amended by the approving
Application for and action on an amendment shall be accomplished in the same manner 5
by this Chapter for initial approval."
"2 1.201.230 Coastal Development Permits Issued bv Coastal Commission.
The Coastal Commission shall have original jurisdiction for all coastal developm
for development on tidelands, submerged lands and public trust lands, whether filled o
Such lands are specified as the area of "original jurisdiction" of the Coastal Commission
Public Resources Code Section 30519(b), and are shown on the Post LCP Certification M
on file in the planning department. The applicant for any project which require!
development permit issued by the Coastal Commission shall obtain all discretionaq
required by this code prior to filing an application with the Coastal Commission for s
development permit."
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Any person who violated any provision of Division 20 of the Public Resources COC
subject to the penalties contained in Public Resources Code Article 2, Section 30820 et. seq
"21.201.250 Severabilitv.
If any section, subsection, subdivision, paragraph, sentence, clause or phras
ordinance or any part thereof is for any reason held to be unconstitutional such decisior
affect the validity of the remaining portions of this chapter or any part thereof. The Cil declares that it would have passed each section, subsection, subdivision, paragraph, senter
or phrase thereof, irrespective of the fact that any one or more sections, subsections, SUI
paragraphs, sentences, clauses or phrases be declared unconstitutional."
SECTION XXT: That Title 21, of the Carlsbad Municipal Code is an
the addition of Chapter 21.202 to read as follows:
Chapter 21.202
COASTAL AGRICULTURE OVERLAY ZONE
Sections:
21.202.010 Intent and Purpose
21.202.020 Definitions
2 1.202.030 Development of Coastal Agricultural Land
2 1.202.040 Permits Required
2 1.202.050 - Permitted Uses on Agricultural Lands
21.202.060 Development of Coastal Agricultural Land
21.202.070 Findings Required Before Conversion to Urban Areas '
21.202.075 Development on Coastal Agricultural Lands Not Consistent With L
Land Use Designation
21.202.080 Proximity of Urban Development to Existing Developed Areas
21.202.090 Review by Planning Commission
"2 1.202.0 10 Intent And Purpose.
The Coastal Agriculture Overlay (CA) Zone is established to implement Sections
30171(b), 30241, 30242 and 30250 of the California Coastal Act and the Local Coasta
Land Use Plan certified on June 1981. This zone recognizes agriculture as a priority use
Coastal Act and protects that use by establishing mechanisms to assure the continued an
agricultural use of agricultural lands. The local coastal program recognizes that 1
agriculture may not be feasible and establishes agriculture as an interim use. Therefore,
undertaken. The Coastal Agriculture Zone is an overlay zone; no use shall be allow(
property zoned coastal agriculture unless such use complies with the provisions of this cl
with the provisions of any other chapters of this title which are applicable to the property."
21,202,055 Lot and Yard Standards - Agricultural Lands
allows urban development of such lands if specific findings are,made or mitigation me
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"21.202.020 Definitions.
For the purposes of this zone, terms used herein are defined as follows:
A. Coastal Agricultural Lands: Means those agricultural lands identified c
attached to the Land Use Plan certified on September 1980. The following are the lands
on Map X:
Apprmimate AGres
Site I1 377
Site 111 27 5
Site IV 109
Lusk 93
Bankers 27
Hunt 200
Carltas 301.38
B. Class I-IV Agricultural Land: Means all land which qualifies for rating
through Class IV in the U.S. Department of Agriculture Soil Conservation Service
Compatibility Classification.
Class V-VI11 Agricultural Land: Means all land which qualified for rating
through Class VI11 in the U.S. Department of Agriculture Soil Conservation Service
Compatibility Classification.
D. Land Division: Means the creation of any new property line whether by s
or other means.
E. Net Impacted Agricultural Land: Means for purposes of calculatini
mitigation acreage, the parcels and acreages designated on Map X (located in the LOC
Program Land Use Plan) and the 301.38 acre Carltas property suitable for agricultural use
acreage in steep slopes (25% or greater) and areas containing sensitive coastal resources
preclude development in addition to any acreage under the control of a public entity fc
recreation or open space use.
Underlying Land Use Designation: Means those urban uses which are con:
the urban land use designation established by the Carlsbad General Plan and the LOC
Program Land Use Plan, which agricultural lands may be converted in conformance
chapter.
Urban Uses: Means any use other than a use permitted by Section :
including any use necessary or convenient to urban use."
C.
F.
G.
"2 1.202.030 Urban Development Of Coastal Agricultural Land.
Coastal agricultural land may be converted fiom agricultural use and developed fo
in compliance with the procedures of this chapter."
"21.202.040 Permits Required.
No development, including but not limited to land divisions, as defined in Section
of this Code shall occur without a Coastal Development Permit having first been issued 1
Chapter 2 1.20 1 of this Code. A Master Plan or a planned development permit processed
to Section 21.202.060 shall be considered a coastal permit if also processed in compl
Chapter 21.201."
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"21.202.050 Permitted Uses On Agricultural Lands.
The provisions ofthis section shall apply to any coastal agricultural land which ha
approved for development pursuant to this chapter,
A. On any Class I through Class IV Agricultural Land the following use:
permitted:
1. Cattle, sheep, goats and swine production, provided that the nut
one or combination of said animals shall not exceed one animal per half acre of lot area.
for containing animals shall not be located within fifty feet of any habitable structure or
parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses.
2. Crop production.
3. Floriculture.
4. Horses, private use.
5. Nursery crop production.
6. Poultry, rabbits, chinchillas, hamsters and other small animals, prc
more than twenty five of any one or combination thereof shall be kept within fifty fc
habitable structure, or within three hundred feet of an adjoining pace1 zoned for residential
Roadside stands for display and sale of products produced on
premises, with a floor area not exceeding two hundred square feet, and located not n
twenty feet to any street or highway.
7.
8. Tree farms.
9. Truck farms.
10.
11.
Wildlife refuses and game preserves.
Other uses or enterprises similar to the above customarily carried
field of general agriculture including accessory uses such as silos, tank houses, shops, bm
coops, stables, corrals, and similar uses required for the conduct of the uses above.
12. One single family dwelling per existing legal building parcel.
On any Class V through VI11 Agricultural Land the following uses only are 1
1. All of the permitted uses listed above.
2. Hay and feed stores.
3. Nurseries, retail and wholesale.
B.
4, Packing sheds, processing plants and commercial outlets for fa
provided that such activities are not located within 100 feet of any lot line.
specified in Chapter 21.07 of this Code are met."
5. Greenhouses, provided all requirements for yard setbacks and
"2 1.202.055 Lot And Yard Standards - Agricultural Lands.
The provisions of this section shall apply to any coastal agricultural land which has
approved for development pursuant to this chapter.
A. The minimum required lot area of any newly created lot shall not be less
acres unless the City Council finds that smaller parcel sizes will not adversely affect the ai
use of the property.
Every newly created lot shall have a minimum width of the rear line of tht
front yard of not less than three hundred feet.
Every lot shall have a required front yard of forty feet. Except as otherwise
in Section 21.202.050 no building or structure shall be located on the required fiont yard.
B.
C.
D, Every lot and building site shall have a side yard on each side of the lot or
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site not less than fifteen feet in width unless otherwise permitted by Section 21, 202.050.
unless otherwise permitted by Section 2 1.202.050.
E.
F.
G.
H.
Every lot and building site shall have a rear yard of not less than twenty
No building or structure shall exceed thirty five feet in height.
Buildings and structures shall not cover more than forty percent of a lot.
All residential structures shall conform to the provisions of Section 21.07.1
Code."
"2 1.202.060 Development Of Coastal Anrictlltural Land.
Coastal agricultural lands may be converted from agricultural to urban uses pursL
A. Zoning approvals:
following procedures:
1. For property over 100 acres in area a Master Plan shall be subr
processed according to the provisions of Chapter 21.38 of this Code. The uses permitted F
the Master Plan shall be those permitted by the provisions of the Carlsbad General Plan an
Local Coastal Program in effect at the time the application is submitted.
For property less than 100 acres in area, a planned development pt
be submitted and processed pursuant to Chapter 21.45 or 21.47 of this Code, wh
applicable. The uses permitted pursuant to the planned development permit and the de
standards shall be as follows:
2.
Land Designation on Carlsbad General Plan Permitted Uses and
Development Standa
Residential Low Density R-140000
Residential Low Medium Density R-1 10000
RD-M
Residential Medium Density RD-M
Residential Medium to High Density
Planned Industrial P-M
(Map Y of the Certified Local Coastal Program shows existing permitted 1
categories)
Development permitted based upon mitigation of lands zoned coastal agrici
A Master Plan or planned development permit for urban development of 1i
coastal agriculture shall, in addition to complying with all aspects of the City's General
include the following items:
An enforceable, non-revocable commitment by the property owner
permanently one acre of prime agricultural land within the California Coastal Zone fc
impacted acre of non-prime coastal agricultural land in the Local Coastal Program pr
development. The preserved land shall be located in an area selected by the S~E
Conservancy and approved by the City Council. This enforceable commitment shall requ
issuance of a building permit, the permanent transfer or dedication of interest in
agricultural land to a grantee that is a local or state agency, or a tax exempt organization
under Section 501(c)(3) of the U.S. Internal Revenue Code. Grantees also shall be
organizations and agencies whose principal purposes are consistent with the pres<
agriculture.
The following documentation pertaining to the prime agricultural 1,
B.
1.
2.
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the Local Coastal Program that is being permanently preserved:
Parties. Identification of the grantor and grantee (i.e. propen
and government agency or tax exempt organization having a letter determination from
documenting qualification per Section 50 1 (c)(3) of the Internal Revenue Code).
b. Legal Description. A legal description of the prime agriculh
being preserved.
c. Type and Purpose of Easement. A clear statement defining
and purpose of the easement or other form of property interest being used to prott
agriculture. Acceptable interests include, but shall not be limited to, conservation e
transfers in trust, common law easements, open space easements, restrictive covenants,
servitudes, fee ownership or any other permanent restriction approved by the City Council,
Statement of Intent. A statement of intent by the grant01
submitted declaring an intent to protect agricultural land through the creation of easement
interests running with the property, and a declaration of intent by the grantee to honor su(
intent in perpetuity.
incorporated into the easement showing evidence of the agricultural lands that grantor ar
intend to preserve.
f. Rights, Restrictions, Permitted Uses and Reservations. Gra
demonstrate the necessary authority to monitor and enforce compliance with terms of the :
as the trustee or guardian. Restrictions shall prescribe all reasonable foreseeable activities
be potentially harmful to conservation values.
g. Executory Limitation. Provisions for forfeiture of the ea
a.
d.
e. Documentation. Maps, reports, aerial photographs
interest by the grantee to another qualified organization should the grantee fail to maintai
for agricultural use, shall be included.
h. Assignment. Grantee shall agree to hold easements or in1
conservation purposes and guarantee that he will not transfer the easement except to an or;
qualified to hold such interests under the relevant California and Federal laws and the ter
section.
Habendum Clause. The interest in property shall inure to t
of the grantee. All restrictions shall bind all subsequent purchasers or title holders of the
land and shall continue as a servitude running with the land in perpetuity.
Prior to building permit issuance, the property owner shall present 1
Manager proof of dedication by grantor and acceptance by grantee of an appropriate interei
agricultural lands pursuant to subsection B2.
C. Urban development of lands shown to be not feasible for continued o
agricultural use. In lieu of the procedures established by subsection B. or subsection D.
2 1.202.060 property owners may complete an agricultural feasibility study prior to con
lands designated coastal agriculture. The purpose of the feasibility study shall be to
consistent with Section 30242 of the Coastal Act, if continued or renewed agriculture is 1
the subject property.
An applicant or group of applicants may complete an agricultural
analysis for one or any combination of the following study areas: a. all coastal agricultur
the Local Coastal Program area; b. individual feasibility analyses for each of five sub-u
Local Coastal Program (refer to Map X; located in the Local Coastal Program Land Use PI
1.
3.
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Amroximate Acres
Site I1 377
Site I11 275
Site IV 109
LusklBankers Site 120
Carltas Site 301.38
c. an individual study for the Hunt property may be submitted as part of a submitted Mast€
each of its sub-units, or d. feasibility studies may be submitted for contiguous land holdir
Feasibility studies submitted for the purpose of determining the v
continued or renewed agriculture on coastal agricultural parcel(s) shall provide the followir
a. Description of the farm unit under study including discussio
capabilities, crop patterns, and minimum economic farm size.
b. Investment cost analysis including cost of land for a
purposes.
c. Farm unit cash flow analysis (production costs, income, etc.)
d. Tax considerations relative to feasibility.
e. Implications of future trends in water cost and availability,
acres or more in single ownership.
2.
labor costs, and market competition.
review and approval concurrent with the filing of a Master Plan or planned development pe
If the study finds that continued or renewed agriculture is fe(
property owner has the choice of: (1) maintaining agricultural uses; or (2) proceel
conversion and mitigation pursuant to the procedures set forth in subsection B of this sectic
If the feasibility study finds that continued or renewed agr
not feasible and City Council concurs, the City shall review the submitted Master Plan c
development permit on its merits and for consistency with the other provisions of this Col
Local Coastal Program. If City Council determines that the development is in conformant
provisions of the Code and the Local Coastal Program, it may be approved without miti
conversion of agricultural land. The approved feasibility study and Master Plan o
development permit approved by the City shall be prepared as a Local Coastal Program if^
and submitted to the Coastal Commission for certification. The Master Plan, planned del
permit or coastal permit shall not be final unless the Local Coastal Program amendment is
by the Coastal Commission.
Agricultural conversion mitigation fee. In lieu of the procedures estat
subsection B. or subsection C. of this section, property may be converted to urban 1
payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall be d
by the City Council at the time it considers a Coastal Development permit for urban devel
the property. The fee shall not be less than five thousand dollars nor more than ten thousa
per net converted acre of agricultural land and shall reflect the approximate cost of preserv
agricultural land pursuant to subsection B. of this section. The fees shall be paid pr
issuance of building permits for the project. All mitigation fees collected under this sectio
deposited in the State Coastal Conservancy Fund and shall be expended by the Stat
Conservancy in the following order of priority:
Restoration of natural resources and wildlife habitat in Batiquitc
jI Upon completion, the agricultural study shall be submitted to tht
a.
b.
D.
1.
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including but not limited to, continued funding of any maintenance, operation or enhancen
necessary to implement any lagoon enhancement program approved by the City Council.
2, Development of an interpretive center at Buena Vista Lagoon.
3. Restoration of beaches managed for public use in the coastal zone ir
of Carlsbad.
4. Any other project or activity benefiting natural or agricultural resowl
coastal zone in the City of Carlsbad that is provided for in the certified Local Coastal Progra
Site I Special Restrictions. Notwithstanding anything to the contrary in thi:
Site I as shown on Map X shall not be converted to urban use except as specifically pemiu
Local Coastal Program provisions for urban development of Site I.
E.
"21.202.070 Findings Required Before Conversion To Urban Uses.
A. Where a property owner has agreed to preserve prime agricultural land elsc
the state coastal zone pursuant to Section 21.202.060 then the City Council prior to appi
Master Plan or planned development permit must find that:
1. The conversion would preserve prime agricultural land in a manner c
with Section 30242 of the Public Resources Code, the certified Local Coastal Plan and this (
2. The Master Plan or planned development permit is consistent
certified Local Coastal Program.
3. Conversion would concentrate urban development consistent wit1
30250 in areas able to accommodate it, and within or adjacent to developed areas.
4. Conversion would be compatible with continued agriculture on
agricultural lands. -
5. Consistent with the certified Local Coastal Program and Section 302
Coastal Act, conversion would contribute to limiting conversions of prime agricultural
create stable urbdrural boundaries within prime agricultural lands located elsewhere in th
zone.
Where a property owner has elected to complete an agricultural feasibility
and the property owner and City agree, based on that analysis, that continued or renewed ai
is not feasible on the subject lands, and a City Council approved feasibility analysis an
Pldplanned development permit must incorporate City findings declaring that:
Continued or renewed agriculture is not feasible on the subject parci
consistent with Section 30242 of the Coastal Act, conversion of the parcels designate(
agriculture in the Land Use Plan shall not require the preservation of prime agricultu
elsewhere in the coastal zone.
2. Development permitted is consistent with the certified Local Coastal 1
3. Permitted development is compatible with continued agriculture on
agricultural lands.
C. Where a property owner has agreed to pay an agricultural conversion mitig
pursuant to Section 21.202.060 then the City Council prior to approval of a Master Plan 01
development permit must find that:
1.
certified Local Coastal Program.
2.
agricultural lands.
3.
B.
1.
The Master Plan or planned development permit is consistent
Conversion would be compatible with continued agriculture on
The property owner has executed an agreement to pay the fee
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agreement has been approved by the City Council."
"21.202.075 Development On Coastal Agricultural Lands Not Consistent With 1
Land Use Designations.
Conversions of coastal agricultural lands to urban uses other than those underlyin
designations identified on Map Y may be permitted pursuant to the procedures and findin1
in Sections 21.202.060 and 21.202.070 subject to the preparation and submission of a LOC
Program amendment for Coastal Commission certification. 'I
"2 1.202.080 Proximity Of Urban Development To Existing Development Areas.
Urban development of agricultural lands shall be located:
A. Contiguous with or in close proximity to existing developed areas;
B. In areas with adequate public facilities and services;
C. Where it will not have significant adverse effects, either individually or cur
on coastal resources."
SECTION XXII: That Title 21 of the Carlsbad Municipal Code is amel
by the addition of Chapter 2 1.203 to read as follows:
Chapter 2 1.203
COASTAL RESOURCE PROTECTION OVERLAY ZONE
Sections:
21.203.010 Intent and Purpose
21.203.020 Applicant
21.203.030 Permit Required
2 1.203.040 Development Standards
"2 1.203 .O 1 0 Intent And Purpose.
The intent and purpose of the Coastal Resource Protection Overlay Zone is to:
A. Supplement the underlying zoning by providing additional resource
regulations within designated areas to preserve, protect and enhance the habitat resourcc
Buena Vista Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsic
Provide regulations in areas which provide the best wildlife habitat characte
Deter soil erosion by maintaining the vegetative cover on steep slopes;
Implement the goals and objectives of Sections 30231, 30233,30240(b) ank
B.
C. Encourage proper lagoon management;
D.
E.
the Public Resources Code and the approved Carlsbad Local Coastal Program."
"2 1,203.020 Applicabilitv.
This chapter implements the California Coastal Act and is applicable to all propert
in the coastal zone as defined in Public Resources Code Section 30171. In case of a~
between this zone and the underlying zone, provisions of this zone shall apply."
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"21.203.030 Permit Required.
Developments, including but not limited to, land divisions? as defined in Chapter
require a coastal development permit. This permit is subject to the requirements of this zo
procedural requirements for coastal development permits of Chapter 2 1.20 1 of this code."
"21.203.040 Development Standards.
The following specific development standards shall be applied to areas within th
Resource Protection Overlay Zone as part of the coastal development permit. Such stad
control, notwithstanding the provisions of the underlying zone and shall include:
A. Preservation of Steep Slopes and Vegetation
Any development proposal that affects steep slopes (25% inclination or gre
be required to prepare a slope map and analysis for the affected slopes. Steep slopes are
on the PRC Toups maps. The slope mapping and analysis shall be prepared during t
environmental review on a project-by-project basis and shall be required as a condition o
development permit.
For those slopes mapped as possessing endangered plantlanims
andor coastal sage scrub and chaparral plant communities, the following policy langua
apply: Slopes of 25% grade and over shall be preserved in their nat
unless the application of this policy would preclude any reasonable use of the property,
case an encroachment not to exceed 10% of the steep slope area over 25% grade may be F
For existing legal parcels, with all or nearly all of their area in slope area over 2:
encroachment may be permitted; however, any such encroachment shall be limited so that
is more than 20% of the entire parcel (including areas under 25% slope) permitted to be
from its natural state. This policy shall not apply to the construction of roads of i
Circulation Element or the development of utility systems. Uses of slopes over 25% may b
order to provide access to flatter areas if there is no less environmentally damaging E
available.
b. No further subdivisions of land or utilization of Plan
Developments shall occur on lots that have their total area in excess of 25% slope unless
Unit Development is proposed which limits grading and development to not more than 11
total site area.
Slopes and areas remaining undisturbed as a result of th
review process, shall be placed in a permanent open space easement as a condition of de\
approval. The purpose of the open space easement shall be to reduce the potential for
erosion and slide hazards to prohibit the removal of native vegetation except for creating
andor planting fire retardant vegetation and to protect visual resources of importance to
community.
For all other steep slope areas, the City Council may allow exceptic
above grading provisions provided the following mandatory findings to allow exceptions ar
a. A soils investigation conducted by a licensed soils eng
determined the subject slope area to be stable and grading and development impacts mitig
at least 75 years, or life of structure.
Grading of the slope is essential to the development intent an(
Slope disturbance will not result in substantial damage or alt
1.
a.
c.
2.
b.
c.
major wildlife habitat or native vegetation areas.
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d. If the area proposed to be disturbed is predominated by ste
and is in excess of 10 acres, no more than one third of the total steep slope area shall be I
major grade changes.
If the area proposed to be disturbed is predominated by ste
and is less than 10 acres, complete grading may be allowed only if no interruption of s
Because north-facing slopes are generally more prone to
vegetation from these areas will be permitted unless all environmental impacts have been n
Overriding circumstances are not considered adequate mitigation.
B. Drainage, Erosion, Sedimentation, Habitat
e.
wildlife corridors occurs.
problems and in many cases contain more extensive natural vegetation, no grading or re
f.
1. Buena Vista Lagoon: Developments located along the first ro\
bordering Buena Vista Lagoon, including the parcel at the mouth of the Lagoon, shall be d
for residential development at a density of up to four dwelling units per acre. Proposed de\
in this area shall be required to submit topographic and vegetation mapping and analysis,
soils reports, as part of the development permit application. Such information shall be pi
addition to any required Environmental Impact Report, and shall be prepared by
professionals and in sufficient detail to locate the boundary of wetland and upland areas an
slopes in excess of 25%. Topographic maps shall be submitted at a scale sufficient to dete
appropriate developable areas, generally not less than a scale of 1" - 100' with a topographi
interval of five feet, and shall include an overlay delineating the location of the proposed
The lagoon and wetland area shall be delineated and criteria used to identify any wetland,
on the site shall be those of Section 30121 of the Coastal Act and based upon the standi
Local Coastal Program Mapping Regulations. Mapping of wetlands and siting of developr
be done in consultation and subject to the approval of the Department of Fish and
Development shall be clustered to preserve open space for habitat protection. Minimum SE
at least 100 feet from wetlands/lagoon shall be required in all development, in order to bi
sensitive habitat area from intrusion. Such buffer areas, as well as other open space areas rt
permitted development to preserve habitat areas, shall be permanently preserved for ha.
through provision of an open space easement as a condition of project approval. In the ev
wetland area is bordered by steep slopes (in excess of 25%) which will act as a natural buf
habitat area, a buffer area of less than 100 feet in width may be permitted. The densi.
permitted development shall be based upon the net developable area of the parcel, exch
portion of a parcel which is in wetlands or lagoon. As specified in (a), a density credi
provided for that portion of the parcel which is in steep slopes. Storm drain alignments as
in the Carlsbad Master Drainage Plan which would be carried through or empty into Bu
Lagoon shall not be permitted, unless such improvements comply with the requirements ol
30230, 30231, 30233, and 30235 of the Coastal Act by maintaining or enhancing the j
capacity of the Lagoon in a manner acceptable to the State Department of Fish and Gar
divisions shall only be permitted on parcels bordering the Lagoon pursuant to a single
development permit for the entire original parcel.
2. Batiquitos Lagoon Watershed: Development located east of 1-5 (
referred to as the Savage property) shall be designated for a maximum density of develop]
units per gross acre, excluding wetlands and constrained slopes. Development shall ti
according to the requirements of the P-C Planned Community zone Chapter 21.38, supplen
these additional requirements. Land divisions shall only be permitted pursuant to a Maste
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the entire original parcel subject to the requirements herein:
a. Drainage, Erosion and Sedimentation requirements sk
b. Detailed topographic maps shall be prepared by qualified prc
including biologists, hydrologists and engineers in sufficient detail to locate the boundary
or wetland and upland areas. The scale shall not be less than 1" = 100' with a contour inter
wetland areas shall be delineated according to the requirements of Section 30121 of the C
and the Local Coastal Program mapping regulations, subject to the review and approval a
Department of Fish and Game.
Development shall be clustered to preserve open space and h
A minimum setback of 100 feet from the lagoodwetlan
At least 2/3 of any development shall be clustered on the
specified in subsection B.4. of this section.
feet, and shall include an overlay delineating the location of the development. The 1:
c.
d.
e.
required.
property furthest away from the lagoon at the base of the bluff in order to preserve the c
visual and natural resources.
f.
g.
Existing mature trees shall be preserved.
Public recreation facilities shall be provided as a co
development including picnic tables, parking, and a public access trail along the lagoon :
trail shall be secured by an irrevocable offer to dedicate public access but shall be devl
landscaped as a condition of development and shall be at least 15 feet wide with unobstm
of the lagoon.
h. To facilitate provision of public use areas and prese
environmentally sensitive lands, and to maintain the outstanding visual resources i
surrounding the lagoon, an additional density credit of one dwelling unit per acre of dew
shall be provided for each two and one half percent (2 1/2%) of total lot area, excludinl
which is maintained in open space and public recreation in excess of fifty percent (50%)
lot area, excluding wetlands.
Areas - West of 1-5: For areas west of the existing Paseo del Noi
Interstate 5 and along El Camino Real immediately upstream of the existing storm
following policy shall apply: A site-specific report prepared by a qualified profession
required for all proposed development, identifying mitigation measures needed to avoi
runoff and soil erosion. The report shall be subject to the requirements of the model eros
ordinance contained in the Appendix to the Carlsbad Master Drainage Plan (June, 1980)
additional requirements contained herein. Such mitigation shall become an element of
and shall be installed prior to the initial grading. At a minimum, such mitigation SI
construction of all improvements shown in the Master Drainage Plan for the area between
site and the lagoon (including the debris basin), as well as: restriction of grading actb
months of April through September of each year; revegetation of graded areas immec
grading; and a mechanism for permanent maintenance if the city declines to
responsibility. Construction of drainage improvements may be through formation of an
district, or through any similar arrangement that allots costs among the various land07
equitable manner.
All Other Areas in the Coastal Zone: The following requirements
unless superseded by the more specific requirements herein and subject to the m(
additions, or exceptions detailed below, as a part of the permit application, the applicant I
3.
4.
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an erosion, sedimentation and drainage report prepared by a qualified professional which
the requirements of the Model Erosion Control Ordinance reprinted in the Appendix tc
1980 Carlsbad Master Drainage Plan, all requirements of the Master Drainage Plan
additional requirements specifically enumerated herein. The June 1980 Master Drainage P
appendices are herein incorporated by this reference. No subsequent amendments are a p
zone unless certified by the Coastal Commission. The general provisions, procedures,
content of plans and implementation contained therein are required conditions of deveb
addition to the provisions below. Approved development shall include the following con
addition to the requirements specified above:
a. All offsite, downstream improvements (including debris bas
other improvements recommended in the Drainage Plan) shall be constructed prior to the i
a grading permit onsite. Improvements shall be inspected by city or county staff and c
adequate and in compliance with the requirements of the Drainage Plan and the
requirements of this zone. If the city or county declines to accept maintenance responsibi
improvements.
If the offsite or onsite improvements are not to be acc
maintained by a public agency, detailed maintenance agreements including provisions foi
the maintenance through bonding or other acceptable means shall be secured prior to issm
permit. Maintenance shall be addressed in the report required to be submitted with
application. The report shall discuss maintenance costs and such costs shall be certifiec
effort at obtaining accurate figures.
Construction of offsite drainage improvements may use an i
district or any other acceptable manner. Such mechanisms shall be secured by bondin
acceptable means prior to issuance of a coastal development permit.
If a public agency agrees to accept maintenance respons
shall inspect the facilities prior to onsite construction or grading and indicate if such facili
continued maintenance. No onsite development may take place prior to acceptance of th
improvements.
All construction activities shall be planned so that grading
in units that can be easily completed within the summer construction season. All grading
shall be limited from April 1 to October 1 of each year. All areas disturbed by gradir
planted within 60 days of the initial disturbance and prior to October 1 with temporary or
(in the case of finished slopes) erosion control methods.
Storm drainage facilities in developed areas shall be imI
enlarged according to the Carlsbad Master Drainage Plan, incorporating the change;
herein. Improvement districts shall be formed for presently undeveloped areas which are (
urbanize in the future. The improvement districts shall implement the Master Drain
Upstream areas in the coastal zone shall not be permitted to develop incremental1
installation of the storm drain facilities downstream, in order to assure protection
resources. New drainage facilities, required within the improvement districts shall be fina
by some form of bond or from fees collected from developers on a cost-per-acre basis.
When earth changes are required and natural vegetation i
the area and duration of exposure shall be kept at a minimum.
Soil erosion control practices shall be used against "c
erosion. These include keeping soil covered with temporary or permanent vegetation or
improvements, the developer shall maintain the improvements during construction of
b.
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d.
e.
f.
g.
h.
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materials, special grading procedures, diversion structures to divert surface runoff fro1
soils, and grade stabilization structures to control surface water.
Apply “sediment control” practices as a perimeter protection
offsite drainage. Preventing sediment from leaving the site should be accomplished by suc
as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing eri
course, the most efficient way to control sediment runoff.
Landslides and Slope Instability: Developments within 500 feet of area
generally in the PRC Toups Report, figure 8, as containing soils of the La Jolla group (su:
accelerated erosion) or landslide prone areas shall be required to submit additional geolc
containing the additional information required in the Coastal Shoreline Development Ovei
Seismic Hazards: Development in liquefaction-prone areas shall include s
investigations done addressing the liquefaction problem and suggesting mitigation meas
residential development in excess of four units, commercial, industrial, and public faci
have site-specific geologic investigations completed in known potential liquefaction areas.
Floodplain Development: Within the coastal zone, in the 1 00-year floodpls
or expanded permanent structures or fill shall be permitted. Only uses compatible wi
flooding shall be allowed.”
1.
C.
D.
E.
SECTION XXII: That Title 2 1, of the Carlsbad Municipal Code is ami
by the addition of Chapter 2 1.204 to read as follows:
Chapter 2 1.204
COASTAL SHORELINE DEVELOPMENT OVERLAY ZONE
Sections:
21,204.01 0 Intent and Purpose
2 1.204.020 Application
21.204.030 Permitted Beach Uses
21.204.040 Conditional Beach Uses
21.204.050
21.204.060 Requirements for Public Access
2 1.204.070
2 1.204.080
2 1.204.090 Site Plans Required
2 1.204.100
2 1.204.1 10 Geotechnical Reports
2 1.204.120
Uses not on the Beach, Subject to Coastal Shoreline Development F
Special Access Requirements for Developments or new Developml
Containing Evidence of Historic Public Use
Mechanisms for Guaranteeing Public Access
Site Plan Review Criteria
Waiver of Public Liability
”2 1.204.0 10 Intent and Purpose, The Coastal Shoreline Development Overlay Zone is intended to provide land use
along the coastline area including the beaches, bluffs, and the land area immediate11
thereof. The purpose of the Coastal Shoreline Development Zone is to provide for ci
development and landsuse along the coastline so that the public’s interest in maintaining tl-
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as a unique recreational and scenic resource, promoting public safety and access, and in av
adverse geologic and economic effect of bluff erosion, is adequately protected."
"2 1.204.020 Application.
The Coastal Shoreline Development Overlay Zone shall be applied to areas within
l I1 Segment of the Carlsbad Local Coastal Program located between the sea and the first p
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parallel to the sea."
"21.204.030 Permitted Beach Uses.
Permitted uses and developments are limited to the following uses and require
A. Steps and stairways for access from the top of the bluff to the beach.
B. Toilet and bath houses.
C. Parking lots, only if identified as an appropriate use in the Local Coastal Prc
Mello I1 Segment Land Use Plan; (see Policy 2-3).
D. Temporary refreshment stands, having no seating facilities within the struct
E. Concession stands for the rental of surfboards, air mattresses and other spor
equipment for use in the water or on the beach.
F. Life guard towers and stations and other lifesaving and security facilities.
G. Fire rings and similar picnic facilities.
H. Trash containers.
I. Beach shelters."
"2 1.204.040 Conditional Beach Uses.
A.
B.
Development permit according to the requirements of this zone:
Uses substantially similar to the permitted uses listed above may be permi
beach subject to this chapter and Chapters 21.42 and 21 SO.
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining
other such construction that alters natural shoreline processes shall be permitted when I
serve coastal dependent uses or to protect existing structures or public beaches in dl
erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sa
As a condition of approval, permitted shoreline structures may be required to replenish
with imported sand.
Provisions for the maintenance of any permitted seawalls shall be inc
condition of project approval. As a further condition of approval, permitted shoreline stru
be required to provide public access. Projects which create dredge spoils shall be require(
such spoils on the beaches if the material is suitable for sand replenishment. Seawal
constructed essentially parallel to the base of the bluff and shall not obstruct or interfe
passage of people along the beach at any time."
"21,204.050 Uses Not On The Beach Subiect To Coastal Shoreline DeveloDment E
Uses permitted by the underlying zone map may be permitted on non-beach area
granting of a Coastal Development Permit for coastal shoreline development issued pur:
procedures of Chapter 21.201 of this title, unless specifically prohibited by policit
applicable ordinances in the approved Carlsbad Local Coastal Program. Non-beach areas
as areas at elevations of 10 feet or more above mean sea level (North American Dah
Permitted uses are subject to the following criteria: 4% 38
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A. Grading and Excavation - Grading and excavation shall be the minimum n<
complete the proposed development consistent with the provisions of this zone and the
requirements:
Building sites shall be graded to direct surface water away from the
bluff, or, alternatively, drainage shall be handled in a manner satisfactory to the City 5
prevent damage to the bluff by surface and percolating water.
No excavation, grading or deposit of natural materials shall be pe
the beach or the face of the bluff except to the extent necessary to accomplish constructic
to this section.
New development fronting the ocean shall observe at a minimum, an oce
based on a "stringline" method of measurement. No enclosed portions of a structw
permitted further seaward allowed by a line drawn between the adjacent structure to the
south; no decks or other appurtenances shall be permitted further seaward than those all
line drawn between those on the adjacent structures to the north and south. A greater ocz
may be required for geologic reasons and if specified in the Local Coastal Program."
1.
2.
B.
"2 1.204.060 Requirements For Public Access.
One or more of the following types of public access shall be required as a cc
A. Lateral Public Access:
development:
1. Minimum Requirements. Developments shall be conditioned to 1
public with the right of access to a minimum of 25 feet of dry sandy beach at all times o
The minimum requirement applies to all new developments proposed along the shorelin
any type of local permit including a building permit, minor land division or any otl
discretionary or nondiscretionary action.
2. Additional Requirements. New developments as specified belo
conditioned to provide the public with lateral public access in addition to minimum requir
a. Applicability
(1).
(2).
Seawalls and other shoreline protective devices.
Developments on parcels where there is evidence
public use. In such areas the amount and location of additional access shall be equal to
and extent of public use.
(3). Development which either by itself or in conjur
anticipated future projects adversely affect existing public access by overcrowding of m
access roads or existing beach areas.
Development which commits ocean front lands to I
uses such as residential uses, non-visitor, or non-coastally oriented commercial and indusl
Developments adjacent to Buena Vista Lagoon (See Policy 7-6 of the Local Coastal Pro
I1 Segment Land Use Plan) and the parcel located at extreme north end of Ocean Street
7-8 of the Local Coastal Program Mello I1 Segment Land Use Plan)
Required Standards. In determining the amount and type o
lateral public access to be required (= area for additional parking facilities, coni
improvements to be made available to the public, increased dry sandy beach area, or tyl
the dry sandy beach) the city shall make findings of fact considering all of the following:
The extent to which the development itself creates I
(4).
(5). Access as identified in the Local Coastal
b.
(1).
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visual impediments to public access which has not been mitigated through revisions in desi
changes.
from visiting the shoreline because of the physical and visual proximity of the developn
shoreline.
The extent to which the development burdens exi
capacity and onstreet parking areas thereby making it more difficult to gain access to and
coast by further congesting access roads and other existing public facilities such as beac
and road or sewer capacities.
The extent to which the development increases the i
use of existing beach and upland areas, thereby congesting current support facilities.
recreational areas inherent in the project affecting shoreline wave and sand movement proc
Minimum Requirements. Development adjacent to a shorefront bl
where no beach exists or where beach is inaccessible because stairways have not or
provided, shall be conditioned to provide the public with the right of access of at least 25
the current bluff edge for coastal scenic access to the shoreline. The minimum requiremen
all new developments proposed on bluff tops along the shoreline requiring any type of 1(
including a building permit, a minor subdivision or any other type of discretionar
discretionary action.
result in additional burdens to public access to the shoreline shall be conditioned to 1
public with public access such as view points in addition to the requirements specified ab0
Description of Accessway. The bluff top access shall be described
beginning at the current bluff edge extending at least 25 feet inland. Due to the potential
of the bluff edge, the area shall be adjusted inland to the current bluff edge as the edg
However, the easement shall not extend any closer than 10 feet from an occupied
structure or the distance specified in the certified Local Coastal Program. The area shal'
described with the furthest inland extent of the area possible referenced as a distance fr
monument in the following manner: "Such easement shall be located along the bluff to]
inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, t
of this right-of-way would change over time with the then current bluff edge, but in no c
extend any closer than feet from (a fixed inland point, such as a road or other easement m(
Requirements. Development between the first public road and the
required to provide both lateral and vertical access.
Standards for Determining if Vertical Access is to be Required. TI
review all of the following factors in determining whether vertical access is requ
determination shall be supported by findings of fact which consider all of the following:
Existing and anticipated public need to gain access to th
including the location and use of currently existing official accessways in the vicinity.
Physical constraints of the site, including availability of sc
safety and current use, and habitat values proximity to agricultural areas, military security
Ability to provide for public use by mitigating time and
suchuse.
(2). The extent to which the development discourages
(3).
(4).
(5). The potential for physically impacting beach
B. Bluff Top Access:
1.
2. Additional Requirements. New developments along the bluff top
3.
C. Vertical Access:
1.
2.
a.
b.
c.
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d. Location and necessity of support facilities. If suitable par
do not exist, vertical accessways will be required at frequent intervals, so that parking will
in the area at an even rate.
Privacy needs of property owner and site design changes
available to protect privacy.
f. Nature of the development proposed in relation to its impac
access.
Types of Use of Vertical Access Area. The vertical access req
condition of development shall be limited to the public right-of-pass and repass unless ai
of use is specified as a condition of the development. In determining if another typc
appropriate, the local government shall consider the specific factors enumerated in this Sec
Siting and Description of the Accessway. If possible, vertical i
shall be sited along the border of the development and shall extend from the road to the bl
shoreline. If a different siting of the accessway is more appropriate considering the top
the site and the design of the proposed project, the vertical accessway may be resited in thc
the parcel. If sited in the middle of a parcel, the property shall be surveyed at the 1
expense and a legal description shall be prepared. If a residential structure is prc
accessway should not be sited closer than 5 feet to the structure or the distance speci
certified Local Coastal Program. The vertical accessway shall be a minimum of 10 feet
allow for public pedestrian use of the corridor. Any accessway shall be legally descrit
issuance of the coastal development permit.
Vertical Accessways identified in the Mello I1 Segment of Carlsl
Coastal Program. -
a. Vacant parcel adjacent to Army/Navy Academy at Del Mar
b. South Carlsbad State Beach at intersection of Carlsbad Bo1
c. Vacant parcel at Ocean Street."
e.
3.
4.
5.
Palomar Airport Road.
"2 1.204.070 Sneciai Access Requirements For Developments Or New Develo
Sites Containing Evidence Of Historic Public Use.
If the certified Local Coastal Program or the permit process produces evidence
public use on a development site located in the coastal zone, development shall be requi
all of the following requirements:
Siting and Design of Development:
1.
A.
Development shall be sited and designed in a manner which does r
or diminish the potential public rights based on historic public use. Mechanisms for g
the continued public use of the site shall be required in accordance with Section 21.204.01
Development may be sited in the area of potential historic public u
that an area of equivalent public access has been provided in the immediate vici
development site which will accommodate the same type and intensity of use as prek
have existed on the development site. An equivalent access area shall provide access of
site, and type of use. Mechanisms for guaranteeing the continued public use of the a
required in accordance with Section 21.204.080.
B. An access condition shall not serve to extinguish, adjudicate or wail
prescriptive rights. In permits with possible prescriptive rights, the following langu2
added to the access condition:
"Nothing in this condition shall be construed to constitute a waiver of a)
2.
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determination on any issue of prescriptive rights which may exist on the parcel itself
designated easement. " In addition, findings shall be made which specifically a(
prescriptive rights issue.
located seaward of Carlsbad Boulevard adjacent to Buena Vista Lagoon. Other areas m
subject to such use."
C. The Certified Local Coastal Program indicates evidence of historic use
"2 1.204.080 Mechanism For Guaranteeing Public Access.
A. Legal Instruments Required. Prior to the issuance of a permit for development in the coastal zone betwe
public road and the sea, each applicant shall record one of the following legal documents i
in the condition of approval.
Irrevocable Offer to Dedicate. Prior to issuance of a development
landowner shall submit a preliminary title report and shall record an irrevocable offer to l
easement or fee interest free of prior liens and encumbrances except tax liens in the public
as described in the permit condition. This offer can be accepted by an appropriate agency .
or may not be the local government within 21 years.
Outright Grant of Fee Interest or Easement. If the parcel is impor
of itself for access needs, the size and scope of the proposed development is such that (
interest is appropriate, or there is an accepting agency available to accept the easen
Subdivision Map approvals), a grant of an easement or fee is required prior to issuance of
3. Deed Restrictions. Deed restrictions do not grant any intere
proposed for public access and the landowner retains all responsibility for the mainten:
accessway. Deed restrictions are appropriate in limited situations, g, in a large
is available to maintain the accessway or in commercial facilities. Deed restrictio
appropriate for small parcels or for accessways that will require public maintenance.
Title Information: As a condition to the issuance of the permit, the applic;
required to furnish an ALTA title report and all necessary subordination agreements. Tit1
may also be required where extensive easements are being granted. The amount of inst
be estimated on the basis of what it would cost to acquire an equivalent access or recrc
elsewhere in the vicinity.
Procedure copies of the recorded document, title report, and permit shall be
to the California Coastal Commission within 10 days after submission of the recorded do
preparation of the coastal access inventory as required by Section 30530 of the Coastal
accepting agency or Commission staff may make minor revisions to the document
corrections in the legal descriptions, minor revisions to the location and use of the acc
order to open the area up for public use) to assure that the public right-of-access along
beaches, bluff top parcels, or the vertical accessways is protected and capable
1.
2.
development where the accessways will mostly be used by residents and a homeowners
B.
C.
implemented."
"21.204.090 Site Plans Required.
Applications for site plan review shall be accompanied by such data and informal
be required by the Planning Director including maps, plans, drawings, sketches and c
material as is necessary to show:
Boundaries and Topography - Boundaries and existing topography of tk A.
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location of bluff line and beach, and adjoining or nearby streets;
B. Existing Structures - Location and height of all existing buildings and
existing trees and the proposed disposition or use thereof;
C. Proposed Structures - Location, height, and proposed use of all proposed
including walls, fences and freestanding signs, and location and extent of individual buildi
D. Circulation - Location and dimensions of ingress and egress and egrc
E. Drainage - Location and treatment of important drainage ways,
F. Finished Topography - Proposed grading and removal of placement
G. Landscaping - Proposed landscaping plan including location of gm
"2 1.204.100 Site Plan Review Criteria.
The site plans required by Section 21.204.090 shall be reviewed and evalua
Planning Director for conformance with the following criteria:
A. Coastal Development Regulations - All elements of the proposed develc
consistent with the intent and purpose of the Coastal Shoreline Development Overlay Zon
B. Appearance - Buildings and structures will be so located on the site as
generally attractive appearance and be agreeably related to surrounding development and
environment.
to the degree feasible any ocean views as may be visible from the nearest public street.
Retention of Natural Features - Insofar as is feasible, natural topography
features of the site will be retained and incorporated into the proposed development.
Grading and Earth-moving - Any grading or earth-moving operations in
with the proposed development are planned and will be executed so as to blend with t
terrain both on and adjacent to the site.
Public Access - The policies of the Local Coastal Program pertaining to pi
have been carried out.It
interior roads and driveways, parking areas, and pedestrian walkways;
underground drainage systems;
materials, including finished topography of the site; and
swimming pools and other landscape or activity features."
C, Ocean Views - Buildings, structures, and landscaping will be so located as
D.
E.
"21.204.1 10 Geotechnical Reports.
A. Geotechnical reports shall be submitted to the Planning Director as
application for plan approval. Geotechnical reports shall be prepared and signed by a I
civil engineer with expertise in soils and foundation engineering, ~ICJ a certified
geologist or a registered geologist with a background in engineering applications.
document shall consist of a single report, or separate but coordinated reports, The docur
be based on an onsite inspection in addition to a review of the general character of the
shall contain a certification that the development as proposed will have no adverse e
stability of the bluff and will not endanger life or property, and professional opinions
following:
The area covered in the report is sufficient to demonstrate the g
hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions ai
The extent of potential damage that might be incurred by the c
during all foreseeable normal and unusual conditions, including ground saturation i
caused by the maximum credible earthquake;
1.
2.
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3. The effect the project could have on the stability of the bluff.
As a minimum the geotechnical report(s) shall consider, describe and a
1. Cliff geometry and site topography, extending the surveying work 1
2. Historic, current and foreseeable cliff erosion including invest
recorded land surveys and tax assessment records in addition to the use of historic
photographs where available and possible changes in shore configuration and sand transpol
3. Geologic conditions, including soil, sediment and rock t
characteristics and structural features, such as bedding, joints and faults.
4. Evidence of past or potential landslide conditions, the iniplicatioi
conditions for the proposed development, and the potential effects of the development 01
activity.
Impact of construction activity on the stability of the site and adjace:
Ground and surface water conditions and variations, including
changes caused by the development (i.e., introduction of sewage effluent and irrigation n
ground water system, alterations in surface drainage).
Potential erodibility of site and mitigating ineasures to be used
minimized erosion problems during and after construction (i.e., landscaping and drainage c
Effects of marine erosion on seacliffs.
B.
following:
site as needed to depict unusual geomorphic condit;ons that might affect the site.
5.
6.
7.
8.
9. Potential effects of earthquakes including: a. ground shaking
maximum credible earthquake, b. ground failure due to liquefaction, lurching, settlement a
and c. surface rupture.
10.
1 I.
Any other factors that might affect slope stability.
The potential for flooding due to sea surface super elevation (wind
surge, low barometric pressure and astronomical tide), wave run-up, tsunami and river fll
potential should be related to one hundred and five hundred year recurrence intervals.
A description of any hazards to the development caused by possiblt
dams, reservoirs, mudflows or slides occurring off the property and caused by forces o
beyond the control of the applicant.
The extent of potential damage that might be incurred by the de
during all foreseeable normal and unusual conditions, including ground saturation an
caused by the maximum credible earthquake.
12.
13.
14. The effect the project could have on the stability ofthe bluff.
15. Mitigating iiieasurcs and alternative solutions for any potential iinpa
The report shall also express a professional opinion as to whether the proj
designed or located so that it will neither be subject to nor contribute to significan
instability throughout the lifespan of the project.
engineering stability analysis method, shall describe the degree of uncertainty of analyti
due to assumptions and unknowns. and at a minjinuni, shall cover an area from the toe a
inland to a line described on the bluff top by the intersection of a plane inclined at a 20 de
from horizontal passing through the toe ol' the bluff or 50 feet inland fi-om the bluff edge,
is greater. The degree of analysis requircd shall be appropriate to the dcgrcc of pot
presented by the site and thc proposcd project Ii'thc report docs not conclude that the pro,
designed and the site be foulid to be gcolo~~call~/ stable, no coxtal shoreline devclopni
shall be issued."
The report shall use a currently
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"2 1.204.120 Waiver Of Public Liability.
As part of the Coastal Development Permit for a coastal shoreline develop]
foilowing requirement shall be completed:
That prior to the transmittal of the Coastal Development Permit, the applicant shall
the Planning Director a deed restriction for recording, free of prior liens except for tax
binds the applicant and any successors in interest. The form and content of the deed restric
be subject to the review and approval of the Planning Director. The deed restriction shall
that the applicants understand that the site may be subject to extraordinary hazard from wa.c
storms, from erosion, and from landslides, and the applicants assume the liability fI
hazards; b. the applicants unconditionally waive any claim of liability on the part of the
Coastal Commission or the City of Carlsbad for any damage from such hazards; and c. the
understand that construction in the face of these probable hazards may make them ine
public disaster funds or loans for repair, replacement, or rehabilitation of the property in th
storms and landslides."
SECTION XXIII: That Title 2 1, of the Carlsbad Municipal code is mer
by the addition of chapter 2 1.205 to read as follows:
Chapter 2 1.205
COASTAL RESOURCE OVERLAY ZONE MELLO I LCP SEGMENT
Sections:
2 1.205 .O 10 Intent and Purpose
21.205.020 Authority - Conflict
21.205.030 Permits - Required
21.205.040 Maximum Density of Dedopment
21.205.050 Mitigation
2 1.205.060 Erosion, Sedimentation, Drainage
21.205.070 Buffer
"21.205.010 Intent And Purpose.
This zone supplements the underlying zone with additional resource protection pol
required to implement the Land Use Plan pursuant to the California Coastal Act codified ii
30000 et seq. of the Public Resources Code (all citations refer to that code). Property loca
zone is located in the watershed of Batiquitos Lagoon identified by the California Departrr
Fish and Game as a unique, wetland habitat. Sections 3023 l,30240(b) and 30253 require
developments adjacent to such areas be sited and designed to be compatible with the UniqL
In addition, Section 30242 of the Coastal Act require measures to be taken to protect conti
agricultural uses in the coastal zone. Property located in this zone is also located adjacent
agricultural areas. The City finds that the additional requirements of this zone are necessa
to implement the additional requirements of the Coastal Act enumerated above. Only wit1
requirements on private developments in the watershed can the City assure permanent pro
natural resources located in its portion of the coastal zone."
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"21.205.020 Authority - Conflict.
This chapter is adopted to implement the California Coastal Act. In the case of su
between this zone and the underlying zone, the provisions of this zone shall apply. Further
any conflict between this zone and any other provision of the City Code, the provisions o
shall apply."
"2 1.205.030 Permits - Required.
Developments, including but not limited to, land divisions, as defined in Chapter
require a coastal development permit. Such permits are subject to the requirements of thi
the procedural requirements for coastal development permits of Chapter 65 21.201 .ff
"21.205.040 Maximum Densitv Of Development.
The maximum density of development shall be 7 units per gross acre. The under
shall be either Planned Community P-C Chapter 21.38 or RD-My Residential Density-Mu1
Chapter 21.24, in effect on September 30, 1980. The parking requirements of Uses
Chapter 2 1.44, shall also apply. No subsequent amendments of the underlying zones a]
coastal zone unless certified by the Coastal Commission."
"21.205.050 Mitigation.
All recommended mitigation suggested by the certified final EIR shall be incorpl
part of the project and shall be required as a condition of approval of the coastal de
permit."
"21.205.060 Erosion Sedimentation, Drainage.
Subject to the modifications, additions, or exceptions detailed below, as a part of
application, the applicant shall submit an erosion, sedimentation and drainage report pre
qualified professional which includes the requirements of the Model Erosion Control
reprinted in the Appendix to the June 1980 Carlsbad Master Drainage Plan, all requirem
Master Drainage Plan, and the additional requirements specifically enumerated herein.
1980 Master Drainage Plan and its appendices are herein incorporated by this refei
subsequent amendments are a part of this zone unless certified by the Coastal Cornmi!
general provisions, procedures, standards, content of plans and implementation contained
required conditions of development in addition to the provisions below. Approved dc
shall include the following conditions, in addition to the requirements specified above:
A. All offsite, downstream improvements (including debris basin and
improvements recommended in the Drainage Plan) shall be constructed prior to the is:
grading permit onsite. Improvements shall be inspected by City staff and certified as adec
compliance with the requirements of the Drainage Plan and the additional requirements c
If the City declines to accept maintenance responsibility for the improvements, the devl
maintain the improvements during construction of the onsite improvements.
public agency, detailed maintenance agreements including provisions for financing the t!
through bonding or other acceptable means shall be secured prior to issuance of tl
Maintenance shall be addressed in the report required to be submitted with the permit a
The report shall discuss maintenance costs and such costs shall be certified as a be
obtaining accurate figures.
B. If the offsite or onsite improvements are not to be accepted and maini
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C. Construction of offsite drainage improvements may use an assessment disti
other acceptable manner. Such mechanisms shall be secured by bonding or other accepta
prior to issuance of a coastal development permit.
If a public agency agrees to accept maintenance responsibilities, it shall i
facilities prior to onsite construction or grading and indicate if such facilities assure
maintenance. No onsite development may take place prior to acceptance of the
improvements.
be easily completed within the summer construction season. All grading operations shall
from April 1 through October 1 of each year. All areas disturbed by grading shall be plan
60 days of the initial disturbance and prior to October 1 with temporary or permanent (in I
finished slopes) erosion control methods. The use of temporary erosion control measurt
berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall
in conjunction with plantings to minimize soil loss from the construction site. Said plantii
accomplished under the supervision of a licensed landscape architect, and shall consist (
mulching, fertilization and irrigation adequate to provide 90% coverage within 90 days
shall be repeated if the required level of coverage is not established. This requirement sha
all disturbed soils including stockpiles. this requirement shall be a condition of the permit.
D.
E, All construction activities shall be planned so that grading will occur in mi
"21.205.070 Buffer.
A sturdy fence capable of attenuating noise and dust impacts, generally to be a conc
wall a minimum of 6 feet in height, shall be provided between residential develoi
separations such as trees, chaparral, and existing slopes is encouraged, to the extent
separations can be incorporated into site planning and would accomplish adequate atte
noise and dust. Permanent maintenance through a homeowners association or other
means shall be provided as a condition of development."
agricultural areas to the north and east, As a partial alternative, utilization of natural tc
EFFECTIVE DATE: This ordinance shall be effective after the second re:
thirty days after its adoption and after the effective certification by the Coastal Commi:
city clerk shall certify the adoption of this ordinance and cause it to be published at leas
newspaper of general circulation in the City of Carlsbad within fifteen days after it:
Notwithstanding the foregoing, this ordinance shall not be effective until approved by 1
Commission.
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INTRODUCED AND FIRST READ at a regular meeting of the Carl:
Council on the day of , 1996, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of tl
Carlsbad on the day of -,-1996, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
5%
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ORDINANCE NO. NS-366
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING THE AVIARA
MASTER PLAN BY THE AMENDMENT OF VARIOUS
SECTIONS WHICH ADD SUGGESTED MODIFICATIONS
PREVIOUSLY MADE BY THE CALIFORNIA COASTAL,
COMMISSION
CASENAME: CITY OF CARLSBAD LOCAL COASTAL
CASE NO: MP 177(Q)
The City Council of the City of Carlsbad, California does ordair
Aviara Master Plan, being Ordinance No. 9839, as amended to date, shall I:
PROGRAM EFFECTIVE CERTIFICATION
amended as follows:
SECTION I: That the “Local Coastal Program” section (p 1
Master Plan shall be amended to read as follows:
Local Coastal Program
The Pacific Rim Master Plan as adopted by the Carlsbad City Council a
approved and modified by the California Coastal Commission herein a
in Coastal Development Permit #6-87-680 is approved as 1
Implementing Ordinance for the corresponding portion of the Ei
Batiquitos LagoonIHunt Properties Land Use Plan.
SECTION II: That the “Grading and Resource Protection’’ secti
of the Master Plan shall be amended to read as follows:
Grading and Resource Preservation
All development upon the subject property shall comply with the grad
and resource preservation policies of the underlying Mello I, Mello II i
Batiquitos Lagoon/HPI Local Coastal Program policies. For all tentat
maps and/or site development plans/planned unit development process
for any portion of this Master Plan, site specific slope and biologi
constraint maps must be submitted for review. These maps shall spec
1) all 25% or greater slope areas containing Chaparral and Coastal S:
Scrub habitats, and 2) all other 25% or greater slope areas. All n
development shall be designed to be consistent with multi-species i
multi-habitat goals and requirements as established in the statew
Natural Communities Conservation Planning (NCCP) Program. Both
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tentative tract maps and the final maps shall demonstrate compliance wi
NCCP guidelines. Compliance with the guidelines shall be developed
consultation with the United States Fish and Wildlife Service and tt
California Department of Fish and Game.
The (upland) areas to be retained in their natural state, pursuant to tt
policy, as well as all other areas of the site proposed for retention in thc
natural state shall be placed in an open space deed restriction as
condition of approval for any development pursuant to the Master Plan.
SECTION Ill: That the Planning Area 17, “Landscape” section (1
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direct
and Fire Marshal shall be established between nativehaturalized are,
and structures. The fire suppression plan should incorporate a minimL
twenty (20) foot structural setback from native areas in combination with
program of selective thinning of native vegetation subject to the appro\
of the Planning Director.
SECTION IV: That the Planning Area 17, “Open Space” sectioi
of the Master Plan shall be amended to read as follows:
The manufactured slope areas shall be maintained as open spac
Additional areas along the western boundary of the planning area shall I
maintained as natural open space including eucalyptus groves located
thinned. A tree thinning plan shall be submitted to the Planning Direci
for approval. The above open space areas shall be maintained by t
community open space maintenance district. A north-east trending opl
space wildlife corridor shall be maintained at the north end of this planni
area in conformance with the requirements of the Department of Fish a
Game and the US Fish and Wildlife Service to meet the goals a
requirements of the Natural Communities Conservation Planning (NCC
Program. This corridor shall also include a wildlife undercrossing beneb
Ambrosia Lane to connect to Planning Area 18 open space.
the northwest and southwest corners of the planning area which may I
SECTION V: That the Planning Area 21, “Landscape” section (1
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direc
and Fire Marshal shall be established between nativehaturalized are
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and structures. The fire suppression plan should incorporate a minimi
twenty (20) foot structural setback from native areas in combination witb
program of selective thinning of native vegetation subject to the appro!
of the Planning Director.
SECTION VI: That the Planning Area 21 , “Trails” section (p 1:
Master Plan shall be amended as follows:
- Trails
A portion of the major community trail which extends southward frc
Poinsettia Lane is located within this planning area. The trail segmf
runs along the westerly edge of the major eucalyptus grove within t
planning area and the segment within the public utility corridor whi
extends southward to the golf course shall be constructed as a conditi
of development for this planning area. Revisions to the trail alignmc
within this segment may occur in consultation with the Department of Fi
and Game and the US Fish and Wildlife Service, and shall conform to t
western edge of the residential subdivision and extend south to the g
course.
SECTION VII: That the Planning Area 22, “Landscape”: section (
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direc
and Fire Marshal shall be established between nativelnaturalized are
and structures. The fire suppression plan should incorporate a minimi
twenty (20) foot structural setback from native areas in combination witb
program of selective thinning of native vegetation subject to the appro\
of the Planning Director.
SECTION VIII: That the Planning Area 22, “Open Space” sectio
of the Master Plan shall be amended to read as follows:
The manufactured slope areas shall be maintained as open space. -
undeveloped areas, especially the slopes in the central, east and I
portions of the planning area, shall be maintained as natural open
conformance with the requirements of the Department of Fish and Gam4 US Fish and Wildlife Service to meet the goals and requirements of thc
Communities Conservation Planning (NCCP) Program. The above no
space areas shall be maintained by the community open space mai
district. A wildlife under crossing shall be constructed beneath the Planr
22 access road at the north end of the open space wildlife corridor.
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SECTION IX: That the Planning Area 22, “Trails” section (p 13
Master Plan shall be amended as follows:
- Trails
The portion of the major community trail which connects Poinsettia La.
and Alga Road is located within the planning area and shall t
constructed as a condition of development for this planning area. Revisic
to the trail alignment within this segment may occur, in consultation wi
the Department of Fish and Game and US Fish and Wildlife Service,
extend south to a connection with Alga Road and to avoid environmenta
sensitive habitat areas.
SECTION X: That the Planning Area 22, “Native Vegetation: s
162) of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direct
and Fire Marshal shall be established between nativehaturalized arc
twenty (20) foot structural setback from native areas in combination with
program of selective thinning of native vegetation subject to the approv
of the Planning Director.
and structures. The fire suppression plan should incorporate a minimu
SECTION XII: That the Planning Area 23 :”Trails” section (p 10
Master Plan shall be amended to read as follows:
Trails
The portion of the major community trail which connects Poinsettia Lar
and Alga Road is located within the planning area and shall t
constructed as a condition of development for this planning area
Revisions to the trail alignment within this segment may occur,
consultation with the Department of Fish and Game and US Fish at
Wildlife Service, to extend south to a connection with Alga Road and
avoid environmentally sensitive habitat areas.
SECTION XIII: That the Planning Area 32, “Permitted Uses” sec
of the Master Plan shall be amended as follows:
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The following uses are allowed within the Pacific Rim Park (Areas 32 a
32a on Exhibit V-33); natural open space, passive recreational US(
for free play, multi-purpose lighted playfields, tot areas, a structure
meeting or lectures, tennis courts, swimming pool, onsite parking a
similar uses commonly located in a public park. Church and daycare u:
are allowed with Area 32b subject to approval of a conditional use perm
SECTION XIV; That the Planning Area 32, “Open Space” s
family-oriented picnic areas, group picnic areas, turfed open space are
193a) of the Master Plan shall be amended to read as follows:
Open Space
An open space corridors shall be maintained at the north end of tl
planning area in conformance with the requirements of the Department
Fish and Game (DFG) and the US Fish and Wildlife Service (FWS)
meet the goals and requirements of the Natural Communiti
Conservation Planning (NCCP) Program. The corridor shall ,
established in consultation with DFG/USFWS.
SECTION XV: That the schematic drawings associated with
Areas 17, 22 and 32 (p 136a, 155a and 194) of the Master Plan shall be amr
follows:
a.
b.
c.
Revise PA 17 schematic to include revised approved tentative
Revise PA 22 schematic to included revised approved tentative
Revise PA 32 schematic to eliminate any propose development p
open space corridor as shown in concept on Exhibit A attached.
open space corridor as shown in concept on Exhibit B attached.
SECTION XVI: That the Planning Area 25, “Landscape” section (
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direc
and Fire Marshal shall be established between native areas a
structures. The fire suppression plan should incorporate structu
setbacks from native areas in combination with a program of selectii
thinning of native vegetation as indicated in the “Fire Suppressic
Landscape Guidelines for Undisturbed and Revegetated Native Pla
Communities”: provided that no portion of Zone 1 as defined in tl
“Guidelines” shall encroach upon deed restricted open space are
required as part of the approval of the Master Plan. All elements of the fi
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suppression plan, including the location of zone boundaries, and selecti
thinning programs shall be subject to the approval of the Planni
Director. Any deviation from the “Fire Suppression Guidelines” shall
the subject of future local coastal program amendments.
SECTION XVII: That the Planning Area 26, ”Landscape” sectioi
of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direci
and Fire Marshal shall be established between native areas a
structures. The fire suppression plan should incorporate structu
setbacks from native areas in combination with a program of selecti
thinning of native vegetation as indicated in the “Fire Suppressi
Communities” provided that no portion of Zone 1 as defined in tl
“Guidelines” shall encroach upon deed restricted open space are,
required as part of the approval of the Master Plan. All elements of the fi
suppression plan, including the location of zone boundaries, and selecti
thinning programs shall be subject to the approval of the Plannii
Director. Any deviation from the “Fire Suppression Guidelines” shall I
the subject of future local coastal program amendments.
Landscape Guidelines for Undisturbed and Revegetated Native Pla
SECTION XVII: That the Planning Area 27, “Landscape” sectior
of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direci
and Fire Marshal shall be established between native areas ai
structures. The fire suppression plan should incorporate structui
setbacks from native areas in combination with a program of selecti
thinning of native vegetation as indicated in the “Fire Suppressil
Landscape Guidelines for Undisturbed and Revegetated Native Pla
Communities”: provided that no portion of Zone 1 as defined in tt
“Guidelines” shall encroach upon deed restricted open space are;
required as part of the approval of the Master Plan. All elements of the fi
suppression plan, including the location of zone boundaries, and selectii
thinning programs shall be subject to the approval of the Plannii
Director. Any deviation from the “Fire Suppression Guidelines’’ shall 1
the subject of future local coastal program amendments.
SECTION XVIII: That the Planning Area 27, “Landscape” sectior
of the Master Plan shall be amended to read as follows:
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A fire suppression zone subject to the approval of the Planning Direc
and Fire Marshal shall be established between native areas a
structures. The fire suppression plan should incorporate structural setba
from native areas in combination with a program of selective thinning
native vegetation as indicated in the “Fire Suppression Landscal
Guidelines for Undisturbed and Revegetated Native Plant Communitie
provided that no portion of Zone 1 as defined in the ”Guidelines” sh
encroach upon deed restricted open space areas required as part oft
approval of the Master Plan. All elements of the fire suppression plan sh
be subject to the approval of the Planning Director. Any deviation from t.
“Fire Suppression Guidelines” shall be the subject of future local coas’
program amendments.
SECTION XIX: That the Planning Area 28, “Landscape” sectior
of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direct
and Fire Marshal shall be established between native areas ai
structures. The fire suppression plan should incorporate structur
setbacks from native areas in combination with a program of selectil
thinning of native vegetation as indicated in the “Fire Suppressic
Landscape Guidelines for Undisturbed and Revegetated Native Pla
Communities”: provided that no portion of Zone 1 as defined in tt
”Guidelines” shall encroach upon deed restricted open space are:
required as part of the approval of the Master Plan. All elements of the fi
suppression plan shall be subject to the approval of the Planning Directc Any deviation from the “Fire Suppression Guidelines” shall be the subje
of future local coastal program amendments.
SECTION XX: that the Planning Area 30, “Landscape” section (F
the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direct
and Fire Marshal shall be established between native areas ar
structures. The fire suppression plan should incorporate structur
setbacks from native areas in combination with a program of selectik
thinning of native vegetation as indicated in the “Fire Suppressic
Landscape Guidelines for Undisturbed and Revegetated Native Pla
Communities”: provided that no portion of Zone 1 as defined in tt
”Guidelines” shall encroach upon deed restricted open space are: required as part of the approval of the Master Plan. All elements of the fi
suppression plan shall be subject to the approval of the Planning Direct0
Any deviation from the “Fire Suppression Guidelines” shall be the subjei
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of future local coastal program amendments.
SECTION XXI: That the Planning Area 24, “Landscape” sectior
of the Master Plan shall be amended to read as follows:
A fire suppression zone subject to the approval of the Planning Direct
and Fire Marshal shall be established between native areas at
structures. The fire suppression plan should incorporate structur
setbacks from native areas in combination with a program of selectii
thinning of native vegetation as indicated in the “Fire Suppressic
Landscape Guidelines for Undisturbed and Revegetated Native Pla
Communities”: provided that no portion of Zone 1 as defined in tl
”Guidelines” shall encroach upon deed restricted open space are
required as part of the approval of the Master Plan. All elements of the fi
suppression plan shall be subject to the approval of the Planning Directc
Any deviation from the “Fire Suppression Guidelines” shall be the subje
of future local coastal program amendments.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and
to be published at least once in a newspaper of general circulation in the
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the i
City Council on the day of l 1996, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Coun
, 1996, by the following vote, to w City of Carisbad on the day of
AYES:
NOES:
ABSENT:
ABSTAl N:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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open space to be preserved
Key k
Legend .4
L, r' > %
Enfry Tfaatment @ ScamcPornt ji @Q a Vkw anentanan 7-7 vyi Tr31i -
-a v
77, I ,.'I Waifiencnq *- I
6s
Open space to be preserv (See open space discussi
in Planning Area text)
Legend
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ORDINANCE NO. NS - 3 6 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE POINSETTIA
SHORES MASTER PLAN BY THE AMENDMENT OF
VARIOUS SECTIONS WHICH ADD SUGGESTED
MODIFICATIONS PREVIOUSLY MADE BY THE
CALIFORNIA COASTAL COMMISSION
CASENAME: CITY OF CARLSBAD LOCAL COASTAL
PROGRAM EFFECTIVE CERTIFICATION
CASE NO.: MP 175(G)
The City Council of the City of Carlsbad, California, does ordain
Poinsettia Shores Master Plan (being Ordinance No. NS266 as amended to date) shall
amended as follows:
SECTIONI: That the “Purpose” section (@ 1) of the Master Plan
amended as follows:
Adoption of the Poinsettia Shores Master Plan by the Carlsbad City Counc
pursuant to Chapter 21.38 of the Carlsbad Municipal Code and approved by t
California Coastal Commission, will establish the zoning and developme
standards applicable to the project as a whole with consideration to individL
planning areas, defining the permissible type and intensity of development.
SECTION 11: That the “Circulation and Roadway Alignment” sectioi
the Master Plan shall be amended to read as follows:
AS shown on Exhibit 3, page 12, Avenida Encinas and Windrose Circle will 1
public streets. All other streets within the master plan boundary will be priva
and gated with the exception of internal streets associated with Planning Areas 1
3, A-4 and J.
SECTION 111: That the Land Use General Plan section (p 14) of the M
shall be amended to read as follows:
A future major Master Plan Amendment and LCP Amendment will be requirt
prior to further development approvals for Planning Area F.
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SECTION IV: That the Land Use - Non Residential Reserve section
the Master Plan shall be amended to read as follows:
A future major Master Plan Amendment and LCP Amendment will be requii
prior to further development approvals for Planning Area F.
SECTION V: That the Planning Area F - Land Use Allocation secfic
of the Master Plan shall be amended to read as follows:
A future major Master Plan Amendment and LCP Amendment will be requir
prior to further development approvals for Planning Area F.
SECTION IV: That Exhibit 10, the Open Space Plan of the Master PI;
amended to illustrate that the setbacks and open space shown on Planning Areas G a~
be identified as “Public Open Space”.
SECTION VII: That the “Open Space and Resource Preservation
Pedestrian Trail” section of the Master Plan (p 25) shall be amended to read as follows:
Perimeter Pedestrian Trail
A pedestrian trail will be constructed around the southern perimeter of a porti
of the project east of the railroad tracks. This trail will be open to the public
well as the residents of the Poinsettia Shores Master Plan. Sitting areas a
views. The location and design of these facilities are shown by exhibits
through 16 on pages 27 through 32. Access to this trail will be available kc
Windrose Circle near Planning Area A-4 with public parking provided.
This trail shall be constructed to provide good drainage. A cross slope shall
maintained with a minimum two percent (2%) grade with berms and ditch
utilized to prevent washouts of cuts and fills. Cut and fill slopes created by t
construction of the trail system will not exceed 2: 1. Trail entrance signs will
posted at trail entrances and street crossings.
A Trail Construction Plan shall be provided for all planning areas containi
public trails. The public trails alignment shall be as shown on the attach
exhibit. The plan shall indicate that all trail alignments will be atop of the lago1
or railroad slopes and shall be constructed in the least environmentally-damagi
manner. The public trail shall be a minimum width of ten feet measured inla
from the top of the bluff edge or railroad embankment. The trail improvemei
shall include a minimum 5 foot wide improved accessway, fencing, tra
viewpoints will be located to take advantage of back country, lagoon and oce
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receptacles and interpretive signage. In addition to the existing trailhead
Windrose Circle, two additional trailheads shall be provided: one at the southw
corner of Planning Area A-4 adjacent to the railroad right-of-way and one at 1
northwest corner of Planning Area A-3, adjacent to Avenida Encinas. Thc
trailheads shall include appropriate directional signage and identification. 1
plan shall include construction specifications, maintenance standards, and spec
what party(ies) shall assume maintenance and liability responsibilities.
SECTION VIII: That the “Affordable Housing” - Poinsettia Shores CI
section (p 41) of the Master Plan shall be amended as follows:
In conjunction with the Density Bonus, additional incentives are also required
be granted to the density bonus applicant. For the Poinsettia Shores Master P1
one additional incentive will be design modifications within any of the Plannj
Areas to the Planned Development Ordinance standards andor other C
policies. The modification shall be either as set forth in this Master Plan
approved subsequently by the Planning Director, City Engineer, and approved
the California Coastal Commission.
SECTIONIX: That the “Master Plan Theme Elements’’ section of tl
Plan (p 54) shall be amended as follows:
The entries into Planning Areas A-1, A-2, B-1, B-2, and C will be manned
electronically guarded gates. This is intended to limit the access into the priw
portions of the Master Plan development area.
SECTION X: That the “Planning Area A-3” --Other Special Conditic
(p 82) of the Master Plan shall be amended as follows:
Prior to the issuance of building permits for any home within this planning arc
construction of that portion of the public trail which is within this Planning AI
shall be completed.
SECTIONXI: That the “Planning Area A-4” --Design Criteria sect1
Master Plan (p 84) shall be amended as follows:
In order to address potential visual impacts to the lagoon, specific architectu
standards or designs must be proposed concurrent With the review of a plann
development permitlor tentative map for this planning area. These developmt
standards shall address reduction of potential visual impacts through methc
which may include but are not .limited to: use of single-story elements
architecture, percentage of single-story or single-story elements adjacent to 1
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lagoon or bluff-top setback area, height limitations adjacent to the lagoon or blu
top setback area, and design considerations such as architectural offsets and var
roof pitches. Building coloration will be subordinate to the adjacent lagc
hillside and building materials will be compatible with the adjacent lagc
environment.
SECTION XI: That the “Planning Area A-4” --Other Special Conditic
(p 85) of the Master Plan shall be amended as follows:
Prior to the issuance of building permits for any home within this planning ar
construction of that portion of the public trail which is within this Planning A
shall be completed.
SECTION XIII: That the “Planning Area G” --Other Special Conditio
(p 1 1 1) of the Master Plan shall be amended as follows:
The development of this planning area shall include a public access trail which 7
be designed to link with the Master Plan’s trail system. Trail improvements n
be installed prior to the issuance of any building permits for this planning area.
SECTION XIV: That the “Planning Area H’ --Other Special Conditio
@ 1 15) of the Master Plan shall be amended as follows:
The development of this planning area shall include a public access trail which
be designed to link with the Master Plan’s trail system. Trail improvements n
be installed and dedication of the trail shall be accepted by the City of Carlsbe
the City agrees and it adopts a Citywide Trails Program that includes provisi
for liability and maintenance. Otherwise prior to the issuance of any build
permits the obligation for acceptance, construction, maintenance, and liability s
be the responsibility of another agency designated by the City or the responsibi
of the Homeowner’s Association. Upon acceptance of the dedication, incluc
maintenance and liability responsibilities, and completion of the 1
improvements, the trail shall be open for public use.
SECTION XV: That the “Planning Area L” --Design Criteria section
the Master Plan shall be amended as follows:
Design Criteria:
All development in this Area shall be consistent with Batiquitos Lago
Enhancement Plan.
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EFFECTIVE DATE: This ordinance shall be effective thirty day
adoption, and the City Clerk shall certify to the adoption of this ordinance and
be published at least once in a newspaper of general circulation within fifteen
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Car
Council held on the day of 1996, and thereafter.
PASSED AND ADOPTED at a regular meeting of said City Council he
day of , 1996, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 3922
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL REAFFIRM ACCEPTANCE OF
THE COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS, ACKNOWLEDGING RECEIPT OF THE
COMMISSIONS RESOLUTIONS OF CERTIFICATION FOR
THE WEST BATIQUITOS LAGOON SEGMENT 1985, EAST
BATIQUITOS LAGOON SEGMENT 1988, MELLO I AND I1
SEGMENTS 1985 AND THE FOLLOWING SUGGESTED
94(B), TH - 6B, DIRECT STAFF TO SUBMIT THE
DOCUMENTS NECESSARY FOR EFFECTIVE
CERTIFICATION, AND AGREE TO ISSUE COASTAL
DEVELOPMENT PERMITS THROUGHOUT THE COASTAL
ZONE EXCEPT IN THE AGUA HEDIONDA LAGOON
SEGMENT AND CARRY OUT THE LOCAL COASTAL
PROGRAM IN CONFORMANCE WITH DIVISION 20 OF THE
PUBLIC RESOURCES CODE
CASENAME: CITY OF CARLSBAD LOCAL COASTAL
MODIFICATIONS 1-87, 2-87, 3-87, 3-91, 1-91, 1-92, 1-94(A), 1-
PROGRAM EFFECTIVE CERTIFICATION
CASE NO: LCPA 95-15/MP 177(Q)/MP 175(G)/ MCA 96-
96-01/ZCA 95-03
WHEREAS, the City of Carlsbad's Local Coastal Program has no
Effectively Certified by the California Coastal Commission; and
WHEREAS, Effective Certification of the Local Coastal Program, in 4
with California Administrative Code Section 13544.5, is necessary before the City c
can obtain Coastal Permit Development issuing authority; and
WHEREAS, certain city legislative actions (as set forth in this reso
necessary before submission of the City's Local Coastal Program to the Califorr
Commission for Effective Certification; and
WHEREAS, the City of Carlsbad has received Suggested Modificatior
California Coastal Commission for the Land Use and Implementation Portions of
Coastal Program as set forth in this resolution; and
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WHEREAS, the Planning Commission is Advisory Body to the City C
may make a recommendation on the items set forth in this resolution.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Planning Commission RECOMMENDS that the Cit
REAFFIRM ACCEPTANCE of the California Coastal Co
"Suggested Modifications" as shown in the attached Exhibit "Y" dat
1996.
3. That the Planning Commission RECOMMENDS that the Cit
AGREES TO ISSUE Coastal Development Permits in conformanc
certified Local Coastal Program in all segments except the Agua
Lagoon Segment, and certify that the local coastal program will be ca
conformance with Division 20 of the Public Resources Code.
4. That the Planning Commission RECOMMENDS that the Cit
acknowledge receipt of the Coastal Commission's Resolutions of C
including any terms or suggested modifications which have been receiv
5. That the Planning Commission RECOMMENDS that the City Coi
staff to submit the necessary documents to the Coastal Commission fc
Certification of the City Local Coastal Program.
Findings:
1. That the proposed Suggested Modifications are consistent with th
Carlsbad's Local Coastal Program.
That acceptance of the proposed Suggested Modifications and agreeme
coastal development permits is necessary by the City Council in order
with California Administrative Code Section 13544.5.
That the above actions and notification procedures for appealable develc
legally adequate to satisfy the specific requirements set out in tl
Commission's Certification Order.
2.
3,
....
....
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PC RES0 NO. 3922 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 5th day of June, 19!
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsc
Savary, Welshons
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
WILLIAM COMPAS, Chdrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL A#gy J. H~LZMILLER 18
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Planning Director
24 PC RES0 NO. 3922 -3-
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EXHIBIT "Y"
MAY 1, 1996 1-87
MELLO If SEGMENT
1. Modification of the proposed LUP designation for the upland portion of tl
Hughes property on the north side of Buena Vista Creek (proposal "F")
exclude from the proposed change a 25-foot wide open space bufl
upland of the 6.6 (MSL) elevation of the Buena Vista Creek Channel.
Deletion of proposal "G" for a LUP designation change for the first row
lots fronting Buena Vista Lagoon between the Interstate 5 overcrossing
Jefferson Street and the property south and east of the intersection
Buena Vista Way and Jefferson Street.
2.
G( Page 1
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2-87
SUGGESTED MODIFICATION TO THE MELLO II SEGMENT SEAPOINTE, POLK
3-6 AND 4-B2 OF IMPLEMENTING ORDINANCES
A. Mello II Seament Land Use Plan
1. The City shall submit a revised exhibit for the proposed Open Space ar
of Seapointe Sub-area P-3. The revised exhibit shall show all of t
wetlands and riparian habitat of the site, and an upland buffer of 100 fc
in width, within the proposed Open Space (OS) designation.
Policy #3-6 shall be added to the Mello Ii segment Land Use Plan to rea 2.
3. Proposed uses #I2 and #I3 within agriculturally designated lands of 1
Carltas Property (farmer's markets or a floral auctionkenter) shall
deleted from the amendment.
Mello I1 Segment lmplementinq Ordinances
I. Revise the first paragraph of Policy 4-(b-2) of the Implement
B.
Ordinances under the Coastal Resource Protection Overlay Zone to sta
(b) Drainage, Erosion, Sedimentation, Habitat
(2) Batiquitos Lagoon Watershed - Development located east of
(generally referred
for a maximum den units per gross ac
excluding wetlands
requirements of the P-C planned community zone Ch. 21-
supplemented by these additional requirements. Land divisic
shall only be permitted pursuant to a Master Plan for the en
original parcel subject to the requirements herein ....
Proposed uses #I2 and #I3 within agriculturally designated lands of the Carl
Property (farmer's markets or a floral auctionkenter) shall be deleted from
1n (Fa). Development shall take place according to
2.
amendment,
< Page 2
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3-87
MELLO I - POLICY 1 - LAND USES
A. 1. Development of the property may occur only under the provisions of a
Master Plan, and shall be subjec
/Planned Development."
B. 2. The land uses allowed by the Master Plan
f Carlsbad General Plan as amended
to provide a combination of residential
serving) and open space uses.
Residential density permitted through the Master Plan shall not exa C. 3.
wed by the City of Carlsbad General Plan
4. All land uses and intensity of use shall be compatible with the proteci
of sensitive coastal resources.
Land use intensity shall be consistent with that allowed by the Carlsl D. 5.
PACIFIC RIM (AVIARA) MASTER PLAN
E.
F.
2 Page 3
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1-91
AVlAUA MASTER PLAN
Fire suppression policy language contained in the landscape development standai
on pages 170, 174, 177, 181 and 189 of the Aviara Master Plan should be revised
read as follows:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas and
structures. The fire suppression plan should incorporate structural
setbacks from native areas in combination with a program of selective
Page 4
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3-91
AVIARA MASTER PLAN
Fire suppression policy language contained in the landscape development standai
on page 165 of the Aviara Master Plan should be revised to read as follows:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas and
structures. The fire suppression plan should incorporate structural
setbacks from native areas in combination with a program of selective
Page 5
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MELLO li SEGMENT LAND USE PLAN
1. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #f
Page 6 <
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1 -94(A)
WEST BATIQUITOS LAGOON
West Batiquitos Lagoon Land Use Plan
1. On page 1 within the introduction, the language shall be revised as follows:
The Poinsettia Shores Master Plan proposes to eliminate the university a
research and development uses on the east side of the AT&SF railroad right-
way and develop this area with a variety of residential products in a gal
Land uses west of the railroad right-of-way will remain substantially
ity!
p rev1 o us I y approved.
On page 1 under “Land Uses,” the language shall be revised as follows:
The following are the proposed land use “Planning Areas,” each providing a b
description. The Planning Areas correspond directly with the planning arc
approved with the Poinsettia Shores Master Plan. All development in thc
planning areas are subject to the provisio
y the Carlsbad City Council . No development inconsist
permitted. The Planning Areas identified below will replace the former plann
areas established by the BLEP Master Plan.
On page 4 under “Planning Area E,” the language shall be revised to read:
Planning Area E has a gross area of 0.9 acres and a net developable area of
acres;
On Page 4 under “Planning Area F,” the language shall be revised as follows:
Planning Area F carries a Non-Residential (NRR) General Plan designatio
Planning Area F is an “unplanned” area, for which land uses will be determir
at a later date when more specific planning is carried out for areas west of
railroad right-of-way. A future Major Master Plan Amendmen
prior to future development approvals for Planning Area F, and
a LCP amendment with associated environmental review, if determii
necessary.
On page 4 under “Planning Area F,” the following language shall be added:
2.
3.
4.
5.
5? Page 7
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6. On page 5 under “Planning Area GI” the language shall be revised as follows: . All development
Planning Area G shall conform to the standards of the C-T zone of the Carlsb
Municipal Code, Chapter 21 29.
On page 7 under “Planning Area M,” the language shall be revised as follows:
. This area shall
ter and will be locat
7.
adjacent to Avenida Encinas between Planning Areas A-I and B-I.
On page 10 under “Environmentally Sensitive Habitats,” the language shall
revised as follows:
Recordation of several open space easements has occurred with the existi
development along the bluff top on the area identifies as Planni
Recordation of additional open space easements along the bluff
ccur upon recordation of the final maps for Planni
Furthermore, development of the bluff tops shall maint,
ed in the Poinsettia Shores Master Plan from the bluff edg
8.
9. On page 10 under “Public Access,” the language shall be revised as follows:
Lagoon accessways, bluff top accessways or equivalent overlook areas, an(
bike path/pedestrian walkway, shall be provid
pact environmentally sensitive
Page 8 $
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IO. On page 11 under “Master Plan Approval,” the language shall be revised
follows:
The Poinsettia Shores Mast
Ordinance No. NS-266 and
(Poinsettia Shores Master Plan)
On page 1 under “Purpose,” the language shall be revised as follows:
Adoption of the Poinsettia Shores Master Plan by the C
Carlsbad Municipal Code
will establish the zoning and developm
ct as a whole with consideration to indivic
11.
planning areas, defining the permissible type and intensity of development.
On page 9 under “Circulation and Roadway Alignment,” the language shall
revised as follows:
As shown on Exhibit 3, page 12, Avenida Encinas and Windrose Circle will
12.
13. On pages 14, 18 and 105, references to Planning Area F regarding a fui
Major Master Plan Amendme II be revised to read that further developm
approvals for Planning Area F include a LCP amendment.
On page 23, Exhibit 10, the Open Space Plan shall be revised to illustrate ’
the setbacks and open space shown on Planning Areas G and H shall
14.
Page 9 98
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identified as “Public Open Space,”
15. On page 25, under “Open Space and Resource Preservation--Perime
Pedestrian Trail,” the following language shall be added:
16. On page 41 under “Affordable Housing,’’ the language shall be revised
follows:
In conjunction with the Density Bonus, additional incentives are also required
be granted to the density bonus applicant. For the Poinsettia Shores Masi
Plan, one additional incentive will be design modifications within any of t
Planning Areas to the Planned Development Ordinance standards and/or 0th
City policies. The modifications shall be either as set forth in this Master Plan
ctor, a+& City Engineer, a
17. On page 54, under “Master Plan Theme Elements,” the language shall
revised as follows:
The entries into Planning Areas A-?, A-2, A 2, F. 4 , B-1, B-2, and C will
manned or electronically guarded gates. This is intended to limit the access ir
the private portions of the Master Plan development area.
On page 82, under “Planning Area A-3,” -- Other Special Conditions, tl
language shall be revised as follows:
18.
that portion of the
completed.
On page 84, under “Planning Area A4” -- Design Criteria, the language shall
revised as follows:
19.
SOI Page 10
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In order to address potential visual impacts to the lagoon, specific architectu
standards or designs must be proposed concurrent with the review of a planni
development permitlor tentative map for this planning area. These developme
standards shall address reduction of potential visual impacts through metho
which may include but are not limited to: use of single-story elements
architecture, percentage of single-story or single-story elements adjacent to t
20, On page 85, under “Planning Area A-4” -- Other Special Conditions, 1
language shall be revised as follows:
mits for any home
, construction of tha
which is within this Planning Area shall be competed.
On page 11 1 , under “Planning Area G” --Other Special Conditions, the langua
shall be revised as follows:
The development of this planning area shall include a public access trail sy&
21.
22. On page 1 15, under “Planning Area H” -- Other Special Conditions, the langua
shall be revised as follows:
23. On page 122, under “Planning Area L” --Design Criteria, the language shall
revised as follows:
Design Criteria:
Page 11 90
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All development in this Area shall be consistent with Batiquitos Lagc
Enhancement Plan.
Page 12 4,
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1 -94( B)
AVIARA MASTER PLAN
1. On page 17 within the "Local Coastal Program: section, new language shall
added in Section 2 as follows:
Gradina and Resource Preservation All development upon the subject prope
shall comply with the grading and resource preservation policies of i
underlying Mello I, Mello II and Batiquitos Lagoon/HPI Local Coastal Progr;
policies. For all tentative maps and/or site development plans/planned L
development processed for any portion of this Master Plan, site specific sla
and biological constraint maps must be submitted for review. These maps st
specify: 1) all 25% or greater slope areas containing Chaparral and Coa:
2. On page 138 under Planning Area 17 'I
revised as follows:
A fire suppression zone subject to the approval of the Planning Director and F
Marshal shall be established between nativehaturalized areas and structure
The fire suppression plan should incorporate
structural setback from native areas in combination with a program of select
thinning of native vegetation subject to the approval of the Planning Director.
On page 138 under Planning Area 17 I
revised as follows:
The manufactured slope areas shall be maintained as open space. Additio
areas along the western boundary of the planning area shall be maintained
natural open space including eucalyptus groves located at the northwest i
southwest corners of the planning area which may be thinned. A tree thinn
plan shall be submitted to the Planning Director for approval. The above 01
'I, the fifth section should
3. ,'I the language shall
Page 13 92
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4. On page 153 under Planning Area 21 "
revised as follows:
A fire suppression zone subject to the approval of the Planning Director and F
Marshal shall be established between nativehaturalized areas and structure
The fire suppression plan should incorporate
thinning of native vegetation subject to the approval of the Planning Director.
Page 154 under Planning Area 21 I*
Trails
A portion of the major community trail which extends southward from Poinse
Lane is located within this planning area. The trail segment runs along
westerly edge of the major eucalyptus grove within the planning area and '
segment within the public utility corridor which extends southward to the {
," the fifth section should
structural setback from native areas in combination with a program of selecl
5. ", should be revised as follows:
6. On page 157 under Planning Area 22 I'
revised as follows:
A fire suppression zone subject to the approval of the Planning Director and F
Marshal shall be established between nativehaturalized areas and structure
The fire suppression plan should incorporate
structural setback from native areas in combinati
,I' the sixth section should
thinning of native vegetation subject to the approval of the Planning Director,
7. On page 158 under Planning Area 22 I'
revised as follows:
The manufactured slope areas shall be maintained as open space. the lai
undeveloped areas, especially the slopes in the twt#tw& central, east i
," the language shall
93 Page 14
8. Page 158 under Planning Area 22 I' 'I, should be revised as follows:
Trails
The portion of the major community trail which connects Poinsettia Lane a
9. On page 158 under Planning Area 22, the following language should be add
as follows;
IO. On page 162 under Planning Area 23 I'
revised as follows:
A fire suppression zone subject to the approval of the Planning Director and F
Marshal shall be established between nativehat
The fire suppression plan should incorporate
structural setback from native areas in combinati
thinning of native vegetation subject to the approval of the Planning Director.
Page 162 under Planning Area 23 I'
Trails
The portion of the major community trail which connects Poinsettia Lane a
Alga Road is located within the planning area a
," the sixth section should
1 1. ," should be revised to read as follow:
12. On page 193 under Planning Area 32 I'
revised as follows:
The following u 32 and 32a
Exhibit V-33); family-orienl
picnic areas, group picnic areas, turfed open space areas for free play, mu
purpose lighted playfields, tot areas, a structure for meeting or lectures, ten1
courts, swimming pool, onsite parking and similar uses commonly located ir
public park. Church and daycare uses are allowed with Area 32b subject
,I1 the language shall
Page 15 7L-r'
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approval of a conditional use permit.
On page 193a under Planning Area 32 "Open Space," the following langua
shall be added as follows:
13.
14. The schematic drawings associated with Planning Areas 17, 22 and 32 shoi
be revised as follows:
a. Revise PA 17 schematic to include revised approved tentative map a
open space corridor as shown in concept on Exhibit A attached.
Revise PA 22 schematic to include revised approved tentative map a
open space corridor as shown in concept on Exhibit B attached.
Revise PA 32 schematic to eliminate any proposed development patter1
b.
c.
95 Page 16
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Th-6b
EAST BATIQUITOS LAGOON SUGGESTED MODIFICATIONS
Section A
Land Use Cateqories:
1. North Shore Batiquitos Lagoon (outside the wetland boundary) ...
a. Land Uses Permitted Pursuant to a Master Plan
uses permitted by the Master Plan st
ed by the Carlsbad General Plan
In general, the Master Plan, Carlsb
tal Program allow for a combination
residential, commercial, and open space uses. Specifically, the uses st
be as follows:
I) Residential - the Mesa (Planning Area 30) shall be designat
development permit a maximum of 135 du. All other resideni
areas subject to this LCP segment are designated Residential Lo
Medium density (RLM 0-4 du/ac).
Residential Medium Density (RM 4-8 dulac) but constraints
[andl
3) Open Space - Portions of Planning Area 1, lALa&lB ad4t - are designated Open Space (OS). In addition
uses permitted under this designation, other uses baeae ?, ’
aw44-B may include public and/or private golf course pi
accessory uses such as clubhouse facilities. Uses in this opc
space area shall be designed so that there will be no significe
adverse impacts on environmentally sensitive habitats. AI
designated for open space is the lagoon wetland and bufl
(transition habitat) (Planning Areas 31A and 318). The only us
allowed within the wetland shall be consistent with Section 302
(Public Resources Code-See discussion in Policy C-1 below ). T
only uses allowed w
access trail system,
.. .. The trail shall be designed so as to - % ,ymstts
F maintain and Dresewe sensitive wetland are;
from disturbance, encroachment, human or domestic c
interference.
q6 Page 17
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F)
5) All areas disturbed by grading, but not completed during the construct
period, incl aded pads, shall be planted and stabilized prior
4l0veRw 1st with temporary or permanent (in the case
finished slopes) erosion control measures and native vegetation. The I
of temporary erasion control measures, such as berms, interce;
ditches, sandbagging, filtered inlets, debris basins, and silt traps shall
utilized in conjunction with plantings to minimize soil loss from
construction site ....
G)
La Costa Avenue is designated a major arterial providing coastal access fr
inland areas to the east. Construction of La Costa Avenue t
permit issued by the Coastal Commission. Wetlands impacts mitigation shall
a condition of the permit.
t organization (subject to Carlsbad appro\
Lagoon accessways and overlook areas along the north shore shall be providc
The responsibility for construction and maintenance of such facilities shall
with the developer as a condition of any permit approval unless otherw
rs of entitlement of those areas as a c
The accessways shall not adversely impact environmentally sensitive habitats
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PLANNING COMMISSION RESOLUTION NO. 3923
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFUSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AMENDMENTS TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO INCORPORATE THE
AMENDED LAND USE PLAN IMPLEMENTING
ORDINANCES, AND AMENDMENT TO ADD
INTRODUCTIONS TO THE LAND USE PLAN AND
IMPLEMENTATION SECTIONS OF THE CITY'S LOCAL
COASTAL PROGRAM
CASE NAME: CITY OF CARLSBAD LOCAL COASTAL
PROGRAM EFFECTIVE CERTIFICA-
TION
LCPA 95- 15 CASE NO:
WHEREAS, several modifications are proposed to be made to the C
Coastal Program implementing ordinances, Land Use Plan and Implementation i
comply with current legislation; and
WHEREAS, Section 30514(d) of the Public Resources Code allow!
changes may be De Minimis Local Coastal Program Amendments; and
WHEREAS, the Planning Commission is the advisory body to the C
on such Local Coastal Program amendments; and
WHEREAS, the Planning Commission did on the 1st day of May, 15
the 5th day of June, 1996 hold a duly noticed public hearing as prescribed by law to c
proposed Local Coastal Program Amendments shown on Exhibit "YY"; and
WHEREAS, at said public hearing, upon hearing and considering a1
and arguments, if any, of all persons desiring to be heard, said Commission considere
relating to the Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a minimum six week pi
period for any amendments to the Local Coastal Program other than De Minimis a
(21 days notice). 92
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad, as follows:
A)
B)
That the foregoing recitations are true and correct.
At the end of the State mandated six week review period staff shall pri
City Council a summary of the comments received.
That based on the evidence presented at the public hearing, the C
RECOMMENDS APPROVAL of LCPA 95-15 as shown on Exh
dated May 1,1996, attached hereto and made a part hereof based on th
findings:
C)
Findings:
1. That the proposed Local Coastal program Amendment is consistent with all
policies of the Carlsbad Local Coastal Program.
That the proposed amendment to the Carlsbad Local Coastal Program is
incorporate the amended implementing ordinances and Land Use
Implementation Introduction. Alterations have been made to these port
Local Coastal Program in order to bring the regulations up to date and in
2.
functioning of the legislation.
3. That the proposed amendment will have no impact either cumulative or ir!
on coastal resources.
4. That the proposed amendment is consistent with the policies of (
(commencing with Public Resources Code Section 30200) of the Coastal A
That the proposed amendment has received the noticing required by the C
of 1976 and the California Coastal Commission Administrative Regulatior
That the proposed amendment does not propose any change in land use
uses, or any change in the allowable use of property, or modify thc
protection measures for any area or property.
That the changes proposed make the Land Use Plan and Implementing C
more specific and do not change the kind, location, intensity or density 4
are consistent with the Land Use Plan as certified by the Coastal Commiss
That the notification and hearing procedures contained in this ament
consistent with the Coastal Act.
5.
6.
7.
8.
....
PC RES0 NO. 3923 -2- 99
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, held on the 5th day of June, 1996, by the followii
wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielse
Savary, Welshons
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
WILLIAM COMPAS, Chairpgson
CARLSBAD PLANNING COMMISSION
ATTEST:
&f& MICHML J. $OLZMILL&
Planning Director
-3 - fa PC RES0 NO. 3923
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EXHlBlT ''7 MAY 1, 19s
Within the coastal zone, if the environmental impact review process
additional site specific review shall be undertaken by a qualified professional to detf
appropriate means to mitigate the adverse effects. These mitigation measures shall be req implemented as a condition of development. They may include the requireme] archaeologist is present onsite during grading."
I' 19.04.060 General Responsibilities.
(h) archaeological or paleontological resources that could be adversely impacted by de
"21.04.107 Development (In The Coastal Zone). Development: (within the Coastal Zone) means, on land, in or under water, the pl
erection of any solid material or structure; discharge or disposal of any dredged materia gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extrac materials; change in the density or intensity of use of land, including, but not limited to, : pursuant to the Subdivision Map Act (commencing with Section 66410 of the Govern
and any other division of land, including lot splits, except where the land division is broug connection with the purchase of such land by a public agency for public recreational use: the intensity of use of water, or of access thereto; construction, reconstruction, dem alteration of the size of any structure, including any facility of any private, public, or utility; and the removal or harvesting of major vegetation other than for agricultural pur] harvesting, and timber operations which are in accordance with a timber harvesting plan
pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (come
Section 45 11). As used in this section, "structure" includes, but is not limited to, any building, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and ( line."
"21.33.015 Carlsbad State Beach. Developments on Carlsbad State Beach will require permits subject to the requi the certified Local Coastal Program. The Local Coastal Program.certified a coasta development overlay zone applicable to Carlsbad State Beach. It also established polic overall Master Plan for the area."
"21.38.141 Additional Standards: Rancho La Costa, Batiauitos Lanoon Watershed
NOTE: Applies only to Rancho La Costa, Hunt Properties, covered by the M Segment. The contents of the Master Plan as described in Chapter 21.38.060 shall i following additional information required below and be approved in accordance with tht
additional development standards:
limited to land divisions) require a coastal development permit subject to the requirem zone. All uses in this zone are subject to the procedural requirements of Chapter 21.201. simultaneously with the approval of any division of land or any other development, a 111% development for the property called Rancho La Costa shall be approved in accordanc
provisions of this chapter. Maximum Density of Development. The Master Plan shall be approved s
maximum density of development as follows: (1) Agricultural Land (with soils rated at I through IV under the Capability Classification System of the Soil Conservation Service) shall result in an intensity of development of 1 residential dwelling unit per 10 acres,
(2) All slopes greater than 25% shall result in an allowable developme! of 1 dwelling unit per ten acres,
(3) All slopes greater than 20% but less than 25% shall result in a dt intensity of 1 dwelling unit per five acres,
(4) All slopes greater than 15% but less than 20% shall result in a dt intensity of 1 dwelling unit per acre,
(a) Permits-Required. Developments as defined in Chapter 21.04.107, (includ
(b)
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(5) All slopes greater than 10% but less than 15% shall result in a dt intensity of 2 dwelling units per acre,
(6) All areas with a slope of less than 10% shall result in a developme of 6 units per acre.
The Master Plan shall include a topographic map at a scale SI determine the above but no less than 1"=100 feet having a contour interval of 5 feet wi
delineating areas of greater than 10, 15, 20, and 25 percent slopes. A map showing the erodibility, and class based on the Land Use Capability Classification System c
Conservation Service shall be submitted in the same scale as the slopes. The Master Plan
the computation of the densities and acreage of soils of the various classes and erodibility.
The plan required as a part of the Master Plan shall be certified as i
a registered engineer or other qualified professional to be true and accurate containing
accurate estimates of the amount of cut and fill. The plan shall show the existing and t
topography of the ground to be graded and filled, including a site plan of the proposed re
commercial development in the same scale so that it can be superimposed upon the topogr
(25% inclination or greater) shall be required to prepare a slope map and analysis for t
slopes. Steep slopes are identified on the PRC Toups Maps. The slope mapping and an
be prepared during the CEQA environmental review on a project-by-project basis ar
required as a condition of a coastal development permit. For those slopes mapped as possessing endangered planthin
and/or coastal sage scrub and chaparral plant communities, the following policy langt
apply: Slopes of 25% grade and over shall be preserved in their n;
unless the application of this policy would preclude any reasonable use of the propeq
case an encroachment not to exceed 10% of the steep slope area over 25% grade may be
For existing legal parcels, with all or nearly all of their area in slope area over 2
encroachment shall be limited so that at no time is more than 20% of the entire parcel
areas under 25% slope) permitted to be disturbed from its natural state. This policy shal
to the construction of roads of the City's Circulation Element or the development of utilit
environmentally damaging alternative available.
(B) No further subdivisions of land or utilization of Pla
Developments shall occw on lots that have their total area in excess of 25% slope unles:
Unit Development is proposed which limits grading and development to not more than
total site area.
Slopes and areas remaining undisturbed as a result of 1
review process, shall be placed in a permanent open space easement as a condition of de
approval. The purpose of the open space easement shall be to reduce the potential fo
erosion and slide hazards, to prohibit the removal of native vegetation except for creating
and/or planting fire retardant vegetation and to protect visual resources of importance tc
community. For all other steep slope areas, the City Council may allow excepl
above grading provisions provided the following mandatory findings to allow exceptions i
(A) A soils investigation conducted by a licensed soils en
determined the subject slope area to be stable and grading and development impacts miti
Grading of the slope is essential to the development intent a!
(c) Drainage and Erosion Control. Any development proposal that affects s
(1)
(A)
Use of slopes over 25% may be made in order to provide access to flatter areas if then
(C)
(2)
at least 75 years, or life of structure.
(B)
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(C) Slope disturbance will not result in substantial damage or s major wildlife habitat or native vegetation areas.
(D) If the area proposed to be disturbed is predominated by c
and is in excess of 10 acres, no more than one third of the total steep slope area shall b
major grade changes.
(E) If the area proposed to be disturbed is predominated by I
and is less than 10 acres, complete grading may be allowed only if no interruption of
wildlife corridors occurs.
(F) Because north-facing slopes are generally more prone
problems and in many cases contain more extensive natural vegetation, no grading or
Overriding circumstances are not considered adequate mitigation.
Drainage and runoff shall be controlled so as not to exceed at any t,
associated with property in its present state, and appropriate measures shall be taken on ar
to prevent siltation of lagoons and other environmentally sensitive areas.
The appropriate measures shall be installed prior to onsite grading.
Modification of these standards and criteria may be granted to
properties where strict application of the standards and criteria would, even after apl
clustering and other innovative development techniques, result in less than one-1
development potential that would be attainable under the maximum density of d
specified in(b) above.
Such modification shall be limited to the standards and criteria e,
(c)(l)(A) above, and shall not exceed that necessary to the attainment of said one-
development potential.
Where such modification must involve grading or other disruption
20% slope or greater, such grading or disruption shall be limited to not more than one-fc
land area of the property which is of 20% slope or greater.
In selecting areas within the property of 20% slope or greater wk
subject to modification of standards and criteria, lands with the following charactei
receive preference.
Land with the lowest relative degree of environmental sensi
Land with the relatively gentler slopes.
Land which will require the least amount of cut and fill
Land with the least amount of visual impact when vie\
Land which, when graded and developed, would haw
vegetation from these areas will be permitted unless all environmental impacts have been
(3)
(4)
(5)
e
e
e
which runoff and erosion can be most effectively controlled.
e
circulation element road or public vista point.
e
environmental and visual impact on the steep-sloped land form upon which such
development is to take place.
A site specific technical report shall be required addressing the
effects of developing each subwatershed and recommending measures to mitigate bot
runoff and sedimentation. It shall be reviewed and prepared according to the Model Eros
Ordinance contained in the Master Drainage Plan, with the additions and changes ado]
such that a natural drainage system is generally preserved for the eastern undeveloped
but that storm drains are allowed for those western portions of the watershed which h
been incrementally developed.
lot
(6)
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(7) Mitigation measures tailored to project impacts and consistent with
of cumulative development shall be implemented prior to development in accordanc
following additional criteria:
Submittal of a runoff control plan designed by a license
qualified in hydrology and hydraulics, which would assure no increase in peak runoff ra
developed site over the greatest discharge expected from the existing undeveloped site as
a IO-year frequency storm. Runoff control shall be accomplished by a variety of
including, but not limited to, onsite catchment basins, detention basins, siltation traps
dissipators and shall not be concentrated in one area or a few locations.
(8) Detailed maintenance arrangements and various alten
providing the ongoing repair and maintmance of any approved drainage and erosi
facilities. If the offsite or onsite improvements are not to be accepted or maintained k
agency, detailed maintenance agreements shall be secured prior to issuance of a permit.
(C) All permanent runoff and erosion control devices shall be
and installed prior to or concurrent with any onsite grading activities.
(D) All grading activities shall be prohibited within the pr
October 1 st to March 3 1 st of each year.
(E) All areas disturbed by grading, but not completed (
construction period, including graded pads, shall be planted and stabilized prior to Octobl
temporary or permanent (in the case of finished slopes) erosion control measures i
vegetation. The use of temporary erosion control measures, such as berms, interceptc
sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunl
platings to minimize soil loss fiom the construction site. Said planting shall be accompIi:
the supervision of a licensed landscaped architect and shall consist of seeding, mulching, f;
and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be r
the required level of coverage is not established. This requirement shall apply to all distu
including stockpiles.
The master plan shall include buffers and open
separate agriculture use from residential development.
and new development shall be established and protected through conservation easements. '
area shall include natural vegetation, natural grade separations, and other natural fea
addition, roads shall be designed as much as possible to function as buffers between agric
residences. Residential uses shall be sited and designed to provide an open space area i
use conflicts. Cut and fill shall not occur adjacent to agricultural areas in order to providt
buffer. The P-C zone requirement of open space can be used in conjunction with this req
open space easements in perpetuity free of prior liens prior to issuance of a permit. Land
open space easements may remain in private ownership with the appropriate easen
restrictions and maintenance arrangements to be secured from the developer prior to issi
permit. The City shall require the developer or a homeowner's association to maintain the c
area or it can alternatively require payment of fees if the Coastal Conservancy certifie
maintenance fee is adequate. If a homeowner association is to maintain the open space, a]
provision for fees and maintenance shall be required as a condition of approval of the permj
Sitingparking. Due to severe site constraints, innovative siting and desie
(including shared use of driveways, clustering, tandem parking, pole construction)
(A)
(d) Bufferdopen Space.
Adequate buffer areas, generally of at least 100 feet, between agricultural
Lands to be preserved in open space shall be dedicated to coastal conservancy through '
(e)
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incorporated in the Master Plan to minimize the paved surface area. Dwelling units shall 1
in the relatively flat portions of the site,”
“21.38.160 Additional Standards - Upper Agua Hedionda Watershed.
The Contents of a Master Plan for Kelly Point and Macario Canyon area as ident
Carlsbad Local Coastal Program shall include the following additional information reqi
and be approved in accordance with the following additional development standards:
Permits - Required. Developments as defined in Chapter 21.04.107, (in
not limited to land divisions) require a coastal development permit subject to the require]
zone. All uses in this zone are subject to the procedural requirements of Chapter 2 1.201.
simultaneously with the approval of any division of land or any other development, a ma
development for the property containing the requirements specified below shall be SUI
approved.
(b) Maximum Density of Development. The Master Plan shall be approved ,
maximum density of development as follows:
(1) All slopes greater than 25 percent shall result in an allowable d
intensity of 1 dwelling unit per ten acres;
(2) All slopes greater than 20 percent but less than 25 percent shall
development intensity of 1 dwelling unit per five acres;
(3) All slopes greater than 15 percent but less than 20 percent shall development intensity of 1 dwelling unit per acre;
(4) All slopes greater than 10 percent but less than 15 percent shall
development intensity of 2 dwelling units per acre;
(5) All areas with a slope of less than 10 percent shall result in a dt
intensity of 6 units per acre;
(6) For the Kelly Ranch Master Plan area, residential densities and slc
shall be permitted and based on those contained in the City approved master plan and as a
the Coastal Commission in Permit 6-84-617.
(7) Approximately 4 acres located adjacent to the extension of Cannon
as described in Coastal Development Permit 6-84-6 17 are designated for visitor-
Neighborhood Commercial use.
The plan required as a part of the Master Plan shall be certified as
a registered engineer or other qualified professional to be true and accurate containing
topography of the ground to be graded and filled, including a site plan of the proposed re
commercial development in the same scale so that it can be superimposed upon the topogr
The Master Plan shall include a topographic map at a scale si
determine the above but no less than 1” = 100 feet having a contour interval of 5 feet wi
delineating areas of greater than 10, 15, 20, and 25 percent slopes. A map showing the t
erodibility, and class based on the Land Use Capability Classification System o
Conservation Service shall be submitted in the same scale as the slopes. The Master Plan
the computation of the densities and acreage of soils.
(c) Erosion, Drainage, Sedimentation. Subject to the modifications, ad
exceptions expressed below, as a part of the permit application, the applicant shall submit
sedimentation and drainage plan, prepared by a qualified professional, including the requ
the Model Erosion Control Ordinance reprinted !in the Appendix to the June 1980 Carls
5
(a)
accurate estimates of the amount of cut and fill, The plan shall show the existing and t
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Drainage Plan, the requirements of the Master Drainage Plan, md the additional re
specifically enumerated herein. For purposes of this zone, the June 1980 Master Drainai
its appendices are herein incorporated by this reference and are a part of this zone. No
amendments are a part of this zone unless certified by the Coastal Commission. 7
provisions, standards, content of plans and implementation contained therein are in addj
provisions below. Approved development shall include the following conditions, in add
requirement specified above:
A soils map in the scale of 1 " = 100 feet, showing both the erodibil
and the type and location of soils, using the SCS Land Use Capability Classification S
standards of erodibility developed by SCS. The soils map shall be certified by a soils c
true and accurate.
(2) Any development proposal that affects steep slopes (25% inc
greater) shall be required to prepare a slope map and analysis for the affected slopes. S
are identified on the PRC Toups Maps. The slope mapping and analysis shall be prepared
CEQA environmental review on a project-by-project basis and shall be required as a con
Coastal Development Pennit.
(A) For those slopes mapped as possessing endangered pl
species and/or coastal sage scrub and chaparral plant communities, the following polic!
would apply:
Slopes of 25% grade and over shall be preserve
natural state, unless the application of this policy would preclude any reasonable use of th
in which case an encroachment not to exceed 10% of the steep slope area over 25% gra
permitted. For existing legal parcels, with all or nearly all of their area in slope area over 2
encroachment may be permitted; however, any such encroachment shall be limited so that
is more than 20% of the entire parcel (including areas under 25% slope) permitted to be
from its natural state. This policy shall not apply to the construction of roads or
Circulation Element or the development of utility systems. Uses of slopes over 25% may I
order to provide access to flatter areas if there is no less environmentally damaging
available.
Developments shall occur on lots that have their total area in excess of 25% slope unless
Unit Development is proposed which limits grading and development to not more than 1
total site area.
Slopes and areas remaining undisturbed as a res1
hillside review process, shall be placed in a permanent open space easement as a co
development approval. The purpose of the open space easement shall be to reduce the PC
localized erosion and slide hazards, to prohibit the removal of native vegetation except fc
firebreaks andor planting fire retardant vegetation and to protect visual resources of imF
the entire community.
For all other steep slope areas, the City Council may allow I
to the above grading provisions provided the following mandatory findings to allow exce
made:
A soils investigation conducted by a licensed soils en
determined the subject slope area to be stable and grading and development impacts mitig
Grading of the slope is essential to the development
(1)
(i)
(ii) No further subdivisions of land or utilization of Ple
(iii)
(B)
(i)
at least 75 years, or life of structure.
(ii)
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design.
Slope disturbance will not result in substantial (
alteration to major wildlife habitat or native vegetation areas.
If the area proposed to be disturbed is predominate
slopes and is in excess of 10 acres, no more than one third of the total steep slope art
subject to major grade changes.
If the area proposed to be disturbed is predominate
slopes and is less than 10 acres, complete grading may be allowed only if no intel
significant wildlife corridors occurs.
Because north-facing slopes are generally more
stability problems and in many cases contain more extensive natural vegetation, no
removal of vegetation from these areas will be permitted unless all environmental impact$
mitigated. Overriding circumstances are not considered adequate mitigation.
Drainage and runoff shall be controlled so as not to exceed at any ti
associated with property in its present state, and appropriate measures shall be taken on an
to prevent siltation of Agua Hedionda Lagoon and other environmentally sensitive areas.
The appropriate measures shall be installed prior to onsite grading.
All undevelopable slopes shall be placed in open space easer
condition of development approval.
A site specific technical report shall be required addressing the
effects of developing each subwatershed and recommending measures to mitigate bot1
runoff and sedimentation. It shall be reviewed and prepared according to the Model Eros
Ordinance contained in the Master Drainage Plan, with the additions and changes ado1
such that a natural drainage system is generally preserved for the eastern undeveloped 7
but that stormdrains are allowed for those western portions of the watershed which have a’
incrementally developed.
Mitigation measures tailored to project impacts and consistent with
(iii)
(iv)
(v)
(vi)
(3)
(4)
(5)
(6)
(7) of cumulative development shall be implemented prior to development in accordanc
following additional criteria:
Submittal of a runoff control plan designed by a license
qualified in hydrology and hydraulics, which would assure no increase in peak runoff ra
developed site over the greatest discharge expected from the existing undeveloped site a:
a 10-year frequency storm. Runoff control shall be accomplished by a variety ol
including, but not limited to, onsite catchment basins, detention basins, siltation traps
dissipators and shall not be concentrated in one area or a few locations.
(B) Detailed maintenance arrangements and various alten
providing the ongoing repair and maintenance of any approved drainage and eros
facilities. If the offsite or onsite improvements are not to be accepted or maintained
agency, detailed maintenance agreements shall be secured prior to issuance of a permit.
and installed prior to or concurrent with any onsite grading activities.
(A)
(C)
(D)
(E) All areas disturbed by grading, but not completed
construction period, including graded pads, shall be planted and stabilized prior to Novel
temporary or permanent (in the case of finished slopes) erosion control measures
All permanent runoff and erosion control devices shall be
All grading activities shall be prohibited within the p
October 1 to March 31 of each year.
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vegetation. The use of temporary erosion control measures, such as berms, intercept!
sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjun
plantings to minimize soil loss from the construction site. Said planting shall be accompli:
the supervision of a licensed landscape architect and shall consist of seeding, mulching, f
and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be I
the required level of coverage is not established. This requirement shall apply to all dish
including stockpiles.
Agricultural Preservation. Due to overriding and extensive wetland preser
protection provisions of the Kelly Ranch Master Plan as approved by the City of Ca,
California Coastal Commission in Permit 6-84-617, agricultural preservation policies are u
Agricultural preservation policies for the remaining areas covered by this
have been deleted by Local Coastal Program Amendment 2-85.
Park Purposes. Park purposes shall be a permitted use compatible with th
designation, provided that any park construction is subject to Section (C), Erosion,
Sedimentation above.
SitingEarking. Due to severe site constraints, innovative siting and desi
(including shared use of driveways, clustering, tandem parking, pole construction:
incorporated in the Master Plan to minimize the paved surface area. Dwelling unit
clustered in the relatively flat portions of the site."
(d)
(e)
(0
"2 1.40.135 Coastal Zone Restrictions.
Within the coastal zone, existing public views and panorama shall be maintainec
the individualized review process, sites considered for development shall be conditioned s
obstruct or othenvise damage the visual beauty of the coastal zone. In addition to the abc
limitations and see-through construction techniques should be employed. Shoreline de
shall be built in clusters to leave open areas around them to permit more frequent vie
shoreline. Vista points shall be incorporated as a part of larger projects. The unique cha
of older communities such as the Carlsbad Village Drive corridor shall be preserved throl
requirements which are in accordance with the flavor of the existing neighborhood."
"21.41.070 (111
(1 1) The following sign restrictions apply to properties in the coastal zone excep
(A) Each business shall be entitled to one facade sign.
(B) Each shopping complex shall have only one directory sign not to
feet in height, including mounting.
(C) Monument sign height including mounting shall not exceed 8 feel apply where three (3) or fewer commercial establishments exist on a parcel.
(D) Tall freestanding and road signs shall not be allowed.
(E) Off-premise signs shall not be allowed."
Hedionda Lagoon and Village Redevelopment Segments.
....
"21.42.020 Facts Required Prior To Granting Permit.
A conditional use permit shall be granted only if the following facts are found
(1)
regard thereto:
That the requested use is necessary or desirable for the developme
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community, is essentially in harmony with the various elements and objectives of the Gc including if applicable the certified Local Coastal Program, and is not detrimental to exis
to uses specifically permitted in the zone in which the proposed use is to be located;"
"2 1 S0.0 10 Variance - Granting: Authority.
When practical difficulties, unnecessary hardships, or results inconsistent with purpose of this title result through the strict and literal interpretation and enforcen
provisions hereof, the Planning Commission shall have authority, as an administrative ac the provisions of this article, to grant upon such conditions as it may determine, such va
the provisions of this title as may be in harmony with its general purpose and intent, so th
of this title shall be observed, public safety and welfare secured and substantial justice d
coastal zone, a variance shall not be allowed to diminish or otherwise adversely
substantive requirements for protection of coastal resources."
"21.50.030(4)
(4) That the granting of such variance will not adversely affect the comprehens
plan, or in the Coastal Zone, that the granting of such a variance is consistent with and
the requirements of the certified Local Coastal Program andthat the granting of such va
not reduce or in any manner adversely affect the requirements to protect coastal ri
specified in the zones included in this title and that the variance implements the purpos
adopted as implementation of the Local Coastal Program Land Use Plan."
"21.52.010 When.
Boundaries of the zones established by this title, the classification of property use:
other provisions of this title may be amended whenever public necessity, convenience
welfare require. Within the Coastal
approved as a Local Coastal Program Amendment.
Zone such boundary changes shall not be eff
"21.52.160 General Plan and LCP Amendments.
(a) Amendments to the General Plan or to any of the elements thereof shall b
in accord with this chapter. All provisions of this chapter applicable to the amendment
shall also apply to General Plan amendments with the exception of the time requirement f
Commission and City Council hearings. Planning Commission and City Council I
General Plan amendments shall be held at such times as the City Council shall by motion
Amendments to the certified Local Coastal Program shall be processed a
Section 30514 of the Public Resources Code."
"21.54.050 Setting: of Hearing.
All proposals for amending zone or General Plan boundaries reclassifications
granting of any development permit or approval requiring a hearing as provided in this t
set for hearing by the Director when such hearings are to be held before the Planning (
and by the City Clerk for hearings to be held before the City Council. Conditional uses ir
zone shall be subject to the requirements of this chapter and the additional requirements
(b)
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21.81or 21.201 as applicable."
"21.54.060 (Ne) Notices In The Coastal Zone.
(e) Within the coastal zone, notice shall additionally be provided to occupants
ft. of the site and to the Area Office of the California Coastal Commission. Such noti
mailed not less than ten days before the date of the public hearing."
"2 1 S4.06 1 Content of Notice.
(a) The notice given pursuant to Section 21.54.060 shall include the date timc
of a public hearing, the identity of the hearing body or officer, a general explanation of th
be considered, and a general description, in text or diagram, of the location of the real
any, that is the subject of the hearing.
information: (b) However, within the coastal zone such notice shall contain the following
(1) a statement that the development is within the coastal zone;
(2) the date of filing of the application and the name of the applicant;
(3) the number assigned to the application;
(4) a brief description of the general procedure of local government q
the conduct of hearing and local actions;
required, expressly stating whether the matter is appealable to the Coastal Commission." (5) the system for local and Coastal Commission appeals, including an)
"2 1.54.100 Hearing Continuance Without Public Notice.
If, for any reason, testimony on any case set for public hearing cannot be complc
date set for such hearing, the person presiding at such public hearing may, before adjoi
recess thereof, publicly announce the time and place to, and at which, said hearing will be
and no further notice is required. However, within the coastal zone, if a decision on a de
permit is continued by the local government to a time which is neither (a) previously st,
notice provided pursuant to Section 21.54.060, nor (b) announced at the hearing to be con
time certain, the City shall provide notice of the hrther hearings (or action on the
development) in the same manner and within the same time limits as established ir
21.54.060 and 21.54.061."
"21.54.120 General Plan Amendments (Except For The Coastal Zone).
All provisions of this chapter applicable to the amendment of zone classifications
apply to amendments to the General Plan or to any of the elements thereof.
If the hearings for general plan amendments are held at the same time as hearing
amendments under Chapter 21.52, the notice of such hearings may be combined with tho:
for general plan amendments under this section."
"21 S5.020 Authority - Conflict.
This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing wj
65970) of Division 1 of Title 7 of the California Government Code. In the case of a
between the provisions of this chapter, and those of Chapter 4.7, the latter shall prevail.
"21 ~6.010 Provisions To Be Minimum Requirements - Conflict Of Provisions.
In interpreting and applying the provisions of this title they shall be held to be the
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requirement for the promotion of the public health, safety, comfort, convenience and gene1
It is not intended by this title to interfere with or abrogate or annul any easement, covena
agreement between parties, provided, however, for developments located in the co:
easements, covenants, or other agreements between parties may not annul the rec
restrictions or obligations placed on the zone. When this title imposes a greater restrictio
use of building or land, or upon the height of buildings, or requires larger open spacc
imposed or required by other ordinances, rules, regulations, or by easements, co'
agreements, the provisions of this title shall control."
"2 1.61.025 Notification Of Litigation And Attorney General Intervention For Dei
In The Coastal Zone.
The provisions of Public Resources Code Sections 30800 et seq. shall apply to de1
in the coastal zone and in any case where no appeal has been filed from the decision
government on a development permit in the coastal zone (including decisions on Non-.
developments) or where an appeal has been filed but the Commission has determined not
appeal, and where litigation has subsequently been commenced against the local g
concerning its decision, the local government and plaintiff or petitioner shall promptly
copy of the complaint or petition to the Executive Director of the Commission. At the rec
local government (with the concurrence of the Commission) or upon an order of the Cc
the Executive Director shall request the Attorney General to intervene in such litigation o
the Commission. Administrative remedies pertaining to coastal development permits are 1
to have been exhausted unless all appeal procedures provided by the California Coastal 1
regulations have been utilized."
Chapter 21.201
Coastal Development Permit Procedures
Sections:
21.201,010 Purpose.
21.20 1.020 Definitions.
2 1.20 1.030
2 1.201.040 Application.
2 1.201.050
2 1.201.060
21.201.070
21.201.080 Minor Coastal Permits.
2 1.20 1.090
2 1.20 1.100
2 1.20 1.1 10
2 1.20 1.120
2 1.20 1.130
2 1.201.150
2 1.20 1.160
2 1.20 1.170
Requirements For Coastal Development Permits.
Determination of Applicable Notice and Hearing Procedures.
Exemptions and Categorical Exclusions from Coastal Development
Procedures.
Repair and Maintenance Activities Requiring a Coastal Developmei
Permit.
Notice of Public Hearing.
Notice of Local Government Action When Hearing Continued.
Planning Commission Action.
Appeal of Planning Commission Decision.
Appeals of Coastal Commission.
Public Hearing on Appealable Developments.
Finality of City Action.
Notice of Final City Action.
2 1.201.140 Exhaustion of Local Appeals.
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2 1.201.180
2 1.20 1.190
2 1.20 1.200
2 1.20 1.2 10 Extensions.
2 1.20 1.220 Permit Amendment.
2 1.20 1.230
2 1.20 1.240
21.201.250 Severability.
"21.201.010 Purpose.
This chapter establishes the permit procedures for developments located in the cc
This chapter is based on the Local Coastal Program Implementation Regulations ado
California Coastal Commission pursuant to Public Resources Code Sections 30620.6 and
as such shall constitute the minimum procedural requirements for review of developm
coastal zone pursuant to Public Resources Code Section 30600 (d)."
Local Government Action - Effective Date.
Application for Emergency Permits.
Expiration of the Coastal Development Permit.
Coastal Development Permits Issued by Coastal Commission.
Violations of the Public Resources Code.
"21.201.020 Definitions.
A. Aggrieved Person: Any person who, in person or through a representativ
at a public hearing of the City in connection with the decision or action appealed, or wh
appropriate means prior to a hearing, informed the City of the nature of his concerns or wl
cause was unable to do either.
B. Allowable Use: Any use allowed by right which does not require a public
any discretionary or non-discretionary permit of the approving authority.
C. Appealable Development: In accordance with Public Resources COC
30603(a) any of the following:
public road paralleling the sea or within 300 feet of the inland extent of any beach or c
high tide line of the sea where there is no beach, whichever is the greater distance.
2. Developments approved by the local government not incluc
paragraph C. 1. of this section located on tidelands, submerged lands, public trust lands,
feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of
bluff.
Any development which constitutes a major public works project
energy facility. The phrase ''major public works project or a major energy facility" as use
Resources Code Section 30603(a) (5) and its regulations shall mean any proposed pc
project, as defined by Section 13012 of the Coastal Commission Regulations, (Title 14
Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Cc
30107.
Appellant: Any person who may file an appeal and includes an app
aggrieved person or any two members of the Coastal Commission.
applying for a coastal development permit.
Approving Authority: The city officer, Planning Commission or Council i
coastal development permit.
Categorically Excluded Development: A development (upon request o
public agency or other person) which the Director has determined pursuant to Section2 1
of this Code to have no potential for significant adverse effect on Coastal Resources or 1
1, Developments approved by the local government between the sea i
3.
D.
E, Applicant; The person, partnership, corporation, state or local govern
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G.
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therefore, has issued an Exclusion ,
Coastal Zone: The Coastal Zone shall mean the Coastal Zone of the City (
as described in the Public Resources Code Section 30103. This Chapter shall apply in 1
Zone (except in the Agua Hedionda Lagoon and Village Redevelopment Segments).
H.
I. Commission: California Coastal Commission.
J. Director: The Director of Planning.
K. Executive Director: Executive Director of the Coastal Commission.
L. Local Coastal Program: The City's land use plan, zoning ordinances, ZO]
md other implementing actions certified by the Coastal Commission as meeting the requi
the California Coastal Act of 1976.
Major Energy Facility: Any energy facility as defined by Public Resot
Section 30107 and exceeding one hundred thousand dollars in estimated cost of constructic
Major Public Works Project: Any public works project as defined b
California Code of Regulations Section 130 12 and exceeding one hundred thousand
estimated cost of construction.
Permitted Use: Any use allowed by right which does not require a public h
does require a discretionary or non-discretionary permit (e.g. building permit) to be iss
approving authority.
P. Other Permits and Approvals: Permits and approvals, other than
development permit required to be issued by the approving authority before a develop
proceed."
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N.
0.
"2 1.201.030 Requirements For Coastal Develoument Permits.
Except as provided in Section 21.201.060 below, any applicant wishing to UI ''
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development (defined in Section 21.04.107) in the coastal zone shall obtain a coastal de
permit in accordance with the provisions of this Chapter, in addition to any other permit r
law. Development undertaken pursuant to a coastal development permit shall conform to
specifications, terms and conditions approved in granting the permit. The procedures
herein may be used in conjunction with other procedural requirements of the approving
provided that the minimum requirements as specified herein are assured."
"21.201.040 Application
Application for a coastal development permit shall be made in accordance
procedures set forth in this section.
A. An application for a permit may be made by the record owner or own
property affected or the authorized agent of the owner or owners. The application shall be
the Director upon forms provided by the Director. The application shall be accom
adequate plans which allow for detailed review pursuant to this chapter, a legal descripl
property and all other materials and information specified by the Director.
At the time of filing the application the applicant shall pay a processing
amount specified by City Council resolution.
Unless the property has previously been legally subdivided and no further si
is required the application shall be accompanied by a tentative map which shall be file(
Director in accordance with procedures set forth in Chapter 20.12 of this code. If tl
contains four or less lots or units, the application shall be accompanied by a tentative p
which shall be filed with the city engineer in accordance with procedures set forth in Cha
B.
C.
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of this code.
Whenever the development would require a permit or approval under the
of this title, notwithstanding this chapter, the application shall include sufficient informati,
review of such permit or approval. Application for all permits or approvals under this tl
The Director may require that the application contain a description of t alternatives to the development or mitigation measures which will be incorporate
development to substantially lessen any significant effect on the environment which ma;
by the development.
D.
coastal permit may be consolidated into one application.
E.
"21.201.050 Determination Of Applicable Notice And Hearing Procedures.
The determination of whether a development is Exempt, Categorically Exch
Appealable, or Appealable for purposes of notice, hearing and appeals.shal1 be made by tl
at the time the application for development is submitted. This determination shall be
reference to the certified Local Coastal Program, including maps, Categorical Exclusion
designations, and zoning ordinances adopted as part of the certified Local Coastal Progre
an applicant, interested person, or the Director has a question as to the appropriate proc
following procedures shall be followed:
The Director shall make the determination as to what type of developme A. proposed (Le. Exempt, Categorically Excluded, Appealable, Non- Appealable) and shall
applicant of the notice and hearing requirements for that particular development.
If the determination of the Director is challenged by the applicant or ar
person, or if the Director wishes to have a Commission determination as to the i
designation, the City shall notify the Commission by telephone of the dispute/questior
request an Executive Director's opinion;
The Executive Director shall within two (2) working days of the Director I
upon completion of a site inspection where such an inspection is warranted),
determination as to whether the development is Exempt, Categorically Excluded, Non-,
or Appealable;
D. Where, after the Executive Director's investigation, the Executive
determination is not in accordance with the Director determination, the Commission SI
hearing for the purpose of determining the appropriate designation for the area. The C
shall schedule the hearing on the determination for the next Commission meeting in the :
geographic region following the Director request."
B.
C.
"21.201.060 Exemptions and Categorical Exclusions From Coastal Developm,
A. Exemptions. The following projects are exempt from the requirements o
1. Improvements to existing single-family residential building except:
a.
b.
c.
Procedures.
development permit:
On a beach, wetland or seaward of the mean high tide line.
Where the residence or proposed improvement would encro
fifty feet of the edge of a coastal bluff;
On property located between the sea and the first pi
paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high
sea where there is no beach, whichever is the greater distance, or in significant scenic reso
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as designated by the Commission or regional Commission, improvement that would re:
increase of 10 percent or more of internal floor area of an existing structure or an i
improvement of 10 percent or less where an improvement to the structure had previoi
undertaken pursuant to Public Resources Code Section 30610(a), increase in height by mor
percent of an existing structure and/or any significant non-attached structure such as garage
shoreline protective works or docks.
d. Any significant alteration of land forms including re1
placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the I
coastal bluff except as provided in subsections 21.20 1.060,s and 10.
e. Expansion or construction of water wells or septic systems.
For the purposes of this section an existing single-family I
building shall include all appurtenances and other accessory structures, including deck:
attached to the residence; accessory structures or improvements on the property normally i
with residences, such as garages, swimming pools, fences and storage sheds but not inclui
houses or self-contained residential units; landscaping on the lot.
Improvements to existing structures other than a single-family re
a. On a beach, wetland, lake or stream or seaward of the mea
line.
b. Where the structure or improvement would encroach withii
of the edge of the coastal bluff;
c. On property located between the sea and the first pi
paralleling the sea or within three hundred feet of the inland extent of any beach or of the
tide of the sea where there is no beach, whichever is the greater distance, any improvc
structure other than a single-family residence or public works facility that would incre;
percent or more the internal floor area of an existing structure, or any additional improven
an improvement to the structure had previously been undertaken to Public Resources Co
306 1 O(b), or this section, and the cumulative increase of the improvements is ten percent c
any improvement which would increase the height of a structure by ten percent or more;
d. Any improvement which changes the intensity of use of a st1
e. Any significant alteration of land forms including rt
placement of Vegetation on a beach, wetland, or sand dune, or within one hundred feet of'
a coastal bluff or stream except as provided in subsections 21.201.060 (8) and (10) of ti
and
Any improvement made pursuant to a conversion of i
structure fiom a multiple unit rental use or visitor serving commercial use to a use invc
ownership or long-term leasehold including but not limited to a condominium conver
cooperative, conversion or motelktotel timesharing conversion.
g. Expansion or construction of water wells or septic systems.
Harvesting of agricultural crops, or other agriculturally relatec
specifically defined as permitted uses in the applicable zone which require no other 1
approvals of the approving authority, and are thereby allowable uses herein.
2.
pubic works facility except:
f.
3. Occupancy permits.
4.
5.
6.
Fences for farm or ranch purposes.
Water wells, well covers, pump houses, water storage tanks o
10,000 gallons capacity and water distribution lines, including up to 100 cubic yards ol
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grading, provided such water facilities are used for onsite agriculturally-related purposes o
Water impoundments located in drainage areas not identified as
streams (dashed or solid) on USGS 7 1/2 minute quadrangle maps, provided such impour
not exceed 25 acre feet in capacity.
Water pollution control facilities for agricultural purposes if con
comply with waste discharge requirements or other orders of the Regional Water Qual
Board.
9. Landscaping on the lot unless the landscaping could result in
10. Repair or maintenance activities not described in Section 2 1.20 1 .(
11. Activities of public utilities as specified in the Repair, Maintenance ;
7.
8.
damage tu sensitive habitat areas.
section, and
Book-Up Exclusion adopted by the Coastal Commksion, September 5, 1978, and as moc
time to time."
Categorical Exclusions. In addition to those projects exempted pursuant to
(A) of this section, the City Council may designate by resolution, after a public hearing,
of development which have no potential for any significant adverse effect, either indil
cumulatively, on coastal resources or on public access to, or along the coast. Developrr
has been so designated shall be Categorically Excluded from the provisions of this cha
designation of any Categorical Exclusion shall not be effective until the Categorical Exclu
has been approved by the Coastal Commission. The Director shall keep a record of i
issued for such Categorically Excluded projects.
B.
C. Notice of Categorically Excluded or Exempt Developments.
A permit issued by the City for a development which.is Categorically E
exempt from the coastal development permit requirements, shall be exempt from the 1
hearing requirements of this Chapter. The City shall maintain a record for all permits
Categorically Excluded or Exempt developments which shall be made available to tl
Commission or any interested person upon request. This record may be in the form of any
permits issued currently maintained by the City, provided that such record includes the 1
name, the location of the project, and brief description of the project.
"21.201.070 Repair and Maintenance Activities Requiring a Coastal Development
A. The following repair and maintenance activities require a coastal developml
because they involve a risk of substantial adverse impact to Coastal Resources or Access.
1. Any method of repair or maintenance of a seawall, revetment, blufi
wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
a. Repair or maintenance involving substantial alteratior
foundation of the protective work including pilings and other surface or subsurface structur
b. The placement, whether temporary or permanent, of rip-rap
berms of sand or other beach materials, or any other forms of solid materials, on a beach or
waters, streams, wetlands, estuaries and lakes or on a shoreline protective work e
c. The replacement of twenty percent or more of the materj
existing structure with materials of a different kind; or
d. The presence, whether temporary or permanent, of m
construction equipment or construction materials on any sandy area or bluff or within twe1
agricultural dikes within enclosed bays or estuaries;
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coastal waters or streams.
2. Any method of routine maintenance dredging that involves:
a. The dredging of one hundred thousand cubic yards or mort
twelve-month period;
b. The placement of dredged spoils of any quantity I
environmentally sensitive habitat area, on any sand area, within fifty feet of the edge oi
bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; (
The removal, sale or disposal of dredged spoils of any qu,
would be suitable for beach nourishment in an area the Commission has declared by res
have a critically short sand supply that must be maintained for protection of structures, coa
or public recreational use.
Any repair or maintenance to facilities or structures or work loci
environmentally sensitive habitat area, or any sand area, within fifty feet of the edge oj
bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or st
include:
a. The placement or removal, whether temporary or permane
rap, rocks, sand or other beach materials or any other forms of solid materials;
b. The presence, whether temporary or permanent, of n-
equipment or construction materials.
All repair and maintenance activities governed by the above
shall be subject to the permit regulations promulgated pursuant to the California Coas
1976, including, but not limited to, the regulations governing administrative and emergenc
The provisions of this section shall not be applicable to methods of repair and mi
undertaken by the ports listed in Public Resources Code Section 30700 unless so provided
in these regulations. The provisions of this section shall not be applicable to those
specifically described in the document entitled Repair, Maintenance and Utility Hookups, s
the Coastal Commission on September 5, 1978.
Unless destroyed by natural disaster, the replacement of 50 percent or
seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work
ownership is not repair and maintenance under Public Resources Code Section 30610(d) 1
constitutes a replacement structure requiring a coastal development permit."
c.
3.
B.
"21.201.080 Minor Coastal Permits.
A. The Director may issue Minor Coastal Permits for any development anywl
Coastal Zone costing less than $60,000 and which complies with the following criteria:
1. The development is consistent with the certified local coastal p
defined in Section 30108.6 of the Coastal Act.
2. The development requires no discretionary approvals other thar
Coastal Permit.
3. The development has no adverse effect individually or cumulatively
resources or public access to the shoreline or along the coast.
The Director shall give written notice of pending development decisior
application is complete, at least fifteen (1 5) working days prior to the decision on the app-
follows:
The notice shall include all the matters required k
21.54.061 of this code, including statement of a public comment period of at least 15 wo
B.
1. Contents.
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sufficient to receive and consider comments submitted by mail prior to the date establisl
decision, a statement that a public hearing shall be held upon request by any person and 2
that failure by a person to request a public hearing may result in the loss of that person'!
appeal to the Commission any action taken by a local government on a coastal developn:
application.
2. Recipients. The notice shall be sent by first class mail to:
a.
b.
C. The Coastal Commission.
d. The applicant.
Any person requesting to be on the mailing list for the pro
All property owners and residents within 100 feet of t
coastal decisions; and
perimeter; and
C. The Director may approve, approve with conditions, or deny the permit. TI
may waive a public hearing on a Minor Coastal Development Permit if notice has been I:
accordance with Section 21.201.080.B.l and a request for a public hearing has not been rl
the City within 15 working days from the date of sending the notice. If a request for a pub
is received, a public hearing before the Director shall be held in the same manner as i
Commission hearing. In either event the Director's decision shall be based upon the requir
and shall include specific factual findings supporting whether the project is or is not in c
with, the certified Local Coastal Program (and, if applicable, with the public access and
policies of Chapter 3 of the Coastal Act).
This Director's decision shall be made in writing. The date of the decisio
the date the writing containing the decision or determination is mailed or otherwise delivt
person or persons affected by the decision or determination. Unless the decision is appei
Planning Commission, the Director shall provide a Notice of Final Local Action in accorc
Sections 21.20 1.160 & 170 of this code, in addition to the Director's written decision.
The Director's decision is final unless the decision is appealed by an
person to the Planning Commission. The written appeal shall specifically state the reason
for the appeal and the manner in which the decision of the Director is in error. The decis
Director shall be affirmed by the Planning Commission unless the appellant shc
preponderance of the evidence that the decision of the Director is in error, inconsistent
law, the General Plan, this zoning ordinance or any policy of the City. The appeal shall 1
writing with the secretary of the Planning Commission within ten calendar days after the (
decision shall be final. The Director shall give Notice of Final Action on the appeal in a
with Sections 2 1.20 1.160 & 170.
If the Director determines that the project does not qualify for an exemptioi
Coastal Permit or an emergency permit then the Director shall set the application for a pub1
before the Planning Commission. Any coastal permit (other than a Minor Coastal De7
Permit) may be set for hearing concurrently with any other permit for the project. The Dirl
at hisher option refer the application for a Minor Coastal Permit to the Planning Comm
determination. "
D.
Director's decision, The decision by the Planning Commission on all appeals of the
E.
"21.201.090 Notice of Public Hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall bc
provided in Section 21.54.060 of this code. When the hearing on a coastal development
consolidated with the hearing on a tentative map, notice shall satisfy the requirements of
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chapter and Title 20 of this code."
"2 1.201.100 Notice Of Local Government Action Where Hearing Continued.
If a decision on a development permit is continued by the City to a time which is
previously stated in the notice provided pursuant to Section21.54.060 nor (b) announ
hearing as being continued to a time certain, the City shall provide notice of the further h action on the proposed development) in the same manner, and within the same timt
established in Sections 21.54.060,061 and 070."
"2 1.201.1 10 Planning Commission Action.
After a public hearing the Planning Commission may approve, conditionally appro
the application. No approval or conditional approval shall be given unless the Planning Cc
finds that the development is consistent with the provisions of the local coastal progrz
coastal zone and the development is in conformity with the public access and public
policies of Chapter 3 of the California Coastal Act."
"2 1.20 1.120 Appeal of Planning Commission Decision.
A. The decision of the Planning Commission is final and effective ten calenda
the adoption of the resolution of decision unless within such ten-day period the applic
other interested person files a written appeal with the City Clerk. An individual member I
Council can be an interested person. The written appeal shall specifically state the reason
for the appeal and the manner in which the decision of the Planning Commission is in t
decision of the Planning Commission shall be affirmed by the City Council unless the
shows by a preponderance of the evidence that the decision of the Planning Commission i
inconsistent with state law, the General Plan, LCP, or any applicable Specific Plan, Mz
zoning ordinance or policy of the City. Upon the filing of an appeal, the City Clerk sh
matter for public hearing. Such hearing shall be held within thirty days after the date of
appeal. Within ten days following the conclusion of the hearing, the City Council shall
decision on the appeal. The decision of the City Council is final.
If the development for which a coastal development permit also requ
discretionary permits or approvals for which the Planning Commission is not given fina
authority then the Planning Commission action on the coastal development permit shall be
recommendation to the City Council.
C. The City Council may establish and levy a fee for appeals of Coasi
decisions.
B.
"2 1.201.130 Apueals to Coastal Commission.
The following developments, due to their type or location, are within the appeal ji
of the Coastal Commission. Only decisions approving a coastal development permit
developments are Appealable to the Coastal Commission, unless otherwise noted. Areas
appeal jurisdiction are shown on the Post LCP Certification Map which is on file in the
department.
Developments on property located between the sea and the first pu
paralleling the sea or within three hundred feet of the inland extent of any beach or of the I
tide of the sea where there is no beach, whichever is the greater distance.
A.
B, Development on property located within three hundred feet of the top of th
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face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream.
section which are located in a sensitive coastal resource area.
Works project or a major Energy Facility."
C.
D.
Developments approved by the city not included within subsections A an(
Any decision approving or denying a development which constitutes a mi
"2 1.20 1.140 Exhaustion Of Local Appeals.
A. An appellant shall be deemed to have exhausted local appeals for purposc
an appeal under the Commission's regulations and be an aggrieved person where the apl
pursued the appeal to the appellate body (bodies) as required by the City appeal procedu
that exhaustion of all local appeals is not required if any of the following occurs:
The City requires an appellant to appeal to more local appellate t: 1.
have been certified as appellate bodies for permits in the coastal zone, in the implementat
of the Local Coastal Program.
2. An appellant was denied the right of the initial local appeal 1
ordinance which restricts the class of persons who may appeal a local decision;
3. An appellant was denied the right of local appeal because local 1
hearing procedures for the development did not comply with the provisions of this Article;
4. The City charges an appeal fee for the filing or processing of appeal
Where the project is appealed by any two (2) members of the Commission,
be no requirement of exhaustion of local appeals. Provided, that notice of Commission ay
be transmitted to the City Council (which considers appeals from the Planning Commisz
rendered the final decision), and the appeal to the Commission may
decision on the merits by the City Council. If the decision of the City Council modifies (
the previous decision, the Commissioners shall be required to file a new appeal from that d
The appeal to the California Coastal Commission shall be filed at the 101
office no later than ten working days after the date of the receipt of the notice of final loca
appeal, if any, to the Coastal Commission has been resolved."
B.
be suspended
C.
the local district office. No coastal development permit shall be issued or deemed approv
"2 1.201.150 Public Hearing On ADpealable Developments.
At least one public hearing shall be held on each application for an Appealable De\
(except as provided in Section 2 1.20 1.080 Minor Coastal Permits) thereby affording any p
opportunity to appear at the hearing and inform the city of the nature of their concerns reg
project. Such hearing shall occur no earlier than ten (10) calendar days following the mai
notice required in Section 21.54.060. The public hearing may be conducted in accorc
existing local procedures or in any other manner reasonably calculated to give interested 1
opportunity to appear and present their viewpoints, either orally or in writing.
"2 1.201.160 Finality Of City Action.
A local decision on an application for Development shall be deemed final when (1)
decision on the application has been made and all required findings have been adopted,
in conformity with the certified local coastal program, that the development is in conformit
public access and public recreation policies of Chapter 3 of the Coastal Act, and that th
conditions of approval adequate to carry out the certified local coastal plan as provic
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specific factual findings supporting the legal conclusions that the proposed development i
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implementing ordinances have been imposed, and (2) when all rights of appeal have beel
as defined in Sections 2 1.20 1.13 0 and 140 .I'
"2 1.20 1.170 Notice of Final City Action
Within seven (7) calendar days of a final decision on an application for any De
(except Categorically Excluded or Exempt developments) the city shall provide notice 0'
by first class mail to the Commission and to any persons who specifically requested notj
Final Action by submitting a self-addressed, stamped envelope to the city, (or, where req
paid a reasonable fee to receive such notice.) Such notice shall include conditions of ap,
written findings and the procedures for appeal to the Coastal Commission. Th
Commission's ten working day appeal period commences upon it's receipt of a final (
notice by the Coastal Commission."
"2 1.201.180 Local Government Action - Effective Date.
A final decision of the City on an application for an Appealable Development sh
effective after the ten (1 0) working day appeal period to the Commission has expired fol
final local action unless any of the following occur:
A.
B.
C.
An appeal is filed in accordance with the Commission's regulations;
The notice of final local government action does not meet the requir
Sections 21.201.160 and 21.201.170;
The notice of final local government action is not received in the Commis
and/or distributed to interested parties in time to allow for the ten (10) working day appeal
Where any of the circumstances in this Section occur, the Commission sh
five (5) calendar days of receiving notice of that circumstance, notify the City and applica
effective date of the City action has been suspended."
"2 1.20 1.190 Application For Emergency Permits.
A. Applications in case of emergency shall be made by letter to the Director or
or by telephone, if time does not allow. Emergency means a sudden, unexpected (
demanding immediate action to prevent or mitigate loss or damage to life, health, p
essential public services.
B. The following information shall be included in the request:
1. Nature of emergency;
2. Cause of the emergency, insofar as this can be established;
3. Location of the emergency;
4. The remedial, protective, or preventive work required to deal
emergency; and
5. The circumstances during the emergency that appeared to justify th
of action taken, including the probable consequences of failing to take action.
C. The Director shall verify the facts, including the existence of the nah
emergency, insofar as time allows.
D. The Director may grant an emergency permit upon reasonable terms and c
including an expiration date and the necessity for a regular permit application later, if th
finds that:
An emergency exists that requires action more quickly than permit
procedures for Minor Coastal Permits or for regular permits and the work can and will be
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within thirty days unless otherwise specified by the terms of the permit;
2. Public comment on the proposed emergency action has been revieu
allows; and
3. The work proposed would be consistent with the requirements of tl
land use plan.
The Director shall report, in writing, to the Planning Commission at its firs1 meeting after the emergency permit has been issued, the nature of the emergency an(
involved. Copies of this report shall be available at the meeting and shall be mailed to
who have requested such notification in writing. The report of the Director shall be ini
only; the decision to issue an emergency permit is solely at the discretion of the Directo
the provisions of this chapter.
Any request for an emergency permit within the Coastal Commission area
jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission
and issuance."
E.
F.
"21.201.200 Expiration Of The Coastal DeveloDment Permit.
A coastal development permit shall expire on the latest expiration date ap
any other permit or approval required for the project, including any extension grantec
ermits or approvals but in no event shall this period exceed three (3) years without an e:
time. If the project requires no permits or approvals other than a coastal development ,
coastal development permit shall expire two years from its date of approval if a building
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not been issued for the project."
"21.201.210 Extensions.
Not more than ninety or less than forty-five days prior to the expiration of
development permit the permittee may apply to the Director for an extension of the pe
application for an extension shall be processed pursuant to the provisions of this ch
extension shall be approved only if it is found that there has been no change of circun
relation to Coastal Resources per Section 13 169 of the California Code of Regulation
original granting of the permit. If the Director finds that there has been a change of circur
relation to Coastal Resources since the original granting of the permit the applicati
extension shall be denied or conditionally approved. The decision of the Director may b
pursuant to the provisions of Section 21.201.080(D). If a complete application for an ext
been timely filed, the Planning Commission or the City Council on appeal may grant the
after the expiration date provided that the final decision is made not later than forty-five
the expiration date."
"21.201.220 Permit Amendment.
Upon application by the permittee, a permit may be amended by the approving
Application for and action on an amendment shall be accomplished in the same manner a
by this Chapter for initial approval."
"21 -20 1.230 Coastal Development Permits Issued bv Coastal Commission.
The Coastal Commission shall have original jurisdiction for all coastal developmc
for development on tidelands, submerged lands and public trust lands, whether filled o
Such lands are specified as the area of "original jurisdiction" of the Coastal Commission 1
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Public Resources Code Section 30519(b), and are shown on the Post LCP Certification M;
on file in the planning department. The applicant for any project which requires
development permit issued by the Coastal Commission shall obtain all discretionary
required by this code prior to filing an application with the Coastal Commission for s
development permit."
If 2 1.20 1.240 Violations of the Public Resources Code
Any person who violated any provision of Division 20 of the Public Resources Cc
subject to the penalties contained in Public Resources Code Article 2, Section 30820 et. se
"2 1.20 1.250 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phra
ordinance or any part thereof is for any reason held to be unconstitutional such decisio
affect the validity of the remaining portions of this chapter or any part thereof. The CI
declares that it would have passed each section, subsection, subdivision, paragraph, sente
or phrase thereof, irrespective of the fact that any one or more sections, subsections, su
paragraphs, sentences, clauses or phrases be declared unconstitutional.''
Chapter 21.202
COASTAL AGRICULTURE OVERLAY ZONE
Sections:
2 1.202.01 0
21.202.020 Definitions
2 1.202.030
21.202.040 Permits Required
21.202.050
21.202.055
21.202.060
2 1.202.070
21.202.075
21.202.080
21.202.090 Review by Planning Commission
"2 1.202.01 0 Intent And Purpose.
The Coastal Agriculture Overlay (CA) Zone is established to implement Sections
30171(b), 30241, 30242 and 30250 of the California Coastal Act and the Local Coast
Land Use Plan certified on June 1981. This zone recognizes agriculture as a priority us(
Coastal Act and protects that use by establishing mechanisms to assure the continued a~
agricultural use of agricultural lands. The local coastal program recognizes that
agriculture may not be feasible and establishes agriculture as an interim use. Therefort
allows urban development of such lands if specific findings are made or mitigation m
undertaken. The Coastal Agriculture Zone is an overlay zone; no use shall be allov
property zoned coastal agriculture unless such use complies with the provisions of this (
with the provisions of any other chapters of this title which are applicable to the property.'
Intent and Purpose
Development of Coastal Agricultural Land
Permitted Uses on Agricultural Lands
Lot and Yard Standards - Agricultural Lands
Development of Coastal Agricultural Land
Findings Required Before Conversion to Urban Areas
Development on Coastal Agricultural Lands Not Consistent With
Land Use Designation
Proximity of Urban Development to Existing Developed Areas
"2 1.202.020 Definitions.
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For the purposes of this zone, terms used herein are defined as follows:
A. Coastal Agricultural Lands: Means those agricultural lands identified (
attached to the Land Use Plan certified on September 1980. The following are the land!
on Map X:
Amroximate Acres
Site I1 377
Site 111 275
Site IV 109
Lusk 93
Bankers 27
Hunt 200
Carltas 301.38
B. Class I-IV Agricultural Land: Means all land which qualifies for rating
through Class IV in the U.S. Department of Agriculture Soil Conservation Service
Compatibility Classification.
Class V-VI11 Agricultural Land: Means all land which qualified for rating
through Class VI11 in the U.S. Department of Agriculture Soil Conservation Service
Compatibility Classification.
D. Land Division: Means the creation of any new property line whether by :
or other means.
E. Net Impacted Agricultural Land: Means for purposes of calculatin;
mitigation acreage, the parcels and acreages designated on Map X (located in the Loc
Program Land Use Plan) and the 301.38 acre Carltas property suitable for agricultural usc
acreage in steep slopes (25% or greater) and areas containing sensitive coastal resources
preclude development in addition to any acreage under the control of a public entity fi
recreation or open space use.
Underlying Land Use Designation: Means those urban uses which are con:
the urban land use designation established by the Carlsbad General Plan and the Loc
Program Land Use Plan, which agricultural lands may be converted in conformanct
chapter.
Urban Uses: Means any use other than a use permitted by Section :
including any use necessary or convenient to urban use."
C.
F.
G.
"2 1.202.030 Urban DeveloDment Of Coastal Agricultural Land.
Coastal agricultural land may be converted from agricultural use and developed foi
in compliance with the procedures of this chapter."
"21.202.040 Permits Required.
No development, including but not limited to land divisions, as defined in Section
of this Code shall occur without a Coastal Development Permit having first been issued 1
Chapter 21.201 of this Code. A Master Plan or a planned development permit processec
to Section 21.202.060 shall be considered a coastal permit if also processed in compl
Chapter 21.201."
"2 1.202.050 Permitted Uses On Agricultural Lands.
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The provisions of this section shall apply to any coastal agricultural land which ht
approved for development pursuant to this chapter.
A. On any Class I through Class IV Agricultural Land the following use
permitted:
1. Cattle, sheep, goats and swine production, provided that the num
one or combination of said animals shall not exceed one animal per half acre of lot area.
for containing animals shall not be located within fifty feet of any habitable structure o
parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses.
2. Crop production.
4. Horses, private use.
5. Nursery crop production.
6.
3, Floriculture,
Poultry, rabbits, chinchillas, hamsters and other small animals, PI
more than twenty five of any one or combination thereof shall be kept within fifty f
habitable structure, or within three hundred feet of an adjoining parcel zoned for residentia
Roadside stands for display and sale of products produced on
premises, with a floor area not exceeding two hundred square feet, and located not r
twenty feet to any street or highway.
7.
8. Tree farms.
9. Truck farms.
10.
11.
Wildlife refuges and game preserves.
Other uses or enterprises similar to the above customarily carried
field of general agriculture including accessory uses such as silos, tank houses, shops, bar
coops, stables, corrals, and similar uses required for the conduct of the uses above.
12. One single family dwelling per existing legal building parcel.
On any Class V through VI11 Agricultural Land the following uses only are
1. All of the permitted uses listed above.
2. Hay and feed stores.
3. Nurseries, retail and wholesale.
4.
5.
B.
Packing sheds, processing plants and commercial outlets for f
Greenhouses, provided all requirements for yard setbacks and
provided that such activities are not located within 100 feet of any lot line.
specified in Chapter 21.07 of this Code are met."
"21.202.055 Lot And Yard Standards - Agricultural Lands.
The provisions of this section shall apply to any coastal agricultural land which ht
approved for development pursuant to this chapter.
A. The minimum required lot area of any newly created lot shall not be le:
acres unless the City Council finds that smaller parcel sizes will not adversely affect the i
use of the property.
Every newly created lot shall have a minimum width of the rear line of tl
front yard of not less than three hundred feet.
Every lot shall have a required fi-ont yard of forty feet. Except as othenvis
in Section 21.202.050 no building or structure shall be located on the required front yard.
Every lot and building site shall have a side yard on each side of the lot t
site not less than fifteen feet in width unless otherwise permitted by Section 2 1.202.050.
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F.
G.
H.
Every lot and building site shall have a rear yard of not less than twent
No building or structure shall exceed thirty five feet in height.
Buildings and structures shall not cover more than forty percent of a lot.
All residential structures shall conform to the provisions of Section 21.07.
unless otherwise permitted by Section 21 -202.050.
Code."
"2 1.202.060 Development Of Coastal Agricultural Land.
Coastal agricultural lands may be converted from agricultural to urban uses pursi
A. Zoning approvals:
following procedures:
1. For property over 100 acres in area a Master Plan shall be sub1
processed according to the provisions of Chapter 21.38 of this Code. The uses permitted 1
the Master Plan shall be those permitted by the provisions of the Carlsbad General Plan ar
Local Coastal Program in effect at the time the application is submitted.
For property less than 100 acres in area, a planned development PI
be submitted and processed pursuant to Chapter 21.45 or 21.47 of this Code, wh
applicable. The uses permitted pursuant to the planned development permit and the de
standards shall be as follows:
2.
Land Designation on Carlsbad General Plan Permitted Uses and
Development Standa
Residential Low Density R-1 40000
Residential Low Medium Density R-1 10000
Residential Medium Density RD-M
Residential Medium to High Density RD-M
Planned Industrial P-M
(Map Y of the Certified Local Coastal Program shows existing permitted 1;
categories)
Development permitted based upon mitigation of lands zoned coastal agricu
A Master Plan or planned development permit for urban development of la
B.
coastal agriculture shall, in addition to complying with all aspects of the City's General
include the following items:
An enforceable, non-revocable commitment by the property owner t
permanently one acre of prime agricultural land within the California Coastal Zone foi
impacted acre of non-prime coastal agricultural land in the Local Coastal Program prc
development.
Conservancy and approved by the City Council. This enforceable commitment shall requii
issuance of a building permit, the permanent transfer or dedication of interest in
agricultural land to a grantee that is a local or state agency, or a tax exempt organization
under Section 501(c)(3) of the U.S. Internal Revenue Code. Grantees also shall be
organizations and agencies whose principal purposes are consistent with the presei
agriculture.
The following documentation pertaining to the prime agricultural la
the Local Coastal Program that is being permanently preserved:
1.
The preserved land shall be located in an area selected by the Stat
2.
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a. Parties. Identification of the grantor and grantee (i.e. propc
and government agency or tax exempt organization having a letter determination fio
documenting qualification per Section 501(c)(3) of the Internal Revenue Code).
b. Legal Description. A legal description of the prime agricu.
being preserved.
c. Type and Purpose of Easement. A clear statement definir
and purpose of the easement or other form of property interest being used to pro
agriculture. Acceptable interests include, but shall not be limited to, conservation
transfers in trust, common law easements, open space easements, restrictive covenants
servitudes, fee ownership or any other permanent restriction approved by the City Council
Statement of Intent. A statement of intent by the grant(
submitted declaring an intent to protect agricultural land through the creation of easeme1
interests running with the property, and a declaration of intent by the grantee to honor SL
intent in perpetuity.
incorporated into the easement showing evidence of the agricultural lands that grantor a
intend to preserve.
f. Rights, Restrictions, Permitted Uses and Reservations. Gr
as the trustee or guardian. Restrictions shall prescribe all reasonable foreseeable activities
be potentially harmful to conservation values.
g. Executory Limitation. Provisions for forfeiture of the e;
interest by the grantee to another qualified organization should the grantee fail to mainta!
for agricultural use, shall be included.
h. Assignment. Grantee shall agree to hold easements or in
conservation purposes and guarantee that he will not transfer the easement except to an 01
qualified to hold such interests under the relevant California and Federal laws and the tei
section.
of the grantee. All restrictions shall bind all subsequent purchasers or title holders of tht
land and shall continue as a servitude running with the land in perpetuity.
Prior to building permit issuance, the property owner shall present 1
Manager proof of dedication by grantor and acceptance by grantee of an appropriate intere:
C. Urban development of lands shown to be not feasible for continued o
agricultural use. In lieu of the procedures established by subsection B. or subsection D.
21.202.060 property owners may complete an agricultural feasibility study prior to con
lands designated coastal agriculture. The purpose of the feasibility study shall be to
consistent with Section 30242 of the Coastal Act, if continued or renewed agriculture is 1
the subject property.
An applicant or group of applicants may complete an agricultural
analysis for one or any combination of the following study areas: a. all coastal agriculturt
the Local Coastal Program area; b. individual feasibility analyses for each of five subm
Local Coastal Program (refer to Map X; located in the Local Coastal Program Land Use P1
d.
e. Documentation. Maps, reports, aerial photographs
demonstrate the necessary authority to monitor and enforce compliance with terms of the
1. Habendum Clause. The interest in property shall inure to
3.
agricultural lands pursuant to subsection B2.
1.
Approximate Acres
L? '7 Site I1 377
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Site I11 275
Site IV 109
Lusk/Bankers Site 120
Carltas Site 301.38
c. an individual study for the Hunt property may be submitted as part of a Submitted Mas;
each of its subunits, or d. feasibility studies may be submitted for contiguous land holdi
acres or more in single ownership.
Feasibility studies submitted for the purpose of determining the T
continued or renewed agriculture on coastal agricultural parcel(s) shall provide the followi
a. Descriplion of the farm unit under study including discussic
capabilities, crop patterns, and minimum economic farm size.
b. Investment cost analysis including cost of land for i
purposes.
c. Farm unit cash flow analysis (production costs, income, etc.:
d. Tax considerations relative to feasibility.
2.
e. Implications of future trends in water cost and availabilitl
labor costs, and market competition.
Upon completion, the agricultural study shall be submitted to th
review and approval concurrent with the filing of a Master Plan or planned development pc
a. If the study finds that continued or renewed agriculture is fe
property owner has the choice of: (1) maintaining agricultural uses; or (2) procee
conversion and mitigation pursuant to the procedures set forth in subsection B of this sectic
If the feasibility study finds that continued or renewed agI
not feasible and City Council concurs, the City shall review the submitted Master Plan I
development permit on its merits and for consistency with the other provisions of this Co
Local Coastal Program. If City Council determines that the development is in conforman
provisions of the Code and the Local Coastal Program, it may be approved without mit
conversion of agricultural land. The approved feasibility study and Master Plan c
development permit approved by the City shall be prepared as a Local Coastal Program a
and submitted to the Coastal Commission for certification. The Master Plan, planned de
by the Coastal Commission.
Agricultural conversion mitigation fee. In lieu of the procedures estal
subsection B. or subsection C. of this section, property may be converted to urban
payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall be c
by the City Council at the time it considers a Coastal Development permit for urban devel
the property. The fee shall not be less than five thousand dollars nor more than ten thouss
per net converted acre of agricultural land and shall reflect the approximate cost of preser
agricultural land pursuant to subsection B. of this section. The fees shall be paid pi
issuance of building permits for the project. All mitigation fees collected under this sectic
deposited in the State Coastal Conservancy Fund and shall be expended by the Stal
Conservancy in the following order of priority:
Restoration of natural resources and wildlife habitat in Batiquitc
including but not limited to, continued funding of any maintenance, operation or enhance1
necessary to implement any lagoon enhancement program approved by the City Council.
3.
b.
permit or coastal permit shall not be final unless the Local Coastal Program amendment i!
D.
1.
2. Development of an interpretive center at Buena Vista Lagoon.
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3. Restoration of beaches managed for public use in the coastal zone
of Carlsbad.
4. Any other project or activity benefiting natural or agricultural resou
coastal zone in the City of Carlsbad that is provided for in the certified Local Coastal Progi
Site I Special Restrictions. Notwithstanding anything to the contrary in tk
Site I as shown on Map X shall not be converted to urban use except as specifically permi
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Local Coastal Program provisions for urban development of Site I.
"2 1.202.070 Findings Required Before Conversion To Urban Uses.
A. Where a property owner has agreed to preserve prime agricultural land el
the state coastal zone pursuant to Section 21.202.060 then the City Council prior to apl
Master Plan or planned development permit must find that:
with Section 30242 of the Public Resources Code, the certified Local Coastal Plan and thi:
2. The Master Plan or planned development permit is consistent
certified Local Coastal Program.
3. Conversion would concentrate urban development consistent wi
30250 in areas able to accommodate it, and within or adjacent to developed areas.
4. Conversion would be compatible with continued agriculture 01
agricultural lands.
5. Consistent with the certified Local Coastal Program and Section 3C
Coastal Act, conversion would contribute to limiting conversions of prime agricultura
create stable urbdrural boundaries within prime agricultural lands located elsewhere in
zone.
Where a property owner has elected to complete an agricultural feasibilit
and the property owner and City agree, based on that analysis, that continued or renewed
is not feasible on the subject lands, and a City Council approved feasibility analysis a
Pladplanned development permit must incorporate City findings declaring that:
Continued or renewed agriculture is not feasible on the subject par:
consistent with Section 30242 of the Coastal Act, conversion of the parcels designai
agriculture in the Land Use Plan shall not require the preservation of prime agricull
elsewhere in the coastal zone.
2. Development permitted is consistent with the certified Local Coastal
3. Permitted development is compatible with continued agriculture o
agricultural lands.
C. Where a property owner has agreed to pay an agricultural conversion miti
pursuant to Section 21.202.060 then the City Council prior to approval of a Master Plan I
development permit must find that:
1. The Master Plan or planned development permit is consistent
certified Local Coastal Program.
2. Conversion would be compatible with continued agriculture 01
3. The property owner has executed an agreement to pay the fe
1. The conversion would preserve prime agricultural land in a rnannei
B.
1.
agricultural lands,
agreement has been approved by the City Council."
"2 1.202.075 Development On Coastal Agricultural Lands Not Consistent With 1
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Land Use Designations.
Conversions of coastal agricultural lands to urban uses other than those underlyin
designations identified on Map Y may be permitted pursuant to the procedures and findin1
in Sections 21.202.060 and 21.202.070 subject to the preparation and submission of a Lo(
Program amendment for Coastal Commission certification. "
"2 1.202.080 Proximity Of Urban Development To Existing Development Areas.
Urban development of agricultural lands shall be located:
A. Contiguous with or in close proximity to existing developed areas;
B. In areas with adequate public facilities and services;
C. Where it will not have significant adverse effects, either individually or CUI
on coastal resources."
Chapter 21.203
COASTAL RESOURCE PROTECTION OVERLAY ZONE
Sections:
21.203.010 Intent and Purpose
2 1.203.020 Applicant
21.203.030 Permit Required
2 1.203.040 Development Standards
"2 1.203 .O 10 Intent And Purpose.
The intent and purpose of the Coastal Resource Protection Overlay Zone is to:
A. Supplement the underlying zoning by providing additional resource
regulations within designated areas to preserve, protect and enhance the habitat resource
Buena Vista Lagoon, Agua Hedionda Lagooh, Batiquitos Lagoon, and steep sloping hillsid1
Provide regulations in areas which provide the best wildlife habitat charactei
Deter soil erosion by maintaining the vegetative cover on steep slopes;
Implement the goals and objectives of Sections 30231,30233, 30240(b) anc
B.
C, Encourage proper lagoon management;
D.
E.
the Public Resources Code and the approved Carlsbad Local Coastal Program."
"21.203.020 Applicability.
This chapter implements the California Coastal Act and is applicable to all propertit
in the coastal zone as defined in Public Resources Code Section 30171. In case of an
between this zone and the underlying zone, provisions of this zone shall apply."
"21.203.030 Permit Required.
Developments, including but not limited to, land divisions, as defined in Chapter
require a coastal development permit. This permit is subject to the requirements of this zoi
procedural requirements for coastal development permits of Chapter 21.201 of this code."
"2 1.203.040 Development Standards.
The following specific development standards shall be applied to areas within th
Resource Protection Overlay Zone as part of the coastal development permit. Such stand
control, notwithstanding the provisions of the underlying zone and shall include:
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A. Preservation of Steep Slopes and Vegetation
Any development proposal that affects steep slopes (25% inclination or grf
be required to prepare a slope map and analysis for the affected slopes. Steep slopes art
on the PRC Toups maps. The slope mapping and analysis shall be prepared during
environmental review on a project-by-project basis and shall be required as a condition c
development permit.
For those slopes mapped as possessing endangered plandanim
and/or coastal sage scrub and chaparral plant communities, the following policy langu
Slopes of 25% grade and over shall be preserved in their na
unless the application of this policy would preclude any reasonable use of the property
case an encroachment not to exceed 10% of the steep slope area over 25% grade may be
For existing legal parcels, with all or nearly all of their area in slope area over 2
encroachment may be permitted; however, any such encroachment shall be limited so that
is more than 20% of the entire parcel (including areas under 25% slope) permitted to bc
fiom its natural state. This policy shall not apply to the construction of roads of
Circulation Element or the development of utility systems. Uses of slopes over 25% may
order to provide access to flatter areas if there is no less environmentally damaging
available.
b. No further subdivisions of land or utilization of Ph
Developments shall occw on lots that have their total area in excess of 25% slope unless
Unit Development is proposed which limits grading and development to not more than 1
total site area.
Slopes and areas remaining undisturbed as a result of tl
review process, shall be placed in a permanent open space easement as a condition of de
approval. The purpose of the open space easement shall be to reduce the potential fo
erosion and slide hazards to prohibit the removal of native vegetation except for creating
and/or planting fire retardant vegetation and to protect visual resources of importance to
community.
For all other steep slope areas, the City Council may allow exceptj
above grading provisions provided the following mandatory findings to allow exceptions a
a. A soils investigation conducted by a licensed soils eni
determined the subject slope area to be stable and grading and development impacts miti1
at least 75 years, or life of structure.
b. Grading of the slope is essential to the development intent ar
c. Slope disturbance will not result in substantial damage or a1
major wildlife habitat or native vegetation areas.
d. If the area proposed to be disturbed is predominated by st
and is in excess of 10 acres, no more than one third of the total steep slope area shall be
major grade changes.
If the area proposed to be disturbed is predominated by stc
and is less than 10 acres, complete grading may be allowed only if no interruption of
wildlife corridors occurs.
Because north-facing slopes are generally more prone tc
problems and in many cases contain more extensive natural vegetation, no grading or r
vegetation from these areas will be permitted unless all environmental impacts have been 1
1.
aPP1Y: a.
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Overriding circumstances are not considered adequate mitigation.
B. Drainage, Erosion, Sedimentation, Habitat
1. Buena Vista Lagoon: Developments located along the first ro
bordering Buena Vista Lagoon, including the parcel at the mouth of the Lagoon, shall be (
for residential development at a density of up to four dwelling units per acre. Proposed del
in this area shall be required to submit topographic and vegetation mapping and analysis,
soils reports, as part of the development permit application. Such information shall be p
addition to any required Environmental Impact Report, and shall be prepared by
professionals and in sufficient detail to locate the boundary of wetland and upland areas ar
slopes in excess of 25%. Topographic maps shall be submitted at a scale sufficient to detc
appropriate developable areas, generally not less than a scale of 1 " - 100' with a topograph
interval of five feet, and shall include an overlay delineating the location of the propose1
The lagoon and wetland area shall be delineated and criteria used to identify any wetlanc
on the site shall be those of Section 30121 of the Coastal Act and based upon the stand:
Local Coastal Program Mapping Regulations. Mapping of wetlands and siting of develop
be done in consultation and subject to the approval of the Department of Fish an
Development shall be clustered to preserve open space for habitat protection. Minimum s
at least 100 feet from wetlandsAagoon shall be required in all development, in order to b
sensitive habitat area from intrusion. Such buffer areas, as well as other open space areas 1
permitted development to preserve habitat areas, shall be permanently preserved for h:
through provision of an open space easement as a condition of project approval. In the e
wetland area is bordered by steep slopes (in excess of 25%) which will act as a natural bL
habitat area, a buffer area of less than 100 feet in width may be permitted. The dens
ermitted development shall be based upon the net developable area of the parcel, excl p portion of a parcel which is in wetlands or lagoon. As specified in (a), a density crec
provided for that portion of the parcel which is in steep slopes. Storm drain alignments a:
in the Carlsbad Master Drainage Plan which would be carried through or empty into Bi
Lagoon shall not be permitted, unless such improvements comply with the requirements c
30230, 30231, 30233, and 30235 of the Coastal Act by maintaining or enhancing the
capacity of the Lagoon in a manner acceptable to the State Department of Fish and Ga
divisions shall only be permitted on parcels bordering the Lagoon pursuant to a sing.
development permit for the entire original parcel.
2. Batiquitos Lagoon Watershed: Development located east of 1-5
referred to as the Savage property) shall be designated for a maximum density of develoi
units per gross acre, excluding wetlands and constrained slopes. Development shall
according to the requirements of the P-C Planned Community zone Chapter 21.38, supple
these additional requirements. Land divisions shall only be permitted pursuant to a Mast
the entire original parcel subject to the requirements herein:
a. Drainage, Erosion and Sedimentation requirements sh
specified in subsection B.4. of this section.
b. Detailed topographic maps shall be prepared by qualified prc
including biologists, hydrologists and engineers in sufficient detail to locate the boundq
or wetland and upland areas. The scale shall not be less than 1" = 100' with a contour intei
feet, and shall include an overlay delineating the location of the development. The 1
wetland areas shall be delineated according to the requirements of Section 30121 of the C
and the Local Coastal Program mapping regulations, subject to the review and approval c
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Department of Fish and Game.
c.
d.
Development shall be clustered to preserve open space and 1.
A minimum setback of 100 feet from the lagoodwetlan
required.
At least 2/3 of any development shall be clustered on the
property furthest away from the lagoon at the base of the bluff in order to preserve the (
visual and natural resources.
e.
f.
g. Public recreation facilities shall be provided as a cc
development including picnic tables, parking, and a public access trail along the lagoon :
trail shall be secured by an irrevocable offer to dedicate public access but shall be devl
landscaped as a condition of development and shall be at least 15 feet wide with unobstru
of the lagoon.
h. To facilitate provision of public use areas and prese
environmentally sensitive lands, and to maintain the outstanding visual resources i
surrounding the lagoon, an additional density credit of one dwelling unit per acre of dew
shall be provided for each two and one half percent (2 1/2%) of total lot area, excludinl
which is maintained in open space and public recreation in excess of fifty percent (50%)
lot area, excluding wetlands.
Areas - West of 1-5: For areas west of the existing Paseo del Noi
Interstate 5 and along El Camino Real immediately upstream of the existing storm
following policy shall apply: A site-specific report prepared by a qualified profession
required for all proposed development, identifying mitigation measures needed to avoic
runoff and soil erosion. The report shall be subject to the requirements of the model eros
ordinance contained in the Appendix to the Carlsbad Master Drainage Plan (June, 1980),
additional requirements contained herein. Such mitigation shall become an element oft
and shall be installed prior to the initial grading. At a minimum, such mitigation sh
construction of all improvements shown in the Master Drainage Plan for the area between
site and the lagoon (including the debris basin), as well as: restriction of grading activ
months of April through September of each year; revegetation of graded areas immed
grading; and a mechanism for permanent maintenance if the city declines to I
responsibility. Construction of drainage improvements may be through formation of an
district, or through any similar arrangement that allots costs among the various landov
equitable manner.
All Other Areas in the Coastal Zone: The following requirements
unless superseded by the more specific requirements herein and subject to the mo(
additions, or exceptions detailed below, as a part of the permit application, the applicant SI
an erosion, sedimentation and drainage report prepared by a qualified professional whicl
the requirements of the Model Erosion Control Ordinance reprinted in the Appendix t
1980 Carlsbad Master Drainage Plan, all requirements of the Master Drainage Pla
additional requirements specifically enumerated herein. The June 1980 Master Drainage E
appendices are herein incorporated by this reference. No subsequent amendments are a 1
zone unless certified by the Coastal Commission. The general provisions, procedures,
addition to the provisions below. Approved development shall include the following COI
addition to the requirements specified above:
Existing mature trees shall be preserved.
3.
4.
content of plans and implementation contained therein are required conditions of deve
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a. All offsite, downstream improvements (including debris bas
other improvements recommended in the Drainage Plan) shall be constructed prior to the i
a grading permit onsite. Improvements shall be inspected by city or county staff and (
adequate and in compliance with the requirements of the Drainage Plan and the
requirements of this zone. If the city or county declines to accept maintenance responsibi
improvements, the developer shall maintain the improvements during construction of
improvements.
If the offsite or onsite improvements are not to be acc
maintained by a public agency, detailed maintenance agreements including provisions fo
the maintenance through bonding or other acceptable means shall be secured prior to issu;
permit. Maintenance shall be addressed in the report required to be submitted with
b.
application. The report shall discuss maintenance costs and such costs shall be certifiec
effort at obtaining accurate figures.
Construction of offsite drainage improvements may use an i
district or any other acceptable manner. Such mechanisms shall be secured by bondir
acceptable means prior to issuance of a coastal development permit.
If a public agency agrees to accept maintenance respons
shall inspect the facilities prior to onsite construction or grading and indicate if such facil
continued maintenance. No onsite development may take place prior to acceptance of tl
improvements.
All construction activities shall be planned so that grading
in units that can be easily completed within the summer construction season. All grading
shall be limited from April 1 to October 1 of each year. All areas disturbed by gradin
planted within 60 days of the initial disturbance and prior to October 1 with temporary or
(in the case of finished slopes) erosion control methods.
Storm drainage facilities in developed areas shall be imp
enlarged according to the Carlsbad Master Drainage Plan, incorporating the change5
herein. Improvement districts shall be formed for presently undeveloped areas which are e
urbanize in the future. The improvement districts shall implement the Master Drain
Upstream areas in the coastal zone shall not be permitted to develop incremental1
installation of the storm drain facilities downstream, in order to assure protection
resources. New drainage facilities, required within the improvement districts shall be finsu
by some form of bond or from fees collected from developers on a cost-per-acre basis.
When earth changes are required and natural vegetation i:
the area and duration of exposure shall be kept at a minimum.
Soil erosion control practices shall be used against "01
erosion. These include keeping soil covered with temporary or permanent vegetation or F
materials, special grading procedures, diversion structures to divert surface runoff fror
soils, and grade stabilization structures to control surface water.
Apply "sediment control" practices as a perimeter protection
offsite drainage. Preventing sediment from leaving the site should be accomplished by SUC
as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erc
course, the most efficient way to control sediment runoff.
Landslides and Slope Instability: Developments within 500 feet of areas
generally in the PRC Toups Report, figure 8, as containing soils of the La Jolla group (sus
accelerated erosion) or landslide prone areas shall be required to submit additional geolo
c.
d.
e.
f.
g.
h.
1.
C.
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containing the additional information required in the Coastal Shoreline Development Over1
Seismic Hazards: Development in liquefaction-prone areas shall include si
investigations done addressing the liquefaction problem and suggesting mitigation measL
residential development in excess of four units, commercial, industrial, and public faci'
have site-specific geologic investigations completed in known potential liquefaction areas.
Floodplain Development: Within the coastal zone, in the 1 00-year floodpla
or expanded permanent structures or fill shall be permitted. Only uses compatible wit
flooding shall be allowed."
D.
E.
Chapter 21.204
COASTAL SHORELINE DEVELOPMENT OVERLAY ZONE
Sections:
21.204.010 Intent and Purpose
2 1.204.020 Application
21.204.030 Permitted Beach Uses
21.204.040 Conditional Beach Uses
21.204.050
2 1.204.070
2 1.204.080
21.204.090 Site Plans Required
21.204.100 Site Plan Review Criteria
21.204.1 10 Geotechnical Reports
2 1.204.120 Waiver of Public Liability
"2 1.204.0 10 Intent and,Puruose.
The Coastal Shoreline Development Overlay Zone is intended to provide land use I
along the coastline area including the beaches, bluffs, and the land area immediately
thereof. The purpose of the Coastal Shoreline Development Zone is to provide for co
development and land use along the coastline so that the public's interest in maintaining the
as a unique recreational and scenic resource, promoting public safety and access, and in av
Uses not on the Beach, Subject to Coastal Shoreline Development PC
Special Access Requirements for Developments or new Developme
Containing Evidence of Historic Public Use
Mechanisms for Guaranteeing Public Access
21.204.060 Requirements for Public Access
adverse geologic and economic effect of bluff erosion, is adequately protected."
"2 1.204.020 Application.
The Coastal Shoreline Development Overlay Zone shall be applied to areas within
I1 Segment of the Carlsbad Local Coastal Program located between the sea and the first p
parallel to the sea."
"21.204.030 Permitted Beach Uses.
Permitted uses and developments are limited to the following uses and require
A. Steps and stairways for access from the top of the bluff to the beach.
Development permit according to the requirements of this zone:
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B. Toilet and bath houses.
C.
Mello I1 Segment Land Use Plan; (see Policy 2-3).
D.
E.
F.
G.
H. Trash containers.
I. Beach shelters."
"21.204.040 Conditional Beach Uses.
A.
B.
Parking lots, only if identified as an appropriate use in the Local Coastal Prc
Temporary refreshment stands, having no seating facilities within the struct~
Concession stands for the rental of surfboards, air mattresses and ot
Life guard towers and stations and other lifesaving and security facilities.
Fire rings and similar picnic facilities.
equipment for use in the water or on the beach.
Uses substantially similar to the permitted uses listed above may be permit
beach subject to this chapter and Chapters 21.42 and 21 SO.
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining
other such construction that alters natural shoreline processes shall be permitted when r
serve coastal dependent uses or to protect existing structures or public beaches in da
erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sar
As a condition of approval, permitted shoreline structures may be required to replenish
with imported sand.
Provisions for the maintenance of any permitted seawalls shall be incl
condition of project approval. As a further condition of approval, permitted shoreline struc
be required to provide public access. Projects which create dredge spoils shall be required
such spoils on the beaches if the material is suitable for sand replenishment. Seawall,
constructed essentially parallel to the base of the bluff and shall not obstruct or interferc
passage of people along the beach at any time."
"21.204.050 Uses Not On The Beach Subject To Coastal Shoreline Development Pr
Uses permitted by the underlying zone map may be permitted on non-beach areas
granting of a Coastal Development Permit for coastal shoreline development issued purst
procedures of Chapter 21.201 of this title, unless specifically prohibited by policies
as areas at elevations of 10 feet or more above mean sea level (North American Datu
Permitted uses are subject to the following criteria:
Grading and Excavation - Grading and excavation shall be the minimum ne
complete the proposed development consistent with the provisions of this zone and the
requirements:
Building sites shall be graded to direct'swface water away from the
bluff, or, alternatively, drainage shall be handled in a manner satisfactory to the City P
prevent damage to the bluff by surface and percolating water.
No excavation, grading or deposit of natural materials shall be per
the beach or the face of the bluff except to the extent necessary to accomplish constructior
to this section.
New development fronting the ocean shall observe at a minimum, an ocea
based on a "stringline" method of measurement. No enclosed portions of a structure
permitted fuaher seaward allowed by a line drawn between the adjacent structure to the
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applicable ordinances in the approved Carlsbad Local Coastal Program. Non-beach areas a
A.
1.
2.
B.
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south; no decks or other appurtenances shall be permitted further seaward than those all
line drawn between those on the adjacent structures to the north and south. A greater oce
may be required for geologic reasons and if specified in the Local Coastal Program."
"21.204.060 Requirements For Public Access.
One or more of the following types of public access shall be required as a c(
A. Lateral Public Access:
development:
1. Minimum Requirements. Developments shall be conditioned to k
public with the right of access to a minimum of 25 feet of dry sandy beach at all times o
The minimum requirement applies to all new developments proposed along the shorelini
any type of local permit including a building permit, minor land division or any 0th
discretionary or nondiscretionary action.
2. Additional Requirements. New developments as specified belo.
conditioned to provide the public with lateral public access in addition to minimum requirt
a. Applicability
(1).
(2).
Seawalls and other shoreline protective devices.
Developments on parcels where there is evidence
public use. In such areas the amount and location of additional access shall be equal to 1
and extent of public use.
(3). Development which either by itself or in conjun
anticipated future projects adversely affect existing public access by overcrowding of mi
access roads or existing beach areas.
(4). Development which commits ocean front lands to nl
uses such as residential uses, non-visitor, or non-coastally oriented commercial and indush
(5). Access as identified in the Local Coastal I
Developments adjacent to Buena Vista Lagoon (See Policy 7-6 of the Local Coastal Prog
I1 Segment Land Use Plan) and the parcel located at extreme north end of Ocean Street (
7-8 of the Local Coastal Program Mello I1 Segment Land Use Plan)
Required Standards. In determining the amount and type of
lateral public access to be required (= area for additional parking facilities, cons1
improvements to be made available to the public, increased dry sandy beach area, or typl
the dry sandy beach) the city shall make findings of fact considering all of the following:
The extent to which the development itself creates pl
visual impediments to public access which has not been mitigated through revisions in des
changes.
The extent to which the development discourages
from visiting the shoreline because of the physical and visual proximity of the developn
shoreline.
The extent to which the development burdens exj
capacity and onstreet parking areas thereby making it more difficult to gain access to and
coast by further congesting access roads and other existing public facilities such as beac
and road or sewer capacities.
The extent to which the development increases the i
use of existing beach and upland areas, thereby congesting current support facilities.
b.
(1).
(2).
(3).
(4).
(5). The potential for physically impacting beach
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recreational areas inherent in the project affecting shoreline wave and sand movement proc
1. Minimum Requirements. Development adjacent to a shorefront bl
where no beach exists or where beach is inaccessible because stairways have not or
provided, shall be conditioned to provide the public with the right of access of at least 25
the current bluff edge for coastal scenic access to the shoreline. The minimum requirement
all new developments proposed on bluff tops along the shoreline requiring any type of la
including a building permit, a minor subdivision or any other type of discretionq
discretionary action.
Additional Requirements. New developments along the bluff top i
public with public access such as view points in addition to the requirements specified ab0
Description of Accessway. The bluff top access shall be described
beginning at the current bluff edge extending at least 25 feet inland. Due to the potential
of the bluff edge, the area shall be adjusted inland to the current bluff edge as the edgc
However, the easement shall not extend any closer than 10 feet from an occupied
structure or the distance specified in the certified Local Coastal Program. The area shall
described with the furthest inland extent of the area possible referenced as a distance frc
monument in the following manner: "Such easement shall be located along the bluff toy
inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, tl
of this right-of-way would change over time with the then current bluff edge, but in no c
extend any closer than feet from (a fixed inland point, such as a road or other easement mo
Requirements. Development between the first public road and the :
B. Bluff Top Access:
2.
result in additional burdens to public access to the shoreline shall be conditioned to p
3.
C. Vertical Access:
1.
required to provide both lateral and vertical access.
review all of the following factors in determining whether vertical access is requi
determination shall be supported by findings of fact which consider all of the following:
a. Existing and anticipated public need to gain access to thc
including the location and use of currently existing official accessways in the vicinity.
b. Physical constraints of the site, including availability of sa
safety and current use, and habitat values proximity to agricultural areas, military security.
c. Ability to provide for public use by mitigating time and
such use.
d. Location and necessity of support facilities. If suitable pa
do not exist, vertical accessways will be required at frequent intervals, so that parking wil
in the area at an even rate.
e. Privacy needs of property owner and site design changes
available to protect privacy.
f. Nature of the development proposed in relation to its impac
Types of Use of Vertical Access Area. The vertical access rec
condition of development shall be limited to the public right-of-pass and repass unless a~
of use is specified as a condition of the development. In determining if another typc
appropriate, the local government shall consider the specific factors enumerated in this Sec
Siting and Description of the Accessway. If possible, vertical i
2. Standards for Determining if Vertical Access is to be Required. Th
access.
3.
4.
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shall be sited along the border of the development and shall extend from the road to the bl
shoreline. If a different siting of the accessway is more appropriate considering the top
the site and the design of the proposed project, the vertical accessway may be resited in thc
the parcel. If sited in the middle of a parcel, the property shall be surveyed at the 1
expense and a legal description shall be prepared. If a residential structure is prc
accessway should not be sited closer than 5 feet to the structure or the distance speci
certified Local Coastal Program. The vertical accessway shall be a minimum of 10 feet
allow for public pedestrian use of the corridor. Any accessway shall be legally descrit
issuance of the coastal development permit.
5.
Coastal Program.
Vertical Accessways identified in the Mello I1 Segment of Carlsl
a. Vacant parcel adjacent to Arrny/Navy Academy at Del Mar
b. South Carlsbad State Beach at intersection of Carlsbad Bo1
c. Vacant parcel at Ocean Street."
Palomar Airport Road.
"2 1.204.070 Special Access Requirements For Developments Or New Develoj
Sites Containing; Evidence Of Historic Public Use.
If the certified Local Coastal Program or the permit process produces evidence
public use on a development site located in the coastal zone, development shall be requii
all of the following requirements:
Siting and Design of Development:
1.
A.
Development shall be sited and designed in a manner which does n
or diminish the potential public rights based on historic public use. Mechanisms for gi
the continued public use of the site shall be required in accordance with Section 2 1.204.08
Development may be sited in the area of potential historic public u:
that an area of equivalent public access has been provided in the immediate vicir
development site which will accommodate the same type and intensity of use as previ
have existed on the development site. An equivalent access area shall provide access of (
site, and type of use. Mechanisms for guaranteeing the continued public use of the ar
required in accordance with Section 21.204.080.
An access condition shall not serve to extinguish, adjudicate or waiv
prescriptive rights. In permits with possible prescriptive rights, the following languag
added to the access condition:
"Nothing in this condition shall be construed to constitute a waiver of an
determination on any issue of prescriptive rights which may exist on the parcel itseu
designated easement. " In addition, findings shall be made which specifically a
prescriptive rights issue.
The Certified Local Coastal Program indicates evidence of historic use
located seaward of Carlsbad Boulevard adjacent to Buena Vista Lagoon. Other areas n
subject to such use."
2.
B.
C.
"2 1.204.080 Mechanism For Guaranteeing Public Access.
A. Legal Instruments Required.
Prior to the issuance of a permit for development in the coastal zone betwe
public road and the sea, each applicant shall record one of the following legal documents 2
in the condition of approval. 139
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1. Irrevocable Offer to Dedicate. Prior to issuance of a development 1
landowner shall submit a preliminary title report and shall record an irrevocable offer to c
easement or fee interest free of prior liens and encumbrances except tax liens in the public
as described in the permit condition. This offer can be accepted by an appropriate agency 1
or may not be the local government within 21 years.
Outright Grant of Fee Interest or Easement. If the parcel is imporl
of itself for access needs, the size and scope of the proposed development is such that i
Subdivision Map approvals), a grant of an easement or fee is required prior to issuance of 1
3. Deed Restrictions. Deed restrictions do not grant any intere
proposed for public access and the landowner retains all responsibility for the mainten2
accessway. Deed restrictions are appropriate in limited situations, e.~-., in a large
development where the accessways will mostly be used by residents and a homeowners ,
is available to maintain the accessway or in commercial facilities. Deed restrictioi
appropriate for small parcels or for accessways that will require public maintenance.
Title Information: As a condition to the issuance of the permit, the applics
required to furnish an ALTA title report and all necessary subordination agreements. Titlc
may also be required where extensive easements are being granted. The amount of insu
elsewhere in the vicinity.
Procedure copies of the recorded document, title report, and permit shall be
to the California Coastal Commission within 10 days after submission of the recorded do
preparation of the coastal access inventory as required by Section 30530 of the Coastal
accepting agency or Commission staff may make minor revisions to the document
corrections in the legal descriptions, minor revisions to the location and use of the acc
order to open the area up for public use) to assure that the public right-of-access along
beaches, bluff top parcels, or the vertical accessways is protected and capable
implemented."
2.
interest is appropriate, or there is an accepting agency available to accept the easer
B.
be estimated on the basis of what it would cost to acquire an equivalent access or recre
C.
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"2 1.204.090 Site Plans Required.
Applications for site plan review shall be accompanied by such data and informat
be required by the Planning Director including maps, plans, drawings, sketches and d
material as is necessary to show:
A. Boundaries and Topography - Boundaries and existing topography of th
location of bluff line and beach, and adjoining or nearby streets;
B. Existing Structures - Location and height of all existing buildings and
existing trees and the proposed disposition or use thereof;
C. Proposed Structures - Location, height, and proposed use of all proposed
including walls, fences and freestanding signs, and location and extent of individual build]
D. Circulation - Location and dimensions of ingress and egress and egr
interior roads and driveways, parking areas, and pedestrian walkways;
E. Drainage - Location and treatment of important drainageways, including u
drainage systems;
F. Finished Topography - Proposed grading and removal of placement
materials, including finished topography of the site; and P2d
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G. Landscaping - Proposed landscaping plan including location of gar
swimming pools and other landscape or activity features."
"2 1.204.100 Site Plan Review Criteria.
The site plans required by Section 21.204.090 shall be reviewed and evalual
Planning Director for conformance with the following criteria:
A. Coastd Development Regulations - All elements of the proposed develc
consistent with the intent and purpose of the Coastal Shoreline Development Overlay Zonc
B. Appearance - Buildings and structures will be so located on the site as
generally attractive appearance and be agreeably related to surrounding development and
environment.
Ocean Views - Buildings, structures, and landscaping will be so located as
to the degree feasible any ocean views as may be visible from the nearest public street.
Retention of Natural Features - Insofar as is feasible, natural topography
features of the site will be retained and incorporated into the proposed development,
Grading and Earth-moving - Any grading or earth-moving operations in
with the proposed development are planned and will be executed so as to blend with t
terrain both on and adjacent to the site.
Public Access - The policies of the Local Coastal Program pertaining to pu
have been carried out."
C.
D.
E.
"2 1.204.1 10 Geotechnical Reports.
A. Geotechnical reports shall be submitted to the Planning Director as
application for plan approval. Geotechnical reports shall be prepared and signed by a p
civil engineer with expertise in soils and foundation engineering, and a certified E
geologist or a registered geologist with a background in engineering applications.
document shall consist of a single report, or separate but coordinated reports. The docw
be based on an onsite inspection in addition to a review of the general character of the
shall contain a certification that the development as proposed will have no adverse ef
stability of the bluff and will not endanger life or property, and professional opinions
following:
The area covered in the report is sufficient to demonstrate the g(
hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions at
The extent of potential damage that might be incurred by the dt
during all foreseeable normal and unusual conditions, including ground saturation a~
caused by the maximum credible earthquake;
1.
2.
3. The effect the project could have on the stability of the bluff.
B. As a minimum the geotechnical report(s) shall consider, describe and i
following:
1. Cliff geometry and site topography, extending the surveying work
site as needed to depict unusual geomorphic conditions that might affect the site.
2. Historic, current and foreseeable cliff erosion including inves
recorded land surveys and tax assessment records in addition to the use of historic
photographs where available and possible changes in shore configuration and sand transpc
characteristics and structural features, such as bedding, joints and faults.
3. Geologic conditions, including soil, sediment and rock
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4. Evidence of past or potential landslide conditions, the implicatior
conditions for the proposed development, and the potential effects of the development or
activity.
Impact of construction activity on the stability of the site and adjacei
Ground and surface water conditions and variations, including 1
changes caused by the development @e., introduction of sewage effluent and irrigation w
Potential erodibility of site and mitigating measures to be used
minimized erosion problems during and after construction (Le., landscaping and drainage c
Effects of marine erosion on seacliffs,
5.
6.
ground water system, alterations in surface drainage),
7.
8,
9. Potential effects of earthquakes including: a. ground shaking
maximum credible earthquake, b. ground failure due to liquefaction, lurching, settlement a
and c. surface rupture.
10.
11.
Any other factors that might affect slope stability.
The potential for flooding due to sea surface super elevation (wind
surge, low barometric pressure and astronomical tide), wave run-up, tsunami and river fl
potential should be related to one hundred and dive hundred year recurrence intervals.
A description of any hazards to the development caused by possiblc
dams, reservoirs, mudflows or slides occurring off the property and caused by forces o
beyond the control of the applicant.
The extent of potential damage that might be incurred by the de
during all foreseeable normal and unusual conditions, including ground saturation ar
caused by the maximum credible earthquake.
12.
13.
14. The effect the project could have on the stability of the bluff.
The report shall also express a professional opinion as to whether the pro-
designed or located so that it will neither be subject to nor contribute to significan
instability throughout the lifespan of the project. The report shall use a currently
engineering stability analysis method, shall describe the degree of uncertainty of analyt
due to assumptions and unknowns, and at a minimum, shall cover an area from the toe (
inland to a line described on the bluff top by the intersection of a plane inclined at a 20 dc
from horizontal passing through the toe of the bluff or 50 feet inland from the bluff edge,
is greater. The degree of analysis required shall be appropriate to the degree of PO
presented by the site and the proposed project. If the report does not conclude that the prc
designed and the site be found to be geologically stable, no coastal shoreline developn
shall be issued."
15. Mitigating measures and alternative solutions for any potential impa
"2 1.204.120 Waiver Of Public Liability.
As part of the Coastal Development Permit for a coastal shoreline develo]
That prior to the transmittal of the Coastal Development Permit, the applicant shal
the Planning Director a deed restriction for recording, free of prior liens except for tax
binds the applicant and any successors in interest. The form and content of the deed restr
be subject to the review and approval of the Planning Director. The deed restriction shal
that the applicants understand that the site may be subject to extraordinary hazard from wi
storms, from erosion, and from landslides, and the applicants assume the liability
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following requirement shall be completed:
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hazards; b. the applicants unconditionally waive any claim of liability on the part of the
Coastal Commission or the City of Carlsbad for any damage from such hazards; and c. the
understand that construction in the face of these probable hazards may make them ine
public disaster funds or loans for repair, replacement, or rehabilitation of the property in tl
storms and landslides."
Chapter 2 1.205
COASTAL RESOURCE OVERLAY ZONE MELLO I LCP SEGMENT
Sections:
2 1.205.01 0 Intent and Purpose
21.205.020 Authority - Conflict
21.205.030 Permits - Required
21.205.040 Maximum Density of Development
21.205.050 Mitigation
2 1.205.060 Erosion, Sedimentation, Drainage
21.205.070 Buffer
"21.205.010 Intent And Purpose.
This zone supplements the underlying zone with additional resource protectic
required to implement the Land Use Plan pursuant to the California Coastal Act codified
30000 et seq. of the Public Resources Code (all citations refer to that code). Property locl
zone is located in the watershed of Batiquitos Lagoon identified by the California Dep
Fish and Game as a unique, wetland habitat. Sections 30231, 30240(b) and 30253 requ
developments adjacent to such areas be sited and designed to be compatible with the uniq
In addition, Section 30242 of the Coastal Act require measures to be taken to protect
agricultural uses in the coastal zone. Property located in this zone is also located i
agricultural areas. The City finds that the additional requirements of this zone are necessa
to implement the additional requirements of the Coastal Act enumerated above, Only
requirements on private developments in the watershed can the City assure permanent pr
natural resources located in its portion of the coastal zone."
"21.205.020 Authority - Conflict.
This chapter is adopted to implement the California Coastal Act. In the case of a
between this zone and the underlying zone, the provisions of this zone shall apply. Furthe
any conflict between this zone and any other provision of the City Code, the provisions c
shall apply."
"21.205.030 Permits - Reauired.
Developments, including but not limited to, land divisions, as defined in Chaptei
require a coastal development permit. Such permits are subject to the requirements of th
the procedural requirements for coastal development permits of Chapter 65 21.201 ."
"21.205.040 Maximum Density Of Development.
The maximum density of development shall be 7 units per gross acre. The unde
shall be either Planned Community P-C Chapter 21.38 or RD-M, Residential Density-Mu
Chapter 21.24, in effect on September 30, 1980. The parking requirements of Uses
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Chapter 21.44, shall also apply. No subsequent amendments of the underlying zones aq
coastal zone unless certified by the Coastal Commission."
"21.205.050 Mitigation.
All recommended mitigation suggested by the certified final EIR shall be incorp
part of the project and shall be required as a condition of approval of the coastal de
permit ."
"2 1.205.060 Erosion Sedimentation, Drainage.
Subject to the modifications, additions, or exceptions detailed below, as a part oE
application, the applicant shall submit an erosion, sedimentation and drainage report pre
qualified professional which includes the requirements of the Model Erosion Control
reprinted in the Appendix to the June 1980 Carlsbad Master Drainage Plan, all requirern
Master Drainage Plan, and the additional requirements specifically enumerated herein.
1980 Master Drainage Plan and its appendices are herein incorporated by this refer
subsequent amendments are a part of this zone unless certified by the Coastal Commi s
general provisions, procedures, standards, content of plans and implementation contained
shall include the following conditions, in addition to the requirements specified above:
improvements recommended in the Drainage Plan) shall be constructed prior to the iss
grading permit onsite. Improvements shall be inspected by City staff and certified as adeq
compliance with the requirements of the Drainage Plan and the additional requirements 01
If the City declines to accept maintenance responsibility for the improvements, the deve
maintain the improvements during construction of the onsite improvements.
If the offsite or onsite improvements are not to be accepted and maint,
public agency, detailed maintenance agreements including provisions for financing the In
through bonding or other acceptable means shall be secured prior to issuance of th
Maintenance shall be addressed in the report required to be submitted with the permit a]
The report shall discuss maintenance costs and such costs shall be certified as a be:
obtaining accurate figures.
Construction of offsite drainage improvements may use an assessment dist
required conditions of development in addition to the provisions below. Approved de
A. All offsite, downstream improvements (including debris basin and
B.
C. other acceptable manner. Such mechanisms shall be secured by bonding or other accept:
prior to issuance of a coastal development permit.
If a public agency agrees to accept maintenance responsibilities, it shall 1
facilities prior to onsite construction or grading and indicate if such facilities assure
maintenance. No onsite development may take place prior to acceptance of thr
improvements.
All construction activities shall be planned so that grading will occur in un
be easily completed within the summer construction season. All grading operations shall
from April 1 through October 1 of each year. All areas disturbed by grading shall be ph
60 days of the initial disturbance and prior to October 1 with temporary or permanent (in
finished slopes) erosion control methods. The use of temporary erosion control measur
berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall
in conjunction with plantings to minimize soil loss from the construction site. Said plmti
accomplished under the supervision of a licensed landscape architect, and shall consist 1
D.
E.
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mulching, fertilization and irrigation adequate to provide 90% coverage within 90 days
shall be repeated if the required level of coverage is not established. This requirement sh
all disturbed soils including stockpiles. this requirement shall be a condition of the permit
"21.205.070 Buffer.
A sturdy fence capable of attenuating noise and dust impacts, generaliy to be a con
wall a minimum of 6 feet in height, shall be provided between residential develo
agricultural areas to the north and east. As a partial alternative, utilization of natural t
separations such as trees, chaparral, and existing slopes is encouraged, to the exten
separations can be incorporated into site planning and would accomplish adequate attc
noise and dust. Permanent maintenance through a homeowners association or other
means shall be provided as a condition of development."
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PLANNING COMMISSION RESOLUTION NO. 3924
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
VARIOUS SECTIONS OF TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE TO ADD ORDINANCES
IMPLEMENTING THE LOCAL COASTAL PROGRAM
CASE NAME: CITY OF CARLSBAD LOCAL COASTAL
PROGRAM EFFECTIVE CERTIFICA-
TION
CASE NO.: ZCA 95-03
WHEREAS, the Planning Commission did on the 1st day of May, 19
the 5th day of June, 1996 hold a duly noticed public hearing as prescribed by law to
request for approval of a Zone Code Amendment, amending various sections of Title 2
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission considered
relating the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the C
RECOMMENDS APPROVAL of Zone Code Amendment, Z(
according to Exhibit "X", dated May 1, 1996, attached hereto and n
hereof, based on the following findings:
Findinprs :
1. The ordinances are required to implement the City's Local Coastal P
accordance with Public Resources Code Section 30513.
The ordinances are in conformance with Division 20 of the Public Resour 2.
....
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PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 5th day of June, 19
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following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Niels
Savary, Welshons
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
d!& &Yiy@.&
CAmSBm PLmmmG &MISSION
WILLIAM COMPAS, Chai erson
ATTEST:
&/~w
-2- / 4i PC RES0 NO. 3924
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PLANNING COMMISSION RESOLUTION NO, 3926
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT OF THE AVIARA
MASTER PLAN FOR PROPERTY GENERALLY LOCATED
IMMEDIATELY NORTH OF LA COSTA AVENUE, BETWEEN
RESULTING FROM SUGGESTED MODIFICATIONS MADE
BY THE COASTAL COMMISSION
CASE NAME: CITY OF CARLSBAD LOCAL COASTAL
TION
1-5 AND EL CAMINO REAL TO INCORPORATE CHANGES
PROGRAM EFFECTIVE CERTIFICA-
CASE NO.: MP 177(0)
WHEREAS, the City of Carlsbad has received "Suggested Modific
the Aviara Master Plan from the California Coastal Commission; and
WHEREAS, it is necessary to include these "Suggested Modificatio
Aviara Master Plan prior to requesting effective certification from the Californ
Commission; and
WHEREAS, pursuant to the provisions of the Municipal Code, thc
Commission did, on the 1st day of May, 1996, and on the 5th day of June, 1996, co
request for a Master Plan on property described as:
portions of section 22,26,27,28,33,34 and 35 in Township 12
South, Range 4, West San Bernardino Meridian in the City of
Carlsbad, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission considerec
relating to MP 177(Q).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
/4% A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Ca
as shown on Exhibit ";yxX1l, dated May 1, 1996, based on the
findings:
RECOMMENDS APPROVAL of an amendment of Master Plan, M
Findings:
1. The proposed Master Plan Amendment is consistent with the General Plai
P-C Zone and with the LCP for this area.
That the proposed Master Plan Amendment is necessary to bring the Avia 2.
Plan into conformance with the City's Local Coastal Program.
3. That the proposed Master Plan Amendment is consistent with the pro
Section 21.38.040 of the Carlsbad Municipal Code.
PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 5th day of June, 19'
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsl
Savary, Welshons
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
d!!L &A?
WILLIAM COMPAS, Chaiderson
CARLSBAD PLANNING COMMISSION
ATTEST: &/<+
MICHAEL J. OLZMILL
Planning Director
PC RES0 NO. 3926 -2- lW
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PLANNING COMMISSION RESOLUTION NO. 3927
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF AN AMENDMENT OF
THE POINSETTIA SHORES MASTER PLAN FOR
PROPERTY GENERALLY LOCATED IN THE AREA
BOUNDED ON THE NORTH BY LAKESHORE GARDENS
SOUTH BY EIATIQUITOS LAGOON AND ON THE WEST
BY CARLSBAD BOULEVARD TO INCORPORATE
CHANGES RESULTING FROM SUGGESTED
MODIFICATIONS MADE BY THE COASTAL
COMMISSION
CASE NAME: CITY OF CARLSBAD LOCAL
COASTAL PROGRAM EFFECTIVE
CERTIFICATION
MOBILE HOME PARK, ON THE EAST BY 1-5, ON THE
CASE NO.: MP 175(G)
WHEREAS, the City of Carlsbad has received "Suggested Modific
the Poinsettia Shores Master Plan from the California Coastal Commission; anc
WHEREAS, it is necessary to include these "Suggested Modificatioi
Poinsettia Shores Master Plan prior to requesting effective certification from the (
Coastal Commission; and
WHEREAS, pursuant to the provisions of the Municipal Code, the
Commission did, on the 1st day of May, 1996, and on the 5th day of June, 1996,
said request for a Master Plan Amendment for the Poinsettia Shores Master Plar
WHEREAS, at said public hearing, upon hearing and considering all tl
and arguments, if any, of all persons desiring to be heard, said Commission consi
factors relating to MP 175(G).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Cc
RECOMMENDS APPROVAL of an amendment of Master Plan, M
as shown on Exhibit "XX", dated May 1,1996, based on the followinj
Findings:
1. The proposed Master Plan Amendment is consistent with the General Plar
P-C Zone and with the LCP for this area.
That the proposed Master Plan Amendment is necessary to bring the
Shores Master Plan into conformance with the City's Local Coastal Progra
That the proposed Master Plan Amendment is consistent with the pro
Section 21.38.040 of the Carlsbad Municipal Code.
2.
3.
PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 5th day of June, 19s
following vote, to wit:
AYES: Chairperson Cornpas, Commissioners Heineman, Nielsc
Savary, Welshons
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
WILLIAM COMPAS, Chaidrson
CARLSBAD PLANNING COMMISSION x
Planning Director
15)
PC RES0 NO. 3927 -2-
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PLANNING COMMISSION RESOLUTION NO. 3934
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A MUNICIPAL
CODE AMENDMENT, AMENDING TITLE 19 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION
OF A SECTION IMPLEMENTING THE LOCAL
COASTAL PROGRAM IN THE MELLO I, 11, AND EAST
AND WEST BATIQUITOS LAGOON SEGMENTS
CASE NAME:
EFFECTIVE CERTIFICATION
CARLSBAD LOCAL COASTAL PROGR
CASE NO.: MCA 96-01
WHEREAS, the Planning Commission did on the 1st day of M
and on the 5th day of June, 1996 hold a duly noticed public hearing as prescri
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considerir
testimony and arguments, if any, of all persons desiring to be heard, said Cor
considered all factors relating the Municipal Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission RECOMMENDS APPROVAL of Municipal Code
Amendment, MCA 95-03, according to Exhibit "Z", dated May 1
attached hereto and made a part hereof, based on the following
Findings: -
1. The ordinances are required to implement the City's Local Coastal Prc
accordance with Public Resources Code Section 30513.
The ordinances are in conformance with Division 20 of the Public Re!
Code.
2.
....
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a e
Commission of the City of Carlsbad, California, held on the 5th day of June, 1996, b
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsc
Savary, Welshons
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
U! &qv/J#.
WILLIAM COMPAS, Chaiderson
CARLSBAD PLANNING COMMISSION
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/53
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The City of CARLSBAD Planning Depsent
A REPORT TO THE PLANNING COMMISSIOI
Item No.
Application complete date: N/A
Project Planner: Robert Green 1 Project Engineer: N/A
P.C. AGENDA OF: JUNE 5,1996
SUBJECT: LCPA 95-15MP 177(O)MP 175(G)/MCA 96-01/ZCA 95-03 - CITY (
CARLSBAD LOCAL COASTAL PROGRAM EFFECTI'
CERTIFICATION - A request for recommendation of approval of
following: (1) A resolution reaffirming the Coastal Commission's "Sugges
Modifications"; agreeing to issue Coastal Development Permits; acknowledgi
the receipt of the Coastal Commission's Resolution of Certification and agreei
to its terms for Effective Certification of the City Local Coastal Program; 1
Local Coastal Program Amendments to Local Coastal Program Irnplementi
Ordinances, and an amendment to add Introductions to the Land Use Plan, a
Implementation sections; (3) Master Plan amendment for Aviara Master P
adopting the Coastal Commission's "Suggested Modifications"; (4) Master P
amendment for Kaiza-Poinsettia Master Plan adopting the Coastal Commissio
"Suggested Modifications"; (5) Municipal Code Amendment for the adoption
additional language in Title 19 concerning environmental review in the Coa:
Zone; and (6) Zone Code Amendment for the adoption of Local Coastal Progr,
Implementing Ordinances for Mello I, Mello 11, East Batiquitos Lagoon, and W
Batiquitos Lagoon segments of the Local Coastal Program.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3s
RECOMMENDING that the City Council Reaffirm Suggested Modifications and Agree
Issue Coastal Development Permits; Planning Commission Resolutions No. 34
APPROVAL of MP 177(Q); No. 3927 RECOMMENDING APPROVAL of MP 175(G); P
APPROVAL of ZCA 95-03, based on the findings contained therein.
11. INTRODUCTION
In 1980-5 the City's LCP was certified (approved) by the Coastal Commission, but the final st(
of approval (Effective Certification) were not taken due to work constraints and disagreeme
over certain policies. Effective Certification would give the City the ability to issue its o
coastal permits and would help "streamline" application processing.
RECOMMENDING APPROVAL of LCPA 95-15; NO. 3926 RECOMMENDIT'
3934 RECOMMENDING APPROVAL of MCA 96-01; and NO. 3924 RECOMMENDIT'
/5"1 4:
e LCPA 95-15/MP 177( d) /MP 175(G)/MCA 96-01/ZCA 95-03
CITY OF CARLSBAD LCP EFFECTIVE CERTIFICATION
PAGE 2
Applicants in the coastal zone are now usually subject to two sequential coastal pen
procedures. Each of these permit procedures is administered by a different government body (I
City and the Coastal Commission). Completion of Effective Certification and transfer of coasi
permit authority to the City would ensure that applicants for coastal permits would, in t
majority of cases, only need to obtain a coastal permit fiom the City. This item proposes t
final, Effective Certification steps. The entire Effective Certification process involves sevel
technical steps (see Exhibit E), in summary however, the process includes the following:
1.
2.
3.
The City takes final legislative actions (as requested in this item);
The City transmits resolutions demonstrating that the above actions ha
been taken to the Coastal Commission; and
The Coastal Commission completes the process by taking certain fin
"administrative" actions of its own.
In more detail the legislative actions which the City must take are as follows:
0 The City must adopt Local Coastal Program (LCP) Amendments which chan;
the Coastal Ordinance language certified in 1980-85. These amendments a
necessary to adjust some of the wording to fit the current city code and to incluc
the latest coastal legislation. Additionally an introduction has been added to tl
Land Use and implementation portions of the LCP.
0 The City must reaffirm the California Coastal Commission's "Suggest€
Modifications" (i.e. formally agree to previously required Coastal Commissic
LCP changes).
Approve Master Plan amendments resulting from "Suggested Modifications
(Some Master Plans when located in the Coastal Zone become the LC
implementing ordinances. When the Coastal Commission amends the LCP fc
these plans the Master Plans must also be formally amended. Aviara an
Poinsettia Shores Master Plans need such amendments.)
Adopt a Municipal Code Amendment to add language to Title 19 concernir
environmental review within the Coastal Zone (required by the Coasti
Commission).
Adopt a Zone Code Amendment to add coastal Implementing Ordinances to th
Zoning Ordinance. Although the wording of the coastal ordinances was approve
(Certified) in 1980-85 the ordinances still need to be inserted into the Cit
Municipal Code. This action will do this. The coastal ordinances apply to four c
the six segments of the City's LCP. (The City already has coastal permit authorit.
in the Redevelopment LCP segment, and the Agua Hedionda Lagoon segment ha
been removed from the process because SDG&E is currently preparing revision
0
0
0
1s
0 LCPA 95-15MP 177( d )/MP 175(G)/MCA 96-01/ZCA 95-03
CITY OF CARLSBAD LCP EFFECTIVE CERTIFICATION
PAGE 3
to the land use regulations. This segment will be submitted to the Coas
Commission after completion and City approval.)
Acknowledge receipt of the Coastal Commission's resolution of Certification i
agree to its terms.
Accept the authority to issue Coastal Permits.
a
The LCP is similar in structure and operation to the City's General Plan and Zoning Ordinan
the difference being that it contains coastal related regulations established by the Coastal 1
1976 and is overseen by the Coastal Commission using the procedures set forth in the Coal
Administrative Regulations. The LCP is made up of two primary components:
0 Land Use - These are land use policies for the Coastal Zone in the form of 1
and a map (the Land Use section functions similarly to the City's General Plan)
Implementation - These are coastal zoning standards, i.e., a set of procedul
Master Plans also implement the LCP.
0
standards and regulations which execute the Land Use section policies. C
The text of the LCP was agreed to and approved by the City and Coastal Commission in 19
85. The body of original text is not proposed for review with these actions. The actions wh
are requested by Planning Commission and City Council at this time are to review and apprc
the limited changes which staff proposes to the coastal ordinances and land use plan, insert th
ordinances into the city code (by ordinance) and approve the associated resolutions dealing P
the remaining "housekeeping" actions which the city must complete to obtain coastal per
authority.
The following project description and background discusses these proposed changes in m
detail.
111. PROJECT DESCRIPTION AND BACKGROUND
A. Implementing Ordinances
As mentioned above, the City already has initial l'approval'' (certification) fiom the Coa
Commission of the wording of Implementing Ordinances. However, in order for the City to t
over coastal permit authority the Implementing Ordinances must be formally added into
Zoning Ordinance by an amendment.
Although the wording of the coastal ordinances was originally agreed between the City and
Coastal Commission in 1985, some modifications to the City ordinance structure, applica
processing procedures and Coastal Act have occurred since that time. Changes have there
/5
0 LCPA 95-15/MP 177( ?! /MP 175(G)/MCA 96-01/ZCA 95-03
CITY OF CARLSBAD LCP EFFECTIVE CERTIFICATION
PAGE 4
been proposed by the City in order to fit the previously approved coastal ordinance language i
the structure of the City's existing Zoning Ordinance and ensure that the latest coastal lav
applied. The Coastal Commission staff have agreed in concept to these changes and will
processing them via a De Minimis ("minor") amendment.
The amendments to the Zoning Ordinance are as follows:
1. Add General Regulations and Procedures for Coastal Development Permits (
Chapter 21.200 and 21.201). These regulations are primarily permit procesz
procedures, including noticing, exemptions and permit requirements.
Add Overlay Zones as follows:
e
e
e
0
2.
Coastal Agricultural Overlay Zone, Mello I and I1 (Chapter 21.202);
Coastal Resource Protection Overlay Zone, Mello I1 (Chapter 2 1.203);
Coastal Shoreline Development Overlay Zone, Mello I1 (Chapter 21.20
Coastal Resource Overlay Zone, Mello I (Chapter 21.205); and
A detailed summary of the amendments is provided in Exhibit
attached to this report.
3. Miscellaneous Additions/Alterations which include definitions, administra
permits, additions to Planned Community Zone, and procedures.
The City Council will be requested to approve a Zone Code Amendment inserting the Coa
Ordinances into the Municipal Code after a recommendation by the Planning Commission.
B. Suggested Modifications, Reaffirmation and Master Plan/Specific P
Amendments
"Suggested Modifications" are changes which the California Coastal Commission has mad1
Master Plans, Specific Plans, the LCP Land Use Plan and Implementing Ordinances during
process of approving Local Coastal Program Amendments (in a similar manner to the way
City applies conditions of approval). Because "Suggested Modifications" are changes mad(
the Coastal Commission to the LCP after the City has acted, the "Modifications" must, by 1
be returned to the City Council for ratification (or "reaffirmation"). These "Modifications"
shown on Exhibit ltYtt. Some of the "Suggested Modifications relate to Aviara and Ka
Poinsettia Master Plans (see attachments to Planning Commission Resolutions No. 3926
3927). Master Plan amendments will be necessary, in addition to "reaffirmation", for tl
items.
The City Council will be requested to make a ''reaffirmationtt resolution and Master 1
amendments for this portion of the Effective Certification after a Planning Commis
recommendation has been made.
15
0 LCPA 95-15NP 177( P /MP 175(G)/MCA 96-01/ZCA 95-03
CITY OF CARLSBAD LCP EFFECTIVE CERTIFICATION
PAGE 5
C. Acceptance of Coastal Permitting
The California Coastal Act and Coastal administrative regulations also require that the (
Council make formal resolutions acknowledging the receipt of the Coastal Commissic
Resolution of Certification, take any actions necessary to legally satisfl the Effeci
Certification process and formally accept coastal permit authority. The City Council will
requested to take the appropriate actions by resolution after a recornmendation by the Plm
Commission (see resolutions 3922 and 3924).
VI. ENVIRONMENTAL REVIEW
This item is statutorily exempt fiom the California Environmental Quality Act (CEQA). CEI
does not apply to activities and approvals pursuant to the California Coastal Act by any LC
Government for the preparation and adoption of a Local Coastal Program.
V. SUMMARY
These Zone Code and Master Plan amendments and “Acceptance” resolutions are the fi
administrative steps which the City needs to take before applying for coastal permit autho
from the State.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
Planning Commission Resolution No. 3922, Reaffirming Suggested Mods, agreeing
issue permits (and Exhibit “Y”)
Planning Commission Resolution No. 3923, Local Coastal Program amendment (E
Planning Commission Resolution No. 3924, Zone Code Amendment (and Exhibit “X
Draft Ordinance)
Planning Commission Resolution No. 3926, Master Plan Amendment - Aviara
Planning Commission Resolution No. 3927, Master Plan Amendment - Kaiza Poinsetti
Planning Commission Resolution No. 3934, Municipal Code Amendment
Exhibit “A” - Summary for Mello I and I1 Zone Code Amendments, dated May 1, 199t
Exhibit “B” - Coastal Zone Map.
Exhibit “YY”)
RGkr
/L
May 1, 19! e a
SUMMARY OF COASTAL ZONING ORDINANCE AMENDMENTS
19.040.060 This amendment specifies environmental review procedures for the C(
Zone.
This amendment incorporates the Coastal Act’s definition of develor
into the Zoning Ordinance.
This amendment specifies that development on Carlsbad State Be:
subject to the Local Coastal Program.
Addition to Planned Community Zone for Aviara
This Zoning Ordinance Amendment would apply to the Mello I lar
Aviara. The amendment adds additional standards that the Mastei
must meet. The standards establish (1) an allowable residential dl
based on percentage of slope and agricultural suitability of soil
drainage and erosion control standards based on percentage of slop
natural vegetation resources, (3) a buffer and open space program be
residential and agricultural land use, and (4) innovative siting and c
criteria to minimize paved surface area.
This attachment applies to the Kelly Point/Macario Canyon area ider
on the following exhibit:
The attachment amends the Planned Community Zone 21.38 by a
specific requirements for Master Plans in the Kelly PointMacario (2
area. The specific requirements concern (1) maximum densi
development, (2) erosion, drainage, and sedimentation contro
preservation of agricultural lands, (4) park use of the area, and (5) ser
site design which minimizes paved area.
This amendment adds language to the Scenic Preservation overlay z(
manage scenic resources within the Coastal Zone.
This amendment to the Sign Ordinance limits the number and size oi
allowed in the Coastal Zone.
This amendment makes conformance to the Local Coastal Progi
requirement for a conditional use permit in the Coastal Zone.
2 1.04.107
21.33.015
21.38.141
21.38.160
21.40.135
21.41.070
2 1.42.020
21.50.010 and
21.50.030(4) Amends two sections. The first amendment requires that a varianl
adversely affect requirements to protect coastal resources. The s
amendment requires that a variance (1) conform to the Local C
Program and (2) not reduce protection of coastal resourc
implementation of the Local Coastal Program.
-1-
/.
W 0
2 1 S2.0 10 This amendment requires that Zone boundary changes in the Coastal
are accomplished through Local Coastal Program amendments.
21.52.160 and
21.54.120 These changes provide that amendments of the Local Coastal Progra consistent with the requirements of the California Coastal Act
distinguish General Plan amendments from Local Coastal Pro
amendments.
21.54.050, 21.54.060(1)(e)
and 21.54.061
21.54.100
These amendments clarify noticing and hearing procedures.
This amendment provides for noticing of continued public hearings
Coastal Zone
This amendment establishes the requirements of the Local Coastal Prc
as superior to any conflicting agreements between parties.
This amendment states the City’s, the California Coastal Commission
decision on a Coastal Development Permit.
These amendments add to the procedures for Coastal Permit procc
including hearings, notices, and fee chapter ordinance in this
consistent with the Coastal Act.
Coastal Agriculture Overlay Zone (CAOZ)
The overlay zone (1) encourages the agricultural use of lands suit(
agriculture; and (2) recognizes and provides programs for the evc
conversion of agricultural lands to urban land uses. Allowable agrici
land uses, and lot and yard standards are established by the overlay
The overlay zone defines mitigation procedures and findings for convc
of agricultural lands to urban uses identified by the General Plan and
Coastal Program. Three mitigation options are provided; (1) preser
of prime agricultural land, (2) proven agricultural infeasibility, ar
agricultural conversion fee.
Coastal Resource Protection Overlay Zone
The overlay zone applies to lands within the Mello I1 Segment c
Local Coastal Program. The overlay zone preserves, protects and e&
the environmental resource values of lagoons and steep hillsides.
overlay zone establishes standards for the (1) preservation of steep
and vegetation, and (2) the management of drainage, er
21.56.010
21.61.025 the Attorney General’s responsibilities in litigation concerning the I
21.201.
21.202.
2 1.203
-2- IC
8 0
sedimentation, and (3) for the preservation of coastal wildlife habitat:
addition to these standards, special more stringent requirements app
Buena Vista Lagoon, the Batiquitos Lagoon watershed, and to areas
of Interstate 5.
Coastal Shoreline Development Overlay Zone
The overlay zone applies to areas located between the sea and first p
road parallel to the sea; that would be Carlsbad Boulevard, Shore C
and Ocean Street. The overlay zone establishes permitted
conditionally permitted land uses, along with requirements for p
access to and along the beach and coastal bluffs. Procedures fo
providing public access, (2) reviewing proposed developments an(
defining stability of shoreline developments.
Coastal Resource Overlay Zone (CROZ)
The CROZ applies to Mello I lands (1) within the Batiquitos La
watershed, and (2) adjacent to agricultural uses. The overlay zone a
a maximum density of development of seven dwelling units per
according to the underlying P-C or RD-M zones. The overlay
requires that (1) all recommended mitigation of a certified final EIR
made a part of a project’s conditions of approval, (2) an erc
sedimentation and drainage report be prepared for a project, and
significant buffer be provided between residential and agricultural
uses.
2 1.204.
21.205
-3- /L /
Exhibi
May 1, 1
W 0
2'
-IC ww
SarraRWu-
14
Page 5
0
June 5,1996
8
PLANNING COMMISSION
3. LCPA 95-1 5/MP 177(Q)/MP 175(GYMCA 96-01/ZCA 95-03 - CITY OF CARLSBAD LOCAL
COASTAL PROGRAM EFFECTIVE CERTIFICATION - A request for recommendation of appr
of the following: (1) A resolution reaffirming the Coastal Commission's "Suggested Modificatio
agreeing to issue Coastal Development Permits; acknowledging the receipt of the Coastal
Commission's Resolution of Certification and agreeing to its terms for Effective Certification of
City Local Coastal Program; (2) Local Coastal Amendments to Local Coastal Program
Implementing Ordinances, and an amendment to add introductions to the Land Use Plan, and l
Implementation Section; (3) Master Plan Amendment for the Aviara Master Plan adopting the
Coastal Commission's "Suggested Modifications;" (4) Master Plan Amendment for the Kaiza-
Poinsettia Master Plan adopting the Coastal Commission's "Suggested Modifications;" (5)
Municipal Code Amendment for the adoption of additional language in Title 19 concerning
environmental review in the Coastal Zone; and (6) Zone Code Amendment for the adoption of
Coastal Program Implementing Ordinances for Mello I, Mello II, East Batiquitos Lagoon, and v1
Batiquitos Lagoon segments of the Local Coastal Program.
Chairman Cornpas announced to the applicant and public that this item, if approved, will be fotwarded
the City Council for their consideration.
MI N UTE2
163
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PLANNING COMMISSION June 5,1996 Page 6
Robert Green, Principal Planner, reviewed the background of the request and stated that the City has
pursued obtaining coastal permit authority from the California Coastal Commission for several years
1980-85 the City’s Local Coastal Program (LCP) was approved by the Coastal Commission, but the fi
steps of approval, or Effective Certification, were not taken due to work constraints and disagreemenl
certain policies. The LCP consists of policies and implementing ordinances which regulate land use i
City’s Coastal Zone. The body of the original LCP text, which was agreed to and approved by the Cit
Coastal Commission in 1980-85 is not proposed for review at this time. The actions being requested
Planning Commission tonight are to complete the EffeGtive Certificiation review and recommend to th
Council actions which make limited changes to the coastal ordinances and land use plan, insert these
ordinances into the City code by ordinance, and recommend approval of associated resolutions dealii
the remaining Effective Certification procedural actions which the City must complete to obtain coast;
permit authority.
Mr. Green stated that Effective Certification will help streamline application processing. Currently, m
applicants for development in the coastal zone must apply for permits sequentially from both the City
the Coastal Commission. Completion of Effective Certification will ensure that, in the majority of cas
coastal permit applications would only have to be made to the City. The final Effective Certification I
are to:
e Amend the Local Coastal Program - Amendments must be adopted which update the LCP text
originally certified by the Coastal Commission in 1980-85. Introductions to portions of the LCP lai
plan and implementation sections have been added, and minor modifications are proposed to COi
Ordinance numbering and some text to adjust it to the current structure of the zoning ordinance.
Additionally, staff proposes to add some legally required, updated procedures which are missing f
the existing code. Introductions to portions of the LCP Land Use Plan have also been added. Th
changes are not substantive, and will be submitted for “administrative” (De Minimis) approval by I
Coastal Commission.
inserted into the City Zoning Ordinance by a zone code amendment. The Coastal Ordinances wil
general regulations and procedures for coastal development permits, overlay zones to the zoning
ordinance (including coastal agricultural, coastal resource protection, and coastal shoreline
development overlay zones), and miscellaneous alterations and additions. Definitions and additic
the Planned Community zone and procedures are also being made.
Reaffirm the California Coastal Commission’s Suggested Modifications - Suggested modific
are changes required by the Coastal Commission during approval of prior LCP amendments. Sol
remain to be ratified or reaffirmed, i.e. changes suggested during the original certification of the L
1980-85, and changes suggested during the Aviara and Kaiza-Poinsettia LCP amendments.
Amend City Plans - Because the suggested modifications also involve the Aviara and Kaiza-Poi1
Master Plans, master plan amendments must be made to these documents to ensure consistenc)
the LCP. Tonight’s action would complete this process.
Adopt a Municipal Code Amendment - This action adds language to Title 19 concerning
environmental review within the Coastal Zone. This ordinance subsection was originally certified
Coastal Commission in 1980-85 and needs to be formally added to the Municipal Code by an
amendment.
0 Accept the Authority - The final step will be for the City to accept the authority to issue Coastal
Permits, acknowledge receipt of the Coastal Commission’s resolution of Certification, and agree ti
terms. These actions are procedural steps of Effective Certification legally required by the Coast:
of 1976 and its implementing regulations.
0 Enact the Coastal Ordinances - Once the Coastal Ordinances are amended, they must be form
0
0
Mr. Green stated that the Coastal Act will still require that the Coastal Commission issue permits for
development on tidelands, submerged lands, and public trust lands. Additionally, depending on their
MINUTE
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PLANNING COMMISSION June 5,1996 Page 7
location, some City approved permits may still be appealable to the Coastal Commission. He noted
Agua Hedionda segment has been removed from the Effective Certification process because SDG&I
currently preparing land use plan revisions, and the Village Redevelopment Area already has certific
Mr. Green stated that with the completion of the City actions, the final processing can commence wit
State Coastal Commission to obtain City Coastal Permit authority. Staff recommends approval of th
resolutions, including the errata sheet handed out just prior to tonight's meeting. The errata sheet cc
minor housekeeping changes requested by Coastal Commission staff at a meeting which occurred e:
today.
Commissioner Welshons inquired if the LCP text was originally approved by the Coastal Commissior
Green replied yes.
Commissioner Noble stated that this streamlining should save a lot of money for applicants and the (
Commission's standards are not as stringent as those imposed by the City. Mr. Green agreed. It als
the Coastal Commission the ability to appeal an approval, however they would not be able to appeal
denial. He noted that the Coastal Commission would still be required to issue permits for certain are
the City.
Chairman Compas inquired if this proposed process creates a win-win situation for everyone. Mr. GI(
replied that it eliminates a dual process for applicants and will save them money and time.
Commissioner Heineman inquired if staff feels that the Coastal Commission will agree to the change
regarding the changes for the past two and a half years and they are in concurrence.
Commissioner Noble inquired how this change will impact the Planning Director. Mr. Green replied tl
the Coastal Commission approves, he will have authority to approve some "administrative" or "minor
permits. It is expected that many minor projects will be delegated to the Planning Directorktaff level
process will result in more permits overall being reviewed by the City, since most development in the
coastal zone requires coastal permits. At this time, it is not known what the magnitude of the increas
be; however, if the City obtains the ability to review "minor" or "administrative" permits at the staff le'
this should reduce the number of permits to be reviewed by Planning Commission and City Council.
Commissioner Savary requested Mr. Green to explain one of the corrections on the errata sheet, whic
did.
Chairman Compas opened the public testimony and issued the invitation to speak.
There being no other persons desiring to address the Commission on this topic, Chairman Compas dl
the public testimony closed and opened the item for discussion among the Commission members.
Green replied that he has met with Coastal Commission staff, including the Assistant District Director
ACTION; Motion by Commissioner Heineman, and duly seconded, to adopt Planning
Commission Resolution No. 3922 recommending that the City Council Reaffirm
Suggested Modifications and Agree to Issue Coastal Development Permits; PI;
Commission Resolutions No. 3923 recommending approval of LCPA 95-1 5; No.
recommending approval of MP 177(Q); No. 3927 recommending approval of MI
175(G); No. 3934 recommending approval of MCA 96-01; and No. 3924
recommending approval of ZCA 95-03, based on the findings contained therein,
including the errata sheet dated June 5, 1996.
Compas, Heineman, Nielsen, Noble, Savary, Welshons
VOTE: 6-0
AYES:
NOES: None
ABSTAIN: None
MINUTE
/&5
W
PROOF OF PUBLICATION
(2010 8l2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
California, under the dates of June 30, 1989
Superior Court of the County of San Diego. State of
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171 349 (Blade-Citizen)
and case number 1721 71 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
printed copy (set in type not smaller than District; that the notice of which the annexed is a
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
June 28, 1996
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
28th Dated at California, this day
June, 1996 of
-----__
NORTH COUNTY TIMES
Legal Advertising
0 This space is for the County Clerk's Filin
Proof of Publication of
I Notice of Public Hearing ----------________
----------____________
/r
Y-G LCPA 95-15/MP-I771QVMP-l75(G?IMCA 96 CITY OF CARLSBAD LOCAL COASTAL I -
NOTICE IS HEREBY GIVEN that the City Council of the City of Cal public heating at the City Council Chambers, 1200 Camad ullage
California, at 6:oO p.m. on Tuesday, July 9, 1996, to consaer a reque the following: (1) A resolution reaffirming the Coastal Commissi
Modifications", agreeing to issue Coastal Development Permits, ac receipt of the Coastal Commission's Resolution of Certification, and agr for Effecttve Certification of the City Local Coastal Program; (2) Local
Amendments to Local Coastal Program implementing Ordinances, and add introductions to the Land Use Plan and Implementation Sections
amendment for Aviara Master Plan adopting the Coastal COmmiSS Modificafions"; (4) Master Plan amendment for Kaiza-Poinsettta Master
Coastal Commission's 'Suggested Modifications"; (5) Municlpal Code A adoption of additional language in Title 19 concerning environmental rev Zone; and (6) Zone Code Amendment for the adoptron of LoMl
Implementing Ordinances for Mello I. Mello II, East Batiquitos LZ Batiquitos LagM segments of the Local Coastal Program.
If these actions are Effectively Certfied by the Coastal Commission, it to issue Coastal Development Permits on property generally locab Carlsbad Coastal Zone, excluding Agua Hedionda Lagoon.
If you have any questions regarding this matter, please contact Rot Planning Department, at (619) 438-1161, extension 4442.
If you challenge the Local Coastal Program Amendment, Master p Municipal Code Amendment andlor Zone Code Amendment In court, y to raising only those issues raised by you or someone else at the public
-
in this notice, or in written correspondence delivered t0 the City Of Ca Offioe at. or prior to. the public heanng.
I Legal 47271 June 28,1596
& I -I
-.
PROOF OF PUBLI F ATlON
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen)
and case number 1721 71 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
day Dated at California, this 2 a ._!I
of JUEe, 1535
----_-
NORTH COUNTY TIMES
Legal Advertising
0 This space IS for the County Clerks Filir
Proof of Publication of
I Fr :Tz3r-ErJ --_ -- ------
---------_----_--___--
I I l'r NOTICE OF PUBLIC HEARIN1
CITY OF CARLSBAD LOCAL COASTAL EFFECTIVE CERTlFlCATlOh
NOTICE IS HEREBY GIVEN that the City Council of the City of C public heanng at the City Council Chambers, 1200 Catisbad Villag California, at 6:OO p.m.. on Tuesday, July 9. 1996, to consider a requ the following: (I) A resolution re?A7nning the Coastal Cornmis< Modificatlons". agreeing to issue Coastal Development Permits, i receipt of the Coastal Commission's Resolution of Certrfication. and ac for Effective Certification of the City Local Coastal Program: (2) Loa Amendments to Local Coastal Program implementing Ordinances, anc add introductions to the Land Use Plan and Implementation section amendment for Aviara Master Plan adoptmg the Coastal Commisi Mcdiicahons"; (4) Master Plan amendment for Kaiza-Poinsetha Master Coastal Commission's "Suggested Modifications": (5) Municipal Code I adopbon of addltronal language in litle 19 concerning enwronmental rei Zone, and (6) Zone Code Amendment for the adopbon of Local Implementing Ordinances for Mello I, Mello II, East Batiquitos L, Babqubs Lagdon segments of the Local Coastal Program.
If these actions are Effectively Certified by the Coastal Commission, d to issue Coastal Development Permits on property generally local
If you have any questions regarding this matter, please m~Cr Ro Planning Department. at (619) 438-1161, extension 4442.
If you challenge the L&l Coastal Program Amendment, Master F Municipal Code Amendment and/or Zone Code Amendment in court, ! to raising only those issues raised by you or someone else at the public in this notice, or in written correspondence delivered to the City of Ca ORice at, or prior to, the public hearing.
Legal 47271 June 28, 1996
LCPA 95-lS/MP-I77fQ~/MP-17!MGlNCA 9
Carlsbad Coastal Zone, excluding Agua Hedionda Lagoon.
B )I I
0 0
NOTICE OF PUBLIC HEARING
LCPA 95-15/MP-177 (Q) /MP-175 (G) /MCA 96-1/ZCA 95-3
CITY OF CARLSBAD LOCAL COASTAL PROGRAM EFF'ECTIVE CERTIFICATIOI
NOTICE IS HEREBY GIVEN that the City Council of the City
Carlsbad will hold a public hearing at the City Council Chamber
1200 Carlsbad Village Drive, Carlsbad, California, at 6: 00 p-m
on Tuesday, July 9, 1996, to consider a request for approval
the following: (1) A resolution reaffirming the Coast Commission's "Suggested Modifications", agreeing to issue Coast Development Permits, acknowledging the receipt of the Coast
Commission's Resolution of Certification, and agreeing to i
terms for Effective Certification of the City Local Coast
Program; (2) Local Coastal Program Amendments to Local Coast
Program implementing Ordinances, and an amendment to a
Introductions to the Land Use Plan and Implementation sections
(3) Master Plan amendment for Aviara Master Plan adopting t Coastal Commission's "Suggested Modifications"; (4) Master P1
amendment for Kaiza-Poinsettia Master Plan adopting the Coast
Commission's "Suggested Modifications"; (5) Municipal Co Amendment for the adoption of additional language in Title concerning environmental review in the Coastal Zone; and (
Zone Code Amendment for the adoption of Local Coastal Progr
Implementing Ordinances for Mello I, Mello 11, East Batiquit
Lagoon, and West Batiquitos Lagoon segments of the Local Coast
Program.
If these actions are Effectively Certified by the Coast
Commission, it will allow the City to issue Coastal Developme Permits on property generally located in the City of Carlsb
Coastal Zone, excluding Agua Hedionda Lagoon.
If you have any questions regarding this matter, please contal Robert Green, in the Planning Department, at (619) 438-116
extension 4442.
If you challenge the Local Coastal Program Amendment, Master P1,
Amendments, Municipal Code Amendment and/or Zone Code Amendmei in court, you may be limited to raising only those issues raisc
by you or someone else at the public hearing described in th.
notice, or in written correspondence delivered to the City (
Carlsbad City Clerk's Office at, or prior to, the public hearinc
APPLICANT: City of Carlsbad
PUBLISH : June 28, 1996 CARLSBAD CITY COUNCIL
JOHN WHITE
0
DL CLEMENS
AVIARA LAND ASSOCIATES CARLTAS CORP
SUITE 206 SUITE 100 201 1 PALOMAR AIRPORT ROAD CARLSBAD, CA 92009
BRAIN MURPHY
KAlZA CORP
SUITE 200
7220 AVENIDA ENCINAS
*. 0
LCP EfSective Certification
LCPA 95-15lMP I77(Q)/175(G)l
ZCA 95-05 5600 AVENIDA ENC
CARLSBAD CA 92(
DWIGHT SPIERS
SUITE 139
23 CORPORATE PL,
NEWPORT BEACH
Radius Labels
DON ROSE
SDG&E
101 ASH STREET
SAN DJEGO CA 921 12 CARLSBAD CA 92009
TOM HAGEMAN
PLANNING SYSTEMS ROBERT PAT KELLL
SUITE 100 2770 SUNNY CREE/ 21 11 PALOMAR AIRPORT ROAD CARLSBAD CA 92( CARLSBAD CA 92009
CA COASTAL COMMISSION
31 11 CAMINO DEL RIO NORTH
SAN DIEGO CA 92108
JACK HENTHORN
HENTHORN AND ASSOC
5431 AVENIDA ENCINAS
CARLSBAD CA 92008
DEBORAH LEE BILL PONDER CA COASTAL COMMISSION
SUITE 200 SUITE 200 3111 CAMINO DEL RIO NORTH
SAN DIEGO CA 92108
r’
0 SANDAG (SAN DIEGO COUNTY)
KENNETH SULZER, EXEC. DlRECl
SECURITY PACIFIC PLAZA
SUITE 524
1200 THIRD AVENUE
SAN DIEGO CA 92101
e
3 . LAGELS - 5163
LCPA MAILING LIST (GOVERNMENT
AGE N C I ES)
APPENDIX A (PER COASTAL COMMISSION)
DEPARTMENT OF JUSTICE
DEPUTY ATTORNEY GENERAL
ROOM 700 1400 TENTH STREET
11 0 WEST A STREET SACRAMENTO CA 95814
SAN DIEGO CA 92101
OFFICE OF PLANNING AND RES€
OFFICE OF LOCAL GOVERNMENT
PUBLIC UTILITIES COMMISSION
350 McALLlSTER STREET
SAN FRANCISCO CA 94103 RESOURCES
DEPARTMENT OF FOOD AND AGR
STEVE SHAFFER, AGRICULTURAL
ROOM 100
1220 N STREET
SACRAMENTO CA 95814
BUSINESS AND TRANSPORTATION AGENCY
KATHLEEN CALDERON ROBERT MEYER
1120 N STREET ROOM 5504
SACRAMENTO CA 95814 1120 N STREET
DEPARTMENT OF TRANSPORTATK
SACRAMENTO CA 95814
DISTRICT 11 CALTRANS RESOURCES AGENCY
TIM VASQUEZ, ENVIRONMENTAL PLANNING
2829 SAN JUAN ST
SAN DIEGO CA 92138 SACRAMENTO CA 95812
RM 1311
1416 NINTH STREET
0 COASTAL CONSERVANCY e
I 1 AIR RESOURCES BOARD
ANNE GERAGHTY, MANAGER SUITE 1100
GENERAL PROJECTS SECTION 1330 BROADWAY
PO BOX 2815 OAKLAND CA 94612
SACRAMENTO CA 95812
ENERGY RESOURCES, CONSERVATION DEPARTMENT OF FISH AND GAM
AND DEVELOPMENT COMMISSION DON LOLLOCK, CHIEF
CHUCK NAJARIAN ENVIRONMENTAL SERVICES DlVl
SACRAMENTO CA 95814 1416 NINTH STREET
1516 NINTH STREET RM 1206-20
SACRAMENTO CA 95814
MARINE RESOURCES REGION, DR&G
ENVIRONMENTAL SERVICES SUPERVISOR
LONG BEACH CA 90802 141 6 NINTH STREET
DEPARTMENT OF FORESTRY
DOUG WICKIZER, ENVIRONMENT,
350 GOLDEN SHORE RM 1516-2
SACRAMENTO CA 95814
SOUTHERN REGION
JOHN WALSTROM, TECHNICAL SERVICES
8885 RIO SAN DIEGO DRIVE
SAN DIEGO CA 92108 30 VAN NESS AVENUE
SAN FRANCISCO BAY CONSERVA
AND DEVELOPMENT COM M I SS IO1
BILL TRAVIS
SAN FRANCISCO CA 95814
STATE LANDS COMMISSION
DWIGHT SANDERS PO BOX 100
1807 13TH STREET SACRAMENTO CA 95801
SACRAMENTO CA 95814
WATER RESOURCES CONTROL B
\ e W DEPARTMENT OF AGRICULTURE . REGIONAL WATER QUALITY CONTROL
BOARD ROBERT L. ERWIN, DIRECTOR
SUITE B SUITE 1037
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331 SAN FRANCISCO CA 941 11
630 SANSOME STREET
DEPARTMENT OF AGRICULTURE
ROBERT DELZELL
RESOURCE CONSERVATIONIST IRWRIN HOFFMANN
2828 CHILES ROAD SUITE F
DAVIS CA 95616 194 W MAIN STREET
DEPARTMENT OF AGRICULTURE
FARMERS HOME AD MI N ISTRATIO
WOODLAND CA 95695
DEPARTMENT OF COMMERCE
OFFICE OF OCEAN AND COASTAL
L McGlLVRAY
1825 CONNECTICUT AVENUE
WASHINGTON DC 20235
COUNCIL ON ENVIRONMENTAL C
CHAIRMAN
722 JACKSON PLACE NORTH WE!
WASHINGTON DC 2006
DEPARTMENT OF DEFENSE
BRIGADIER GENERAL PATRICK KELLY
RM 1216 TECHNICAL ENGINEERING BRAN(
630 SANSOME STREET
SAN FRANCISCO CA 941 11 SAN FRANCISCO CA 941 11
DEPARTMENT OF DEFENSE
RICHARD L FRASER
630 SANSOME STREET
DEPARTMENTOFDEFENSE DEPARTMENTOFDEFENSE
LT. COL. ANDREW M. PERKINS
DISTRICT ENGINEER PO BOX 2711
SAN FRANCISCO CA 94105
LOS ANGELES DISTRICT ENGINEE
211 MAIN STREET LOSANGELES CA 90053
. DEPwARTMENT OF DEFEN Q DEPAR a NT OF DEFENSE
COMMANDANT, ELEVENTH NAVA
DISTRICT CIVIL ENGINEER
’ * COMMANDING OFFICER, WESTERN DIVISION
ROBERT FORSYTH, DIRECTOR
PO BOX 727 SAN DIEGO CA 92132
SAN BRUNO CA 94066
DEPARTMENT OF DEFENSE
COL. LANG PHILLIP IAMMI, CHIEF
ASST. CHIEF OF STAFF FOR FACILITIES
MARINE CORPS RECRUIT DEPOT
SAN DIEGO CA 92140 SAN FRANCISCO CA 941 11
DEPARTMENT OF DEFENSE
ROOM 1316
630 SANSOME STREET
DEPARTMENT OF ENERGY
JOHN B. MARTIN, REGIONAL DIRE
SUITE 210
1450 MARIA LANE
WALNUT CREEK CA 94596-5368
DEPARTMENT OF ENERGY
CLIFFORD EMMERLING, DIRECTOR
FEDERAL ENERGY REGULATORY OPERATIONAL PLANNING
COMMISSION 525 MARKET STREET
SUITE 350 SAN FRANCISCO CA 94105
901 MARKET STREET
SAN FRANCISCO CA 94103
GENERAL SERVICES ADMlNlSTRP
MOLLY BRANDT, DIRECTOR
DEPARTMENT OF HOUSING AND URBAN
DEVE BOB BARNEY
DUNCAN LENT HOWARD, REGIONAL ADMIN
450 GOLDEN GATE AVENUE SACRAMENTO CA 95825
SAN FRANCISCO CA 94102
U. S. BUREAU OF LAND MANAGE1
2800 COTTAGE WAY
0
US BUREAU OF RECLAMATION
LOWER COLORADO REGION
8. e
’ 4 US BUREAU OF RECLAMATION
MI D-PAC1 FIC REGION
JOHN H. TURNER STEVE MAGNUSSEN
2800 COTTAGE WAY PO BOX427
SACRAMENTO CA 95825 BOULDER CITY CO 89005
DOUGLAS WARNOCK, SUPERINTENDENT BRIAN O’NEILL, SUPERINTENDEh
REDWOOD NATIONAL PARK GOLDEN GATE NATIONAL RECRE
DRAWER N AREA
1111 2ND STREET BUILDING 201 FORT MASON
CRESCENT CITY CA 95531 SAN FRANCISCO CA 94123
JOHN L. SANSING, SUPERINTENDENT WILLIAM EHORN, SUPERINTENDE POINT REVES NATIONAL SEASHORE
POINT REYES CA 94596 1901 SPINNAKER DRIVE
CHANNEL ISLANDS NATfONAL PP
SAN BUENAVENTURA CA 93001
SUPERINTENDENT
CABRILLO NATIONAL MONUMENT
1800 CABRILLO MEMORIAL DRIVE
SAN DIEGO CA 92106 EAST 360 THIRD AVENUE
U S BUREAU OF MINES
WESTERN FIELD OPERATIONS CE
JOHN NORBERG
SPOKANE WA 99207
U S FISH AND WILDLIFE SERVICE
JAMES MCKEVITT, FIELD SUPERVISOR
2800 COlTAGE WAY
SACRAMENTO CA 95825 SACRAMENTO CA 95825
BUREAU OF INDIAN AFFAIRS
RONALD M. JAEGER
2800 COTTAGE WAY
a REAR ADM. BRUCE A. BERAN, CC
ELEVENTH COAST GUARD DISTRI
* - 1 BAgRY BRAYER, AWP-8
FEDERAL AVIATION ADMINISTRATION
WESTERN REGION UNION BANK BUILDING
PO BOX 92007 400 OCEANGATE BLVD LOS ANGELES CA 90009 LONG BEACH CA 90822
ADMIRAL JOHN COSTELLO, COMMANDER
TWELFTH COAST GUARD DISTRICT
COAST GUARD ISLAND
(DPL)
ALAMEDA CA 94501 -51 00
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that
Planning Commission of the City of Carlsbad will hold a public hearing at the Cou Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Wednesd
May 1 , 1996, to consider a request for recommendation of approval of the following: A resolution reaffirming the Coastal Commission's "Suggested Modifications"; agree to issue Coastal Development Permits; acknowledging the receipt of the Coal Commission's Resolution of Certification and agreeing to its terms for Effecl
Certification of the City Local Coastal Program; (2) Local Coastal Progr Amendments to Local Coastal Program Implementing Ordinances, and an amendm
to add Introductions to the Land Use Plan, and Implementation sections: (3) Mar Plan amendment for Aviara Master Plan adopting the Coastal Commissioi
"Suggested Modifications"; (4) Master Plan amendment for Kaiza-Poinsettia Mas Plan adopting the Coastal Commission's "Suggested Modifications"; (5) Munici Code Amendment for the adoption of additional language in Title 19 concern
environmental review in the Coastal Zone; and (6) Zone Code Amendment for . adoption of Local Coastal Program Implementing Ordinances for Mello I, Mello II, E
Batiquitos Lagoon, and West Batiquitos Lagoon segments of the Local Goa$ Program.
If these actions are Effectively Certified by the Coastal Commission, it will allow the Citj issue Coastal Development Permits on property generally located in the City of Carlst
Coastal Zone excluding Agua Hedionda Lagoon.
Those persons wishing to speak on this proposal are cordially invited to attend the put hearing Copies of the staff report will be available on and after April 25, 1996. If you ha any questions, please call Robert Green in the Planning Department at (61 9) 438-1 161, e 4442.
The time within which you may judicially challenge this Local Coastal Program Amendme
Master Plan Amendments, Municipal Code Amendment and/or Zone Code Amendment
approved, is established by state law and/or city ordinance, and is very short. If y challenge the Local Coastal Program Amendment, Master Plan Amendments, Municil Code Amendment and/or Zone Code Amendment in court, you may be limited to raisi only those issues you or someone else raised at the public hearing described in this noti or in written correspondence delivered to the City of Carlsbad at or prior to the put hearing.
CASE NAME: CITY OF CARLSBAD LOCAL COASTAL PROGRAM EFFECT[\
PUBLISH: APRIL 18,1996
CITY OF CARLSBAD
PLAN N I NG COMM I SSl ON
CASE FILE: LCPA 95-15/MP 177(Q)/MP 175(G)/MCA 96-01/ZCA 95-03
C E RTI F I CAT1 0 N
RG:bkr
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-08:
(Form A)
e f
-
TO: CITY CLERK'S OFFICE
FRoH: PLANNING DEPARTMENT (ROBERT GREEN)
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
LCPA 95-15/MP 177(Q) IMP 175(G) /MCA 96-01 IZCA 95-03 - City of Carlsbac
Local Coastal Program Effective Certification for a public hearing before the City Council.
Please notice the ltem for the council meeting of
,-#%e . @ $7
Thank you.
- Date
4
Assistant City Man--
-