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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) 2 a, c) s -d a a c) 3 0 c k 0 a, a 0 &I U G TI a 5 n 0 m N. rnm am we Ih 02 % cc 4w 3- 2z a- aJm I om -4 U- om m1 uw am 01 am mz A2 uw ST s2 a \ h m \ rn .. 2 0 F 0 4 G z 3 a 8 (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. 2 !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. 3 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. 4 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 * 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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 lb 1 2 3 4 5 6 7 8 9 10 11 12 13 14 - 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 .... .... ..I. .... e... .... . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ’ 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 0 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) 7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 ' !5 16 17 18 19 20 21 22 23 24 25 26 27 28 e 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 .... '2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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. .... .... .... .... .... .... .... .... .... .... .... .... .... .... ..I. .... 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 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) 10 1 2 3 4 5 6 7 a 9 lo ' ' 12 l3 ' 4 ' !3 16 ' 7 18 '' 20 21 22 23 24 25 26 27 28 0 0 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 1 1r 1 1 2 3 4 5 0 0 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." 6 7 8 g 10 11 12 13 14 15 16 17 18 1 g 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 20 21 22 23 24 25 26 27 28 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 2 The plan required as a part of the Master Plan shall be certified as a( (c) 12 II 1 2 3 4 5 6 7 8 g 10 ' 1 12 13 14 15 16 17 18 19 20 21 22 23 24 *' 26 27 28 0 0 (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) 3 13 ,I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 1 g 20 21 22 23 24 25 26 27 28 0 0 (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) 4 I4 I I 2 3 4 5 6 7 8 9 10 1 1 l2 13 14 15 16 17 18 1 g 20 21 22 23 24 25 26 27 28 0 0 (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 5 IS 1 2 3 4 5 6 7 8 9 10 11 ' 2 13 14 15 16 17 18 1 g 20 21 22 23 24 25 26 27 28 0 0 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) IC 6 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 1 7 l8 19 20 21 22 23 24 25 26 27 28 0 e (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 7 (A) (i) (ii) (iii) (B) (i) (ii) (iii) (iv) (v) 1 2 3 4 5 6 7 8 9 10 1 1 l2 13 14 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 e 0 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) 8 I, 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 1 7 18 1 g 20 21 22 23 24 25 26 27 28 e 0 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;" 9 1 // 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 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: 10 2.0 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 0 a (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 11 dl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 e a 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. 12 22 2 3 4 !5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 13 a3 I 1 0 0 The provisions of Public Resources Code Sections 30800 et seq. shall apply to deve in the coastal zone and in any case where no appeal has been filed from the decision ( 1 2 3 4 5~ 6 7 8 9 io 11 12 13 14 15 16 j7 18 19 20 21 22 23 24 25 26 27 28 0 0 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. 14 24 I 1 2 3 4 !5 6 7 8 9 10 1 1 12 13 1 4 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 e 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. 15 as I 1 2 3 4 !5 6 7 * 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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 16 x 1 2 3 4 5 €i 7 8 9 10 11 l2 13 14 ’ 5 16 17 l8 1 9 e 0 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. 20 21 22 23 24 25 26 27 28 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. A? 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 g 20 21 22 23 24 25 26 27 28 a 0 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; 18 2z I/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 19 29 ,I 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 l5 16 17 18 1 g 20 21 22 23 24 25 26 27 28 0 0 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 20 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. 'SI 21 I/ 1 * 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 'a 19 20 21 22 23 24 25 26 27 28 e "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 22 ? 2.. 1 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. 23 33 I1 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 l5 16 17 18 19 20 21 22 23 24 25 '26 27 28 (I) e 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." 34 24 * 3 4 !3 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 .... 35 .... 25 1 1 @ 0 " 2 1.20 1.240 Violations of the Public Resources Code 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 la 19 20 21 22 23 24 25 26 27 28 w W "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." 36 26 It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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 3-7 27 I 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U u 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. 28 3% 1 1 2 3 4 5 6 7 8 9 10 11 ’ 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W W 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. 1. 3q 29 1 2 3 4 5 6 7 8 9 10 11 ’ 2 13 14 ’ 5 16 17 ’* 19 20 21 22 23 24 25 26 27 28 w 8 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. 30 !--Io I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 1 g 20 21 22 23 24 25 26 27 28 W a 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 31 h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 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." .... 32 Q 1 1 2 3 4 5 6 7 8 9 10 1 1 l2 13 14 l5 16 17 ' 8 1 g 20 21 22 23 24 25 26 27 28 W 8 "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. 33 w I, 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 l5 16 17 la 19 20 *I 22 23 24 25 26 27 28 W 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 34 L1L-l rl 1 * 3 4 5 6 7 8 9 10 11 '* 13 14 l5 16 17 'a 19 20 21 22 23 24 25 26 27 28 w 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. 35 L6 I, 1 2 3 j 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 1 g 20 21 22 23 24 25 26 27 28 w 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. . c. d. e. f. g. h. 36 96 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 37 Li7 1 2 3 4 e 0 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 79 20 21 22 23 24 25 26 27 28 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 ,I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 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). 39 47 I, 1 2 3 4 5 6 7 8 9 10 1 1 l2 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 m 0 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. 40 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 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. 41 3 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 l8 19 20 *' 22 23 24 25 26 27 20 e 0 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. 42 52 1 2 3 4 5 6 7 8 9 10 1 1 ' 2 13 14 ' 5 16 17 ' 8 19 20 21 22 23 24 25 26 27 28 e 0 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. 52 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ' f3 17 18 ' 9 20 21 22 23 24 25 26 27 28 0 e 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 44 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a e "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." 45 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 l8 19 20 21 22 23 24 25 26 27 28 e e "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 56 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 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. .... .... 57 47 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I1 W e 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% 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 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 1 59 I, I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 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 2 60 /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a e 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. 3 GI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W W 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: 4 LA I/ 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 j7 l8 19 20 21 22 23 24 25 26 27 28 W 0 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 5 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W a 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: 6 G(-l /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 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 7 65 I/ 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 W, 0 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 .... .... .... .... .... .... .... 6G 8 I/ 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 E 16 17 18 19 20 21 22 23 24 25 26 27 28 w 0 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) 9 67 8 0 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 Li 70 - .: 1 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 ’ * 19 20 21 22 23 24 25 26 27 28 W a 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. ... ... -72 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W e 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 73 -2- 1 2 3 4 5~ 6 7 8 9 10 11 12 13 14 15 16 17 ’ s 19 20 21 22 23 24 25 26 27 28 m 0 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 7c1 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W e 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. 75 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 W 0 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) -5- 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tAt W e 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 -P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 e 0 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, .... .... 1 PC RES0 NO. 3922 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e 0 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 19 20 21 22 23 24 25 26 27 20 Planning Director 24 PC RES0 NO. 3922 -3- e 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 e 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 8 e 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 e e 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 8 W 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 8 W 1-92 MELLO li SEGMENT LAND USE PLAN 1. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #f Page 6 < e e 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 8 0 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 $ 0 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 w 0 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 W 0 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 8 e All development in this Area shall be consistent with Batiquitos Lagc Enhancement Plan. Page 12 4, 8 e 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 e 0 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' e e 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 e e 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 e e 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 Page 18 ?- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 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 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 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 1 * 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 m 0 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 1 2 3 4 5 6 7 8 g 10 i i 12 13 14 15 16 17 18 1 g 20 21 22 23 24 25 26 27 28 e e 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) IC 1 I 1 2 3 4 5 6 7 8 9 1o 11 12 l3 14 15 16 ' 7 18 19 20 21 22 23 24 25 26 27 28 W e (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) IC 2 1 2 3 4 5 6 7 8 9 10 l1 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 (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) 3 I1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 g 20 21 22 23 24 25 26 27 28 a e (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) 4 KJLJ 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 8 0 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 /05 1 1 2 3 4 5 6 7 8 9 10 l1 12 13 1 4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 m e 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) 6 /06 1 * 3 4 !5 6 7 8 9 10 11 12 13 14 15 1 6 l7 18 19 2o 21 22 23 24 25 26 27 28 0 0 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. 7 Is7 I 1 2 3 4 5 6 7 8 9 10 l1 12 13 1 4 15 16 1 7 18 19 2o 21 22 23 24 25 26 27 28 e 0 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 I08 8 1 2 3 4 5 6 7 8 9 10 ' ' 12 13 14 15 16 j7 18 19 20 21 22 23 24 25 26 27 28 II e 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) 9 /m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 *6 27 28 I 0 0 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 10 / P 1 * 3 4 C5 6 7 8 9 10 1 1 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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. I, I 11 1 1 2 3 4 5 6 7 8 9 10 1 ' 12 13 14 1 5 16 17 1 8 19 2o *, 22 23 24 25 26 27 28 e e 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 F. G. 12 m 1 * 3 4 5 6 7 8 9 10 1 1 12 13 14 8 e 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." M. 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 '' 16 l7 18 19 20 21 22 23 24 25 26 27 28 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. 13 1 )3 1 Z! 3 4 5 6 7 * 9 10 1 1 12 13 l4 15 16 1 7 18 19 *O 21 22 23 24 25 26 27 28 0 e 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 14 f /'I I/ 1 * 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 -l 7 18 19 ** 21 22 23 24 25 26 27 28 0 e 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 15 I15 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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; 16 I) 0 0 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. 17 /) ';i 1 2 3 4 5 6 7 8 9 1 o 1 1 i2 13 l4 15 1 6 ' 7 18 19 *O 21 22 23 24 25 26 27 28 e e 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 18 /) g 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 l7 18 19 2o 21 22 23 24 25 26 27 28 a 0 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 19 L/4 1 2 3 4 5 6 7 8 9 10 1 1 12 13 l4 15 16 ' 7 18 19 *O 2, 22 23 24 25 26 27 28 e e 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 20 specific factual findings supporting the legal conclusions that the proposed development i I& 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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 /s 21 1. I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 ** 21 22 23 24 25 26 27 28 W 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 g 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 22 I&.? ,I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If w 0 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. 23 12 2 1 2 3 4 5 6 7 8 9 10 l1 12 13 l4 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 W 0 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. 24 jd4 If 1 2 3 4 !3 6 7 8 9 10 1 1 12 13 l4 15 16 17 18 1 g 2o 21 22 23 24 25 26 27 28 e e 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. 25 B. C. D. /J s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W e E. 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. /a76 26 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 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 27 /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I’ 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 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. 28 12 F I 1 2 3 4 W 0 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 E. 5 6 7 8 9 10 1 1 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 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 29 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ' 5 16 17 18 1 g 20 21 22 23 24 25 26 27 28 W e 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: 30 150 1 2 3 4 5 6 7 8 9 10 l1 12 13 14 15 16 l7 18 1 g 20 21 22 23 24 25 26 27 28 W a 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. c. 2. e. f. 31 131' I 1 2 3 4 !5 6 7 8 9 10 I I 12 13 l4 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 ,I a 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 32 1% 1 2 3 4 5 6 7 8 9 10 1 1 12 13 1 4 15 16 1 7 l8 19 20 21 22 23 24 25 26 27 28 0 0 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 33 133 II 1 Z! 3 4 5 6 7 8 9 10 1 ' 12 13 l4 15 16 '' 18 19 2o 21 22 23 24 25 26 27 28 e 0 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. 34 /3</ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 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: A35 35 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 *O 21 22 23 24 25 26 27 28 0 0 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 36 applicable ordinances in the approved Carlsbad Local Coastal Program. Non-beach areas a A. 1. 2. B. 126 1 2 3 4 5 6 7 * 9 10 11 12 13 1 4 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 e e 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 37 /3 7 I 1 2 3 4 5 6 7 8 9 10 11 ' 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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. 38 /3% 1 2 3 4 5 6 7 8 9 10 11 1 2 13 l4 15 16 l7 18 19 2o 21 22 23 24 25 26 27 28 0 0 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 39 ,I 1 2 3 4 5 6 7 8 9 10 1 1 12 13 l4 15 16 I 7 18 19 2o 21 22 23 24 25 26 27 28 e e 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. .... "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 40 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I1 e 0 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 /Yl 41 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 l7 18 19 *O 21 22 23 24 25 26 27 28 e a 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 42 following requirement shall be completed: /xz 1 2 3 4 5 6 7 8 9 10 11 12 13 j4 15 16 j7 18 19 20 21 22 23 24 25 26 27 28 * e 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 43 M-3 I, 1 2 3 4 5 6 7 8 9 10 l1 12 13 1 4 15 16 j7 18 I 9 2o 21 22 23 24 25 26 27 28 e e 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. 44 /44/ If 1 * 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P e 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." A! 4 45 /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e * 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. .... .... .... /YL 1 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, 19 4 5 6 7 8 9 10 11 12 13 16 17 14 15 18 19 20 21 22 23 24 25 26 27 28 e 0 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 e 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V e 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 e e 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. .... 19 1 2 3 4 5 ' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 W e 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- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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. .... lsr I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 21 22 23 24 25 26 27 28 4 /53 I1 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 e e 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 /& c 0 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-- -