HomeMy WebLinkAbout1998-03-03; City Council; 14577; HILLSIDE ORDINANCE AMENDMENT ZCA 96-04|LCPA 96-01AB# 14,577
MTG. 3/3/98
DEPT. CA
TITLE: HILLSIDE ORDINANCE AMENDMENT DEPT.HD. -
CITYATTY. ~
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6 ZCA 96-04lLCPA 96-01
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RECOMMENDED ACTION:
That the City Council adopt Ordinance No. NS-446, approving Zone Code Amendr
04.
ITEM EXPLANATION:
The City Council, at its meeting of February 17, 1998 voted 5-0 to approve the
Ordinance with the following changes:
1. This subsection was amended to add the phrase “For non-residential projects onl:
shown:
“21.95.1 20(C)(l)(b) Development of Downhill Perimeter Slopes
(i) For non-residential projects onlv, the following types of developmenl downhill perimeter manufactured slope shall be limited to a maximum of 6 vertical
measured from the existing grade at the top of the slope:
(a) Decks; and
(b) Retaining Walls.”
2. Subsection 2. Was added to 21.95.120(F) to specify non-residential projects, as s
“21.95.120(F) Contour Grading
2. Contour qraded slopes that are developed in non-residential projects 5
desianed to vary slope aradients between 50% (2:l slope ratio) and 33% (3:l slope ri
FISCAL IMPACT:
There is no fiscal impact as a result of this action.
EXHIBITS:
1. Ordinance No. NS-446
2. Resolution No. 98-44
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ORDINANCE NO. NE-446
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTERS 21.95 AND 21.53, SECTION 21.53.230 OF THE
CARLSBAD MUNICIPAL CODE TO STREAMLINE THE
HILLSIDE DEVELOPMENT PERMIT PROCESS, CLARIFY
AND SIMPLIFY THE HILLSIDE DEVELOPMENT CHAPTER
TO MAKE IT MORE USER FRIENDLY, AND ADD NEW
DEVELOPMENT STANDARDS TO THE HILLSIDE
DEVELOPMENT CHAPTER TO ADDRESS ORDINANCE
ISSUE AREAS.
CASE NAME:
The City Council of the City of Carlsbad, California does
CASE NO.: ZCA 96-04
HILLS I DE ORDl NANCE AM EN DM ENT
ordain as follows:
SECTION I: That Title 21, Chapter 21.05 of the Carlsbad Municipal
repealed and reenacted to read as follows:
“CHAPTER 21.95
HILLSIDE DEVELOPMENT REGULATIONS
Sections:
21.95.01 0 Purpose and intent.
21.95.020 Definitions.
21.95.030 Applicability of hillside development permit.
21.95.040 Exemptions from hillside development permit.
21.95.050 Amendments to hillside development permits.
21.95.070 Review process.
21.95.080 Appeals.
21.95.090 Required findings.
21.95.100 Minimum development of hillside lands.
21.95.1 10 Hillside mapping procedures.
21.95.120 Hillside development and design standards.
21.95.1 30 Exclusions.
21.95.140 Modifications to the development and design standards.
21.95.060 Application.
21.95.01 0 PurPose and intent.
The purposes and intent of this Chapter are to:
Space/Conservation Elements of the Carlsbad General Plan;
A. Implement the goals and objectives of the Land Use ar
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B.
C.
Assure hillside conditions are properly identified and incorl
into the planning process;
Preserve and/or enhance the aesthetic qualities of nature t
and manufactures slopes by designing projects which relate to the slope of th
minimizing the amount of project grading, and incorporating contour gradit
manufactures slopes which are located in highly visible public locations;
D. Assure that the alteration of natural hillsides will be don€
environmentally sensitive manner whereby lagoons and riparian ecosystems
protected from increased erosion and no substantial impacts to natural resource
wildlife habitats or native vegetation areas will occur.
21.95.020 Definitions.
The following definitions are established:
A. Whenever the following terms are used in this Chapter, thr
have the meaning established by this section:
1. “Collector street” means any street with a minimum righl
width of 60 feet which intersects with a Circulation Element Road and provide
primary or secondary access to a residential or non-residential project.
“Contour grading” means a grading concept desi<
result in earth forms which resemble natural terrain characteristics. Horizor
vertical curve variations should be used for slope banks.
“Development” means grade, erect or construct.
“Downhill Perimeter Slope” means a slope located be
2.
3.
4.
pad or gently sloping area (gradient is less than 10%) of a single lot and the prop that is at a lower level than the pad or gently sloping area of the lot.
5.
6.
wholly or partially of either cut or fill material.
7.
8.
9.
10.
11.
“Grade” means to excavate or fill or any combination tt
“Manufactured slope” means a man-made slope cc
“Natural slope” means a slope which is not manufactui
“Project” means any proposal for “development”.
“Slope” means ground that forms a natural or artificial
“Total Graded Area” means all areas of project gradii
on-site and off-site) which are necessary to enable the achievement of the projec
“Uphill Perimeter Slope” means a slope located beh
pad or gently sloping area (gradient is less than 10%) of a single lot and a prop
located at a higher level than the pad or gently sloping area of the lot.
21.95.030 Awlicabilitv Of Hillside Development Permit
No person shall grade, or erect, or construct into or on top of a slol
has a gradient of fifteen percent (15%) or more and an elevation differential gre:
fifteen (15) feet without first obtaining a HilUside Development Permit pursuar
Chapter.
B.
complete prior to the effective date of the ordinance reenacting this Chapter, sh;
subject to the amended provisions of this Chapter but shall be processed and i
or disapproved pursuant to the ordinance superseded by this ordinance.
A.
Any application for a Hillside Development Permit which was
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21.95.040 Exemptions From Hillside Development Permit
Notwithstanding the provisions of Section 21.95.030, the following ne obtain a Hillside Development Permit, provided that the development cornplif
A.
Section 21.95.120 of this Chapter and the City’s Hillside Development and
Guidelines:
The development of one single family dwelling unit on a resid
zoned lot.
On a single lot, the additional development (i.e.; regrading
alteration or building encroachment) of or upon any manufactured slope with a g
of 40% or greater and an elevational difference (height) of 15 feet or greater wh
been previously graded consistent with an authorized grading permit.
3. The development (trenching, utility construction and backfil
underground utility systems.
B. Any development exempted by 21.95.040(A) above, which do
comply with Section 21.95.1 20 and the City’s Hillside Development Guideline!
obtain a Hillside Development Permit or Hillside Development Permit Amei
pursuant to this Chapter.
Any project that has received final approval of a Hillside Devel
Permit prior to the effective date of this ordinance is exempted from the provision!
Chapter, provided that such permit or approval has not expired or is not otl
revoked, and the development is in accordance with the existing Hillside Devel
Permit and related approvals.
21.95.050 Amendments To Hillside Development Permits
An amendment to a Hillside Development Permit shall be processel
same manner as an original application for a I-lillside Development Permit.
Unless exempted by Section 21.95.040, a Hillside Development
Amendment shall be required for any portion of a project which has a
Development Permit that is proposed for redesign and otherwise requires a
Development Permit per Section 21.95.030.
21.95.060 Application
Application for a Hillside Development Permit shall be made in accordar
the procedures set forth in this Section.
An application for a Hillside Development Permit may be n
the record owner or owners of the property affected or the authorized agent of thi
or owners. The application shall be filed with the Planning Director upon forms F
by the Director. The application shall be accompanied by adequate plans, whic
for detailed review pursuant to this Chapter and demonstrate compliance with
Mapping Procedure9 in Section 21.95.110, a legal description of the property
other materials and information specified by the Director.
At the time of filing the application, the applicant shall
1.
2.
C.
A.
B.
A.
B.
. processing fee in an amount specified by City Council resolution.
21.95.070 Review Process
Hillside Development Permit - An application for a Hillside Deve
Permit or Hillside Development Permit Amendment shall be processed and a
concurrently with any other development permits required by Titles 11, 18, 20
A.
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this code. The same decisionmaking body or official which has the authority tc
approve, conditionally approve or deny the other development permits required
project shall have the authority to finally approve, conditionally approve or deny a
Development Permit. Amendments to Hillside Permits shall be acted on by th
decision making body that approved the original Hillside Permit and any sub!
Hillside Permit Amendments.
B. Exemptions - Development satisfying the Hillside Development
Exemptions, set forth in Section 21.95.040(A), shall be evaluated for compliar
Section 21.95.120 and the Hillside Development and Design Guidelines through I
grading plan and/or building plan review processes.
21.95.080 ADDeals
Hillside Development Permits - The decision of the final decision
body or official is final and effective ten calendar days after the adoption of the re
or written decision, unless within such ten-day period the applicant or an
interested person files a written appeal utilizing the same appeal procedure applic
the other permits which are processed concurrently with the Hillside Devel
Permit. If no other discretionary permits are being processed concurrently \I
Hillside Development Permit, then the appeal procedures contained in Section 21
shall apply.
Decisions regarding Hillside Development Permit Exemptions, wt
reviewed through the grading plan and/or building plan review processes,
appealed to the City Council utilizing the same appeal procedure applicable to
permits and/or building permits.
A.
6.
21,95,090 Rewired Findinqs
A. No hillside development permit shall be approved unless the (
making body or official finds that:
1. Undevelopable areas of the project, pursuant to Sut
21.53.230(b) of this Code, have been properly identified;
2. The project complies with the Purpose and Intent provis
Section 21.95.010 of this Chapter.
3. The project complies with Section 21.95.120 of this Chap
Section 21.95.140 if a modification to the Development and Design Stanc
approved.
Development Guidelines manual.
21.95.100
4. The project design substantially conforms to the
Minimum DeveloDment Of Hillside Lands
A.
B.
C.
The provisions of this Chapter shall be applied so as to:
Not preclude a reasonable use of a legal parcel which i
Not preclude the efficient and safe provision of public fac
Allow development of at least one single family dwelling
hillside conditions as regulated by this Chapter:
services to any legal parcel; and
parcel described in subsection A.
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21.95.1 10 Hillside Mawing Procedures
A slope analysis and slope profiles shall be illustrated on a constraints rn;
shall accompany all development submittals which propose grading or developr
greater than fifteen feet.
natural and manufactured slopes within each of the following slope categories.
0 - less than 15% slopes
15 - less than 25% slopes
25 - 40% slopes and
a.
Vertical Distance
(Contour interval)
Horizontal Distance
(Distance between contour intervals)
slopes which have a gradient of fifteen percent or more and have an elevation diff
A. Slope Analysis. The slope analysis shall identify the acreag
1.
2.
3.
4. Slopes greater than 40%
Percentage of slope is determined by:
x 100 = % Slope
B. Slope Profiles. A minimum of three slope profiles (slopr
sections) shall be included with the submittal of the slope analysis on the con
map. Slope profiles shall:
1. Be drawn at the same scale and indexed or keyed
constraints map, grading or preliminary grading pian and project site map;
2. Show both existing and proposed topography, structu
surface infrastructure. Proposed topography, structures and infrastructure s
drawn with a solid heavy line. Existing topography, structures and infrastructure :
drawn with a thin or dashed line;
Include the slope profile for at least one hundred feet
of the project site boundary or adjacent public street;
Be drawn along those locations of the project site whei
a. The greatest alteration of the existing topogr
3.
4.
proposed,
and b. The most intense or bulky development is prc
c. The site is most visible from surrounding land us
Two of the slope profiles shall be roughly parallel 1
other and roughly perpendicular to existing contour lines. The remaining slop^
shall be roughly at a forty-five degree angle to the other slope profiles and
contour lines. *
C. Assurance of Accurate Hillside Mapping. Both the slope i
and slope profiles shall be stamped and signed by either a registered lar
architect, civil engineer or land surveyor indicating the datum, source and 5
topographic data used in the slope analysis and slope profiles, and attesting to
that the slope analysis and slope profiles have been accurately calculated and id
consistent with this section.
Development which is exempt per Section 21.95.040 or e
5.
D.
5.
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per Section 21 -95.130 is generally exempt from the hillside mapping requirement:
section except in cases where the Planning Director determines that hillside mal
necessary to assess project compliance with the Hillside Ordinance.
21.95.1 20
erect or construct into or on top of a natural slope or manufactured slope whic
gradient of fifteen percent (1 5%) or more and an elevation differential greater thar
(1 5) feet.
Hillside DeveloDment And Desian Standards
The provisions of this Section shall apply to all projects that propose tc
A. Coastal Zone Hillside Development Regulations
1. All development on natural slopes of twenty-five per
21 203 of the Carlsbad Municipal Code and the slope protection policies of the ap
Local Coastal Program segment. Additionally, all hillside development prc
pursuant to this Chapter shall be consistent with all applicable provisions and PO
the certified Local Coastal Program(s) and shall not result in significant adverse
to coastal resources.
greater within the coastal zone shall comply with the requirements of Chapters 22
B. Development of Natural Slopes of Over 40% Gradient
1. Natural slopes which have all of the following charac
a. A gradient of greater than 40%; and
b. An elevation differential of greater than 15 feet;
c. A minimum area of 10,000 square feet; and
d. The slope comprises a prominent land form feat
Projects which propose the development of natural
defined in Subsection 21.95.120(B)(I) above shall nevertheless be allowed, on
project qualifies as an exclusion or obtains a modification, pursuant to 2
21.95.130 and 21.95.140, respectively.
shall be undevelopable:
2.
C. Development of Manufactured Slopes of Over 40% Gradient
1. Manufactured slopes which have a gradient of greal
40% and an elevation differential of greater than 15 feet shall be subject to the fc
development standards.
a. Development of Uphill Perimeter Slopes.
(i) The following types of development an
an uphill perimeter manufactured slope shall be limited to a maximum of 6 vertical
measured from the existing grade at the toe of slope:
(a) Main building(s);
(b) Accessory buildings; and
(c) Retaining Walls.
(ii) Decks may be constructed upon ar
perimeter manufactured slope up to the required building setback(s) of the unc
zone. Development of Downhill Perimeter Slopes b.
(i) For non-residential projects only, the fc
types of development over a downhill perimeter manufactured slope shall be timi?
maximum of 6 vertical feet as measured from the existing grade at the top of slope
(a) Decks; and
(b) Retaining Walls.
6.
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(ii) the same point that a 6 foot vertical retaining wall would be permitted.
(iii) over the top/edge of a Downhill Perimeter Slope.
do not apply to manufactured slopes which are not located along perimeter propel
(including intervening manufactured slopes between split level pads which are loc
a single lot).
1. The volume of earth moved for cuts and fills s
2. The relative acceptability of hillside grading volume I
Deck surface areas shall be allowed to ex
No main or accessory building may er
c, The manufactured slope standards, within this
D. Volume of Grading
minimized .
determined by the following:
Cubic Yards of Cut or Fill
Grading per Acre of Cut
and Fill Area (in acres)
0 -7,999 cubic yards/acre Acceptable
8,000 - 10,000 cubic
yard s/acre
> 10,000 cubic yards/acre Unacceptable
Relative Sensitivity of
Hillside Grading Volume
Potentially acceptable
3. The methodology for determining the volumes of both
and fill in cubic yards shall be calculated as follows. A grading and preliminary
plan, shall be prepared and shall include: the cut or fill volumes noted for each p
cut or fill and the total volume of cut and fill for the project. The larger volume of
cut or total fill volumes divided by the total graded area (in acres) shall equal the
of hillside grading for the project.
Applications proposing grading volumes which are PC
acceptable (eight thousand to ten thousand cubic yards/acre of cut or fill) shall preliminary grading plan, submit for review specific written findings justifying the
for the amount of grading, subject to the approval of the Planning Director i
Engineer.
5. Applications proposing grading . volumes whic
unacceptable (greater than ten thousand cubic yards/acre of cut or fill) shall be
only if they qualify as an exclusion or modification pursuant to Section 21.95.
21.95.140 of this Chapter respectively.
4.
E. Slope Height.
1. Manufactured slopes shall not be greater than forty
2. Slope Height Exclusions. See Section 21.95.130
in height.
Chapter.
F. Contour Grading.
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1. All manufactured slopes which are greater than twer
feet in height and two hundred (200) feet in length and which are located adjace
are substantially visible from a Circulation Element road, collector street or L
public open space area shall be contour graded.
2. Contour graded slopes that are developed in non-res
projects shall be designed to vary slope gradients between 50% (2:l slope rat
33% (3:l slope ratio).
1.
G. Screening Manufactured Slopes.
All manufactured slopes shall be landscaped consist6
the City's Landscape Manual.
H. Hillside and Hilltop Architecture.
I.
1.
Slope Edge Building Setbacks (pursuant to this Chapter),
Hillside and hilltop structures shall be consistent w
architectural guidelines included within the City's Hillside Development Guidelines.
Slope edge building setbacks shall be sufficient to el
or significantly reduce views of vertical building forms which would be
incompatible with hillside landforms. Notwithstanding the building setback requir
of the underlying zone, all main and accessory buildings that are developed on
andlor pads created on downhill perimeter slopes of greater than fifteen (15)
height shall be setback so that the building does nd intrude into a .7 foot horizor
foot vertical imaginary diagonal plane that is measured from the edge of slope
building. For all buildings which are subject to this slope edge building setback st;
a profile of the diagonal plane shall be submitted with all other development app
requirements.
Building setbacks pursuant to this Chapter do not appl)
a. Slopes which are less than 15 feet in height;
b. the intervening slopes of split-level pads whi
c. downhill slopes which are located along the sic
d. substandard residential lots where the tople
slope setback standards would preclude a reasonable use of the property.
If a Downhill Perimeter Slope is regraded (filled) COI
with Subsection 21.95.120(C) of this Chapter, and a vertical retaining structure i
then the required building setback shall be measured from the edge of slope
existed prior to regrading (filling).
Fencing proposed along a slope edge should be of 2
design which does not visually extend the height of the slope. Exceptions
provision may include, but are not limited to, noise attenuation walls, privacy L
security walls.
1.
2.
located on a single lot, but do apply to the edge of slope of the lowest pad;
of residential lots; and
3.
4.
J. Roadway Design.
1. Hillside roadway Qesign shall be consistent with thf
' Hillside Development Guidelines Manual.
K. Hillside Drainage.
1. Hillside drainage shall be consistent with the City's
Development Guidelines.
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21.95.1 30 Exclusions
The following are excluded from the Hillside Development and
Standards of Section 21.95.120:
1. Hillside areas where a Circulation Element roadway or a t
street must be located provided that the proposed alignment(s) are environr
preferred and comply with all other City standards.
Grading volumes, slope heights and graded areas which are
associated with Circulation Element roadways or collector streets, provided 1
proposed alignment(s) are environmentally preferred and comply with all ott
standards.
Hillside areas that have unusual geotechnical or soil conditic
necessitate corrective work that may require significant amounts of grading.
21.95.140 Modifications To The Develomnent And Desiqn Standards
The decisionmaking body or official may approve a modificatior
Hillside Development and Design Standards of Section 21.95.120 if it finds
proposed development complies with the Purpose and Intent provisions of
21.95.010 and makes one or more of the following findings:
1. The proposed modification will result in significantly moi
space or undisturbed area than would a strict adherence to the requirements of
21.95.120.
2. The proposed modification will result in the developr
manufactured slopes which are more aesthetically pleasing and natural appeari
would a strict adherence to the requirements of Section 21.95.120.
Any request for a modification to the development and design stan
this Chapter shall be accompanied by two preliminary grading plans. One pl
illustrate how a site would be developed with a strict adherence to the requirer
Section 21.95.1 20. The second set shall illustrate the extent and type of the re
modification. This plan shall also be accompanied by any other documentation
by the decisionmaking body to determine that the proposed modifications will re
superior project with less adverse environmental impacts.
If a modification is proposed to allow grading in excess of ten t
cubic yards/acre of cut or fill, or a manufactured slope in excess of forty (40
height, the applicant shall submit both written and graphic exhibits to justify the F
grading to the satisfaction of the decisionmaking body or official. In addition, a
mitigation and landscaping plan shall be submitted as part of the application. 1
shall illustrate the mitigation measures and landscaping utilized to screen the F
grading.
D. Development on land designated for nonresidential developmt
comply with all requirements of this Chapter except Sections 21.95.1 20
21.95.120(E). Any nonresidential project proposing grading in excess of ten I
both written and graphic exhibits to justify the proposed grading to the satisfacti
decisionmaking body. "
A.
2.
3.
A.
B.
C.
cubic yards per acre or creating slopes in excess of forty (40) feet in height shal
SECTION II: That Subsection (b) of Section 21.53.230 of the
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Municipal Code is amended to read as follows:
“21 33.230 Residential Densitv Calculations, Residential Develc
Restrictions on ODen Space and Environrnentallv Sensitive Lands
For the purposes of Titles 20 and 21 of this code, res (a) density shall be determined based on the number of dwelling units per developat
of property.
(b) shall be excluded from density calculation
The following lands are considered to be undevelopa
(I) Beaches;
(2) Permanent bodies of water;
(3) Floodways;
(4) Natural slopes with an inclination of greater \h
percent except as permitted pursuant to Section 21.95.120(B) of this Code;
(5) Significant wetlands;
(6) Significant riparian or woodland habitats;
(7) Land subject to major power transmission easel (8) Land upon which other significant enviro
features as determined by the environmental review process for a project are locz
(9) Railroad track be&.
No residential development shall occur on any propel
in subsection (b). Subject to the provisions of Chapters 21.33 and 21.110,
council may permit limited development of such property if, when conside
property as a whole, the prohibition against development would consti
unconstitutional deprivation of property. The planning commission or city
whichever is the final decisionmaking body for a residential development ma:
accessory facilities, including, but not limited to, recreational facilities, view are
vehicular parking areas, to be located in floodplains (subject to Chapter 21 .I IO:
land subject to major power transmission easements.
(d) Residential development on slopes with an inclin
twenty-five to forty percent, inclusive, shall be designed to minimize the an
grading necessary to accommodate the project. For projects within the coastal z
grading provisions of the Carlsbad local coastal program shall apply.”
(c)
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and C;
be published at least once in a publication of general circulation in the City of (
within fifteen days after its adoption, except in the Coastal Zone where it t
effective upon certification by the California Coastal Commission.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify the adoption of this ordinance and cam
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published at least once in a newspaper of general circulation in the City of C
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlst
Council On the 17th day Of February , 1998, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Counc
City of Carlsbad on the 3rd day of March , 1998, by the followii
to wit:
AYES:
NOES: None
ABSENT: Council Member Finnila
Council Members Lewis, Nygaard, Kulchin and Hall
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
ATTEST:
ALETHA L. RhTENKRANZ, City Clam
(SEAL)
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EXHIBIT 2 e e
RESOLUTION NO. 98-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION, ZONE CODE AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT, TO AMEND TITLE
21, CHAPTERS 21.95 AND 21.53 OF THE CARLSBAD
MUNICIPAL CODE TO STREAMLINE THE HILLSIDE
DEVELOPMENT PERMIT PROCESS, CLARIFY AND
SIMPLIFY THE ORDINANCE TO MAKE IT MORE USER
FRIENDLY AND ADD NEW DEVELOPMENT STANDARDS
TO ADDRESS ORDINANCE ISSUE AREAS.
CASE NAME: HILLSIDE ORDINANCE AMENDMENT
CASE NO.: ZCA 96-04/LCPA 96-01
The City Council of the City of Carlsbad, California, does hereby I
as follows:
WHEREAS, the Planning Commission did on January 7, 1998, hold
noticed public hearing as prescribed by law to consider the Negative Declaratior
Code Amendment 96-04 and Local Coastal Program Amendment 96-01 and a
Planning Commission Resolutions No. 3939, 3940 and 3941 recommending to tl
Council that they be approved; and
WHEREAS, the City Council did on the 17th day of February
hold a duly noticed public hearing as prescribed by law to consider the Nf
Declaration and proposed amendment to the Zoning Ordinance and Local (
Program; and
WHEREAS, at said public hearing, upon hearing and considei
testimony and arguments, if any, of all persons desiring to be heard, the City (
considered all factors relating to the Negative Declaration, Zone Code Amendmc
Local Coastal Program Amendment.
The City Council of the City of Carlsbad, California does hereby I
as follows:
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1.
2.
That the above recitations are true and correct.
That the findings of the Planning Commission in Resolutic
3939, 3940 and 3941 constitute the findings of the City Co
this matter.
3. That the Negative Declaration, Zone Code I\mendment an
Coastal Program Amendment, ZCA 96-04 and LCPA
respectively, are approved as shown in Planning Com
Resolutions No. 3939, 3940 and 3941 on file with the Cil
and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the City Counci
City of Carlsbad on the 17th day of / $668, by the following c
wit:
Febru
AYES:council Members Lewis, Nygaard, Ramona, Kulchin & Hal
NOES: None
ABSENT: None
fIL&UDk-A%%$iS,”Mafor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-2-