HomeMy WebLinkAbout2021-07-01; Status of the Local Coastal Program Update (Districts - All); Murphy, JeffTo the members of tre:
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Council Memorandum
July 1, 2021
To:
From:
Via:
Re:
Honorable Mayor Hall and Members o
Jeff Murphy, Community Development Dir
Gary Barberio, Deputy City Manager, Co
Geoff Patnoe, Assistant City Manager
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y Services
Status of the Local Coastal Program Update (Districts -All)
{city of
Carlsbad
Memo ID #2021131
This memorandum provides information on the status of the Local Coastal Program Update and
related community engagement for an upcoming City Council meeting, which is tentatively
scheduled for Aug. 24, 2021.
Background
The California Coastal Act (Act) requires cities along the California coast, within the Coastal Zone,
to prepare a Local Coastal Program that implements the Act. Carlsbad's existing Local Coastal
Program was approved in the 1980s. In November and December 2014, the city received two
grants from the California Ocean Protection Council and California Coastal Commission, for a
total of $228,000 in grant funds, to evaluate and establish policies to address sea level rise and to
comprehensively update the city's Local Coastal Program.
The draft Local Coastal Program Land Use Plan, including policies that address sea level rise, was
released for public review in October 2019. In December 2019 and January 2020, staff presented
an informational overview of the draft Local Coastal Program Land Use Plan to the Planning
Commission and City Council, respectively.
Discussion
On Dec. 2, 2020, Jan. 6, 2021 and Jan. 13, 2021, the Planning Commission held a public hearing to
consider the draft Local Coastal Program Land Use Plan, including associated amendments to the
Local Coastal Program Land Use Plan and zoning maps, the Village and Barrio Master Plan and
Poinsettia Shores Master Plan. On Jan. 13, 2021, the Planning Commission voted unanimously to
recommend approval of the draft Local Coastal Program Land Use Plan and associated
amendments, with revisions.
Staff is currently preparing a City Council Staff Report that requests City Council approval of the
draft Local Coastal Program Land Use Plan and associated amendments, with revisions
recommended by the Planning Commission. The item is tentatively scheduled for the
Aug. 24, 2021, City Council meeting.
Council Memo -Status of the Local Coastal Program Update (Districts -All)
July 1, 2021
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In advance of the Aug. 24, 2021, City Council meeting, the community will be informed ofthe
upcoming City Council meeting bye-update, website, newspaper, and a postcard mailed to all
property owners in the Coastal Zone, as was done for the Planning Commission public hearing.
During the drafting of the Local Coastal Program Land Use Plan, the community participated in
three workshops, stakeholder meetings, city website updates, and by submitting written
comments on the draft Local Coastal Program Land Use Plan. More information about
community participation is described in the Dec. 2, 2020, Staff Report to the Planning
Commission (Attachment A).
For the City Council's information, a copy of the draft Local Coastal Program Land Use Plan, dated
September 2019, can be viewed via the following link. A hard copy can be made available upon
request:
https://www.carlsbadca.gov/home/showpublisheddocument/5807/637565927651730000
Planning Commission Resolution No. 7389 recommends approval of the draft Local Coastal
Program Land Use Plan, with revisions:
https://records.carlsbadca.gov/Weblink/DocView.aspx?id=5299606&dbid=0&repo=CityofCarlsb
ad&sea rch id=lae97764-82ef-4bd b-9769-78afce lbf140
An analysis of how the city's existing Local Coastal Program policies are addressed by the draft
Local Coastal Program Land Use Plan (i.e., if and how the existing policy is retained, modified or
not included in the updated plan) is provided in Attachment 4 of the Dec. 2, 2020, Planning
Commission Staff Report (Attachment B).
More information about the draft Local Coastal Program Land Use Plan and associated
amendments, including public comment letters, can be found here:
https:ljwww.carlsbadca.gov/departments/community-development/planning/local-coastal-
program-and-zone-code-update/phase-2-local-coastal-program-update
Next Steps
On Aug. 24, 2021, a City Council public hearing is tentatively scheduled to consider approval of
the draft Local Coastal Program Land Use Plan (and associated amendments and zoning maps),
the Village and Barrio Master Plan and Poinsettia Shores Master Plan.
Following City Council approval, staff will submit the Local Coastal Program Land Use Plan, and
associated amendments, to the California Coastal Commission for review and approval. The
Local Coastal Program Land Use Plan Update will become effective when certified by the
California Coastal Commission.
Attachments: A. Staff Report to the Planning Commission, dated Dec. 2, 2020
B. Attachment 4 of the Staff Report to the Planning Commission, dated
Dec. 2, 2020 -(Due to the size of Attachment B, a hardcopy is on file in the
Office of the City Council, as reference)
Council Me_mo -Status of the Local Coastal Program Update {Districts -All)
July 1, 2021
Page 3
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Kristina Ray, Communication & Engagement Director
Don Neu, City Planner
Eric Lardy, Principal Planner
Jennifer Jesser, Senior Planner
Attachment A
PLANNING COMMISSION
ltemNo. G)
Application complete date: N/A
P.C. AGENDA OF: December 2, 2020 Project Planner: Jennifer Jesser
Project Engineer: N/A
SUBJECT: LCPA 15-07/ZC 2020-0002/AMEND 2020-0016 (DEV15061l/AMEND 2020-0014
(DEV08014) -Local Coastal Program Update -A request for a Planning Commission
recommendation of approval of a comprehensive Local Coastal Program Land Use Plan
update, including associated amendments to other components of the Local Coastal
Program -Zoning Map, Poinsettia Shores Master Plan and Village and Barrio Master Plan .
The preparation and adoption of a local coastal program by a local government is
statutorily exempt from the California Environmental Quality Act (CEQA) per CEQA
Guidelines Section 15265.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7389 RECOMMENDING
APPROVAL of a Local Coastal Program Land Use Plan update (LCPA 15-07) and associated Zone Change
(LCPA 15-07 /ZC 2020-0002), Poinsettia Shores Master Plan Amendment (LCPA 15-07 /AMEND 2020-0016)
and Village and Barrio Master Plan Amendment (LCPA 15-07 / AMEND 2020-0014), based on the findings
contained therein.
II. PROJECT DESCRIPTION
The draft City of Carlsbad Local Coastal Program Land Use Plan (Attachment 1, Exhibit lA), with associated
zone changes, Poinsettia Shores Master Plan amendment (Attachment 1, Exhibit lC) and Village and
Barrio Master Plan amendment (Attachment 1, Exhibit 1D), reflect a comprehensive update to the city's
Local Coastal Program. The objectives of the update are to be consistent with the California Coastal Act,
recent guidance from the California Coastal Commission, and the city's General Plan (adopted in 2015).
Ill. BACKGROUND
A. California Coastal Act and Purpose of Local Coastal Programs
The California Coastal Act of 1976 was approved by a voter initiative to "ensure maximum public access
to the coast and public recreation areas." Ever since, cities along the California coast (within the Coastal
Zone) have been required to prepare a Local Coastal Program to show how the cities will implement the
act. In Carlsbad, about 37% of the city is in the Coastal Zone (Figure 1-2 of the draft Local Coastal Program
Land Use Plan shows the Coastal Zone boundary in Carlsbad).
Per the Coastal Act, a local coastal program is required to address the following topics:
0
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Table 1: Topics Addressed in a Local Coastal Program
Topic Description
Public access Protection of public access to the sea, coastal beaches and recreational
opportunities
Recreation Protection of certain water-oriented activities and land for recreational use
Marine Protection of marine resources, including biological productivity and water
environment quality
Land Resources Environmentally sensitive habitat areas, agriculture, archaeological and
paleontological resources
Location, scenic and visual qualities, maintenance and enhancement of public
Development access, minimization of adverse impacts, public facilities to meet needs of
development, and priority of coastal-dependent development
Local coastal programs are basic planning tools that allow local governments to permit development in
the coastal zone consistent with the Coastal Act. After a local coastal program land use plan and an
implementation plan (such as a zoning ordinance) are certified by the Coastal Commission, the authority
to approve or deny coastal development permits is transferred to the local government; however, the
Coastal Commission retains permanent authority to approve or deny coastal development permits for
development proposed on tidelands, submerged lands, and public trust lands.
Following adoption and certification of the city's draft Local Coastal Program Land Use Plan, Carlsbad's
implementation plan (zoning ordinance) will be updated consistent with the updated land use plan
policies.
B. History of Carlsbad's Local Coastal Program Land Use Plan
The city's existing Local Coastal Program consists of six land use plans that apply to six specific geographic
segments of the city's Coastal Zone:
• Agua Hedionda Lagoon segment
• Mello I segment
• Mello II segment
• East Batiquitos Lagoon/Hunt Properties segment
• West Batiquitos Lagoon/Sammis Properties segment
• Village and Barrio segment
Draft Local Coastal Program Land Use Plan Figure 1-3 shows the boundaries of the existing Local Coastal
Program segments. The draft Local Coastal Program Land Use Plan proposes to merge all six segments
and create one unified plan for all of Carlsbad's Coastal Zone. Policies related to specific geographic or
resource areas (e.g., the Village and Barrio, and areas subject to the ,Habitat Management Plan) are still
important components of the plan and are clearly identified in each chapter.
Draft Local Coastal Program Land Use Plan Chapter 1 provides more information about the history of
Carlsbad's Local Coastal Program.
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C. Relationship to the General Plan
Carlsbad's Local Coastal Program Land Use Plan and General Plan both provide policies that guide the
physical development of Carlsbad's Coastal Zone; however, the General Plan is not a component of the
Local Coastal Program. While they are two separate documents, some of the descriptive text and some of
the policies are the same. Detailed discussion of Coastal Act requirements and goals is included only in
the Local Coastal Program Land Use Plan, while issues that are not directly relevant to the Coastal Act are
covered only in the General Plan. The Coastal Commission does not have authority to take any action
related to the General Plan.
D. Why Update Carlsbad's Local Coastal Program Land Use Plan
The primary reasons and objectives for updating the Local Coastal Program Land Use Plan are :
1. State Grants
In November and December 2014, the Coastal Commission and Ocean Protection Council awarded
the city two grants ($228,000 total) to conduct a sea level rise vulnerability analysis and
comprehensively update the city's Local Coastal Program. The draft Local Coastal Program Land Use
Plan and City of Carlsbad Sea Level Rise Vulnerability Assessment (Appendix B of the draft Local
Coastal Program Land Use Plan) were partially funded by the state grants.
2. Current Conditions and Coastal Commission Guidance
The city's Local Coastal Program has not been comprehensively updated since its original adoption in
the 1980s and does not adequately address all current topics/requirements, such as sea level rise
hazards. The Coastal Commission has, in recent years, provided guidance on information to be
included in a local coastal program update. The update of the Local Coastal Program Land Use Plan,
including the sea level rise vulnerability assessment, were prepared in consultation with local Coastal
Commission staff and are based, in part, on adopted and draft guidance from the California Coastal
Commission:
• California Coastal Commission Sea Level Rise Policy Guidance; August 2015; revised November
2018 (https://www.coastal.ca.gov/climate/slrguidance.html)
• Draft California Coastal Commission Residential Adaptation Policy Guidance -Interpretive
Guidelines for Addressing Sea Level Rise in Local Coastal Programs; March 2018
(https://documents.coastal.ca.gov/assets/climate/slr/vulnerability/residential/RevisedDraftResi
dentialAdaptationGuidance.pdf)
• California Coastal Commission Local Coastal Program (LCP) Update Guide Part I -Updating LCP
Land Use Plan (LUP) Procedures; April 2007; revised July 2013
(https://www.coastal.ca.gov/rflg/lcp-planning.html)
3. Consistency with the 2015 General Plan
The scope of work for the General Plan update, which was approved by the city in 2015, originally
included a corresponding comprehensive Local Coastal Program Land Use Plan update to ensure
consistency between the two land use policy documents. The two policy documents address many of
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the same topics and it is important that the policies align and do not conflict. However, due to the
complexity of the General Plan update, it was not feasible to comprehensively update the Local
Coastal Program and the General Plan at the same time. Therefore, the Local Coastal Program update
was deferred until after the General Plan update. The Local Coastal Program Land Use Map was
updated concurrently with the General Plan update, but the policies of the Local Coastal Program
Land Use Plan were not updated. A primary focus of the proposed Local Coastal Program update is
to update its policies consistent with the 2015 General Plan update.
4. Obsolete and Repetitive Policies
The existing Local Coastal Program land use plans contain site-specific policies that have been
implemented (through development} or are repeated numerous times for various sites throughout
the Coastal Zone (e.g. existing policies related to water quality protection are repeated multiple times
on a site-specific basis}. The draft Local Coastal Program Land Use Plan proposes to replace most of
these obsolete/repetitive site-specific policies with policies that protect coastal resources and access
to the coast on a Coastal Zone-wide basis. However, site/area-specific policies that are still relevant
and unique to a site/area are addressed in the draft Local Coastal Program Land Use Plan.
E. Scope of Local Coastal Program Land Use Plan Update
The scope of work for the Local Coastal Program Land Use Plan update is limited to updating existing Local
Coastal Program policies to be consistent with the California Coastal Act, recent guidance from the
California Coastal Commission, and the city's 2015 General Plan. The scope of work for the update does
not include revisioning of land uses in the Coastal Zone, as the Local Coastal Program update relies on the
land use planning done for the 2015 General Plan. The land use planning completed for the 2015 General
Plan included development of the Carlsbad Community Vision, as well as analysis of the future use of
vacant and underdeveloped lands throughout the city, which resulted in a "preferred land use plan"
recommended by a 19-member citizens committee and approved by the City Council.
Although five years has passed since the General Plan was adopted, the General Plan land use planning
process remains relevant and applicable to the Local Coastal Program Land Use Plan update. The General
Plan and Local Coastal Program Land Use Plan are long-range land use planning documents. The land use
policies are intended to guide development for at least 20 years. Long-range, comprehensive land use
planning efforts are not conducted on a regular basis and require significant time and resources. On
occasion, however, in between comprehensive updates, the city may decide there is a need to reevaluate
land use policies for a specific site or area and initiate a site/area-specific planning effort. The scope of
work for the Local Coastal Program Land Use Plan update does not reevaluate land use for any site, except
in the context of updating existing Local Coastal Program land use policies to be consistent with the
General Plan.
F. Community Participation
As mentioned above, the Local Coastal Program Land Use Plan update relies on the land use planning
completed as part of the 2015 General Plan update. The land use policies of the General Plan, and now
proposed as part of the Local Coastal Program, were established through an extensive community
participation effort. Approximately 8,000 community members directly participated in activities such as
workshops, community surveys, and other public meetings. The following is a summary of the community
participation activities conducted during the preparation of the General Plan land use policies:
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Table 2: Land Use Policy -Community Participation Activities
19-member Envision Carlsbad Citizens Committee Two community workshops on land use
(EC3) meetings (18 meetings) alternatives
Stakeholder meetings (business organizations, A citywide survey on land use alternatives ·
developers, interest groups)
Meetings with the Planning Commission and Website, media, newspaper, notices
City Council regarding the Carlsbad Community
Vision, land use alternatives, the preferred land
use plan, and draft General Plan
In addition to the previous community involvement, the following community participation activities
occurred during the Local Coastal Program Land Use Plan update:
Table 3: Additional Community Participation Activities
One community meeting introducing the Local One community meeting and panel discussion
Coastal Program update process and the topic of regarding sea level rise adaptation
sea level rise
One community meeting introducing the draft Stakeholder meetings
Local Coastal Program Land Use Plan and initiating
the public review process
Website, media, newspaper, notices
IV. ANALYSIS
The following information is addressed in this analysis section:
A. Format of proposed draft Local Coastal Program Land Use Plan
B. Highlights of draft Local Coastal Program Land Use Plan
C. Land use and zone changes
D. Village and Barrio Master Plan and Poinsettia Shores Master Plan amendments
E. Existing and proposed Local Coastal Program land use policies
F. Significant new policies and hot topics
G. Compliance with the city's Growth Management Plan
H. Consistency with the McClellan-Palomar Airport Land Use Compatibility Plan
I. Recommended revisions to the draft Local Coastal Program Land Use Plan
J. Public comments
A. Format of proposed draft Local Coastal Program Land Use Plan
The draft Local Coastal Program Land Use Plan is organized by chapters that are based on the topics
addressed in the Coastal Act. Table 4 provides a summary description of the proposed draft Local Coastal
Program chapters:
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Table 4: Draft Local Coastal Program Land Use Plan Chapters
Chapter Description
1 Introduction Introduces and describes the purpose and organization of the Local
Coastal Program Land Use Plan.
Describes how land and development are regulated in Carlsbad's
2 Land Use Coastal Zone consistent with the Coastal Act. It includes the Local
Coastal Program Land Use Map, land use designations, standards for
density, and land use related policies.
Describes Carlsbad's existing public recreational resources and visitor-
3 Recreation and Visitor-serving uses and attractions and identifies policies to ensure that
Serving Uses community members and visitors have continued access to coastal
recreational opportunities and accommodations.
Describes Carlsbad's existing and future coastal access network and
4 Coastal Access provides policies that ensure coastal access is protected and
enhanced, consistent with the Coastal Act.
Agricultural, Cultural Describes the agricultural, cultural, and scenic resources found in
5 and Scenic Resources Carlsbad's Coastal Zone and provides policies that guide the city in
the protection of those resources.
Environmentally Describes the natural coastal resources found in Carlsbad's Coastal
Zone, which include environmentally sensitive habitat areas and 6 Sensitive Habitat Areas
and Water Quality marine and coastal water quality; also provides policies that guide the
city in the protection ofthose resources.
Identifies coastal hazards (sea level rise, flood, geologic, and fire) and
7 Coastal Hazards provides policies that guide new development to reduce risks to life
and property and to avoid substantial changes to natural landforms.
8 Glossary Defines terms used in the Local Coastal Program Land Use Plan that
are technical or specialized, or that may not reflect common usage.
Carlsbad's portion of the North Coast Corridor Public Works
Appendix A Plan/Transportation and Resource Enhancement Program (NCC
North Coast Corridor Public PWP/TREP), which is a plan prepared by Caltrans and SANDAG to
Works Plan Overlay authorize transportation, community and resource enhancement
along 1-5 and the railroad corridor from La Jolla to Oceanside.
Appendix B A Carlsbad-specific sea level rise vulnerability analysis that identifies
City of Carlsbad Sea Level areas that are vulnerable to projected sea level rise hazards (bluff
Rise Vulnerability Assessment erosion, flood, inundation).
B. Highlights of draft Local Coastal Program Land Use Plan
Attachment 2 highlights and describes some of the key topics addressed in the draft Local Coastal Program
Land Use Plan.
C. Land Use and Zoning map changes
As discussed further in section IV.F.5 below, changes to Local Coastal Program land use/zone designations
are proposed for the power plant and strawberry fields, as shown below. The changes will ensure
consistency with the General Plan land use map. No other land use or zoning map changes are proposed.
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EXISTING
Local Coastal Program Land Use Designation
U -Utility; TS -Tourist Services
--->_T ~ •~•••?-"7"t':~•r:,:.::_•,~~~-'~.~
::. __ ,;,·:.· ~ ~·' ', -• :.:
PROPOSED
Local Coastal Program Land Use Designation
VC -Visitor Commercial; OS -Open Space
PROPOSED
Local Coastal Program Zoning
CT -Commercial Tourist; OS -Open Space
D. Village and Barrio Master Plan and Poinsettia Shores Master Plan amendments
Village and Barrio Master Plan
The Village and Barrio Master Plan is proposed to be amended to clarify the master plan's relationship to
the draft Local Coastal Program Land Use Plan, as well as which parts of the master plan and other
documents comprise the Local Coastal Program for the Village and Barrio. Attachment 3 provides a
strikeout/underline of the proposed amendment.
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Poinsettia Shores Master Plan
The Poinsettia Shores Master Plan is proposed to be amended to be consistent with draft Local Coastal
Program Land Use Plan policy LCP-2-P .20.A. The draft policy states that prior to development, the master
plan shall be updated consistent with the policy for Areas 1 and 2 on draft Figure 2-2C. Staff's original
intent was to include the master plan amendment as part of the LCP Implementation Plan Update (with
the Zoning Ordinance update), which will follow adoption of the Local Coastal Program Land Use Plan.
However, based on the community interest in the site (see section IV.F.6, below), staff recommends
amending the master plan concurrently with the Local Coastal Program Land Use Plan.
Attachment 3 provides a strikeout/underline of the proposed master plan amendment. Also, as shown in
Attachment 1 (Exhibit lD), draft policy LCP-2-P.20 is proposed to be revised to remove the requirement
to amend the Poinsettia Shores Master Plan prior to development.
E. Existing and proposed Local Coastal Program land use policies
As mentioned above, the proposed draft Local Coastal Program Land Use Plan merges the existing six local
coastal program segments into one unified land use plan for Carlsbad's Coastal Zone. This merging of
segments includes replacement of existing Local Coastal Program policies with updated policies consistent
with the Coastal Act, recent Coastal Commission guidance and the 2015 General Plan.
Attachment 4 provides an analysis of how the existing Local Coastal Program policies are addressed by
the draft Local Coastal Program Land Use Plan (i.e., if and how the existing policy is retained, modified or
not included in the updated plan).
Note: The Village and Barrio Master Plan provides Local Coastal Program land use policies for the Village
and Barrio area; those policies are not proposed to be modified. The draft Local Coastal Program Land Use
Plan references the Village and Barrio Master Plan for land use planning policies and supplements the
master plan with other Coastal Zone policies not addressed by the master plan. The only proposed
amendment to the Village and Barrio Master Plan is described above.
F. Significant new policies and hot topics
The following describes the significant new policies proposed in the draft Local Coastal Program Land Use
Plan, as well as hot topics that have generated interest in the community.
1. Sea level rise hazard policies
2. Scenic and visual resource policies
3. Lower-cost visitor accommodations
4. Timeshares
5. Power plant and strawberry fields -Visitor Commercial land use/zoning designations
6. Parks and open space in southwest Carlsbad, including Ponto -Poinsettia Shores Master Plan
Planning Area F
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1. Sea level rise hazard policies
In draft Local Coastal Program Land Use Plan Chapter 7, new information and policies are added that
address sea level rise hazards and adaptation (a topic not addressed in the existing Local Coastal
Program}. The new policies are based on Coastal Commission guidance and the results of the Carlsbad
Sea Level Rise Vulnerability Assessment (Appendix B of the draft Local Coastal Program Land Use
Plan).
Table 5: Summary Description of Draft Sea Level Rise Policies
To ensure that proposed development is evaluated based on the best available
Sea level rise science, a site-specific sea level rise hazard report is required for all development
hazard analysis that requires a coastal development permit and is within a sea level rise hazard
zone, or on an oceanfront parcel outside a sea level rise hazard zone. See draft
policies LCP-7-P.7 and LCP-7-P.8.
New development, which is within a sea level rise hazard area, is required to be
Siting new located and designed to minimize risks from hazards (bluff erosion, flooding,
development inundation), ensure structural stability and protection of coastal resources. See
draft policies LCP-7-P.9 to LCP-7-P.17.
Shoreline Consistent with the Coastal Act, draft policies clarify the limited circumstances
armoring when shoreline armoring could be permitted in Carlsbad, and the requirements to
minimize impacts to coastal resources. See draft policies LCP-7-P.18 to LCP-7-P.26.
Moving Draft policies identify the circumstances when development must be removed or development modified to avoid risks to public health and safety, and to avoid impacts to public away from trust resources. See draft policy LCP-7-P.27. hazards
Sea level rise Several draft policies identify the need to develop sea level rise -shoreline development
standards and development standards and adaptation plans. Development of adaptation plans
adaptation for critical infrastructure is prioritized. See draft policies LCP-7-P.28 to LCP-7-P.36.
The draft sea level rise policies were drafted in consultation with local Coastal Commission staff and
are consistent with Coastal Commission guidance on sea level rise. The following summarizes issues
raised during the drafting of the policies:
• Definition of "existing" development/structure
Coastal Act Section 30235 allows construction of seawalls and other shoreline protective devices
only when needed to protect "existing structures" and coastal dependent uses. The Coastal Act
does not define "existing."
Coastal Commission guidance suggests that local coastal programs should define "existing," in the
context of Section 30235, as structures that existed prior to January 1, 1977 -the date the Coastal
Act became effective. Since enactment of the Coastal Act, the Coastal Commission has been
inconsistent in its interpretation of the term "existing;" many seawalls and other shoreline
protection have been permitted based on the interpretation of "existing" as structures existing at
the time of the request for a seawall.
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Using the 1977 date to define "existing" would make the majority of existing structures (existing
today) along Carlsbad's shoreline ineligible for protection by a shoreline protection device per
Section 30235; some of these existing structures are currently protected by seawalls.
City staff recommends that "existing," in the context of Coastal Act 30235, be defined using the
date that the draft Local Coastal Program Land Use Plan update is certified by the Coastal
Commission. This will allow for some flexibility in the ability to consider options to protect existing
structures.
Staff also understands the importance of protecting the shoreline and that seawalls and other
devices have a negative impact on the shoreline; therefore, draft policies are proposed that will
limit the ability to protect existing structures with a seawall or other device (see draft policies LCP-
7-P.18 to LCP-7-P.25. For example, a seawall or other device:
o Will not be permitted to protect structures built after certification of the draft Local Coastal
Program update
o May be permitted to protect structures built before certification of the draft plan, but only if:
■ The protective device is designed to eliminate or mitigate adverse impacts to the
shoreline
• There is no less environmentally damaging alternative
■ The protective device must be removed when the structure is no longer present or no
longer needs protection
• Specific sea level rise adaptation details
Coastal Commission guidance recommends that local coastal programs include sea level rise
adaptation plans that identify how development, resources and other vulnerable assets can adapt
to sea level rise. Information addressed in an adaptation plan includes identifying priorities of
adaptation, timelines, options, specific projects to be implemented, phasing, and action triggers.
Developing adaptation plans is an important part of planning for sea level rise. However, the level
of detail in a sea level rise adaptation plan is beyond the scope of this Local Coastal Program
update. Therefore, the draft plan includes policies that address the need to develop sea level rise
standards and adaptation plans (see draft policies LCP-7-P.28 to LCP-7-P.30).
2. Scenic and visual resource policies
Draft Local Coastal Program Land Use Plan Chapter 5 includes new information and policies that
address scenic and visual resources. The new policies are based on Coastal Commission guidance
and Coastal Act Section 30251, which requires that development be sited and designed to protect
views to and along the ocean and other scenic coastal areas; that new development minimize the
alteration of natural landforms; and that development is sited and designed to be visually
compatible with the character of surrounding areas.
Draft Local Coastal Program Land Use Plan Chapter 5 describes and depicts {Figure 5-3) Carlsbad's
significant "coastal viewsheds" -the significant coastal areas (open waters of the ocean and lagoons,
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sandy beaches, coastal bluffs and the natural habitat and hillsides surrounding the lagoons)-of which
public views are to be protected. Draft Figure 5-3 also identifies the areas from which public views
are to be protected ("public viewing areas"), which are the public streets, trails and parks adjacent to
the coastal viewsheds.
Draft policies are proposed that identify how to protect scenic resources and public views, consistent
with the Coastal Act and Coastal Commission guidance. The draft scenic and visual resource policies
(LCP-5-P.22 to LCP-5-P.32) address:
• All areas of the Coastal Zone:
o Siting and scale of new development to minimize alteration of natural landforms
o Preservation of existing vegetation that provide significant scenic value
o Sign design and location
• Areas identified on draft Figure 5-3 as a "coastal viewshed" or "public scenic viewing area":
o Location and design of development to avoid/minimize impact of public views of viewshed
o Retaining wall height
o Minimize exterior lighting
o Maintenance of natural visual quality of coastal viewshed
• Draft Figure 5-3 identifies specific properties/areas that are subject to site/area-specific scenic
resource protection policies, per draft policy LCP-5-P.32.
3. Lower-cost visitor accommodations
New information and policies are added to the Local Coastal Program that address lower-cost visitor
accommodations; however, the draft policies do not fully align with Coastal Commission staff
recommendations regarding the protection and provision of lower-cost visitor accommodations. The
following information describes Coastal Commission staff policy recommendations, city staff concerns
with those recommendations and city staff proposed draft policies.
Coastal Commission staff policy recommendations for lower-cost visitor accommodations are
intended to address Coastal Act Section 30213:
Lower cost visitor and recreational facilities shall be protected, encouraged, and, where
feasible, provided. Developments providing public recreational opportunities are
preferred. The commission shall not: {1} require that overnight room rentals be fixed at an
amount certain for any privately owned and operated hotel, motel, or other similar visitor-
serving facility located on either public or private lands; or (2) establish or approve any
method for the identification of low or moderate income persons for the purpose of
determining eligibility for overnight room rentals in any such facilities.
The policies recommended by Coastal Commission staff would require:
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• Protection of existing lower cost visitor accommodations. Any development proposal
that results in the loss of existing lower cost rooms would be required to mitigate that
loss by replacing the lower cost rooms at a 1:1 ratio or paying an in-lieu fee (see below
regarding the fee); and
• Construction of new lower-cost accommodations. Any new hotel/motel development
would be required to provide a minimum of 25 percent of the total rooms at a lower-cost
rate or pay an in-lieu fee.
• Establish an in-lieu fee program. The city would be required to establish a program that
specifies the fee amount and method to collect and utilize the fees. Coastal Commission
staff have recommended that the per room in-lieu fee be sufficient to construct a lower
cost room, and they estimate that the cost to construct lower cost rooms is over $100,000
per room, including land cost. If the fee were $100,000/room, a 200-room hotel would
be required to pay a $5-million in-lieu fee (25 percent of 200 rooms = 50 rooms x
$100,000).
City staff does not recommend that the city establish the policies recommended by Coastal
Commission staff, for the following reasons:
• The Coastal Act does not specify that a minimum number or percentage of lower cost rooms be
provided
• The establishment for an in-lieu fee has not been analyzed and may raise concerns regarding
compliance with the State's Mitigation Fee Act. As a mitigation fee (i.e., to mitigate the loss or
lack of existing lower cost rooms), the fee must comply with the state's Mitigation Fee Act.
• Regarding mitigation for loss or lack of lower cost visitor accommodations, in Carlsbad, it may be
challenging to justify or show that mitigation is necessary. As stated in draft Local Coastal Program
Land Use Plan Chapter 3, Carlsbad has 589 economy scale accommodations, including the
campground, which is approximately 18 percent of the accommodations in Carlsbad's Coastal
Zone. There may not be a need or justification to mitigate the loss or lack of lower-cost
accommodations.
• As described in draft Local Coastal Program Land Use Plan Chapter 3, in Carlsbad's Coastal Zone
there are over 3,000 visitor accommodations at a range of affordability, 589 of which are
economy scale. The number of hotel rooms in Carlsbad's Coastal Zone is sufficient to meet
Coastal Act Section 30213 requirements for lower cost accommodations. Carlsbad has already
protected, encouraged and provided lower cost accommodations, and can continue to do so as
described below.
The draft Local Coastal Program Land Use Plan does include a draft policy (LCP-3-P.21) that requires
new development that results in a loss of existing lower-cost accommodations to mitigate the loss at
a 1:1 ratio. This draft policy was included in the draft plan to address Coastal Commission staff's
recommended policies, at least in part. However, afterfurther consideration of the concerns outlined
above and in response to public comments (Attachment 6), staff recommends deleting draft policy
LCP-3-P.21. Also, staff recommends that lower cost accommodations and recreation can be
protected, encouraged and provided, per Coastal Act Section 30213, through incentives, such as
development standards modifications. Staff recommends combining draft policies LCP-3-P.14 and
LCP-3-P.19 to read as follows:
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Protect, encourage, and, where feasible, provide for development of new (and retention
of existing) lower-cost overnight accommodations and recreation facilities, such as
through regulatory incentives (e.g., development standards modifications). Consider
amenities that reduce the cost of stay when evaluating the affordability of any new or
redeveloped overnight visitor accommodations; and encourage and support
developments that provide public recreational opportunities within the Coastal Zone.
4. Timeshares
During public review of the draft Local Coastal Program Land Use Plan, the topic of timeshares -or
the potential prohibition of such uses -generated several comments objecting to a prohibition of
timeshares.
The draft plan includes a policy (LCP-3-P.17) that would prohibit new timeshares or other limited-use
overnight accommodations on land designated as Visitor Commercial (VC) on the land use map. The
policy was drafted pursuant to Coastal Commission guidance and the commission's concerns with
such uses. The Coastal Commission views timeshares and other limited-use overnight
accommodations (like condo-hotels and fractional ownership hotels) as residential uses rather than
visitor-serving uses, as they are not entirely available to the general public and require ownership to
utilize the property.
Coastal Commission guidance provides examples of other cities that have addressed such uses to the
Coastal Commission's satisfaction. Some cities prohibit such uses where visitor-serving uses are
intended, as proposed by draft policy LCP-3-P .17. Other cities have policies that ensure such
developments are visitor-serving.
In response to public comments objecting to the proposal to prohibit timeshares, staff is
recommending a revised policy that would permit timeshares and similar uses, subject to certain
criteria, as follows (see below for more information about recommended changes to the draft plan):
On land designated Visitor Commercial (VC) on the Local Coastal Program land use
map, limited-use overnight accommodations, such as timeshares, shall be subject to
the following:
A. At least twenty-five {25%} percent of the units within any given facility shall be
made available each day for transient overnight accommodations during the
summer season (beginning the day before the Memorial Day weekend and ending
the day after Labor Day).
B. The timeshare facility shall operate in the same manner as a hotel, including
requirements for a centralized reservations system, check-in services, advertising,
security, and daily housecleaning.
C. No person shall occupy any unit or units within a given facility for more than sixty
(60) days per calendar year and no more than thirty (30} days during the summer
season (beginning the day before the Memorial Day weekend and ending the day
after Labor Day).
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5. Power plant and strawberry fields -Visitor Commercial land use/zoning designations
Changes to Local Coastal Program land use/zone designations are proposed for the power plant and
strawberry fields, as shown above in Section IV.C. The proposed map changes were previously
approved by the city as part of the 2015 General Plan update. However, the Coastal Commission
deferred their decision on these land use/zone changes until the city provided more information on
the need for visitor commercial uses; the requested information is provided below.
During public review of the draft Local Coastal Program Land Use Plan, various comment letters were
submitted identifying the need for community involvement in the future land use of these sites. See
below for more information about past and future community involvement in the land use of these
sites.
• Need for more visitor commercial uses in Carlsbad
As described below, there is a need to designate more land in Carlsbad for visitor commercial use.
There are currently limited sites designated for visitor commercial use that are not currently
developed with existing visitor commercial uses. Draft Local Coastal Program Land Use Plan
Figure 3-2 identifies sites where future visitor commercial uses could be developed. Without the
power plant and strawberry fields, there would be few sites/acres available to accommodate the
demand for future visitor commercial uses.
Draft Local Coastal Program Land Use Plan Chapter 3, Section 3.3 identifies three tourism forecast
sources1 that forecast current and future demand for visitor accommodations. Based on the
referenced sources, there is a need for more hotel rooms in Carlsbad -Carlsbad's existing hotels
have not met the demand for hotel rooms in recent years, and hotel demand is estimated to
increase annually through 2023.
The hotel demand information described above and in the draft Local Coastal Program Land Use
Plan predates the Covid-19 pandemic, which has resulted in a decline in hotel demand during
2020. However, this decline is temporary and current forecasts2 anticipate that hotel demand
will begin to recover in 2021 and demand will continue to grow in the years to follow.
The draft Local Coastal Program Land Use Plan is a long-range plan for land use in the Coastal
Zone. Anticipating that hotel demand will recover and continue to grow, there is a need to
designate sites for future visitor commercial uses; and consistent with the General Plan, the
power plant and strawberry fields are proposed to be designated as shown in Section IV.C, above.
• Community participation in land use planning for the power plant and strawberry fields
As mentioned above, the power plant and strawberry fields sites (shown in Section IV.C, above)
were previously designated Visitor Commercial (VC) by the city as part of the 2015 General Plan
update. The land use policies of the General Plan, and now proposed as part of the Local Coastal
1 San Diego Tourism Authority, 2017 Carlsbad Visitor Profile; Tourism Economics, Tourism Economics San Diego
Travel Forecast (July 2018); Hunden Strategic Partners, Carlsbad Hotel Market, Demand, Financial, and Economic
Impact Analysis (July 2018)
2 Tourism Economics, San Diego Lodging Forecast Update (July 2020)
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Program Land Use Plan update, were established through an extensive community participation
effort, as described in Section 111.F, above.
During the General Plan update, the power plant and strawberry fields were identified as
"opportunity sites" that could accommodate future development. The community participated
in identifying a preferred land use plan through workshops, a survey and a 19-member citizens
committee. With input from the community, the citizens committee recommended that the
power plant be designated for visitor commercial uses (a change from public utility use), and that
the strawberry fields should remain designated for commercial uses that serve visitors (changing
the designation from TS -Travel Services to VC -Visitor Commercial).
In addition, based on community comments, the citizens committee recommended that the
power plant site include a publicly accessible open space area along Carlsbad Boulevard and the
lagoon. Draft Local Coastal Program Land Use Plan policy LCP-2-P.16.C requires the power plant
to be developed with a mix of visitor commercial uses and "new community-accessible open
spaces along Agua Hedionda Lagoon and the waterfront (Carlsbad Boulevard)." The draft policy
also encourages community gathering spaces and other features to maximize views of the ocean
and lagoon.
As mentioned above, the scope of the Local Coastal Program update relies on the land use
planning completed as part of the General Plan update; the scope of the update does not include
revisioning of land uses. However, the community will have future opportunities to participate in
the future use of both the power plant and the strawberry fields. Draft policies LCP-2-P.16.D and
LCP-2-P.27 require the development of redevelopment/specific plans for both sites prior to
development; the process to develop such plans will include community participation in
determining allowed uses, development standards, site planning, etc.
6. Parks and open space in southwest Carlsbad, including Ponto -Poinsettia Shores Master Plan
Planning Area F
The topics of Ponto Planning Area F and parks and open space in southwest Carlsbad generated a
significant number of public comment letters (see section IV.J below). Attachment 5 provides
information regarding this topic and in response to public comments.
G. Compliance with the city's Growth Management Plan
The city's Growth Management Plan establishes a limit on the number of residential dwelling units that
can be built in the city and requires that adequate public facilities are provided . concurrent with
development. The draft Local Coastal Program Land Use Plan was prepared consistent with the land uses
planned by the 2015 General Plan, which was found consistent with the Growth Management Plan. The
draft Local Coastal Program Land Use Plan does not propose any policy or land use that would increase
currently planned residential dwellings or increase the city's current projected need for public facilities.
H. Consistency with the McClellan-Palomar Airport Land Use Compatibility Plan
Although the McClellan-Palomar Airport is not in the Coastal Zone, airport influence area and portions of
the airport's safety zones are within the Coastal Zone, as shown on draft Local Coastal Program Land Use
Plan Figure 2-2B. The McClellan-Palomar Airport Land Use Compatibility Plan specifies the type and
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intensity of development that is allow within the airport's influence area and safety zones . In a letter
dated Oct. 27, 2020 (Attachment 9), the San Diego Regional Airport Authority determined that the draft
Local Coastal Program Land Use Plan is consistent with the McClellan-Palomar Airport Land Use
Compatibility Plan.
I. Recommended revisions to the draft Local Coastal Program Land Use Plan
In response to public and staff comments during review of the draft Local Coastal Program Land Use
Plan, staff recommends revisions to the draft plan, as shown in Attachment 1 (Exhibit 10). Planning
Commission adoption of the resolution (Attachment 1) includes a recommendation to approve the draft
Local Coastal Program Land Use Plan, including staff's recommended revisions.
J. Public comments
Numerous public comment letters were received commenting on the draft Local Coastal Program Land
Use Plan. The comments are divided into two categories:
1. Comments regarding parks and open space in southwest Carlsbad, particularly on Ponto Planning
Area F. Attachment 5 addresses these comments.
2. Comments regarding all other topics are addressed in Attachment 6.
Attachments 6 and 7 describe the comments received. Attachment 7 lists the majority of comments
received regarding Ponto. Some comment letters were submitted after preparation of Attachment 7 and
are provided in Attachment 8.6.
Copies of the comment letters are provided as Attachments 8.1 through 8.6; due to the volume of the
letters received, the letters are not attached to this report, but can be viewed on the city's website:
https://www.carlsbadca.gov/services/depts/planning/coastal/default.asp
Comment letters received after completion of this staff report will be forwarded to the Planning
Commission separately.
IV. ENVIRONMENTAL REVIEW
The draft Local Coastal Program Land Use Plan, Zoning Map, Poinsettia Shores Master Plan and Village
and Barrio Master Plan constitute, in part, the Carlsbad Local Coastal Program. Pursuant to the California
Environmental Quality Act Guidelines Section 15265, the preparation and adoption of a local coastal
program by a local government is statutorily exempt from the California Environmental Quality Act.
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ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Planning Commission Resolution No. 7389 (LCPA/ZC/AMEND/AMEND)
• Exhibit lA: Draft Local Coastal Program Land Use Plan (previously distributed to the Planning
Commission and available in the Planning Division and on the city website:
https://www.carlsbadca.gov/services/depts/planning/coastal/update.asp
• Exhibit lB: Local Coastal Program Land Use Map
• Exhibit lC: Draft City Council Ord.inance
• Exhibit lD: Staff Recommended Revisions to Draft Local Coastal Program Land Use Plan
Highlights of Draft Local Coastal Program Land Use Plan
Village and Barrio Master Plan and Poinsettia Shores Master Plan Amendments Strike-
out/Underline
How Existing Local Coastal Program Policies are Addressed in the Draft Local Coastal Program
Land Use Plan
Information Regarding Ponto -Poinsettia Shores Master Plan Planning Area F and Parks and
Open Space in Southwest Carlsbad
Draft Local Coastal Program Land Use Plan Response to Public Comments [excluding comments
regarding Ponto and parks/open space in southwest Carlsbad]
Public Comments Regarding Parks, Open Space and Ponto -Poinsettia Shores Master Plan
Planning Area F
Public comment letters (incorporated by reference and available for review on the city website:
https://www.carlsbadca.gov/services/depts/planning/coastal/default.asp)
8.1-Comment letters, excluding comments pertaining to Ponto and parks and open space in
southwest Carlsbad
8.2 to 8.6-Comments regarding Ponto and parks and open space in southwest Carlsbad
Letter from San Diego Regional Airport Authority, dated October 27, 2020
ATTACHMENT 4
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
HOW EXISTING LOCAL COASTAL POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM LAND USE PLAN
Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES
EXISTING LCP POLICIES
AGUA HEDIODA SEGMENT
1.LAND USE
1
1.1 Land uses in the Agua Hedionda Plan area shall be consistent
with those indicated on the Land Use Map (Exhibit C).
Section 2.3 of the draft LCP provides a full description and identifies the
land uses allowed in the Coastal Zone, including the area currently within
the Agua Hedionda segment. Figure 2-1 Land Use Map reflects the most
recent certified LCP land use map, as well as proposed changes
consistent with the General Plan land use map. The proposed changes
are shown below, which affect land within the existing Agua Hedionda
segment (these are the only land use and zoning changes proposed):
Existing LCP Land Use Map Proposed LCP Land Use Map
Existing LCP Zoning Map Proposed LCP Zoning Map
Attachment B
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EXISTING LCP POLICIES
AGUA HEDIODA SEGMENT
2
1.2 That portion of the "Kelly" property containing wetland areas shall be designated as open
space (Exhibit D) consistent with maintenance of the natural resources of the wetlands and
floodplain area. Permitted uses shall include maintenance and extension of utility
transmission and distribution systems, agriculture, outdoor plant nurseries, fish hatcheries,
driving ranges, archery ranges, hiking and equestrian trails, apiaries, or other non-intensive
recreational, scientific or educational uses compatible with resource values. No permanent
structures or impermeable surfacing or filling shall be permitted within the l00-year
floodplain. Any development of the property shall be subject to regulation by conditional use
permit and shall be subject to the approval of the State Department of Fish and Game.
This policy has been implemented and is not
proposed as part of the draft LCP.
The property is currently designated as OS
and is also designated as HMP hardline area,
which ensure that no development occurs
on the property and the natural habitat is
protected.
3
1.3 Development of the "L and R" property shall be regulated as follows:
a)That portion of the site agreed upon by the State Lands Commission as developable shall
be permitted a maximum of 60 units of residential use (reference: State Lands
Commission agenda item W503.988, 11/23/81). The developable portion of the site shall
be designated RMH (l0-20 units/acre), and the remainder of the site shall be designated
open space (OS).
Development of the site should reflect the lower limit of the RMH range, and should be
designed to "step down" development intensity away from Bristol Cove.
b)Beyond the south and eastern perimeter of the developable portion of the site an area of
100 feet in width shall remain undeveloped for the purpose of providing a buffer
between development and environmentally sensitive areas. As a condition of
development, the perimeter of the developable area shall be maintained/ improved in a
manner to prohibit uncontrolled access into the buffer area. Any landscaping, access
control or other minor improvements in the buffer area shall be subject to the approval
of the State Department of Fish and Game. Maintenance of the buffer area shall be the
responsibility of the homeowners association.
c)The area beyond the developable portion of the property and buffer area shall be
dedicated in fee or easement to the State Department of Fish and Game, Coastal
Conservancy, State Lands Commission, or other appropriate public agency. Access to this
area shall be restricted to scientific, educational or other uses consistent with resource
management in a manner acceptable to the State Department of Fish and Game.
This policy has been implemented; the site
has been developed consistent with the
policy. The policy is not proposed as part of
the draft LCP.
The developable portion of the site is
developed with 26 residential units and is
designated on the land use map as R15 (8-15
du/ac). The southern portion of the
property is designated OS and is owned by
the State of California.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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AGUA HEDIODA SEGMENT
4
1.4 Development of the "Ferrero" property shall be regulated as follows:
a)The area determined by the State Lands Commission to be developable shall be
designated RMH (10-20 units per acre). The remainder of the site shall be designated
Open Space (OS).
b)Beyond the southern perimeter of the developable portion of the site, an area of 100
feet in width shall remain undeveloped for the purpose of providing a buffer between
development and environmentally sensitive areas. The perimeter of the developable
area shall be maintained/improved in a manner to prohibit uncontrolled access into the
buffer area. Private recreation and landscape improvements in the buffer area shall be
made in consultation with the State Department of Fish and Game. Maintenance of the
buffer area shall be the responsibility of the homeowners association.
c)The area beyond the developable portion of the property and the buffer area shall be
dedicated in fee or easement to an appropriate public agency. Access to this area shall
be restricted to scientific, educational or other uses consistent with resource
management in a manner acceptable to the State Department of Fish and Game.
This policy has been implemented; the site
has been developed consistent with the
policy. The policy is not proposed as part of
the draft LCP.
The developable portion of the site is
developed with 42 residential units and is
designated on the land use map as R15 (8-15
du/ac). The southern portion of the property
is dedicated as open space through an
easement.
5 1.5 The Hedionda Point area between the Hoover Street extension and Whitey's Landing shall
be designated RLM (0-4 units per acre).
This policy has been implemented. This area
is designated on the LCP land use map as R4
(0-4 du/ac). Section 2.3 of the draft LCP,
which includes the land use map, replaces
this policy.
6 1.6 To enhance public recreation activities, the area between Snug Harbor and Hoover Street
shall be designated RC, for recreational commercial use.
This policy is outdated. The Snug Harbor area
is currently designated as Visitor Commercial
(VC). The RC land use designation no longer
exists on the LCP land use map. Section 2.3 of
the draft LCP, which includes the land use
map, replaces this policy.
7
1.7 The area designated "Community Park" shall be zoned open space (OS). Uses in this area
shall be regulated by the open space zone and shall be sited so that there are no
significant adverse impacts on agricultural lands, wildlife habitats and environmentally
sensitive areas.
This policy has been implemented; the area is
currently designated as OS on the LCP land
use and zoning maps. Section 2.3 of the draft
LCP, which includes the land use map,
replaces this policy.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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EXISTING LCP POLICIES
AGUA HEDIODA SEGMENT
8
1.8 The "Ecke" property shall be regulated as follows:
a)The primary use of the site shall be aquaculture. Other coastal
dependent and visitor-serving commercial uses shall be allowed,
provided they occupy no more than 50% of the site.
b)As secondary uses, in the interim period while aquaculture alternatives
are being studied, other uses may be permitted which would
necessitate minimal site disturbance or capital investment, including
active recreation (fishing, tent camping, etc.), beach access parking,
short-term recreational vehicle parking, and temporary accessory
commercial facilities (bait-and-tackle shop, food concession, etc.);
c)All uses shall be regulated by conditional use permit. All proposed uses
shall be conditioned to provide all access improvements required by
this plan, and shall provide peripheral landscaping which at maturity
will screen all objectionable improvements (i.e., aquaculture facility,
outside storage, parking areas, etc.) as viewed from Carlsbad
Boulevard.
This policy has been implemented; the site has been
developed consistent with the policy. The policy is not
proposed as part of the draft LCP.
The site is developed with the Hubbs SeaWorld Research
Institute fish hatchery, and the site is designated as OS on
the LCP land use and zoning map.
9
1.9 Building height shall be limited to a maximum of 35 feet. Building setbacks
and lot coverage shall be regulated by the applicable zoning designation,
except as specifically modified in this plan.
It is not typical to specify development standards in land use
policies; zoning regulations are the typical tool to specify
standards. The Zoning Ordinance (LCP IP) establishes
appropriate zoning standards for the area, including building
height, setbacks and lot coverage.
10
1.10 The 45 acre parcel owned by SDG&E located on the south shore
immediately east of the freeway shall be designated TS, Travel Services.
Conversion of the property to commercial development shall be subject to
a future specific plan and the applicable policies relating to agricultural
conversion. A future specific plan will be required by the City for
development of the property.
Section 2.3 of the draft LCP, which includes the land use
map, replaces this policy regarding the site’s land use
designation. The TS (Travel Services) designation is proposed
to be renamed VC (Visitor Commercial), consistent with the
General Plan. See row 1, above.
Regarding the requirement for a future specific plan, see
draft land use Policy LCP-2-P.27.
Regarding agricultural conversion, see draft agricultural
resource policy LCP-5-P.10.A.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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EXISTING LCP POLICIES
AGUA HEDIODA SEGMENT
11
2.AGRICULTURE
2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, and
the policies of this plan.
This policy is proposed to be replaced with draft
LCP policy LCP-5-P.1.
12 2.2 The south shore agricultural lands shall be designated “Open Space”. This area shall
be zoned “Exclusive Agriculture” in the implementation phase of the plan.
The designation of OS is complete per the land
use map. Draft policy LCP-5-P.10.B addresses
zoning (CR-A/OS zone), which specifies the uses
that may be permitted if agriculture is no longer
viable and is allowed to convert.
13
2.3 Conversion of the 45-acre SDG&E south shore property shall be subject to the following
conditions:
a)Prior to development SDG&E shall record a permanent open space easement over
the remaining agricultural lands in favor of the City of Carlsbad. Said easement shall
limit uses to agriculture, utility right-of-way and maintenance, roadways, and
recreation trails that do not interfere with agricultural operations.
b)SDG&E shall provide a written report demonstrating to the satisfaction of the City,
that preservation of the site is not necessary to assure reasonable expansion
opportunities for the Encina Power Plant in accordance with Coastal Act Section
30413(b), and that future expansion could reasonably be accommodated at the
present power plant site. Said report shall be a requirement of a future specific
development plan for the property.
c)Prior to issuance of a permit for development of the parcel, the owner shall make a
portion of the site available for development as a public recreational use if the City
finds that current or future recreational needs require the development of such
uses in the south shore portion of the Land Use Plan area.
d)In the event that the Carlsbad Local Coastal Plan is amended to allow for a City-
sponsored agricultural program, SDG&E may apply for inclusion in the amended
program.
This policy is proposed to be replaced with draft
LCP policy LCP-5-P.10A.
a)This part of the policy is proposed to be
replaced with draft LCP policy LCP-5-P.10A.2,
which references draft policy LCP-5-P.10.B for
the uses allowed on the remaining
agricultural lands. See draft LCP page 5-8
regarding the Cannon Road Open Space,
Farming and Public Use Corridor.
b)This part of the policy is proposed to be
replaced with draft LCP policy LCP-5-P.10A.4.
c)This part of the policy is proposed to be
replaced with draft LCP policy LCP-5-P.10A.3.
d)This part of the policy is proposed to be
replaced with draft LCP policy LCP-5-P.10A.1.
The city’s agriculture conversion program
does not apply here. Agriculture conversion
of this site is subject to Coastal Act Section
30171.5.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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AGUA HEDIODA SEGMENT
14
3. ENVIRONMENTALLY SENSITIVE HABITATS, WATER AND MARINE RESOURCES
3.1 Kelly Property. No development shall occur within the boundaries of the Wetland
Preserve except to the extent necessary for resource maintenance and resource
management, or as approved by the State Department of Fish and Game. All allowable
development within the Wetland Preserve shall be consistent with Section 30233 of the
Coastal Act. No development shall occur within wetlands that are outside of the
Wetland Preserve except to the extent such development is consistent with Section
30233 of the Coastal Act. Any wetlands outside of the preserve boundaries shall be
delineated as part of the coastal development permit process prior to development
approval.
a) A buffer strip of at least 100 feet in width shall be maintained in a natural condition
around the perimeter of all delineated wetlands to protect the functions and values
of wetlands. The width of the buffer may be increased as determined on a case by
case basis, in consultation with the State Department of Fish and Game, taking into
consideration the type and size of development, the sensitivity of the wetland
resources to detrimental edge effects, natural features such as topography, and the
functions and values of the wetland, including the need for upland transitional
habitat. In no case shall a buffer of less than 100 feet in width be permitted.
b) Fencing shall be required near or adjacent to improved pedestrian and vehicular
travelways to prevent uncontrolled access of persons or domestic animals into the
wetland or environmentally sensitive areas; and
c) No vehicle, pedestrian, or equestrian access shall be permitted within either the
wetlands, environmentally sensitive habitat areas, and buffer areas, except for
resource management, passive recreational uses and educational purposes. Access
improvements shall be permitted only within the upper half of the required buffer.
3.1.2 Landscaping Requirements
Landscaping shall be utilized as a visual buffer and be compatible with the
surrounding native vegetation and preserved open space. All development shall
be required to identify and implement a landscape plan that provides for the
installation of plant species that are native or non-invasive and drought tolerant
to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be
permitted within the interior of residential subdivisions only.
This policy pre-dates the HMP. The requirements of the
HMP satisfy the objectives of this policy, including the
following:
HMP Section D.7-6:
• Prohibits impacts to wetlands [which includes the Kelly
property wetland preserve and surrounding wetlands],
except as allowed by PRC Section 30233.
• Requires that wetlands in the Coastal Zone be
delineated per CCR Section 13577.
HMP Section D.7-11:
• Requires a 100-foot buffer from wetlands; and
prohibits development, grading, or alterations,
including clearing of vegetation, within the buffer area
(with limited exceptions - fuel modification, trails
within first 15 feet). Buffer areas without native
habitat are required to be landscaped with native
plants.
• Signage and physical barriers such as walls or fences
are required to minimize edge effects
Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3
satisfy the objectives of this policy by referring to and
incorporating the HMP for ESHA protection inside and
outside the HMP hardline and standards areas.
Additionally, as a condition of approval of the Kelly Ranch
Master Plan, the “Wetland Preserve” area was transferred
to the California Department of Fish and Wildlife for
preservation and management of its ecological value. The
Fish and Game Commission designated this wetland as an
Ecological Reserve in 2002.
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15
3.2 The wetland areas mapped by the State Department of Fish and Game shall
be acquired by an appropriate management agency subject to the availability
of funding. Methods of acquisition of those wetlands east of I-5 shall be
thoroughly explored by the city, Coastal Conservancy, State Department of
Fish and Game, and property owners. Methods to be considered shall
include:
a)Acquisition through purchase by the Coastal Conservancy, Department of
Fish and Game, or other appropriate State or Federal agency.
b)Acquisition through dedication in fee or through easement.
c)Acquisition through transfer of development rights, or development
agreement.
HMP Section F establishes the preserve management
requirements for HMP lands, including the wetland referred
to in this policy. This policy is proposed to be replaced with
the provisions of the HMP, which is part of the LCP.
Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy
the objectives of this policy by referring to and incorporating
the HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
Additionally, as a condition of approval of the Kelly Ranch
Master Plan, the “Wetland Preserve” area was transferred
to the California Department of Fish and Wildlife for
preservation and management of its ecological value. The
Fish and Game Commission designated this wetland as an
Ecological Reserve in 2002.
16
3.3 Maintenance dredging and channel alteration must be performed in a
manner consistent with the applicable sections of the Coastal Act. All
dredging activities will require a permit from the Army Corps of Engineers
with review by appropriate agencies, including the Department of Fish and
Game, U.S. Fish and Wildlife, etc. In addition, a Department of Fish and
Game 1601-03 permit may be required.
HMP Section D.7-6 specifies the restrictions on impacts to
wetlands with a reference to PRC Section 30233, which
addresses dredging.
Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy
the objectives of this policy by referring to and incorporating
the HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
17
3.4 A program for monitoring the eel grass beds in the Inner Lagoon, for the
purpose of determining the need for protective measures, shall be carried
out by the Department of Fish and Game in consultation with the City of
Carlsbad, prior to dredging of the middle or inner lagoons.
This policy is proposed to be replaced with draft LCP policy
LCP-6-P.9.
18 3.5 Wetlands mapping by the Department of Fish and Game shall be further
analyzed to delineate degraded wetlands capable of restoration.
This policy is outdated and proposed to be replaced with
draft LCP policy LCP-6-P.7, which requires a site-specific
biological report for restoration and development projects.
The biological report must identify disturbed areas adjacent
to or within sensitive habitat areas.
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3.6 The implementation phase of the LCP shall include specific provisions for
assuring protection of wetlands in the design of adjacent new
development, including provision of adequate buffer areas, protective
fencing, revegetation, etc.
Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy
the objectives of this policy by referring to and incorporating
the HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
20
3.7 Utility transmission and distribution facilities shall be allowed in wetland
areas, provided that maintenance and construction of such improvements
does not adversely impact environmentally sensitive areas and is consistent
with Coastal Act Policies.
This policy is outdated and not proposed as part of the draft
LCP. New utility transmission and distribution facilities
within wetland areas are not consistent with Section 30240
of the Coastal Act.
21
3.8 L and R Property
a)Beyond the south and eastern perimeter of the developable portion of
the site an area of 100 feet in width shall remain undeveloped for the
purpose of providing a buffer between development and
environmentally sensitive areas. As a condition of development, the
perimeter of the developable area shall be maintained/improved in a
manner to prohibit uncontrolled access into the buffer area. Any
landscaping, access control or other minor improvements in the buffer
area shall be subject to the approval of the State Department of Fish and
Game. Maintenance of the buffer area shall be the responsibility of the
homeowners association.
b)The area beyond the developable portion of the property and buffer area
shall be dedicated in fee or easement to the State Department of Fish
and Game, Coastal Conservancy, State Lands Commission, or other
appropriate public agency. Access to this area shall be restricted to
scientific, educational or other uses consistent with resource
management in a manner acceptable to the State Department of Fish
and Game.
This policy is not proposed as part of the draft LCP.
The property has been developed consistent with the
requirements of this policy. A 100-foot-wide open space
easement exists along the south and eastern perimeters.
The HOA maintains the easement area.
The area beyond the buffer area is owned by the State and
is designated on the land use map as OS.
The requirements of the HMP Section D.7-11 satisfy the
objectives of this policy regarding buffer landscaping and
use:
HMP Section D.7-11:
•Prohibits development, grading, or alterations,
including clearing of vegetation, within the buffer
area (with limited exceptions - fuel modification,
trails within first 15 feet). Buffer areas without
native habitat are required to be landscaped with
native plants.
•Signage and physical barriers such as walls or fences
are required to minimize edge effects
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22 3.9 A buoy system shall be constructed and maintained by the City of Carlsbad,
restricting boat usage from the eastern end of the lagoon.
This policy is proposed to be replaced with draft LCP policy
LCP-6-P.28.
23
3.10 All development or uses within the 100-year floodplain shall adhere to the
provisions of the Carlsbad Floodplain Zone Ordinance, except as specifically
modified by this plan.
This policy is proposed to be replaced by draft policies LCP-
7-P.38 and LCP-7-P.41.
24
3.11 Upon adoption of the Agua Hedionda Plan, the City shall request the
County Assessor to reassess properties designated as wetland or wildlife
preserve areas. Reassessment should be based upon the exceptional
development restrictions placed on such properties.
This policy is outdated and is not proposed as part of the
draft LCP. The wetland/habitat areas have long been
identified as such and designated as OS on the city’s land
use map. The wetland areas have been subject to
assessment by the assessor over the years since being
identified/designated as wetlands/open space.
25
3.12 Landscaping shall be utilized as a visual buffer and be compatible with the
surrounding native vegetation and preserved open space. All development
shall be required to identify and implement a landscaping plan that
provides for installation of plant species that are native or non-invasive and
drought tolerant to the maximum extent feasible. Ornamental (non-
invasive) vegetation shall be permitted within the interior of residential
subdivisions only.
This policy is not proposed as part of the draft LCP. The
objective is adequately addressed by the HMP, particularly
the buffer requirements in section D.7 and section F.3.C,
which includes the following requirement:
In the Coastal Zone, the use of invasive plant species in the
landscaping for developments, such as those identified in
Table 12 of the HMP, shall be prohibited.
Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy
the objectives of this policy by referring to and incorporating
the HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
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3-13 Protection of Sensitive Native Vegetation Areas
The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to
identify how the city, in cooperation with federal and state agencies, can preserve the
diversity of habitat and protect sensitive biological resources within the city and the Coastal
zone.
The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation
Program (MHCP). The MHCP will establish a coordinated habitat preserve system to protect
listed species and rare native vegetation while accommodating regional development
needs. The HMP provides a comprehensive plan for creation and management of proposed
preserve areas in the coastal zone, along with appropriate criteria for development
requirements and delineation of development/preservation boundaries. The creation of an
effective habitat preserve requires a careful balancing of acquisition, preservation and
mitigation requirements, as well as enforceable monitoring, remediation and an adequately
funded maintenance program for the preserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource
preservation. It states, in part, “(e)nvironmentally sensitive habitat areas shall be protected
against any significant disruption of habitat values…” Environmentally sensitive habitat area
(ESHA) is defined in Section 30107.5 of the Coastal Act as “any area in which plant of animal
life or their habitats are either rare or especially valuable because of their special nature or
role in an ecosystem and which could be easily disturbed or degraded by human activities
and developments.”
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from
other plans affecting ESHA, where the noncomprehensive nature of the plans and lack of
regional resource protection standards require more stringent limitations to coastal ESHA
impacts for individual sites. The clustering and concentration of development away from
sensitive areas that will result from the proposed standards contained in the HMP and
identified in the policies below will provide a larger, more contiguous preserve area than if
development on the same properties were to be approved on a lot-by-lot basis.
This policy is replaced with the description of the
HMP contained in Section 6.2 of the draft LCP.
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3-13-1.1 Habitat Management Plan
The document titled “Habitat Management Plan for Natural Communities in the City of
Carlsbad, December 1999 with Two Addenda” (hereafter referred to as HMP) is
incorporated herein by reference. The Second Addendum dated December, 2002
contains additional conservation standards and habitat protection policies that apply
within the Coastal Zone. The HMP has been developed so as to implement and be
consistent with all other provisions of this LCP, as amended. Any changes to the HMP
that affect development within the coastal zone (including, but not limited to, changes to
mitigation requirements) shall be certified by the Coastal Commission as LCP
amendments prior to becoming effective.
This policy is proposed to be replaced with draft LCP
policy LCP-6-P.1.
28
3-13-1.2 Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive
habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against
any significant disruption of habitat values, and only uses dependent on those resources
shall be allowed within those areas.
This policy is proposed to be replaced with draft LCP
policy LCP-6-P.2.
29
3-13-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the
Coastal Zone, due in part to the presence of the Coastal California gnatcatcher (Federal
Threatened) and other species. Properties containing Coastal Sage Scrub shall conserve
a minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite.
Conservation of gnatcatchers shall be determined in consultation with the wildlife
agencies.
This policy is proposed to be replaced with draft LCP
policies LCP-6-P.1 and LCP-6-P.3, which refer to and
incorporate the HMP for ESHA protection inside and
outside the HMP hardline and standards areas.
HMP Section D.7. includes the exact wording of this
existing policy. The HMP is part of the LCP and it is
redundant and unnecessary to repeat the provisions of
the HMP within the LCP LUP.
30
3-13-1.4 Oak Woodland
An oak woodland is a closed to relatively open stand of trees within which a dominant
tree species is a species of oak. In coastal southern California, that species is generally
Coast Live Oak (Quercus agrifolia), which is commonly found on slopes and riparian
situations. Shrubs vary from occasional to common, and the herb layer is often
continuous and dominated by a variety of annual grasses.
This policy is proposed to be replaced with draft LCP
policies LCP-6-P.1 and LCP-6-P.3, which refer to and
incorporate the HMP for ESHA protection inside and
outside the HMP hardline and standards areas.
HMP Section D.7. includes the exact wording of this
existing policy. The HMP is part of the LCP and it is
redundant and unnecessary to repeat the provisions of
the HMP within the LCP LUP.
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3-13-1.5 Streams
A stream is a topographical feature with a clear bed and bank that periodically conveys
water.
This policy is proposed to be replaced with draft LCP
policies LCP-6-P.1 and LCP-6-P.3, which refer to and
incorporate the HMP for ESHA protection inside and
outside the HMP hardline and standards areas.
HMP Section D.7. includes the exact wording of this
existing policy. The HMP is part of the LCP and it is
redundant and unnecessary to repeat the provisions of
the HMP within the LCP LUP.
32
3-13-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic features that convey
water, but only during and shortly after rainfall events in a typical year.
This policy is proposed to be replaced with draft LCP
policies LCP-6-P.1 and LCP-6-P.3, which refer to and
incorporate the HMP for ESHA protection inside and
outside the HMP hardline and standards areas.
HMP Section D.7. includes the exact wording of this
existing policy. The HMP is part of the LCP and it is
redundant and unnecessary to repeat the provisions of
the HMP within the LCP LUP.
33
3-13-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of
Regulations Section 13577(b), ‘wetland’ means lands within the coastal zone which may be
covered periodically or permanently with shallow water and include saltwater marshes,
freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens.
Wetland shall include land where the water table is at, near or above the land surface long
enough to promote the formation of hydric soils or to support the growth of hydrophytes,
and shall also include those types of wetlands where vegetation is lacking and soil is poorly
developed or absent as a result of frequent and drastic fluctuations of surface water levels,
wave action, water flow, turbidity or high concentrations of salts or other substances in the
substrate. A preponderance of hydric soils or a preponderance of wetland indicator species
shall be considered presumptive evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in Section
13577 of the California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be
allowed except as provided in that Section.
This policy is proposed to be replaced with draft LCP
policies LCP-6-P.1 and LCP-6-P.3, which refer to and
incorporate the HMP for ESHA protection inside and
outside the HMP hardline and standards areas.
HMP Section D.7. includes the exact wording of this
existing policy. The HMP is part of the LCP and it is
redundant and unnecessary to repeat the provisions of the
HMP within the LCP LUP.
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3-13-1.8 Wetland Mitigation Requirements
If impacts to wetlands are allowed consistent with Policy 3-13-1.7, mitigation shall
be provided at a ratio of 3:1 for riparian impacts and 4:1 for saltwater or freshwater
wetland or marsh impacts.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
35
3-13-1.9 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern
Maritime Chaparral, Southern Mixed Chaparral, Native Grassland and Oak Woodland
within the Coastal Zone of Carlsbad. Mitigation for impacts to any of the habitat
types, when permitted, shall include a creation component that achieves the no net
loss standard. Substantial restoration of highly degraded areas (where effective
functions of the habitat type have been lost) may be substituted for creation subject
to the consultation and concurrence of the U.S. Fish and Wildlife Service and the
California Department of Fish and Game (wildlife agencies). The Coastal Commission
shall be notified and provided an opportunity to comment upon proposed
substitutions of substantial restoration for the required creation component.
Development shall be consistent with Policy 3-13-1.2 of this section, unless proposed
impacts are specifically identified in the HMP; these impacts shall be located to
minimize impacts to Coastal Sage Scrub and maximize protection of the Coastal
California gnatcatcher and its habitat.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
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3-13-1.10 Upland Habitat Mitigation Requirements
Where impacts to the habitats stated in 3-13-1.9 are allowed, mitigation shall be provided as
follows:
a. The no net loss standard shall be satisfied as stated in 3-13-1.9. Typically this will consist
of creation of the habitat type being impacted (or substantial restoration where allowed)
at a ration of at least 1:1 as provided in the HMP.
b. Onsite preservation is not eligible for mitigation credit in the coastal zone except as
provided in subsection g. below.
c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1 with the
creation component satisfying half of the total obligation. The remainder of the
mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
d. Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated
at an overall ratio of 3:1, with the creation component satisfying one-third of the total
obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the
provisions of the HMP.
e. Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be
mitigated respectively at ratios of 1:1, 3:1 and 3:1, with the creation component
satisfying the obligation or one-third of the total obligation. The remainder of the
mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
f. Mitigation for impacts within the coastal zone should be provided within the coastal
zone, if possible, particularly the 1:1 creation component, in order to have no net loss of
habitat within the coastal zone. Mitigation measures on land outside the Coastal Zone
may be acceptable if such mitigation would clearly result in higher levels of habitat
protection and value and/or would provide significantly greater mitigation ratios, and the
mitigation area is part of the HMP. Land area inside and outside the coastal zone which
serves as mitigation for habitat impacts in the coastal zone shall be permanently retired
from development potential and secured as part of the HMP preserve management plan
as a condition of development approval.
This policy is proposed to be replaced with draft
LCP policies LCP-6-P.1 and LCP-6-P.3, which refer
to and incorporate the HMP for ESHA protection
inside and outside the HMP hardline and
standards areas.
HMP Section D.7. includes the exact wording of
this existing policy. The HMP is part of the LCP
and it is redundant and unnecessary to repeat the
provisions of the HMP within the LCP LUP.
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37
3-13-1.10 Upland Habitat Mitigation Requirements
…
g.Onsite or off-site open space preserve areas may be utilized to satisfy required
mitigation for habitat impacts associated with development if the preserve areas are
disturbed and suitable for restoration or enhancement, or they are devoid of habitat
value and therefore suitable for the 1:1 mitigation component requiring creation or
substantial restoration of new habitat. Substantial restoration is restoration that has
the effect of qualitatively changing habitat type and may meet the creation requirement
if it restores habitat type that was historically present, but has suffered habitat
conversion or such extreme degradation that most of the present dominant species are
not part of the original vegetation. Substantial restoration contrasts with enhancement
activities, which include weeding, or planting within vegetation that retains its historical
character, and restoration of disturbed areas to increase the value of existing habitat
which may meet other mitigation requirements pursuant to the HMP.
h.Habitat mitigation requirements other than the creation or substantial restoration
component may be partially or wholly fulfilled by acquisition of existing like habitat
and/or retirement of development credits on existing like habitat with permanent
preservation as part of the HMP preserve management plan.
i.All mitigation areas, onsite and offsite, shall be secured with a conservation easement in
favor of the wildlife agencies. In addition, a preserve management plan shall be
prepared for the mitigation areas, to the satisfaction of the City, the wildlife agencies
and the Coastal Commission. The preserve management plan shall ensure adequate
funding to protect the preserve as open space and to maintain the biological values of
the mitigation areas in perpetuity. Management provisions and funding shall be in
place prior to any impacts to habitat. At a minimum, monitoring reports shall be
required as a condition of development approval after the first and third year of habitat
mitigation efforts. The preserve management plan shall be incorporated into the
Implementation Plan of the LCP through and LCP Amendment within one year of
Commission certification of the HMP as part of the certified LCP.
j.If any conflict should arise between Policies of the LCP and the provisions of the HMP,
the LCP shall take precedence.
This policy is proposed to be replaced with draft
LCP policies LCP-6-P.1 and LCP-6-P.3, which refer
to and incorporate the HMP for ESHA protection
inside and outside the HMP hardline and standards
areas.
HMP Section D.7. includes the exact wording of
this existing policy. The HMP is part of the LCP and
it is redundant and unnecessary to repeat the
provisions of the HMP within the LCP LUP.
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3-13-1.11 Highly Constrained Properties
There are properties in the Coastal Zone that are entirely or almost entirely constrained by
environmentally sensitive habitat area (ESHA). In these cases, one of the following additional
standards shall apply:
a.If more than 80% of the property by area is conserved with ESHA at lease 75% of the property
shall be conserved, OR
b.If the City, with the concurrences of the wildlife agencies and the Coastal Commission through
an LCP amendment, approved a Hardline preserve boundary for any of the above-described
properties as part of the HMP, then the amount of onsite preservation as identified in the
Hardline boundary shall apply.
This policy is proposed to be replaced with
draft LCP policies LCP-6-P.1 and LCP-6-P.3,
which refer to and incorporate the HMP for
ESHA protection inside and outside the
HMP hardline and standards areas.
HMP Section D.7. includes the exact
wording of this existing policy. The HMP is
part of the LCP and it is redundant and
unnecessary to repeat the provisions of the
HMP within the LCP LUP.
39
3-13-1.12 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development. Minimum buffer
widths shall be provided as follows:
a.100 feet for wetlands
b.50 feet for riparian areas
c.20 feet for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime
succulent scrub, southern mixed chaparral, native grassland, oak woodland).
Buffer widths shall be measured from the edge of preserved habitat nearest the development to
the closest point of development. For wetlands and riparian areas possessing an unvegetated
bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank
or steep slope rather than the edge of habitat, unless there is at least 50 feet between the
riparian or wetland area and the toe of the slope. If the toe of the slope is less that 50 feet from
the wetland or riparian area, the buffer shall be measured from the top of the slope.
Any proposed reductions in buffer widths for a specific site shall require sufficient information to
determine that a buffer of lesser width will protect the identified resources. Such information
shall include, but is not limited to, the size and type of the development and/or proposed
mitigation (such as planting of vegetation or the construction of fencing) that will also achieve
the purposes of the buffer. The California Department of Fish and Game, the U.S. Fish and
Wildlife Service, and the Coastal Commission staff shall be consulted in such buffer
determinations.
This policy is proposed to be replaced with
draft LCP policies LCP-6-P.1 and LCP-6-P.3,
which refer to and incorporate the HMP for
ESHA protection inside and outside the
HMP hardline and standards areas.
HMP Section D.7. includes the exact
wording of this existing policy. The HMP is
part of the LCP and it is redundant and
unnecessary to repeat the provisions of the
HMP within the LCP LUP.
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3-13-1.12 Buffers and Fuel Modification Zones
…
No development, grading or alterations, including clearing of
vegetation, shall occur in the buffer area, except for:
a.Fuel modification Zone 3 to a maximum of 20 feet for upland and
non-riparian habitat. No fuel modification shall take place within
50 feet of riparian area, wetlands or oak woodland.
b.Recreation trails and public pathways within the first 15 feet of the
buffer closest to the development, provided that construction of
the trail or pathway and its proposed use is consistent with the
preservation goals for the adjacent habitat, and that appropriate
measures are taken for physical separation from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using
native plants. Signage and physical barriers such as walls or fences shall be
required to minimize edge effects of development.
This policy is proposed to be replaced with draft LCP policies LCP-6-
P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA
protection inside and outside the HMP hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing policy.
The HMP is part of the LCP and it is redundant and unnecessary to
repeat the provisions of the HMP within the LCP LUP.
41
3-13-1.13 Hardline Preserve Boundaries
The purpose of the standards listed above is to ensure that future
development is sited to preserve the maximum amount of ESHA within the
coastal zone, and to establish viable habitat corridors and preserve areas. If
the City, with the concurrence of the wildlife agencies and the Coastal
Commission through an LCP amendment subsequently approves a Hardline
preserve boundary for any properties as part of the HMP, then the onsite
preservation included in the Hardline preserve boundary shall apply.
This policy is proposed to be replaced with the description of the
HMP in Section 6.2 of the draft LCP; as well as draft LCP policies LCP-
6-P.1, LCP-6-P.2 and LCP-6-P.3.
HMP Section D.7-10.b includes the exact wording of the last
sentence of this existing policy. The HMP is part of the LCP and it is
redundant and unnecessary to repeat the provisions of the HMP
within the LCP LUP.
42
3-13-1.14 Invasive Plants
The use of invasive plant species in the landscaping for developments such
as those identified in Table 12 of the HMP shall be prohibited.
This policy is proposed to be replaced with draft LCP policies LCP-6-
P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA
protection inside and outside the HMP hardline and standards areas.
HMP Section F.3.C includes the exact wording of this existing policy.
The HMP is part of the LCP and it is redundant and unnecessary to
repeat the provisions of the HMP within the LCP LUP.
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3-14 Grading and Landscaping Requirements
In addition to the requirements of the City of Carlsbad Drainage Master Plan, permitted new
development shall also comply with the following requirements:
a.Grading activity shall be prohibited during the rainy season: from October 1st to April 1st of
each year.
b.All graded areas shall be landscaped prior to October 1st of each year with either temporary or
permanent landscaping materials, to reduce erosion potential. Such landscaping shall be
maintained and replanted if not well-established by December 1st following the initial planting.
c.The October 1st grading season deadline may be extended with the approval of the City
Engineer subject to implementation by October 1st of special erosion control measures
designed to prohibit discharge of sediments off-site during and after the grading operation.
Extensions beyond November 15th may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as an amendment to an existing coastal development permit.
d.If any of the responsible resource agencies prohibit grading operations during the summer
grading period in order to protect endangered or rare species or sensitive environmental
resources, then grading activities may be allowed during the winter by a coastal development
permit or permit amendment, provided that appropriate best management practices (BMPs)
are incorporated to limit potential adverse impacts from winter grading activities.
This policy is proposed to be replaced with
draft LCP policy LCP-6-P.24.
44
4.1
a.All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
following additional requirements. The SUSMP, dated April 2003 and as amended, and the
City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference.
Development must also comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology Manual to the extent
that these requirements are not inconsistent with any policies of the LCP.
a. Proposed to be replaced by draft policies
LCP-6-P.15 and LCP-6-P.16. Note that
the SUSMP and the San Diego County
Hydrology Manual have been replaced
by the city’s Engineering Standards
Volume’s 4 & 5 (construction and post-
construction BMPs).
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4.1
…
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP’s) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small collection
strategies located at, or as close as possible to, the source (i.e., the point where water initially
meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a
municipal separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition
of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious surfaces
in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize
on-site infiltration of runoff.
b. Proposed to be replaced by draft policies
LCP-6-P.17 and LCP-6-P.18, which reflect
the California Coastal Commission Model
Water Quality Policies.
c. Proposed to be replaced by draft policies
LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality Policies.
d. Proposed to be replaced by draft policies
LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality Policies.
e. (1)(3). Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.19, which
reflect the California Coastal Commission
Model Water Quality Policies.
e. (2). This policy is related more to
protection of natural habitat. Draft LCP
policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3
address this. Clustering of development is
also referenced in the HMP discussion
section of draft LCP Section 6.2.
e. (4). Buffers around wetlands are
addressed by draft LCP policies LCP-6-P.1,
LCP-6-P.2 and LCP-6-P.3, which require
compliance with the HMP.
e. (5)(6). Proposed to be replaced by draft
policy LCP-6-P.19, which reflects the
California Coastal Commission Model
Water Quality Policies.
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4.1
…
e.Development projects should be designed to comply with the
following site design principles:
7.Properly design outdoor material storage areas (including the
use of roof or awning covers) to minimize the opportunity for
toxic compounds, oil and grease, heavy metals, nutrients,
suspended solids and other pollutants from entering the storm
water conveyance system.
8.Incorporate roof or awning covers over trash storage areas to
prevent off-site transport of trash and other pollutants from
entering the storm water conveyance system.
9.Limit disturbances of natural water bodies and natural drainage
systems caused by development including roads, highways and
bridges.
10.Design streets and circulation systems to reduce pollutants
associated with vehicles and traffic resulting from
development.
f.Priority projects identified in the SUSMP will incorporate structural
BMP’s and submit a Water Quality Technical Report as specified in
the NPDES permit and in the SUSMP.
g.Structural BMP’s used to meet SUSMP requirements for priority
projects shall be based on the California Stormwater Quality
Association (CASQA) Stormwater Best Management Practice (BMP)
Handbook, dated January 2003 or the current version of that
publication, and designed to meet, infiltrate, filter or treat the
runoff produced from each storm event up to and including the 85th
percentile 24-hour storm event.
e. (5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which
reflects the California Coastal Commission Model Water Quality
Policies.
e. (7)(8). These policies are proposed to be replaced with draft LCP
policy LCP-6-P.16 and require compliance with the city’s BMP
manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16
requires development be designed to minimize transport of
pollutants; draft policy LCP-6-P.15 requires compliance with
SWPPP and BMP manuals, which require protection of outdoor
storage and trash areas from rainfall, run-on, runoff, and wind.
e. (9). Proposed to be replaced by draft policies LCP-6-P.19 and
LCP-6-P.20, which reflect the California Coastal Commission
Model Water Quality Policies.
e. (10). Proposed to be replaced by draft policy LCP-6-P.19 and
require compliance with the city’s BMP manual (draft policy
LCP-6-P.15). Draft policy LCP-6-P.19 requires development to
minimize installation of impervious surfaces; draft policy LCP-6-
P.15 requires compliance with the city’s BMP manual, which
requires streets, sidewalks and parking lot isles be designed to
the minimum width necessary, and to reduce or eliminate curb
and gutters to allow roadway runoff to drain to adjacent
pervious areas.
f. Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-
P.25, which reflect the California Coastal Commission Model
Water Quality Policies. The SUSMP has been replaced by the
city’s BMP manuals.
g. Proposed to be replaced by draft policy LCP-6-P.25, which
reflects the California Coastal Commission Model Water Quality
Policies. The SUSMP has been replaced by the city’s BMP
manuals.
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4.1
…
h.Priority projects will include projects increasing impervious area by more than
2,500 square feet or by more than 10% of existing impervious area, that are in,
adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified
in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP)
dated April 2003, using the definition of “adjacent to” and “draining directly to”
that are found in the SUSMP.
i.The City shall include requirements in all coastal development permit approvals
to inspect and maintain required BMP’s for the life of the project.
j.The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep
slopes, unstable areas and erosive soils), to minimize impacts on water quality of
excessive erosion and sedimentation. Development shall incorporate soil
stabilization BMPs on disturbed areas as soon as feasible.
l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects
Discharging to Receiving Water within Environmentally Sensitive Areas” as
defined in Appendix I of the SUSMP, including being treated as a priority project
if they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m.Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical
sizing standard, if they are in, within 200 feet, or discharging directly to an ESA,
including the Pacific Ocean or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
h. The city’s BMP manuals, which have replaced the SUSMP,
refer to the city’s MS4 permit for the list of priority
projects. Draft LCP Table 6-2 incorporates the list of
priority projects into the draft LCP. This policy is
proposed to be replaced with the definition in draft LCP
Table 6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit. Draft LCP
Table 6-2 is referenced in draft policy LCP-6-P.25.
i. Proposed to be replaced by draft policy LCP-6-P.22, which
reflects the California Coastal Commission Model Water
Quality Policies.
j. Proposed to be replaced by draft policy LCP-6-P.29
k. Proposed to be replaced by draft policy LCP-6-P.23, which
reflects the California Coastal Commission Model Water
Quality Policies.
l. Proposed to be replaced by draft LCP Table 6-2 and draft
policy LCP-6-P.25.
m. Proposed to be replaced by draft LCP Table 6-2 and draft
policies LCP-6-P.20, and LCP-6-P.25. See the definition in
draft Table 6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit (i.e., residential
projects that increase impervious area by 2500 sq ft or
more, and are within 200 feet of an ESA, and discharge
directly to an ESA, are PDPs).
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4.1
…
n.Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they are
within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards
dated April 2003 without an LCP amendment:
1.Addition of new Best Management Practices (BMP’s) found to be more protective of
water quality than current BMP’s or removal of BMP’s found to be ineffective. (This
does not include removal of BMP’s or categories of BMP’s on the basis that the City
finds them to be infeasible or impractical).
2.Addition of new development categories as Priority Projects.
3.Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4.Reductions in the area of impervious surfaces used to designate a specific category of
Priority Project.
p.Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
n. This policy is proposed to be replaced by draft
policy LCP-6-P.16 and require compliance with the
city’s BMP manuals (draft policy LCP-6-P.15). Draft
policy LCP-6-P.16 requires development be
designed to minimize transport of pollutants;
draft policy LCP-6-P.15 requires compliance with
the city’s BMP manual, which requires all
development projects “to select a landscape
design and plant palette that minimizes required
resources (irrigation, fertilizers and pesticides)
and pollutants generated from landscape areas.”
o and p. Proposed to be replaced by draft policy
LCP-6-P.27. SUSMP is now replaced by the city’s
Engineering Standards Volumes 4 and 5.
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4.GEOLOGIC HAZARDS
4.2 Additionally, grading permits in the plan area shall include the following mitigation measures:
•Avoidance of clearing operations in advance of grading;
•Limit grading to the minimum area necessary to accomplish the proposed development;
•Construction of drainage facilities prior to or concurrently with grading activities;
•Grading of surfaces so as to direct runoff toward planned drainages and, if possible, away
from cut and fill slopes;
•Early planting and maintenance of ground cover suitable for slope erosion control and
maximum retention of natural vegetation;
•Development projects shall preserve, as feasible, natural drainage swales and landforms.
The measures listed in this existing policy are
intended to minimize erosion during construction
(grading). Consistent with California Coastal
Commission Water Quality Model Policies, draft
policy LCP-6-P.23 addresses water quality impacts
during construction. Draft policy LCP-6-P.15
requires compliance with Engineering Standards,
which require construction BMPs that minimize
erosion and water quality impacts.
50
4.3 Development projects shall provide for improvements indicated in the City of Carlsbad
Drainage Master Plan, and shall limit the rate of runoff through the provision of onsite
catchment basins, desilting basins, subsurface drains, and similar improvements as
necessary. Runoff shall be controlled in such a way that the velocity and rate of runoff
leaving the site shall not exceed that of the site in its natural state.
This policy is proposed to be replaced with draft
policies LCP-6-P.15 through LCP-6-P.19.
51
4.4 Recognizing the unique environmental features of the lagoon and its environs and the sensitivity of
the area to soil erodibility and sedimentation, development shall be regulated as follows:
a.Development on existing subdivided lots having all of their area in slopes of 25% or greater
shall be permitted, but grading shall be limited to minimal site preparation for pole-type
footings. Driveway/parking areas shall be limited in size and shall be restricted to an area
adjacent to the local streets. Onsite vegetation shall not be disturbed beyond the minimal
area needed to be cleared for the construction process, which shall be clearly delineated on
approved site plans.
b.Development, grading and landform alteration of natural steep slope areas (25%) shall be
avoided, when feasible. Any unavoidable disturbance shall be minimized to the extent
possible. Exceptions may include encroachments by roadway and utilities necessary to reach
flatter developable areas, when there is no feasible less environmentally damaging
alternative. The maximum allowable density shall be calculated on the total lot area,
although this may be modified through setbacks, plan review, or other requirements of this
plan and applicable City regulations.
c.Use of the Planned Development (PD) mechanism and cluster development shall be
required in areas containing environmentally sensitive resources, extensive steep slope
areas and significant natural landform features.
This policy is proposed to be replaced by draft
policies LCP-7-P.45 through LCP-7-P.49.
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5.PUBLIC WORKS
5.1 All new utility systems shall be placed underground as feasible and
commonly practiced.
This policy was unintentionally not included in the draft LCP. The
following policy is recommended to be added to the draft LCP
(Chapter 5, Scenic and Visual Resource Policies; General policies
applicable within the Coastal Zone (all parcels as applicable)):
“All new utility systems shall be placed underground as feasible and
commonly practiced.”
53 5.2 Parking standards set forth in the Carlsbad Zoning Ordinance, shall be
applied to future developments. This policy is proposed to be replaced by draft policy LCP-4-P.39.
54 5.3 Parking shall be discouraged on arterial and collector streets.
This policy is proposed to be replaced by draft policy LCP-4-P.39. City
parking standards require new development to provide parking on-
site.
55 5.4 The street system for the plan area shall be constructed as indicated in
Exhibit G.
This policy is outdated and not included in the draft LCP. The street
system has been constructed.
56
5.5 Proposed residential development subject to street or Highway noise in
excess of 60 dB shall be subject to an investigation by a qualified
acoustician. This investigation shall recommend specific mitigation
measures.
This policy is not included in the draft LCP. Noise impacts on
residential uses do not relate to Coastal Act policies to protect coastal
resources and provide public access to the coast. Policies that
address noise impacts on residential uses are addressed by the
Carlsbad General Plan.
57
5.6 The extension of Kelly Drive, proposed in the original Specific Plan, has
been deleted. If it is determined that an additional access is needed
for circulation in residential areas and/or to facilitate emergency
access, a local street connecting the Laguna Riviera subdivisions to El
Camino Real may be permitted. Construction of the access will involve
no filling of wetlands or adverse impacts on adjacent environmentally
sensitive areas.
This policy is outdated and not included in the draft LCP. The street
system has been constructed.
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5.7 The Neblina Drive extension shall be allowed if it can be demonstrated that construction of the project
could proceed without significant short or long term adverse impacts on the resources of the area. The
following conditions shall be fulfilled prior to approval of the road extension, subject to the approval of
the City Engineer and the District Director of the San Diego Office of the State Coastal Commission:
a) A runoff control plan prepared by a licensed engineer qualified in hydrology and hydrolics
demonstrating/ that there would be no significant increase in peak runoff rate from the developed
site over the greatest discharge expected from the existing undeveloped site as a result of 6 hour, lo-
year frequency storm. Runoff control may be accomplished by a variety of methods including such
devices as catchment basins, detention basins, siltation traps, or other appropriate measures.
b) Development approvals shall include detailed maintenance provisions for repair and maintenance of
approved drainage and erosion control facilities. Permanent runoff control and erosion control
devices shall be installed prior to or concurrent with onsite grading activities.
c) Development shall meet all other requirements of this plan, including the provisions of the City of
Carlsbad Grading Ordinance and Drainage Master Plan.
This policy is outdated and not
included in the draft LCP. Neblina
Drive has been constructed.
59
5.8 The conceptual alignment recommended by PRC Toups (alignment 1-B) for Cannon Road shall be
incorporated into this plan (see Exhibit G). In developing the precise alignment of the proposed
roadway, the following design criteria and environmental protection measures shall apply:
a) No portion of the road construction shall involve filling or dredging of fresh or saltwater marsh
wetlands, except as noted in the letter from the Coastal Commission to the State Department of Fish
and Game (2/17/82; Attachment 3, P. 56).
b) To the extent that any portion of the road construction would occur in or adjacent to an
environmentally sensitive habitat area other than a wetland, the road shall be sited and designed to
prevent impacts which would significantly degrade such areas, shall avoid significant disruption of
habitat values, and shall be sited and designed to be compatible with the continuance of habitat
values.
c) To the extent that there are no feasible less environmentally damaging alternatives and the road as
designed would nonetheless result in adverse impacts to environmentally sensitive habitat areas,
such impacts shall be fully mitigated in accordance with the recommendations of the State
Department of Fish and Game.
d) To protect agricultural lands from the growth-inducing potential of the project, no agricultural lands
shall be assessed for construction of the road, and the road shall be designed so as to avoid
uncontrolled access into adjacent agricultural areas.
This policy is outdated and not
included in the draft LCP. Cannon
Road has been constructed.
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5.9 Public works improvements shall be provided as follows:
a)Development shall occur in an orderly fashion, with infill properties in the
urbanized area (Exhibit H) receiving priority over urban fringe or outlying
properties.
b)Properties having the greatest availability and proximity to urban services
shall be given priority for development.
c)Dedication of easements and provisions for funding all public
improvements required by this plan and other City plans and ordinances,
shall be a requirement for new development. Improvements shall include
utility extensions, roadways, bicycle and pedestrian access designated
viewpoints, and any other public improvements necessary to
accommodate the proposed development. Public access trails to and
along the lagoon shall be provided consistent with the Pedestrian Access
Plan (Exhibit J) where feasible, in consultation with the Department of
Fish and Game. Public access, and parking on interior streets shall be
required as a condition of coastal development approval at the
subdivision stage either through a public street system, public access
easements or deed restriction. No private gated communities which
preclude the general public from parking and accessing public trails along
the lagoon shall be permitted.
This policy is outdated and not included in the draft LCP.
The areas referred to as “urbanized area” and “urban fringe”
are developed with few developable properties remaining to be
developed. The “outlying properties” are designated as open
space on the LCP land use map.
The water quality policies are proposed to be replaced with
updated water quality policies that are consistent with regional
requirements and California Coastal Commission Water Quality
Model Policies – see draft LCP policies LCP-6-P.13 through LCP-
6-P.29.
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5.10 Water Quality
All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and
conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad
Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for
Public Works Construction when performing public work, and applicable provisions of the NPDES General
Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources
Control Board (State Board Order No. 92-08-DWQ), and any subsequent amendments, and the San Diego
NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water
Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof.
In addition the following shall apply:
New development and significant redevelopment of private and publicly owned properties, must incorporate
design elements and/or Best Management Practices (BMPs) which will effectively prevent runoff
contamination, and minimize runoff volume from the site in the developed condition, to the greatest extent
feasible. At a minimum, the following specific requirements shall be applied to development of type and/or
intensity listed below:
Residential Development
Development plans for, which include residential housing development with greater than 10 housing units
shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to
infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including
the 85th percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the
stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or
engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be
designed in consideration of the following criteria, and approved prior to issuance of a coastal development
permit:
a.Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into
the ground and/or design site with the capacity to convey or store peak runoff from a storm and release it
at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies;
b.Use porous materials for or near walkways and driveways where feasible;
c.Incorporate design elements which will serve to reduce directly connected impervious area where
feasible. Options include the use of alternative design features such as concrete grid driveways, and/or
pavers for walkways.
This policy is outdated and not
included in the draft LCP.
The areas referred to as “urbanized
area” and “urban fringe” are
developed with few developable
properties remaining to be developed.
The “outlying properties” are
designated as open space on the LCP
land use map.
The water quality policies are
proposed to be replaced with updated
water quality policies that are
consistent with regional requirements
and California Coastal Commission
Water Quality Model Policies – see
draft LCP policies LCP-6-P.13 through
LCP-6-P.29.
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5.10 Water Quality
…
d. Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of
vegetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be designed
to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or
biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in
non-erosive manner.
e. Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance
contained in the California Stormwater Best Management Practices Handbook (Municipal).
11.The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project.
Parking Lots
Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with 25 or more parking
spaces, susceptible to stormwater, shall:
a.Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons,
heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the
stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of
vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination
thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from
each and every storm event up to and including the 85th percentile 24-hour runoff event. BMPs shall be engineered
and constructed in accordance with the guidance and specifications provided in the California Stormwater Best
Management Practices Handbooks (Commercial and Industrial).
All Development
a.A public education program designed to raise the level of awareness of water quality issues around the lagoon
including such elements as catch basin stenciling and public awareness signs;
b.A landscape management plan that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water quality/urban runoff control plan and
monitoring program to ensure the discharge from all proposed outlets is consistent with local and regional standards.
Such measures shall be required as a condition of coastal development permit approval at the subdivision and/or
development stage, as appropriate.
This policy is outdated and not
included in the draft LCP.
The areas referred to as
“urbanized area” and “urban
fringe” are developed with few
developable properties
remaining to be developed.
The “outlying properties” are
designated as open space on
the LCP land use map.
The water quality policies are
proposed to be replaced with
updated water quality policies
that are consistent with
regional requirements and
California Coastal Commission
Water Quality Model Policies –
see draft LCP policies LCP-6-
P.13 through LCP-6-P.29.
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6. RECREATION AND VISITOR-SERVICING FACILITIES
63
6.1 Whitey's Landing and Snug Harbor shall be designated for continued
recreational-commercial use. Expansion of existing facilities at these locations shall
be encouraged (Exhibit "B").
Section 2.3 of the draft LCP includes the LCP land use map,
which designates these sites for visitor commercial use.
This policy is proposed to be replaced with policies that
promote visitor serving uses throughout the coastal zone, not
just specific sites. See draft LCP policies LCP-3-P.14 to 16.
64
6.2 Construction of private docks, boat storage and launching facilities shall be
subject to approval by the U.S. Army Corp of Engineers, the State Department
of Fish and Game, the City of Carlsbad and the California Coastal Commission,
consistent with Coastal Act Policies.
This policy is proposed to be replaced by draft policy LCP-3-
P.11.
65
6.3 The SDG&E agricultural conversion property adjacent to the I-5 freeway, shall
be designated Travel Services. This will allow for 45 acres of additional visitor-
serving commercial uses.
Section 2.3 of the draft LCP, which includes the land use map,
replaces this policy regarding the site’s land use designation.
The TS (Travel Services) designation is proposed to be replaced
with VC (Visitor Commercial), consistent with the General
Plan. See row 1, above.
66
6.4 If demand for boating/launching facilities cannot be accommodated by
existing development, and it can be demonstrated that the lagoon will not be
adversely affected by additional boating access and is consistent with Coastal
Act Policies, the City should develop public or joint public/private boat
facilities in the area of Hoover Street.
This policy is proposed to be replaced by draft policy LCP-3-
P.7.
67 6.5 The Encina fishing area on the outer lagoon should be maintained as a public
activity area.
This policy is proposed to be replaced by draft policy LCP-3-
P.8.
68
6.6 If boating activities on the inner lagoon reach such a high level of use that
public safety is endangered or the lagoon ecosystem is being adversely
impacted, the City may act to restrict maximum carrying capacity, reduce
maximum speeds and limit the horse-power of boats.
This policy is proposed to be replaced by draft policy LCP-3-
P.7.
69 6.7 The present recreational uses of the lagoon shall be maintained and where
feasible, expanded.
This policy is proposed to be replaced by draft policy LCP-3-
P.6.
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7. SHORELINE ACCESS
7.1 Bicycle routes, and accessory facilities such as bike racks,
benches, trash containers and drinking fountains shall be
installed at the locations indicated on Exhibit I.
This policy is outdated. Exhibit I (referenced in this policy) is not consistent
with the city’s bicycle and trails network plans. Draft LCP Figures 4-2 and 4-4
show the location of existing and future trails and bikeways. Most of the
“bicycle routes” shown on Exhibit I are reflected on either Figure 4-2 or 4-4 (as
a trail or bikeway). Bikeways are generally limited to streets, while trails
include off-road pedestrian and multi-use pathways.
This policy is proposed to be replaced with draft LCP policies LCP-4-P.22 to 27.
Draft LCP “complete streets” policies (LCP-4-P.28 to 36) provide additional
guidance regarding pedestrian and bicycle connectivity.
71 7.2 Pedestrian access ways shall be located as shown on Exhibit J.
This policy is outdated. Draft LCP Figure 4-2 shows the location of existing and
future trails and Draft LCP Figures 4-1A-C show the location of vertical and
lateral pedestrian access.
The provision of shoreline (vertical and lateral) pedestrian access is proposed to
be addressed through policies LCP-4-P.1 to 21.
Proposed “complete streets” policies (LCP-4-P.28 to 36) provide additional
guidance regarding pedestrian and bicycle connectivity.
72
7.3 All pedestrian trails shall be constructed to a minimum width
of 5 feet. Combination bicycle/pedestrian trail shall be a
minimum 10 feet wide.
This policy is not proposed as part of the updated LCP. Trails standards are
specified in the Trails Master Plan.
73
7.4 Vertical pedestrian access easements shall be a minimum 10
feet in width. Combination bicycle/pedestrian easements
and lateral easements shall be a minimum 25 feet in width.
This policy is proposed to be replaced with draft LCP policies LCP-4-P.4 and 7.
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74
7.5 Bike route and pedestrian improvements shall be financed according to the
following criteria:
(1)Routes through established neighborhoods such as Carlsbad Boulevard
and Tamarack Avenue shall be financed with City, State or Federal
funds.
(2) Routes adjacent to undeveloped properties shall be constructed at the
expense of the developer at the time of development, or may be
constructed by the City, subject to the availability of funding.
Regarding bikeway and pedestrian improvements on city
streets, the city addresses the need for funding through its CIP
process. Funding of improvements on private land is addressed
during project approval and conditions. The draft LCP proposes
policies that state bikeways and pedestrian access shall be
provided; the policies do not say how such improvements will
be funded, as that is determined at a later stage.
Draft LCP policy LCP-4-P.11 is proposed, which addresses the
objective to seek funding from various agencies to provide
more access points.
75
7.6 Access to and along the north shore of the lagoon shall be made continuous,
to the maximum extent feasible, and shall be provided as a condition of
development approval for all shorefront properties. All access ways shall be
designed in such a manner as to allow for reasonable use by any member of
the general public, and shall be designed to accommodate bicycle as well as
pedestrian use. Access ways under the railroad and I-5 bridges may be
designed for pedestrian use only, if bicycles could not feasibly be
accommodated. If the City of Carlsbad cannot provide access under the two
bridges through its best efforts, such access shall be required only if funding
assistance is forthcoming from the Coastal Conservancy or other public or
private source and the relevant agencies (Caltrans and the railroad company)
have given the necessary approvals.
This policy is proposed to be replaced with draft LCP policies
LCP-4-P.8 and 14 (the topic of providing additional access to the
lagoons and funding is addressed by draft policy LCP-4-P.11).
76 [There is no policy 7.7 in the Agua Hedionda Segment Land Use Plan]
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7.8 Design of Access Easements, Buffer Areas, and Adjacent Development
All access ways should be designed to enhance recreational use, and should include
adequate open spaces for light and air, adequate signing, inviting design, and
provision of adequate buffer areas and buffer landscaping to minimize conflicts with
adjacent private property. All lateral public access easements shall be at least 25
feet in width landward of the mean high tide line, unless infeasible due to extreme
topographic limitation. The portion of the easement which is actually developed for
access purposes may be less than the complete 25-foot width, provided that the
developed area is sufficient to reasonably accommodate anticipated access demand.
To meet these objectives, the following design criteria shall apply to all structures
proposed to be located within 100 feet of any access easement or other public
recreational use area:
a)All portions of such structures shall be set back from the point nearest any
public use area a distance equivalent to twice the height of the structure above
finished grade; and
b)New development shall provide landscaping adequate to minimize visual
intrusion upon public use areas.
This policy is proposed to be replaced with draft LCP
policies LCP-4-P.7, 9, 15 and 16.
78
7.9 Access Signing
All public use areas shall be clearly identified through a uniform signing program, to
be carried out by the City of Carlsbad or as a condition of individual private
developments. Signs or other devices on public or private property which might
deter use of public access areas shall be prohibited within the Agua Hedionda Plan
area.
This policy is proposed to be replaced with draft LCP
policy LCP-4-P.16.
79
7.10 Bristol Cove
To minimize potential traffic conflicts development in Bristol Cove should discourage
parking design which necessitates backing out into the street. A single driveway with
adequate onsite turning area would contribute to traffic safety, and would also
permit enhancement of the visual aesthetics of the area by providing room for buffer
landscaping.
This policy is outdated and has been implemented; it
is not proposed as part of the draft LCP. Bristol Cove
has been developed; parking and vehicle circulation
were designed consistent with the city’s parking and
engineering requirements, which ensure public safety.
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7.11 “Pannonia” Property
To achieve consistency with Sections 30221 and 30252(b) of the Coastal Act, design
of a residential subdivision on the Pannonia property shall preserve the bluff face
and provide for a landscaped recreational access way around the south and west
perimeter of the blufftop. Such a trail shall be of adequate width and designed to
facilitate public use for bicycling, strolling and other passive recreational purposes.
This policy is outdated and has been implemented; it is not
proposed as part of the draft LCP. As part of the residential
development on the subject site, a public pedestrian/bicycle
access easement/trail (per CT 85-18) was constructed and is
existing along the south and west perimeter of the blufftop.
81
7.12 Public transit availability shall be provided as follows:
a)As land within the Specific Plan area develops, the North County Transit
Company bus system should be expanded to provide optimum levels of service.
b)Future street systems within the Specific Plan area shall be constructed in a
manner which can accommodate the public bus system.
c) Accessory facilities, such as bus turnouts, shelter and benches shall be provided
at key locations along the existing and future bus routes.
This policy is proposed to be replaced with draft LCP policies
LCP-4-P.28, and 34 to 36.
82
7.13 Informal vertical beach access through the SDG&E beach front property should
be improved and dedicated to the appropriate management agency (i.e., City
of Carlsbad, Coastal Conservancy or State Department of Parks and
Recreation).
This policy is proposed to be replaced with draft LCP policy
LCP-4-P.13.
83
8. VISUAL RESOURCES AND HISTORIC PRESERVATION
8.1 Park Avenue, Adams Avenue and Carlsbad Boulevard are designated as scenic
roadways. Development adjacent to these roads shall maintain a minimum
20-foot landscaped buffer between the street and parking areas. Required
landscaped setbacks may include sidewalks and bikeways, but shall not include
parking areas. Parking areas shall be screened from the street utilizing
vegetation, tree forms, and berms, as appropriate.
This policy is proposed to be replaced with draft LCP Figures 5-
3A, B and C, and policy LCP-5-P.26 to 30.
The existing policy treats the street as the scenic resource; the
proposed new policies treat the street as a public area from
which to view the coastal viewshed. The existing policy
requirement to screen parking areas with landscaping could
conflict with the new policies, which specify that landscaping
shall not block views of the coastal viewshed.
84 8.2 Special vista points and viewing areas shall be preserved, and made available
to the public, as indicated on Exhibit K.
This policy is proposed to be replaced with draft LCP Figures 5-
3A, B and C, and policy LCP-5-P.26 to 30. Figures 5-3A, B and C
identify “scenic viewing areas” from which views of the coastal
viewshed are to be protected. The scenic viewing areas
shown on Figures 5-3A, B and C are more comprehensive than
the vista points and viewing areas referenced in this existing
policy.
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8.3 Development located adjacent to scenic roadways, or located between the
road and shoreline, shall be regulated as follows:
a. Where a significant elevation difference (e.g., 35 feet) exists between the
shoreline and the first parallel public road, as in the case of Hedionda Point
and Snug Harbor, no portion of a structure in the intervening area shall be
permitted to exceed the elevation of the roadway.
b. Where no significant elevation difference exists between the shoreline and the
first parallel public road, permitted development in the intervening area shall
provide a view corridor, of a width equivalent to at least one-third of the road
frontage of the parcel, which shall be kept free of all structures and free of
landscaping which at maturity would rise above a reasonable view line from
vehicles passing on the public road.
c. On all property adjoining the shoreline, permitted development shall be
designed to "step down" in height, to avoid casting shadows on shoreline
areas and to produce a perceived transition from open space areas to
developed areas; and
d. Any development proposed to be located on or near a significant landform
(e.g., Hedionda Point) shall be designed so as to minimize disturbance of
natural landforms, and shall be developed in a manner that assures its
compatibility and harmony with the natural landform through use of such
architectural techniques as terraced or pole foundations and variation of roof
lines to complement the topography.
e. Any residential subdivision on Planning Area A shall be designed to preserve
natural landforms and shall provide a public view corridor at the western
property line of sufficient width to preserve the existing view towards the
lagoon in that location. At least one additional view corridor shall be provided
across the central portion of the site, such that the total width of at least two
view corridors is not less than 200 feet. The public view corridor(s) shall be
kept free of all structures and free of landscaping which at maturity would rise
above a reasonable viewline from vehicles passing on the public road. The
view corridor shall be secured through deed restriction or easement as a
condition of subdivision approval.
a. This policy is proposed to be replaced with draft LCP policy
LCP-5-P.31.A.
b. This policy is proposed to be replaced with draft policy
LCP-5-P.31.B
c. This policy is proposed to be replaced with draft LCP
policies LCP-5-P.23.
d. This policy is proposed to be replaced with draft LCP policy
LCP-5-P.22.
e. It’s not clear where Planning Area A is. This policy is the
only reference to the area. Since the policy requires two
200-foot view corridors, it likely originally applied to a
large undeveloped parcel. There no longer remains any
single large undeveloped parcel (that is developable).
Planning Area A is likely now subdivided and developed.
This policy is not proposed as part of the draft LCP.
Draft policy LCP-5-P.31B ensures new development will
provide view corridors of the coastal viewshed from scenic
streets.
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86 8.4 All new development in the plan area shall be subject to the
provisions of the Carlsbad Scenic Preservation Overlay Zone.
This policy is not proposed as part of the draft LCP.
The Scenic Preservation Overlay Zone states that the city can adopt
standards or guidelines for areas where the overlay zone is applied. The SP
overlay zone was not applied to the Agua Hedionda Segment; and therefore,
no scenic standards have been established for the area.
Draft LCP policies LCP-5-P.22 through 32 provide specific guidance on
protection of public views of scenic areas; whereas the SP overlay zone does
not provide any specific guidance for this area.
87 8.5 Archaeological sites in the plan area shall be preserved or
excavated as provided in Attachment 2.
This policy is proposed to be replaced with draft LCP policies LCP-5-P.12
through LCP-5-P.21.
Note: Attachment 2 of the Agua Hedionda LUP refers to specific cultural
resource sites and the importance of resources at the sites. While the site
locations are not identified, the level of information and reference to specific
sites may not be consistent with laws that protect the confidentiality of
Native American resources. Also, the methods that Attachment A identify to
protect the resources were based on methods utilized in the late 70s/early
80s; the proposed draft LUP includes policies that are consistent with new
state laws and require that qualified professionals determine the appropriate
measures to protect resources.
88
8.6 The regulation of signs shall be in accordance with the Carlsbad
Zoning Ordinance. Additionally, no freestanding, roof or pole
signs shall be permitted. Commercial uses shall provide wall or
monument signs.
This policy is proposed to be replaced with draft LCP policy LCP-5-P.25.
89
8.7 To achieve consistency with Sections 30221 and 30252(b) of the
Coastal Act, design of a residential subdivision on the Pannonia
property shall preserve the bluff face and provide for a
landscaped recreational access way around the south and west
perimeter of the blufftop. Such a trail shall be of adequate
width and designed to facilitate public use for bicycling strolling
and other passive recreational purposes.
This policy has been implemented and is not proposed as part of the draft
LCP.
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1. Standard Pacific
Policy 1 - Maximum Density of Development
The Standard Pacific property shall be designated for a medium density residential
development with a maximum density of 7 dwelling units per gross acre. The property shall
be developed using the City's RD-M (Residential-Multiple Zone) or PC (Planned Community)
in effect at the date of certification. An overlay zone shall be established incorporating the
Coastal Act requirements. All permitted uses in the underlying zone shall be conditional
uses in the overlay zone. Divisions of land and other developments as defined in the Coastal
Act shall be in accord with the requirements of the Policies contained herein. Poinsettia
Lane shall be extended only as generally shown on the PRC Toups land use map to the
eastern boundary of the site. The location of Poinsettia Lane is in no way determined by
this Local Coastal Program (LCP), however, this LCP is not intended to preclude access to
agricultural areas to the east.
Development of the property may occur only under the provisions of the Pacific Rim
Country Club and Resort Master Plan, and shall be subject to the requirement of Policy 2
“Agriculture/Planned Development.”
This policy has been implemented; the site has been
developed consistent with the policy. The policy is not
proposed as part of the draft LCP.
The LCP land use designations for the property are R-8
(4-8 du/ac) and OS; LCP zoning is RD-M and OS.
Poinsettia Lane has been extended beyond the eastern
boundary of the property; the policy language is out
dated.
91
1. Standard Pacific
…
Policy 2 – Buffers
A sturdy fence capable of attenuating noise and dust impacts, generally to be a concrete
block wall a minimum of 6 feet in height, shall be provided between residential
development and agricultural areas to the north and east. As a partial alternative,
utilization of natural topographic separations such as trees, Chaparral, and existing slopes is
encouraged, to the extent that such separations can be incorporated into site planning and
would accomplish adequate attenuation to noise and dust. Permanent maintenance of this
area and any structures, through a homeowners association or other acceptable means,
shall be provided as a condition of development.
This policy is no longer relevant. The agricultural areas
north and east of the Standard Pacific property have
converted and are now developed with residential
uses.
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1.Standard Pacific -
…
Policy 3 – Drainage, Erosion Control
a.All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the
City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan
(SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements contained herein.
The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are
hereby incorporated into the LCP by reference. Development must also comply with the requirements
of the Jurisdiction Urban Runoff Management Program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any policies of the LCP. Such
mitigation shall become an element of the project and shall be installed prior to the initial grading. At
a minimum, such mitigation shall require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan between the project site and the lagoon (including the debris basin),
revegetation of all graded areas immediately after grading, and mechanism for permanent
maintenance if the City declines to accept the responsibility. Construction of drainage improvements
may be through formation of an assessment district or through any similar arrangement that allots
costs among the various landowners in an equitable manner.
b.Prior to making land use decisions, the City shall utilize methods available to estimate increases in
pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases to pollutant loads and minimize any increases in peak runoff rate.
c.Water pollution prevention methods shall be implemented to the maximum extent practicable, and
supplemented by pollutant source controls and treatment. Small collection strategies located at, or as
close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the
transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system
(MS4) shall be utilized.
d.Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an
exceedance of receiving water quality objectives or which have not been reduced to the maximum
extent practicable.
a.Proposed to be replaced by draft
policies LCP-6-P.15 and LCP-6-P.16.
Note that the SUSMP and the San
Diego County Hydrology Manual
have been replaced by the city’s
Engineering Standards Volume’s 4 &
5 (construction and post-
construction BMPs).
b.Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.18,
which reflect the California Coastal
Commission Model Water Quality
Policies.
c.Proposed to be replaced by draft
policies LCP-6-P.18, LCP-6-P.19 and
LCP-6-P.25, which reflect the
California Coastal Commission
Model Water Quality Policies.
d.Proposed to be replaced by draft
policies LCP-6-P.16, LCP-6-P.18 and
LCP-6-P.25, which reflect the
California Coastal Commission
Model Water Quality Policies.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
ATTACHMENT 4 – Page 38
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EXISTING LCP POLICIES
MELLO I SEGMENT
93
1.Standard Pacific -
…
Policy 3 – Drainage, Erosion Control
…
e.Development projects should be designed to comply with the following site design
principles:
1)Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2)To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3)Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4)Provide development-free buffer zones for natural water bodies.
5)Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6)Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7)Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8)Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water
conveyance system.
9)Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10)Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
e. (1)(3). Proposed to be replaced by draft policies LCP-6-P.17
and LCP-6-P.19, which reflect the California Coastal
Commission Model Water Quality Policies.
e. (2). This policy is related more to protection of natural
habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3
address this. Clustering of development is also referenced in
the HMP discussion section of draft LCP Section 6.2.
e. (4). Buffers around wetlands are addressed by draft LCP
policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require
compliance with the HMP.
e. (5)(6). Proposed to be replaced by draft policy LCP-6-P.19,
which reflects the California Coastal Commission Model
Water Quality Policies.
e. (7)(8). These policies are proposed to be replaced with draft
LCP policy LCP-6-P.16 and require compliance with the city’s
BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-
P.16 requires development be designed to minimize
transport of pollutants; draft policy LCP-6-P.15 requires
compliance with SWPPP and BMP manuals, which require
protection of outdoor storage and trash areas from rainfall,
run-on, runoff, and wind.
e. (9). Proposed to be replaced by draft policies LCP-6-P.19 and
LCP-6-P.20, which reflect the California Coastal Commission
Model Water Quality Policies.
e. (10). Proposed to be replaced by draft policy LCP-6-P.19 and
require compliance with the city’s BMP manual (draft policy
LCP-6-P.15). Draft policy LCP-6-P.19 requires development to
minimize installation of impervious surfaces; draft policy LCP-
6-P.15 requires compliance with the city’s BMP manual,
which requires streets, sidewalks and parking lot isles be
designed to the minimum width necessary, and to reduce or
eliminate curb and gutters to allow roadway runoff to drain
to adjacent pervious areas.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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1.Standard Pacific -
…
Policy 3 – Drainage, Erosion Control
…
f. Priority projects identified in the SUSMP will incorporate structural BMPs and
submit a Water Quality Technical Report as specified in the NPDES permit and in
the SUSMP.
g.Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version
of the publication, and designed to meet, infiltrate, filter or treat the runoff
produced from each storm event up to and including the 85th percentile 24-hour
storm event.
h.Priority projects will include projects increasing impervious area by more than
2,500 square feet or by more than 10% of existing impervious area, that are in,
adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in
the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated
April 2003, using the definitions of “adjacent to” and “draining directly to” that are
found in the SUSMP.
i.The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
j.The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k.Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep
slopes, unstable areas and erosive soils), to minimize impacts on water quality of
excessive erosion and sedimentation. Development shall incorporate soil
stabilization BMPs on disturbed areas as soon as feasible.
f. Proposed to be replaced by draft policies LCP-6-P.18
and LCP-6-P.25, which reflect the California Coastal
Commission Model Water Quality Policies. The SUSMP
has been replaced by the city’s BMP manuals.
g.Proposed to be replaced by draft policy LCP-6-P.25,
which reflects the California Coastal Commission Model
Water Quality Policies. The SUSMP has been replaced
by the city’s BMP manuals.
h.The city’s BMP manuals, which have replaced the
SUSMP, refer to the city’s MS4 permit for the list of
priority projects. Draft LCP Table 6-2 incorporates the
list of priority projects into the draft LCP. This policy is
proposed to be replaced with the definition in draft LCP
Table 6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit. Draft LCP
Table 6-2 is referenced in draft policy LCP-6-P.25.
i.Proposed to be replaced by draft policy LCP-6-P.22,
which reflects the California Coastal Commission Model
Water Quality Policies.
j.Proposed to be replaced by draft policy LCP-6-P.29
k.Proposed to be replaced by draft policy LCP-6-P.23,
which reflects the California Coastal Commission Model
Water Quality Policies.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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1.Standard Pacific -
…
Policy 3 – Drainage, Erosion Control
…
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Project Discharging to Receiving Water
within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as
a priority project if they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family residences, are generally
exempt from the SUSMP priority project requirements, they shall meet those requirements, including
achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to
an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer
showing that as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and landscape designs or
other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal
bluffs or rocky intertidal areas.
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003
without an LCP amendment:
1)Addition of new Best Management Practices (BMPs) found to be more protective of water quality
than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of
BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impracticable).
2)Addition of new development categories as Priority Projects.
3)Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4)Reductions in the area of impervious surfaces used to designate a specific category of Priority
Project.
p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes
will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify
the Executive Director in writing of any of the above listed changes. For any changes not included in the
above list, the City shall contact the Executive Director to determine whether an LCP amendment is
necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes.
l. Proposed to be replaced by draft LCP
Table 6-2 and draft policy LCP-6-P.25.
m. Proposed to be replaced by draft LCP
Table 6-2 and draft policies LCP-6-
P.20, and LCP-6-P.25. See the
definition in draft Table 6-2 (row 5),
which is consistent with current
regional requirements per the MS4
permit (i.e., residential projects that
increase impervious area by 2500 sq ft
or more, and are within 200 feet of an
ESA, and discharge directly to an ESA,
are PDPs).
n. This policy is proposed to be replaced
by draft policy LCP-6-P.16 and require
compliance with the city’s BMP
manuals (draft policy LCP-6-P.15).
Draft policy LCP-6-P.16 requires
development be designed to minimize
transport of pollutants; draft policy
LCP-6-P.15 requires compliance with
the city’s BMP manual, which requires
all development projects “to select a
landscape design and plant palette
that minimizes required resources
(irrigation, fertilizers and pesticides)
and pollutants generated from
landscape areas.”
o and p. Proposed to be replaced by draft
policy LCP-6-P.27. SUSMP is now
replaced by the city’s Engineering
Standards Volumes 4 and 5.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
ATTACHMENT 4 – Page 41
Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES
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MELLO I SEGMENT
96
1.Standard Pacific
…
Policy 4 - Parking
Parking shall be in conformance with the requirements of the City of Carlsbad Zoning
Ordinance.
This policy is proposed to be replaced with draft LCP policy
LCP-4-P.39.
97
1.Standard Pacific
…
Policy 5 – Environmental Impact Report
Biological and cultural resources on the site shall be identified, and any adverse
impacts associated with development mitigated, through a site specific environmental
impact report (EIR). Proposed mitigation shall be incorporated in the project design.
This policy is no longer relevant. The Standard Pacific
property is developed with residential uses or is designated
open space. The development was subject to
environmental review per CEQA, which included evaluation
and mitigation of any significant impacts to biological and
cultural resources.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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98
2.Occidental Land, Inc.
Policy 1 - Land Uses
The “Occidental Land, Inc.” landowners elected to pay an agriculture conversion fee
as required by the Agricultural Subsidy Program established by the Mello II LCP
Segment (AB 1971) adopted and certified by the Coastal Commission on June 3,
1981. With the election to pay the agriculture conversion fee, the Agricultural
Subsidy Program allowed the “Occidental Land, Inc.” properties to be developed in
accordance with the land uses described below.
Pursuant to State Legislation in 1984, the Agricultural Subsidy Program was
replaced with the Agriculture Conversion Mitigation Fee (Public Resource Code
Section 30171.2 and 30171.5) (Mello II Segment Policy 2-1 Option 3).
As per Public Resource Code Section 30171.2, the land use policies established in
1981 by the adoption of the Mello II Segment remained “operative” even though
the Agricultural Subsidy Program was replaced.
The Occidental Land parcels are hereby designated as follows:
(1)The area located east of Interstate 5 and north of Poinsettia Lane shall be
designated for residential use at a maximum density of 8 dwelling units per
acre.
(2)The area located east of Interstate 5 and south of Poinsettia Lane shall be
designated for residential use at a maximum density of 8 dwelling units per
acre.
(3)The area located west of Interstate 5 and south of Poinsettia Lane shall be
designated for visitor-serving or neighborhood commercial development
according to Chapter 21.26 of the Carlsbad Zoning Ordinance.
(4)The area located west of Interstate 5 and north of Poinsettia Lane shall be
designated for visitor-serving or neighborhood commercial development
according to Chapter 21.26 of the Carlsbad Zoning Ordinance, provided that
a minimum of 35% is developed as visitor serving uses.
This policy has been implemented; the site has been
developed consistent with the policy. The policy is not
proposed as part of the draft LCP.
1.The area east of I-5 and north of Poinsettia Lane is
developed per the R-8 (4-8 du/ac) and OS LCP land use
designations.
2.The area east of I-5 and south of Poinsettia Lane is
developed per the R-8 (4-8 du/ac) and OS LCP land use
designations.
3.The area west of I-5 and south of Poinsettia Lane is
developed per the Local Shopping Center (L) LCP land use
designation.
4.The area west of I-5 and north of Poinsettia Lane is
developed per the Visitor Commercial (VC) and General
Commercial (GC) LCP land use designations.
Approximately 60% of the area is developed with visitor
serving uses (hotels and a restaurant).
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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2. Occidental Land, Inc.
…
Policy 2 – Drainage, Erosion Control
a. All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of
the City’s Grading Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the additional requirements contained herein. The SUSMP,
dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby
incorporated into the LCP by reference. Development must also comply with the requirements
of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any policies
of the LCP. Such mitigation shall become an element of the project and shall be installed prior to
initial grading. Mitigation shall also require construction of all improvements shown in the City
of Carlsbad Drainage Master Plan and amendments thereto between the project site and the
lagoon (including the debris basin), revegetation of all graded areas immediately after grading,
and a mechanism for permanent maintenance if the City declines to accept responsibility. The
offsite drainage improvements shall be reimbursable to Occidental by use of assessment
districts, development agreements or other appropriate means acceptable to the City.
b. Prior to making land use decisions, the City shall utilize methods available to estimate increases to
pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases to peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable, and
supplemented by pollutant source controls and treatment. Small collection strategies located at, or
as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
water system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to
an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
…
a. Proposed to be replaced by draft
policies LCP-6-P.15 and LCP-6-P.16.
Note that the SUSMP and the San
Diego County Hydrology Manual have
been replaced by the city’s
Engineering Standards Volume’s 4 &
5 (construction and post-construction
BMPs).
b. Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.18,
which reflect the California Coastal
Commission Model Water Quality
Policies.
c. Proposed to be replaced by draft
policies LCP-6-P.18, LCP-6-P.19 and
LCP-6-P.25, which reflect the
California Coastal Commission Model
Water Quality Policies.
d. Proposed to be replaced by draft
policies LCP-6-P.16, LCP-6-P.18 and
LCP-6-P.25, which reflect the
California Coastal Commission Model
Water Quality Policies.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
ATTACHMENT 4 – Page 44
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MELLO I SEGMENT
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2.Occidental Land, Inc.
…
Policy 2 – Drainage, Erosion Control
…
e.Development projects should be designed to comply with the following site
design principles:
1.Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
3.Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands
and buffer zones. Land acquisition of such areas shall be encouraged.
4.Provide development-free buffer zones for natural water bodies.
5.Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6.Where feasible implement site design/landscape features to slow runoff
and maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use of
roof or awning covers) to minimize the opportunity for toxic
compounds, oil and grease, heavy metals, nutrients, suspended solids
and other pollutants from entering the storm water conveyance system.
8.Incorporate roof or awning covers over trash storage to prevent off-site
transport of trash and other pollutants from entering the storm water
conveyance system.
9.Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10.Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
e. (1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and
LCP-6-P.19, which reflect the California Coastal Commission
Model Water Quality Policies.
e. (2). This policy is related more to protection of natural habitat.
Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 address
this. Clustering of development is also referenced in the HMP
discussion section of draft LCP Section 6.2.
e. (4). Buffers around wetlands are addressed by draft LCP policies
LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance
with the HMP.
e. (5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which
reflects the California Coastal Commission Model Water Quality
Policies.
e. (7)(8). These policies are proposed to be replaced with draft LCP
policy LCP-6-P.16 and require compliance with the city’s BMP
manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16
requires development be designed to minimize transport of
pollutants; draft policy LCP-6-P.15 requires compliance with
SWPPP and BMP manuals, which require protection of outdoor
storage and trash areas from rainfall, run-on, runoff, and wind.
e. (9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-
6-P.20, which reflect the California Coastal Commission Model
Water Quality Policies.
e. (10). Proposed to be replaced by draft policy LCP-6-P.19 and
require compliance with the city’s BMP manual (draft policy LCP-
6-P.15). Draft policy LCP-6-P.19 requires development to
minimize installation of impervious surfaces; draft policy LCP-6-
P.15 requires compliance with the city’s BMP manual, which
requires streets, sidewalks and parking lot isles be designed to
the minimum width necessary, and to reduce or eliminate curb
and gutters to allow roadway runoff to drain to adjacent
pervious areas.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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EXISTING LCP POLICIES
MELLO I SEGMENT
101
2.Occidental Land, Inc.
…
Policy 2 – Drainage, Erosion Control
…
f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced
from each storm event up to and including the 85th percentile 24-hour storm event.
h.Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to “Environmentally Sensitive Areas” (ESA) identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using
the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP.
i.The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
j.The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k.Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
…
f. Proposed to be replaced by draft policies LCP-6-
P.18 and LCP-6-P.25, which reflect the California
Coastal Commission Model Water Quality Policies.
The SUSMP has been replaced by the city’s BMP
manuals.
g. Proposed to be replaced by draft policy LCP-6-P.25,
which reflects the California Coastal Commission
Model Water Quality Policies. The SUSMP has been
replaced by the city’s BMP manuals.
h. The city’s BMP manuals, which have replaced the
SUSMP, refer to the city’s MS4 permit for the list of
priority projects. Draft LCP Table 6-2 incorporates
the list of priority projects into the draft LCP. This
policy is proposed to be replaced with the
definition in draft LCP Table 6-2 (row 5), which is
consistent with current regional requirements per
the MS4 permit. Draft LCP Table 6-2 is referenced
in draft policy LCP-6-P.25.
i. Proposed to be replaced by draft policy LCP-6-P.22,
which reflects the California Coastal Commission
Model Water Quality Policies.
j. Proposed to be replaced by draft policy LCP-6-P.29
k. Proposed to be replaced by draft policy LCP-6-P.23,
which reflects the California Coastal Commission
Model Water Quality Policies.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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EXISTING LCP POLICIES
MELLO I SEGMENT
102
2.Occidental Land, Inc.
…
Policy 2 – Drainage, Erosion Control
…
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving
Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including
being treated as a priority project if they create more than 2,500 square feet of impermeable surface
or increase the impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet
of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report
signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n.Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an
ESA, coastal bluffs or rocky intertidal areas.
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April
2003 without an LCP amendment:
1)Addition of new Best Management Practices (BMPs) found to be more protective of water quality
than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of
BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impractical).
2)Addition of new development categories as Priority Projects.
3)Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4)Reductions in the area of impervious surfaces used to designate a specific category of Priority
Project.
p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning Director
shall notify the Executive Director in writing of any of the above listed changes. For any changes not
included in the above list, the City shall contact the Executive Director to determine whether an LCP
amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
l. Proposed to be replaced by draft LCP Table
6-2 and draft policy LCP-6-P.25.
m. Proposed to be replaced by draft policies
draft LCP Table 6-2 and draft policies LCP-
6-P.20, and LCP-6-P.25. See the definition
in draft Table 6-2 (row 5), which is
consistent with current regional
requirements per the MS4 permit (i.e.,
residential projects that increase
impervious area by 2500 sq ft or more,
and are within 200 feet of an ESA, and
discharge directly to an ESA, are PDPs).
n. This policy is proposed to be replaced draft
policy LCP-6-P.16 and require compliance
with the city’s BMP manuals (draft policy
LCP-6-P.15). Draft policy LCP-6-P.16
requires development be designed to
minimize transport of pollutants; draft
policy LCP-6-P.15 requires compliance
with the city’s BMP manual, which
requires all development projects “to
select a landscape design and plant
palette that minimizes required resources
(irrigation, fertilizers and pesticides) and
pollutants generated from landscape
areas.”
o and p. Proposed to be replaced by draft
policy LCP-6-P.27. SUSMP is now replaced
by the city’s Engineering Standards
Volumes 4 and 5.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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MELLO I SEGMENT
103
2.Occidental Land, Inc.
…
Policy 3 – Parking
In the event of commercial and/or residential development pursuant to a coastal
development permit; parking shall be in conformance with the requirements of the
City of Carlsbad Zoning Ordinance.
This policy is proposed to be replaced with draft LCP policy
LCP-4-P.39.
104
2.Occidental Land, Inc. –
…
Policy 4 – Environmental Impact Report
In the event of commercial and/or residential development pursuant of a coastal
development permit, biological and cultural resources on the site shall be identified,
and any adverse impacts associated with development mitigated, through a site
specific environmental impact report (EIR). Proposed mitigation shall be
incorporated in the project design.
This policy is no longer relevant. The Occidental Land
property is developed with residential uses or is designated
open space. The development was subject to
environmental review per CEQA, which included evaluation
and mitigation of any significant impacts to biological and
cultural resources.
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3.Rancho La Costa (Hunt Property)
Policy 1 – Not Used
Policy 2 – Not Used
(1)Development of the property may occur only under the provisions of Master Plan, and shall be
subject to the requirements of Policy 2 “Agriculture/Planned Development.”
(2)The land uses allowed by the Master Plan shall be compatible with the City of Carlsbad General
Plan as amended to provide a combination of residential, commercial (including visitor serving)
and open space uses.
(3)Residential density permitted through the Master Plan shall not exceed that allowed by the City
of Carlsbad General Plan.
(4)All land uses and intensity of use shall be compatible with the protection of sensitive coastal
resources.
(5)Land use intensity shall be consistent with that allowed by the Carlsbad Growth Management
Ordinance (Chapter 21.90, Carlsbad Municipal Code).
The property shall be developed using the existing planned community zone with the additional
requirements contained in the policies herein. All developments as defined by the Coastal Act
require a coastal development permit and master plan that is consistent with the Carlsbad
General Plan. Conversion of any portion of these non-prime agricultural lands as shown on the
PRC Toups maps (See Exhibit 3.3) to urban uses pursuant to the master plan shall be allowed if
the following findings are made:
(1a) Conversion would preserve prime agricultural land or concentrate development
consistent with Section 30250 of the Public Resources Code; or
(1b) Continued or renewed agriculture is no longer feasible; or
(1c) Payment of an agricultural conversion mitigation fee in an amount not less than $5,000
and not more than $10,000 per net converted acre has been made; and
(2)Conversion would be compatible with continued agricultural use on surrounding lands;
(3)The master plan provides overriding benefits to the resources of Batiquitos Lagoon;
(4)The master plan provides significant protection and enhancement of environmentally
sensitive habitats above and beyond the existing land use control's current requirements.
This policy has been implemented; the site
has been developed consistent with the
policy. The policy is not proposed as part
of the draft LCP.
The property has developed per the Aviara
Master Plan and LCP land use designations,
which include a range of residential
densities, visitor commercial uses and open
space. The property is zoned Planned
Community (PC).
All agriculture within the Rancho La
Costa/Hunt area has been converted; no
agriculture remains in this area. All but two
sites in this area are developed or are
designated open space. One of the two
undeveloped sites contains no agriculture
and is designated for residential
development. The other of the two sites is
not yet fully developed per the VC land use
designation but is being utilized for parking
and recreation.
Per the Aviara Master Plan, all agriculture
mitigation fees were paid prior to recording
the first final map for any of the planning
areas in each phase of the project.
See draft LCP page 5-7 for a description of
the Carlsbad Agriculture Conversion
Mitigation Program, which addresses the
use of the conversion fees.
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The amount of agricultural conversion mitigation fee shall be determined by the City Council at
the time it considers a development permit for conversion of the property to urban uses and
shall reflect the per acre cost of preserving prime agricultural land pursuant to paragraph 1a.
The fee shall be deposited in the State Coastal Conservancy Fund and shall be expended in the
following order of priority:
(1)Restoration of natural resources and wildlife habitat in Batiquitos Lagoon, including but not
limited to payment for operation and maintenance of a Lagoon enhancement program.
(2)Development of an interpretive center at Buena Vista Lagoon.
(3)Restoration of beaches managed for public use in the City of Carlsbad.
(4)Purchase of agricultural lands for continued agricultural production within the Carlsbad
Coastal Zone as determined by the Carlsbad City Council.
(5)Agricultural improvements which will aid in the continuation of remaining agricultural
production within the Carlsbad Coastal Zone as determined by the Carlsbad City Council
This policy has been implemented; the site
has been developed consistent with the
policy. The policy is not proposed as part
of the draft LCP.
All agriculture within the Rancho La
Costa/Hunt area has been converted; no
agriculture remains in this area. All but two
sites in this area are developed or are
designated open space. One of the two
undeveloped sites contains no agriculture
and is designated for residential
development. The other of the two sites is
not yet fully developed per the VC land use
designation but is being utilized for parking
and recreation.
Per the Aviara Master Plan, all agriculture
mitigation fees were paid prior to recording
the first final map for any of the planning
areas in each phase of the project.
See draft LCP page 5-7 for a description of
the Carlsbad Agriculture Conversion
Mitigation Program, which addresses the
use of the conversion fees.
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Policy 3 – Drainage and Erosion Control
Under the P-C Zone requirements and the development intensities established in Policy 1 – Maximum
Density of Development, the development shall conform to the following additional development
standards:
Any development proposal that affects steep slopes (25% inclination or greater) shall be required to
prepare a slope map and analysis for the affected slopes. Steep slopes are identified on the PRC Toups
maps. The slope mapping and analysis shall be prepared during the CEQA environmental review on a
project-by-project basis and shall be required as a condition of a coastal development permit.
(1)For those slopes mapped as possessing endangered plant/animal species and/or Coastal Sage Scrub
and Chaparral plant communities, the following policy language would apply:
(a)Slopes of 25% grade and over shall be preserved in their natural state, unless the application of
this policy would preclude any reasonable use of the property, in which case an encroachment
not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal
parcels, with all or nearly all of their area in slope area over 25% grade, encroachment may be
permitted; however, any such encroachment shall be limited so that at no time is more than
20% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its
natural state. This policy shall not apply to the construction of roads or the City's Circulation
Element or the development of utility systems. Uses of slopes over 25% may be made in order
to provide access to flatter areas if there is no less environmentally damaging alternative
available.
(b)No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots
that have their total area in excess of 25% slope unless a Planned Unit Development is proposed
which limits grading and development to not more than 10% of the total site area.
(c)Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed
in a permanent open space easement as a condition of development approval. The purpose of
the open space easement shall be to reduce the potential for localized erosion and slide hazards,
to prohibit the removal of native vegetation except for creating firebreaks and/or planting fire
retardant vegetation and to protect visual resources of importance to the entire community.
1) and (2) These policies are
proposed to be replaced with draft
LCP policies LCP-6-P.3, LCP-7-P.46
and LCP-7-P.48 to 51. LCP-P-6.3
requires compliance with the HMP;
HMP section F addresses erosion
control measures to protect habitat.
Policies LCP-7-P.46 and LCP-7-P.48 to
51 address development restrictions
on steep slopes.
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Policy 3 – Drainage and Erosion Control
…
(2)For all other steep slope areas, the City Council may allow exceptions to the above grading
provisions provided the following mandatory findings to allow exceptions are made:
(a)A soils investigation conducted by a licensed soils engineer has determined the subject slope
area to be stable and grading and development impacts mitigatable for at least 75 years, or
life of structure.
(b)Grading of the slope is essential to the development intent and design.
(c)Slope disturbance will not result in substantial damage or alteration to major wildlife habitat
or native vegetation areas.
(d)If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10
acres, no more than one third of the total steep slope area shall be subject to major grade
changes.
(e)If the area proposed to be disturbed is predominated by steep slopes and is less than 10
acres, complete grading may be allowed only if no interruption of significant wildlife
corridors occurs.
(3)Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with
property in its present state, and appropriate measures shall be taken on and/or offsite to
prevent siltation of lagoons and other environmentally sensitive areas.
(4)The appropriate measures shall be installed prior to onsite grading.
(5)All undevelopable slopes shall be placed in open space easements as a condition of development
approval.
1) and (2) These policies are proposed to
be replaced with draft LCP policies LCP-
6-P.3, LCP-7-P.46 and LCP-7-P.48 to 51.
LCP-P-6.3 requires compliance with the
HMP; HMP section F addresses erosion
control measures to protect habitat.
Policies LCP-7-P.46 and LCP-7-P.48 to 51
address development restrictions on
steep slopes.
3) and (4) This policy is proposed to be
replaced with draft LCP policies LCP-6-
P.2, and LCP-6-P.15 through LCP-P.6-26,
which address runoff and reflect current
regional and California Coastal
Commission water quality protection
requirements.
(5) This policy is proposed to be replaced
with draft LCP policy LCP-7-P.49.C.
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Policy 3 – Drainage and Erosion Control
…
(6)
(a)All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, with the
additions and changes adopted herein, such that a natural drainage system is generally
preserved for the eastern undeveloped watersheds, but that storm drains are allowed for
those western portions of the watershed which have already been incrementally
developed. The SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must also
comply with the requirements of the Jurisdictional Urban Runoff Management Program
(JURMP) and the San Diego County Hydrology Manual to the extent that these
requirements are not inconsistent with any policies of the LCP.
(b)Prior to making land use decisions, the City shall utilize methods available to estimate
increase in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
(c)Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants
offsite and into a municipal separate storm sewer system (MS4) shall be utilized.
(d)Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
(6)(a) Proposed to be replaced by draft
policies LCP-6-P.15 and LCP-6-P.16.
Note that the SUSMP and the San
Diego County Hydrology Manual
have been replaced by the city’s
Engineering Standards Volume’s 4 &
5 (construction and post-
construction BMPs).
(6)(b). Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.18,
which reflect the California Coastal
Commission Model Water Quality
Policies.
(6)(c). Proposed to be replaced by draft
policies LCP-6-P.18, LCP-6-P.19 and
LCP-6-P.25, which reflect the
California Coastal Commission Model
Water Quality Policies.
(6)(d). Proposed to be replaced by draft
policies LCP-6-P.16, LCP-6-P.18 and
LCP-6-P.25, which reflect the
California Coastal Commission Model
Water Quality Policies.
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Policy 3 – Drainage and Erosion Control
…
(6) …
(e) Development projects should be designed to comply with the following site design
principles:
1)Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2)To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3)Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4)Provide development-free buffer zones for natural water bodies.
5)Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6)Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7)Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8)Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water
conveyance system.
6)(e)(1)(3). Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.19, which
reflect the California Coastal Commission
Model Water Quality Policies.
(6)(e)(2). This policy is related more to protection
of natural habitat. Draft LCP policies LCP-6-
P.1, LCP-6-P.2 and LCP-6-P.3 address this.
Clustering of development is also
referenced in the HMP discussion section of
draft LCP Section 6.2.
(6)(e)(4). Buffers around wetlands are addressed
by draft LCP policies LCP-6-P.1, LCP-6-P.2
and LCP-6-P.3, which require compliance
with the HMP.
(6)(e)(5)(6). Proposed to be replaced by draft
policy LCP-6-P.19, which reflects the
California Coastal Commission Model
Water Quality Policies.
(6)(e)(7)(8). These policies are proposed to be
replaced with draft LCP policy LCP-6-P.16
and require compliance with the city’s BMP
manuals (draft policy LCP-6-P.15). Draft
policy LCP-6-P.16 requires development be
designed to minimize transport of
pollutants; draft policy LCP-6-P.15 requires
compliance with SWPPP and BMP manuals,
which require protection of outdoor
storage and trash areas from rainfall, run-
on, runoff, and wind.
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Policy 3 – Drainage and Erosion Control
…
(6) …
(e) Development projects should be designed to comply with the following
site design principles:
…
9)Limit disturbances of natural water bodies and natural drainage
systems caused by development including roads, highways and
bridges.
10)Design streets and circulation systems to reduce pollutants
associated with vehicles and traffic resulting from development.
(f)Priority projects identified in the SUSMP will incorporate structural
BMPs and submit a Water Quality Technical Report as specified in the
NPDES permit and in the SUSMP.
(g)Structural BMPs used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association
(CASWA) Stormwater Best Management Practice (BMP) Handbook,
dated January 2003 or the current version of that publication, and
designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm
event.
(h) Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area,
that are in, adjacent to or drain directly to Environmentally Sensitive
Areas (ESA), identified in the City of Carlsbad Standard Urban Storm
Water Mitigation Plan (SUSMP) dated April 2003, using the definitions
of “adjacent to” and “draining directly to” that are found in the SUSMP.
(6)(e)(9). Proposed to be replaced by draft policies LCP-6-P.19
and LCP-6-P.20, which reflect the California Coastal
Commission Model Water Quality Policies.
(6)(e)(10). Proposed to be replaced by draft policy LCP-6-P.19
and require compliance with the city’s BMP manual
(draft policy LCP-6-P.15). Draft policy LCP-6-P.19
requires development to minimize installation of
impervious surfaces; draft policy LCP-6-P.15 requires
compliance with the city’s BMP manual, which requires
streets, sidewalks and parking lot isles be designed to
the minimum width necessary, and to reduce or
eliminate curb and gutters to allow roadway runoff to
drain to adjacent pervious areas.
(6)(f). Proposed to be replaced by draft policies LCP-6-P.18
and LCP-6-P.25, which reflect the California Coastal
Commission Model Water Quality Policies. The SUSMP
has been replaced by the city’s BMP manuals.
(6)(g). Proposed to be replaced by draft policy LCP-6-P.25,
which reflects the California Coastal Commission Model
Water Quality Policies. The SUSMP has been replaced
by the city’s BMP manuals.
6)(h). The city’s BMP manuals, which have replaced the
SUSMP, refer to the city’s MS4 permit for the list of
priority projects. Draft LCP Table 6-2 incorporates the
list of priority projects into the draft LCP. This policy is
proposed to be replaced with the definition in draft LCP
Table 6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit. Draft LCP
Table 6-2 is referenced in draft policy LCP-6-P.25.
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Policy 3 – Drainage and Erosion Control
…
(6) …
(i)The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMPs for the life of the project.
(j)The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
(k)Development shall minimize land disturbance activities during construction
(e.g., clearing, grading and cut-and-fill), especially in erosive areas
(including steep slopes, unstable areas and erosive soils), to minimize
impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas
as soon as feasible.
(l)Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas” as
defined in Appendix I of the SUSMP, including being treated as a priority
project if they create more than 2,500 square feet of impermeable surface
or increase the impermeable surface on the property by more than 10%.
(m)Although residential developments of less than 10 units, including single
family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement
of the numerical sizing standard, if they are in, within 200 feet of, or
discharging directly to an ESA including the Pacific Ocean; or shall provide a
written report signed by a licensed civil engineer showing that as the
project is designed they are mitigating, polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
(6)(i). Proposed to be replaced by draft policy LCP-6-P.22,
which reflects the California Coastal Commission
Model Water Quality Policies.
(6)(j) Proposed to be replaced by draft policy LCP-6-P.29
(6)(k) Proposed to be replaced by draft policy LCP-6-P.23,
which reflects the California Coastal Commission
Model Water Quality Policies.
(6)(l) Proposed to be replaced by draft LCP Table 6-2 and
draft policy LCP-6-P.25.
(6)(m) Proposed to be replaced by draft policies draft LCP
Table 6-2 and draft policies LCP-6-P.20, and LCP-6-
P.25. See the definition in draft Table 6-2 (row 5),
which is consistent with current regional
requirements per the MS4 permit (i.e., residential
projects that increase impervious area by 2500 sq ft
or more, and are within 200 feet of an ESA, and
discharge directly to an ESA, are PDPs).
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Policy 3 – Drainage and Erosion Control
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(6) …
(n)Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate
dry weather flow, if they are within 200 feet of an ESA, coastal bluff or
rocky intertidal areas.
(o)The following minor revisions may occur to the Carlsbad SUSMP Storm
Water Standards dated April 2003 without an LCP amendment:
1)Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs
found to be ineffective. (This does not include removal of BMPs or
categories of BMPs on the basis that the City finds them to be
infeasible of impractical).
2)Addition of new development categories as Priority Projects.
3)Addition of new coastal waters to the map of Environmentally
Sensitive Areas.
4)Reduction in the area of impervious surfaces used to designate a
specific category of Priority Project.
(p)Any minor changes made pursuant to the above list shall be accompanied
by a finding that the changes will improve and better protect coastal water
quality. The City Engineer or Planning Director shall notify the Executive
Director in writing of any of the above listed changes. For any changes not
included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall
subsequently apply for an LCP amendment for the changes.
(6)(n) This policy is proposed to be replaced draft policy
LCP-6-P.16 and require compliance with the city’s
BMP manuals (draft policy LCP-6-P.15). Draft policy
LCP-6-P.16 requires development be designed to
minimize transport of pollutants; draft policy LCP-6-
P.15 requires compliance with the city’s BMP
manual, which requires all development projects “to
select a landscape design and plant palette that
minimizes required resources (irrigation, fertilizers
and pesticides) and pollutants generated from
landscape areas.”
(6)(o)(p) Proposed to be replaced by draft policy LCP-6-
P.27. SUSMP is now replaced by the city’s
Engineering Standards Volumes 4 and 5.
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Policy 3 – Drainage and Erosion Control
…
(7) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance with
the following additional criteria:
(a) Submittal of a runoff control plan designed by a licensed engineer qualified in
hydrology and hydraulics, which would assure no increase in peak runoff rate from
the developed site over the greatest discharge expected from the existing
undeveloped site as a result of a 10-year frequency storm. Runoff control shall be
accomplished by a variety of measures, including, but not limited to, onsite
catchment basins, detention basins, siltation traps and energy dissipators and shall
not be concentrated in one area or a few locations.
(b) Detailed maintenance arrangements and various alternatives for providing the
ongoing repair and maintenance of any approved drainage and erosion control
facilities.
(c) All permanent runoff and erosion control devices shall be developed and installed
prior to or concurrent with any onsite grading activities.
(d) All areas disturbed by grading, but not completed during the construction period,
including graded pads, shall be planted and stabilized prior to October 1st with
temporary or permanent (in the case of finished slopes) erosion control measures
and native vegetation. The use of temporary erosion control measures, such as
berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps,
shall be utilized in conjunction with plantings to minimize soil loss from the
construction site. Said planting shall be accomplished under the supervision of a
licensed landscaped architect and shall consist of seeding, mulching, fertilization and
irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be
repeated, if the required level of coverage is not established. This requirement shall
apply to all disturbed soils, including stockpiles.
(7) Proposed to be replaced by draft policies
LCP-6-P.15 through LCP-P.6-26, which
address runoff and reflect current regional
and California Coastal Commission water
quality protection requirements.
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Policy 4 - Buffer/Open Space
A sturdy fence, generally a minimum of a 6 ft. concrete block wall, shall be provided between
residential development and agricultural areas. Natural topographic separations such as trees,
Chaparral, and slopes shall be included if those features would be protected by the provisions
of Policies 1 through 3. Permanent maintenance through a homeowners association or other
acceptable means shall be provided as a condition of development. Roads shall be designed as
much as possible to function as buffers between agriculture and residences. The P-C zone
requirement of open space can be used in conjunction with this requirement.
This policy is no longer relevant. All agriculture
within the Rancho La Costa/Hunt property has
been converted to other uses.
Regarding other agricultural areas in the Coastal
Zone, draft LCP policy LCP-5-P.2 addresses buffers
and other features to minimize conflicts between
agriculture and urban uses.
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Policy 5 - Parking/Siting
Due to severe site constraints, innovative siting and design criteria (including shared use of
driveways, clustering, tandem parking, pole construction) shall be incorporated in the master plan
to minimize the paved surface area.
This policy is outdated. The property has been
developed consistent with city regulations for
parking and resource protection. This policy is not
proposed as part of the draft LCP. Any future
development/redevelopment in the area will be
subject to proposed policy LCP-4-P.39 and all other
standards applicable to resource protection,
including storm water regulations that limit the
amount of impervious surfaces in development.
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Policy 6 - Environmental Impact Report
Biological and cultural resources on the site shall be identified, and any adverse impacts associated
with development mitigated, through a site specific environmental impact report (EIR). Proposed
mitigation shall be incorporated in the project design.
This policy is no longer relevant. The Rancho La
Costa/Hunt property is part of the Aviara Master
Plan. An EIR for the master plan was prepared;
biological and cultural resources were evaluated;
the master plan area has developed pursuant to the
EIR and applicable mitigation measures.
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Policy 7 – Protection of Sensitive Native Vegetation Areas
The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to
identify how the city, in cooperation with federal and state agencies, can preserve the diversity of
habitat and protect sensitive biological resources within the city and the Coastal zone.
The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation
Program (MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed
species and rare native vegetation while accommodating regional development needs. The HMP
provides a comprehensive plan for creation and management of proposed preserve areas in the
coastal zone, along with appropriate criteria for development requirements and delineation of
development/preservation boundaries. The creation of an effective habitat preserve requires a
careful balancing of acquisition, preservation and mitigation requirements, as well as enforceable
monitoring, remediation and an adequately funded maintenance program for the preserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It
states, in part, “environmentally sensitive habitat areas shall be protected against any significant
disruption of habitat values…” Environmentally sensitive habitat area (ESHA) is defined in Section
30107.5 of the Coastal Act as “any area in which plant or animal life or their habitats are either rare
or especially valuable because of their special nature or role in an ecosystem and which could be
easily disturbed or degraded by human activities and developments.
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other
plans affecting ESHA, where the noncomprehensive nature of the plans and lack of regional
resource protection standards require more stringent limitations to coastal ESHA impacts for
individual sites. The clustering and concentration of development away from sensitive areas that
will result from the proposed standards contained in the HMP and identified in the policies below
will provide a larger, more contiguous preserve area than if development on the same properties
were to be approved on a lot-by-lot basis.
This policy is proposed to be replaced with the
description of the HMP in Section 6.2 of the draft
LCP.
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7-1.1 Habitat Management Plan
The document titled “Habitat Management Plan for Natural Communities in the City
of Carlsbad, December 1999 with Two Addenda” (hereafter referred to as HMP) is
incorporated herein by reference. The Second Addendum dated December 2002
contains additional conservation standards and habitat protection policies that apply
within the Coastal Zone. The HMP has been developed so as to implement and be
consistent with all other provisions of this LCP, as amended. Any changes to the
HMP that affect development within the coastal zone (including, but not limited to,
changes to mitigation requirements) shall be certified by the Coastal Commission as
LCP amendments prior to becoming effective.
This policy is proposed to be replaced with the following
draft LCP policies LCP-6-P.1 and LCP-6-P.3.
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7-1.2 Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive
habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected
against any significant disruption of habitat values, and only uses dependent on
those resources shall be allowed within those areas.
This policy is proposed to be replaced with draft LCP policy
LCP-6-P.2.
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7-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the
Coastal Zone, due in part to the presence of the Coastal California gnatcatcher
(Federal Threatened) and other species. Properties containing Coastal Sage Scrub
shall conserve a minimum 67% of the Coastal Sage Scrub and 75% of the
gnatcatchers onsite. Conservation of gnatcatchers shall be determined in
consultation with the wildlife agencies.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
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7-1.4 Oak Woodland
An oak woodland is a closed to relatively open stand of trees within which a
dominant tree species is a species of oak. In coastal southern California, that species
is generally Coast Live Oak (Quercus agrifolia), which is commonly found on slopes
and riparian situations. Shrubs vary from occasional to common and the herb layer
is often continuous and dominated by a variety of annual grasses.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
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7-1.5 Streams
A stream is a topographical feature with a clear bed and bank that periodically
conveys water.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
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7-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic features that convey
water, but only during and shortly after rainfall events in a typical year.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
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7-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California
Code of Regulations Section 13577(b), ‘wetland’ means lands within the coastal
zone, which may be covered periodically or permanently with shallow water and
include saltwater marshes, freshwater marshes, open or closed brackish water
marshes, swamps, mudflats and fens. Wetland shall include land where the water
table is at, near or above the land surface long enough to promote the formation of
hydric soils or to support the growth of hydrophytes and shall also include those
types of wetlands where vegetation is lacking and soil is poorly developed or absent
as a result of frequent and drastic fluctuations of surface water levels, wave action,
water flow, turbidity or high concentrations of salts or other substances in the
substrate. A preponderance of hydric soils or a preponderance of wetland indicator
species shall be considered presumptive evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in
Section 13577 of the California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts to wetlands
shall be allowed except as provided in that Section.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
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7-1.8 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 7-1.7, mitigation shall be
provided at a ratio of 3:1 for riparian impacts and 4:1 for saltwater or freshwater
wetland or marsh impacts.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section D.7. includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
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7-1.9 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime
Chaparral, Southern Mixed Chaparral, Native Grassland and Oak Woodland within the Coastal Zone of
Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a
creation component that achieves the no net loss standard. Substantial restoration of highly
degraded areas (where effective functions of the habitat type have been lost) may be substituted for
creation subject to the consultation and concurrence of the U.S. Fish and Wildlife Service and the
California Department of Fish and Game (wildlife agencies). The Coastal Commission shall be notified
and provided an opportunity to comment upon proposed substitutions of substantial restoration for
the required creation component. Development shall be consistent with Policy 7-1.2 of this section,
unless proposed impacts are specifically identified in the HMP; these impacts shall be located to
minimize impacts to Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher
and its habitat.
This policy is proposed to be replaced with
draft LCP policies LCP-6-P.1 and LCP-6-P.3,
which refer to and incorporate the HMP for
ESHA protection inside and outside the
HMP hardline and standards areas.
HMP Section D.7. includes the exact
wording of this existing policy. The HMP is
part of the LCP and it is redundant and
unnecessary to repeat the provisions of the
HMP within the LCP LUP.
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7-1.10 Upland Habitat Mitigation Requirements
Where impacts to the habitants stated in 7-1.9 are allowed, mitigation shall be provided as follows:
a.The no net loss standard shall be satisfied as stated in 7-1.9. Typically this will consist of creation
of the habitat type being impacted (or substantial restoration where allowed) at a ratio of at least
1:1 as provided in the HMP.
b.Onsite preservation is not eligible for mitigation credit in the coastal zone except as provided in
subsection g. below.
c.Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation
component satisfying half of the total obligation. The remainder of the mitigation obligation shall
be satisfied pursuant to the provisions of the HMP.
d.Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an
overall ratio of 3:1, with the creation component satisfying one-third of the total obligation. The
remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
This policy is proposed to be replaced with
draft LCP policies LCP-6-P.1 and LCP-6-P.3,
which refer to and incorporate the HMP for
ESHA protection inside and outside the
HMP hardline and standards areas.
HMP Section D.7. includes the exact
wording of this existing policy. The HMP is
part of the LCP and it is redundant and
unnecessary to repeat the provisions of the
HMP within the LCP LUP.
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7-1.10 Upland Habitat Mitigation Requirements
…
e.Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be mitigated
respectively at ratios of 1:1, 3:1 and 3:1, with the creation component satisfying the obligation or
one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied
pursuant to the provisions of the HMP.
f.Mitigation for impacts within the coastal zone should be provided within the coastal zone if
possible, particularly the 1:1 creation component, in order to have no net loss of habitat within
the coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable if
such mitigation would clearly result in higher levels of habitat protection and value and/or would
provide significantly greater mitigation ratios and the mitigation area is part of the HMP. Land
area inside and outside the coastal zone which serves as mitigation for habitat impacts in the
coastal zone shall be permanently retired from development potential and secured as part of the
HMP preserve management plan as a condition of development approval.
g.Onsite of off-site open space preserve areas may be utilized to satisfy required mitigation for
habitat impacts associated with development if the preserve areas are disturbed and suitable for
restoration or enhancement, or they are devoid of habitat value and therefore suitable for the
1:1 mitigation component requiring creation or substantial restoration of new habitat.
Substantial restoration is restoration that has the effect of qualitatively changing habitat type and
may meet the creation requirement if it restores habitat type that was historically present, but
has suffered habitat conversion or such extreme degradation that most of the present dominant
species are not part of the original vegetation. Substantial restoration contrasts with
enhancement activities, which include weeding or planting within vegetation that retains its
historical character, and restoration of disturbed areas to increase the value of existing habitat
which may meet other mitigation requirements pursuant to the HMP.
h.Habitat mitigation requirements other than the creation or substantial restoration component
may be partially or wholly fulfilled by acquisition of existing like habitat and/or retirement of
development credits on existing like habitat with permanent preservation as part of the HMP
preserve management plan.
This policy is proposed to be replaced with
draft LCP policies LCP-6-P.1 and LCP-6-P.3,
which refer to and incorporate the HMP for
ESHA protection inside and outside the
HMP hardline and standards areas.
HMP Section D.7. includes the exact
wording of this existing policy. The HMP is
part of the LCP and it is redundant and
unnecessary to repeat the provisions of the
HMP within the LCP LUP.
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7-1.10 Upland Habitat Mitigation Requirements
…
i.All mitigation areas, onsite and offsite, shall be secured with a conservation easement in favor of
the wildlife agencies. In addition, a preserve management plan shall be prepared for the
mitigation areas, to the satisfaction of the City, the wildlife agencies and the Coastal Commission.
The preserve management plan shall ensure adequate funding to protect the preserve as open
space and to maintain the biological values of the mitigation areas in perpetuity. Management
provisions and funding shall be in place prior to any impacts to habitat. At a minimum,
monitoring reports shall be required as a condition of development approval after the first and
third year of habitat mitigation efforts. The preserve management plan shall be incorporated
into the Implementation Plan of the LCP through an LCP amendment within one year of
Commission certification of the HMP as part of the certified LCP.
j.If any conflict should arise between the Policies of the LCP and the provisions of the HMP, the LCP
shall take precedence. If any conflict should arise between the policies of the certified Mello I
LUP and the certified Implementation Plan the policies of the certified Mello I LUP shall take
precedence.
This policy is proposed to be replaced with
draft LCP policies LCP-6-P.1 and LCP-6-P.3,
which refer to and incorporate the HMP for
ESHA protection inside and outside the
HMP hardline and standards areas.
HMP Section D.7. includes the exact
wording of this existing policy. The HMP is
part of the LCP and it is redundant and
unnecessary to repeat the provisions of the
HMP within the LCP LUP.
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7-1.11 Highly Constrained Properties
There are properties in the Coastal Zone that are entirely or almost entirely constrained by
environmentally sensitive habitat area (ESHA). In these cases, one of the following additional
standards shall apply:
a.If more than 80% of the property by area is covered with ESHA at least 75% of the property shall
be conserved, OR
b.If the City, with the concurrences of the wildlife agencies and the Coastal Commission through an
LCP amendment, approved a Hardline preserve boundary for any of the above-described
properties as part of the HMP, then the amount of onsite preservation as identified in the
Hardline boundary shall apply.
This policy is proposed to be replaced with
draft LCP policies LCP-6-P.1 and LCP-6-P.3,
which refer to and incorporate the HMP for
ESHA protection inside and outside the
HMP hardline and standards areas.
HMP Section D.7. includes the exact
wording of this existing policy. The HMP is
part of the LCP and it is redundant and
unnecessary to repeat the provisions of the
HMP within the LCP LUP.
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7-1.12 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be
provided as follows:
a.100 feet for wetlands
b.50 feet for riparian areas
c.20 feet for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub,
southern mixed chaparral, native grassland, oak woodland).
Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point
of development. For wetlands and riparian areas possessing an unvegetated bank or steep slope (greater than
25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless
there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less
than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope.
Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a
buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the
size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of
fencing) that will also achieve the purposes of the buffer. The California Department of Fish and Game, the U.S.
Fish and Wildlife Service, and the Coastal Commission staff shall be consulted in such buffer determinations.
No development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for:
a.Fuel modification Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification
shall take place within 50 feet of riparian areas, wetlands or oak woodland.
b.Recreation trails and public pathways within the first 15 feet of the buffer closest to the development, provided
that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the
adjacent habitat and that appropriate measures are taken for physical separation from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical
barriers such as walls or fences shall be required to minimize edge effects of development.
This policy is proposed to be
replaced with draft LCP
policies LCP-6-P.1 and LCP-6-
P.3, which refer to and
incorporate the HMP for
ESHA protection inside and
outside the HMP hardline and
standards areas.
HMP Section D.7. includes the
exact wording of this existing
policy. The HMP is part of the
LCP and it is redundant and
unnecessary to repeat the
provisions of the HMP within
the LCP LUP.
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7-1.13 Hardline Preserve Boundaries
The purpose of the standards listed above is to ensure that the future development
is sited to preserve the maximum amount of ESHA within the coastal zone, and to
establish viable habitat corridors and preserve areas. If the City, with the
concurrence of the wildlife agencies and the Coastal Commission through an LCP
amendment subsequently approves a Hardline preserve boundary for any properties
as part of the HMP, then the onsite preservation included in the Hardline preserve
boundary shall apply.
This policy is proposed to be replaced with the description
of the HMP in Section 6.2 of the draft LCP; as well as draft
LCP policies LCP-6-P.1 and LCP-6-P.3.
HMP Section D.7-10.b includes the exact wording of the last
sentence of the existing policy. The HMP is part of the LCP
and it is redundant and unnecessary to repeat the provisions
of the HMP within the LCP LUP.
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7-1.14 Steep Slope Encroachments
The percentage of steep slope encroachment allowed by the drainage and erosion
control policies may be modified for development consistent with the habitat
protection policies listed above and approved as part of the adopted HMP.
This policy is proposed to be replaced with LCP-6-P.3.
HMP section F addresses erosion control measures to
protect habitat. Development proposals must comply with
both the HMP and other regulations that limit development
on slopes. The most restrictive applies.
See draft policies LCP-7-P.46 and LCP-7-P.48 to 50 for
policies regarding steep slopes.
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7-1.15 Invasive Plants
The use of invasive plant species in the landscaping for developments such as those
identified in Table 12 of the HMP shall be prohibited.
This policy is proposed to be replaced with draft LCP policies
LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the
HMP for ESHA protection inside and outside the HMP
hardline and standards areas.
HMP Section F.3.C includes the exact wording of this existing
policy. The HMP is part of the LCP and it is redundant and
unnecessary to repeat the provisions of the HMP within the
LCP LUP.
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1. LAND USE PLAN
Policy 1-1 ALLOWABLE LAND USES (MELLO II)
Allowable uses are those that are consistent with both the General Plan and the Local Coastal
Program.
Section 2.3 of the draft LCP and draft policy LCP 2-
P.6 replace this policy.
137
Policy 1-2 MAXIMUM DENSITY OF DEVELOPMENT
Residential densities shall be permitted and based on the underlying LCP land use
designation. The residential land use designations shall represent the maximum density
permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of
the Carlsbad Municipal Code and the applicable resource protection provisions of the
certified LCP.
Section 2.3 of the draft LCP, which includes the LCP
land use map and the provisions for maximum
density, replaces this policy.
138
2. AGRICULTURE
POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a) Basic Agricultural Policies
(1) Coastal Agriculture:
Consistent with the provisions of Sections 30241 and 30242 of the Coastal Act,
it is the policy of the City to contribute to the preservation of the maximum
amount of prime agricultural land throughout the coastal zone by providing
for the balanced, orderly conversion of designated non-prime coastal
agricultural lands. Non-prime agricultural lands identified on Map X, including
the 301.38 acre Carltas Property, are designated Coastal Agriculture and shall
be permitted to convert to urban uses subject to the agricultural mitigation or
feasibility provisions set forth in the LCP. Any acreage under the control of a
public entity for a public recreation or open space use shall be exempt from
Policy 2-1 and be permitted to convert from an agricultural use without
satisfying one of the three conversion options.
…
This part of the policy is proposed to be replaced by
draft LCP policies LCP-5-P.1 and LCP-5-P.10.C, D, E
and F.
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POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a)Basic Agricultural Policies
…
(2)Conversion of Coastal Agriculture:
Conversion of designated coastal agricultural lands shall be permitted provided that: a)
conversion would preserve prime agricultural lands within the statewide coastal zone
consistent with Sections 30241 and 30242 or concentrate new development consistent with
Section 30250 of the Coastal Act; or b) continued or renewed agricultural use is not feasible.
…
This part of the policy is proposed
to be replaced by draft LCP policy
LCP-5-P.11.
140
POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a)Basic Agricultural Policies
…
(3)Conversion Options:
Conversion of non-prime coastal agricultural lands shall be permitted pursuant to either Option
1 – Mitigation, Option 2 – (Feasibility Analysis) or Option 3 – Conversion Fee as set forth below
in this policy. Consistent with Section 30242 of the Act, no feasibility analysis shall be required
if a landowner selects Option 1 or Option 3.
Option 1 – Mitigation (Prime Land Exchange)
Non-prime coastal agricultural lands shall be converted to urban use consistent with the
Carlsbad General Plan if, prior to approval of a subdivision map, a mitigation program is in
effect that permanently preserves one acre of prime agricultural land within the statewide
Coastal Zone for each acre of net impacted agricultural land in the LCP that is converted. For
purposes of calculating required mitigation acreage, net impacted agricultural lands are the
parcels and acreages designated on Map X and the 301.38 acre Carltas Property and areas
containing sensitive coastal resources that would preclude development.
…
This part of the policy is proposed
to be replaced by draft LCP policy
LCP-5-P.11.
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POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a)Basic Agricultural Policies
…
(3)Conversion Options:
…
Option 1 – Mitigation (Prime Land Exchange)
…
The standards and procedures for such a mitigation program shall be set forth in LCP
implementing ordinances. Recipients of prime agricultural land interests pursuant to this policy
shall be limited to:
a) local or state agencies; or,
b) tax exempt organizations whose principal charitable purposes are consistent with the
agricultural mitigation program and qualify under Section 501(c)(3) of the U.S. Internal
Revenue Code. Further, mitigation priority shall be given to preserving prime agricultural
lands in the coastal zones of counties selected by the State Coastal Conservancy for pilot
programs funding, and other counties with similarly qualified programs.
Option 2 – Determination of Agricultural Feasibility
If the feasibility of continued agriculture is questionable, either the City or involved landowners
may complete an agricultural feasibility study for: a) all coastal agricultural lands in the LCP; b)
3 or 4 subareas (See Exhibit 3.3) which constitute logical subunits; or c) contiguous landholdings
in a single ownership of at least 100 acres. If Option 2 is selected, that portion of the study
area determined to be feasible for continued agriculture, if any, may be converted upon
request of the landowner to urban use subject to compliance with the provisions of Option 1
above. That portion of the study area determined not to be feasible for continued agriculture
could be converted only after: a) the City approves the feasibility study; b) an LCP amendment
is prepared and submitted to the Coastal Commission that provides for the conversion; and c)
the Coastal Commission certifies the LCP amendment as to its conformance with the Coastal
Act.
…
This part of the policy is proposed
to be replaced by draft policy LCP-
5-P.11.
Option 2 is not included in LCP-5-
P.11. Per the existing policy, no
feasibility analysis is required if a
landowner selects option 1 or 3.
Option 2 has not been utilized and
much of the criteria is no longer
relevant - most of the subareas
referenced in the existing policy
have converted to non-agriculture
uses and there are no longer any
contiguous lands of at least 100
acres that are subject to the policy.
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POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a) Basic Agricultural Policies
…
(3) Conversion Options:
…
Option 3 – Agricultural Conversion Mitigation Fee
In lieu of the procedures established by subsection B or subsection C of this section, property
may be converted to urban uses upon payment of an agricultural conversion mitigation fee.
This fee is separate and distinct from the mitigation fee established by Section 301717.5 of the
Public Resources Code, which applies to certain properties outside the Mello I and Mello II
segments of the City’s local coastal program, is collected and administered by the State Coastal
Conservancy and has different expenditure priorities.
The amount of the fee shall be determined by the City Council at the time it considers a Coastal
Development permit for urban development of the property. The fee shall not be less than five
thousand dollars nor more than ten thousand dollars per net converted acre of agricultural
land and shall reflect the approximate cost of preserving prime agricultural land pursuant to
subsection B of this section. The fees shall be paid prior to the issuance of building permits for
the project. All mitigation fees collected under this section shall be deposited in the City of
Carlsbad LCP Agricultural Mitigation Fees Fund and shall be expended by the City of Carlsbad
subject to the recommendations of an advisory committee to be established by City Council
action. The advisory committee shall have city and Coastal Conservancy staff and community
representation. The intent is not to establish priorities for Program use, but rather to promote
equitable distribution amongst the allowable uses outlined below. The advisory committee
may also develop policies or procedures for the review of requests and the allocation of funds.
The allowable uses for the Agricultural Mitigation Fees are:
This part of the policy is proposed
to be replaced by draft LCP policy
LCP-5-P.11.
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POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a)Basic Agricultural Policies
…
Option 3 – Agricultural Conversion Mitigation Fee
…
a)Restoration of the coastal and lagoon environment including but not limited to
acquisition, management and/or restoration involving wildlife habitat or open
space preservation
b)Purchase and improvement of agricultural lands for continued agricultural
production, or for the provision of research activities or ancillary uses necessary
for the continued production of agriculture and/or aquaculture in the City’s
Coastal Zone, including but not limited to farm worker housing
c)Restoration of beaches for public use including but not limited to: local and
regional sand replenishment programs, vertical and lateral beach access
improvements, trails, and other beach-related improvements that enhance
accessibility, and/or public use of beaches
d)Improvements to existing or proposed lagoon nature centers
For purposes of implementation, neither Option 1 nor Option 2 nor Option 3 shall have
priority over the other.
This part of the policy is proposed to be
replaced by draft LCP policy LCP-5-P.11.
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POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a)Basic Agricultural Policies
…
(4) Underlying Urban Designations of Coastal:
To maximize and expedite the preservation of prime agricultural lands
throughout the state coastal zone, all parcels designated coastal agriculture in
the LCP including the 301.38 acre Carltas Property shall have an underlying
urban land use designation as identified on Map Y, and the Carlsbad Ranch
Specific Plan. Conversions of coastal agriculture land permitted by the City in
conformance with either Option 1 or Option 2 or Option 3 as set forth in Policy 2
shall be consistent with the land use designations on Map Y and the Carlsbad
Ranch Specific Plan.
(5) Conversions of Coastal Agriculture Inconsistent with Underlying Urban
Designations:
Conversions of parcels designated coastal agriculture that are requested for uses
other than the underlying land use designation on Map Y and the Carlsbad
Ranch Specific Plan shall be subject to an LCP amendment to allow the City and
Coastal Commission to determine the consistency of proposed urban uses with
other applicable provisions of the LCP and the Coastal Act.
Map Y is outdated. The draft LCP land use
map is a better reference to identify
designated land use; and draft Figures 5-1A, B
and C are an updated reference to identify
agricultural lands.
Draft policy LCP-5-P.9 specifies what uses the
agricultural lands can convert to (per the LCP
land use map; and in the case of the Cannon
Road corridor, per the CR-A/OS zone).
The requirement for a LCP amendment to
change the designated land use is not an
agricultural policy matter. All agricultural
lands have an underlying land use
designation. As with any other land, if
proposed development is not consistent with
the land use designation, a LCP amendment
would be required to change the designation.
It is not necessary to state that in the context
of agriculture.
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POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
…
(b)Designated Coastal Agricultural Lands
“Designated Coastal Agricultural Lands” are those agricultural lands identified on Map
X (See Exhibit 3.3) attached to the Land Use Plan certified on October 24, 1985. The
following are the lands identified on Map X (See Exhibit 3.3):
Approximate Acres
Site II 377
Site III 275
Site IV 109
Lusk 93
Bankers 27
Hunt (Mello I LCP Segment) 200
Carltas 301.38
TOTAL: 1,382.38
This policy is outdated. Draft Figures 5-1A,
B and C identify the agricultural areas that
are currently subject to agriculture
mitigation requirements.
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POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
…
(c) Permitted Uses on Designated Coastal Agricultural Lands
The land uses described below shall apply to any designated coastal agricultural land which has
not been approved for development.
(1) On any Class I through Class IV Agricultural Lands: (See Exhibit 4.2) the following uses only
are permitted:
a) Cattle, sheep, goats and swine production, provided that the number of anyone or
combination of said animals shall not exceed one animal per half acre of lot area. Structures
for containing animals shall not be located within fifty feet of any habitable structure on the
same parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses.
b) Crop production.
c) Floriculture.
d) Horses, private use.
e) Nursery crop production.
f) Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than
twenty-five of any one or combination thereof shall be kept within fifty feet of any habitable
structure, nor within three hundred feet of an adjoining parcel zoned for residential uses.
g) Roadside stands for display and sale of products produced on the same premises, with a
floor area not exceeding two hundred square feet, and located not nearer than twenty feet
to any street or highway.
h) Tree farms.
i) Truck farms.
j) Wildlife refuges and game preserves.
k) Other uses or enterprises similar to the above customarily carried on in the field of general
agriculture including accessory uses such as silos, tank houses, shops, barns, offices, coops,
stables, corrals, and similar uses required for the conduct of the uses above.
l) One single family dwelling per existing legal building parcel.
This policy is proposed to be
replaced with draft policy LCP-
5-P.9. The list of uses is not
proposed to be included in the
draft LCP, as it is redundant
with the zoning regulations
(Coastal Agriculture Overlay
Zone).
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
…
(c)Permitted Uses on Designated Coastal Agricultural Lands
…
(2)On any Class V through VIII Agricultural Lands (See Exhibit 4.2) the following uses only are
permitted:
a)All of the permitted uses listed above.
b)Hay and feed stores.
c)Nurseries, retail and wholesale.
d)Packing sheds, processing plants and commercial outlets for farm crops, provided that
such activities are not located within 100 feet of any lot line.
e)Greenhouses, provided all requirements for yard setbacks and height as specified in
Chapter 21.07 of the Code are met.
This policy is proposed to be
replaced with draft policy LCP-
5-P.9. The list of uses is not
proposed to be included in the
draft LCP, as it is redundant
with the zoning regulations
(Coastal Agriculture Overlay
Zone).
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT
This policy provides conditional development standards for the area of approximately 423 acres north of
Palomar Airport Road, east of Paseo del Norte, and east of Car Country Drive (See Exhibit 4.3). All such lands
owned either by Carltas or Ecke or their successors in interest shall be permitted, pursuant to approval of a
Specific Plan to convert certain agricultural lands to residential and/or non-residential (including tourist-
serving commercial) development as a means of providing supplementary uses which will assist in the
retention of agricultural and public recreation uses on the remaining portions of these parcels. It should be
noted that residential uses are possible only where they do not conflict with the Airport Influence Area and
where they are compatible with adjacent uses.
(a)Basic Permitted Uses on Existing Legal Parcels. Where each existing legal parcel as of July 14, 1987, (See
Exhibit 4.3) is developed individually, permitted uses shall be those described above in Policy 2-1 C
Permitted Uses on Designated Coastal Agricultural Lands.
(b)Uses Conditionally Permissible Pursuant to the Development of the Entire Area Subject to a Specific Plan.
(1)Consistent with the Carlsbad General Plan residential, commercial (including tourist serving
commercial), and other non-residential uses may be developed on up to 92.6 acres of the
approximately 423 acre site subject to a Specific Plan for the entire site. Development of land
within the Agricultural Preserve will be subject to the provisions of the Williamson Act and
specifically the Land Conservation Contract in effect at the time of development. Additional
acreage beyond the 92.6 acres shall be permitted to be developed subject to approval of a Local
Coastal Program Amendment, Specific Plan Amendment and compliance with Policy 2-1 of the
Mello II Land Use Plan.
(2)Development shall be clustered along Palomar Airport Road, Paseo del Norte, and Cannon Road
and clustered on the first major ridge area as designated on Exhibit 4.3A.
(3)Any amendment to the location of the developable area shall be required to prove that the new
area for development is not more suitable for agriculture than the previously developable area.
The intent of this requirement is to cluster development on lands least suitable for agriculture.
(4)All remaining lands as shown on Exhibit 4.3 shall as a condition of the Specific Plan be preserved in
agriculture and/or public recreation for as long as feasible. Feasibility shall be determined for the
entire area covered by this restriction. Further, feasibility shall be subject to the requirements of
the Mello II Coastal Agricultural Overlay Zone Section 21.82.060(c).
…
This policy has been implemented
per the LCP land use map and the
approval of the Carlsbad Ranch
Specific Plan, which establishes the
development standards for the
area. The policy is not proposed as
part of the draft LCP.
The specific plan area has been
developed or is in the process of
developing, except for planning
areas 8 and 5, which are subject to
the draft Policies LCP-2-P.10 to LCP-
2-P.15 (for the Cannon Road Open
Space, Farming, and Public Use
Corridor). These draft policies and
the CR-A/OS zone replace this
policy.
The areas to be retained for
agriculture are subject to
conversion policies. Draft policies
LCP-5-P.9, 10 and 11 address the
use and conversion of agricultural
lands in the specific plan area.
Also, the Williamson Act contract
for the Flower Fields and all other
land within the specific plan area is
expired and no longer in effect.
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POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT
…
(5)Pursuant to Section 51257 of the Government Code, the boundaries of the lands designated for
agriculture may be amended.
(6)As an interim step (prior to a complete Specific Plan) up to a 35 acre portion of the 137 acres of
developable land located adjacent and easterly to Phase I of Carlsbad Car Country may be
developed as a Phase II expansion of Carlsbad Car Country pursuant to a Specific Plan.
(7)The 92.6 acres of developable land includes the remaining developable portion of the original 482
acre site (See Exhibit 4.3A) that has not been developed.
(8)The Specific Plan shall provide a mix, location and intensity of land uses that are compatible with
and will not adversely impact the long term viability of agricultural and/or public recreation uses.
(9)All development shall include special treatment buffers either through design or through physical
barriers that stabilize the urban-agricultural boundaries and limit to a level of insignificance
agricultural impacts on the urban uses.
(10)All tenants of developable portions of the site shall be notified as to the requirements of the
Specific Plans and agricultural uses on the designated land.
(11)In implementing the Specific Plan all land owners and tenants within the 423 acre site shall waive
any right to file nuisance claims against normal agricultural operations.
(12)All development shall be located so as to not interfere with normal agricultural operations including
but not limited to cultivation, irrigation, and spraying.
(13)As a condition of approval of either the Specific Plan or the Specific Plan for the Phase II expansion
of Carlsbad Car Country, whichever occurs first, the property owners (Carltas and/or Ecke or their
successors in interest) shall record a deed restriction endorsed by the Coastal Commission or it
successor in interest and the City of Carlsbad that the agricultural lands identified on Exhibit 4.3 are
designated for agricultural uses and any modification of use shall require an LCP amendment. As a
condition to any amendment to the developable area, the property owner shall execute an
amendment to the deed restriction reflecting the modification to restricted and unrestricted lands.
(14)It is recognized that roads can function as buffers between dissimilar land uses as well as providing
access to uses. Therefore, roads may be located entirely or partially or not at all within areas
designated for agricultural use. The decision to include or exclude (either partially or entirely)
roads shall be a condition of the coastal development permit that includes the construction of the
road.
…
This policy has been implemented
per the LCP land use map and the
approval of the Carlsbad Ranch
Specific Plan, which establishes the
development standards for the
area. The policy is not proposed as
part of the draft LCP.
The specific plan area has been
developed or is in the process of
developing, except for planning
areas 8 and 5, which are subject to
the draft Policies LCP-2-P.10 to LCP-
2-P.15 (for the Cannon Road Open
Space, Farming, and Public Use
Corridor). These draft policies and
the CR-A/OS zone replace this
policy.
The areas to be retained for
agriculture are subject to
conversion policies. Draft policies
LCP-5-P.9, 10 and 11 address the
use and conversion of agricultural
lands in the specific plan area.
Also, the Williamson Act contract
for the Flower Fields and all other
land within the specific plan area is
expired and no longer in effect.
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POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT
…
(15)In order to tie the eastern and western agricultural areas together the proposed north/south road shall
incorporate a grade separation at its northerly portion. The grade separation shall be of sufficient
dimensions to allow farm vehicles and equipment to move freely between the east and west and shall
remain in place so long as agriculture is continued east and west of the north-south road.
(16)Concurrent with the construction of the proposed north/south road the developer shall grade area Y
as shown on Exhibit “A,” subject to the satisfaction of the Planning Director so as to create an area
level enough to allow the same type of agriculture that occurs westerly of the west ridge to continue
around the ridge on the south facing slopes of said ridge. In order to ensure agricultural viability the
developer shall amend the soils after grading the area to be equivalent to the existing Class III Marina
soils in capability. (17) All structures to be located in the future developable area shall be set back a
minimum of 25 feet from the adjacent area designated for agriculture.
(18)A solid wall or fence shall be installed around the entire perimeter of the developable area. The wall
(fence) shall be a minimum 6 feet in height and shall be incorporated into the grading where feasible.
The intent of this measure is to provide a physical barrier between agricultural and urban uses. The
wall or fence shall function to both restrict uncontrolled access into agricultural areas and to reduce
drift of dust and spray materials into urban areas. The perimeter wall or fence shall be constructed
concurrent with development of the property, except that, if the road is built in one phase, which
would open the access through the agricultural lands, an appropriate barrier shall be incorporated
along the roadway. Alternative forms of barriers may be considered provided they satisfy the intent of
this measure.
(19)Windbreaks (landscaped) shall be installed on the developable portions to aid in reducing the effects
of farm spraying and dust generation.
(20)Landscape plant material in the developable area shall be selected for resistance to pests, particularly
aphids, thrips, white fly and spider mites. Landscape plantings shall be inspected routinely for
presence of pests and treated as required to control them. All pests shall be eliminated by means that
do not adversely impact agricultural crops.
(21)Landscaping with herbaceous plantings shall be discouraged, since they are likely to be hosts of the
pests likely to invade the farm crops.
(22)Drainage water from buildings, streets, parking areas and landscape in the development shall be
disposed of through storm drains or otherwise in a manner that will avoid any runoff onto farming
areas whether planted or fallow.
…
This policy has been
implemented per the LCP land
use map and the approval of the
Carlsbad Ranch Specific Plan,
which establishes the
development standards for the
area. The policy is not proposed
as part of the draft LCP.
The specific plan area has been
developed or is in the process of
developing, except for planning
areas 8 and 5, which are subject
to the draft Policies LCP-2-P.10
to LCP-2-P.15 (for the Cannon
Road Open Space, Farming, and
Public Use Corridor). These draft
policies and the CR-A/OS zone
replace this policy.
The areas to be retained for
agriculture are subject to
conversion policies. Draft
policies LCP-5-P.9, 10 and 11
address the use and conversion
of agricultural lands in the
specific plan area.
Also, the Williamson Act contract
for the Flower Fields and all
other land within the specific
plan area is expired and no
longer in effect.
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POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT
…
(23) If development of the proposed developable portion impacts water rates on the agricultural land then
the developer shall subsidize the water rates to the extent that they equal farm water rates.
(24)The developer shall notify in a manner satisfactory to the City Attorney all tenants/users of this
proposed developable portion that the area is subject to dust, pesticides, and odors associated with
adjacent farm operations and that the tenants/users occupy the area at their own risk.
(25)The cost of the above mitigation measures shall be borne by the developer and shall not be passed on
to the agricultural operators (existing or future). For all agricultural land that Carltas or its successor in
interest chooses not to farm on a yearly basis, a reasonable effort shall be made to offer the
agricultural land for lease or rent at a value equal to or less than the average prevailing market rents
for similarly situated coastal agricultural land found within a 30 mile radius of the Carltas property.
(26)As part of a farm operator's lease, there shall be a requirement to keep dirt roads watered regularly to
minimize dust impacts on crops as well as on adjacent non-agricultural uses.
(27)The approximately 72.07 acres contained in areas 3 and 5 as shown on Exhibit 4.3 shall be used for
agriculture or open space subject to the provisions of Carlsbad Municipal Code Chapter 21.209 -
Cannon Road Agricultural/Open Space (CR-A/OS) Zone.
This policy has been
implemented per the LCP land
use map and the approval of the
Carlsbad Ranch Specific Plan,
which establishes the
development standards for the
area. The policy is not proposed
as part of the draft LCP.
The specific plan area has been
developed or is in the process of
developing, except for planning
areas 8 and 5, which are subject
to the draft Policies LCP-2-P.10
to LCP-2-P.15 (for the Cannon
Road Open Space, Farming, and
Public Use Corridor). These draft
policies and the CR-A/OS zone
replace this policy.
The areas to be retained for
agriculture are subject to
conversion policies. Draft
policies LCP-5-P.9, 10 and 11
address the use and conversion
of agricultural lands in the
specific plan area.
Also, the Williamson Act contract
for the Flower Fields and all
other land within the specific
plan area is expired and no
longer in effect.
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POLICY 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT DESIGNATED COASTAL
AGRICULTURE
The following properties which have been in agricultural production in the past shall be
permitted to convert to urban uses. Because of unique circumstances associated with these
parcels, conversion to urban uses would not create any significant adverse impact on the area's
agricultural economy, directly or indirectly, and such conversion would therefore not require
the mitigation.
(a)State owned parcel northerly of the intersection of Palomar Airport Road and Carlsbad
Boulevard
The 20-acre parcel owned by the State of California, APN 210-09-7, located west of the
AT&SF Railroad tracks at the Palomar Airport Road/Carlsbad Boulevard interchange, may
be converted to Public Recreation use. This property is surrounded by major streets and
the railroad, with residential development conflicts arising on the northern and western
boundaries. The site will be needed for beach parking facilities as the demand for beach
access increases in the future. The property should remain in agricultural production until
such time as parking facilities can be constructed by the State of California. Approximately
1,500 parking spaces could be provided on the site, giving excellent public access to the
entire stretch of underdeveloped South Carlsbad State Beach. (See also Policy 7-9)
(b)Burroughs and Ecke Parcels.
The 50-acre parcel owned (APN 210-09-0) by Burroughs Corporation and the 6-acre parcel
(APN 210-09-0) owned by Ecke located south of Cannon Road between I-5 and the AT&SF
Railroad tracks may be converted to commercial uses. These properties are in effect
isolated vacant properties within a developed commercial area. The San Diego Gas and
Electric Co. power plant is located to the north, a major retail commercial development
(“Car Country”) is immediately across the freeway to the east, industrial development is on
the southern boundary, and residential development is to the west separated by the
AT&SF Railroad tracks and the State-owned property described in Policy 2-3 a. above.
The policy is outdated and not consistent with
the LCP land use map. The policy is not
proposed as part of the draft LCP.
a.State owned land – still owned by the state.
The site is not used for agriculture and
should not be addressed in the context of
agriculture policies. The site is designated
OS per the LCP land use and zoning maps.
Any future use of the site will be limited to
OS uses, such as recreation or parking. The
provision of parking is addressed in the
policies of Chapter 4.
b.Burroughs & Ecke – property is fully
developed with commercial uses.
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POLICY 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT DESIGNATED COASTAL
AGRICULTURE
…
(c)Ukegawa Parcel.
The 13.89 acre parcel (APN 212-040-25) owned by Ukegawa, located on the south side of
Palomar Airport Road, may be converted to industrial uses that should be supportive of the
agricultural economy. The site has not been in use for field crop production for many
years, and has been the subject of numerous authorized and unauthorized fills in recent
years. Because of the substantial importation of fill dirt, the site cannot be designated as
possessing agricultural soils. Because of the access available to Palomar Airport Road on
the parcel, and its location between agricultural lands and developed industrial uses to the
east, the site shall be designated for Planned Industrial use, and should be developed for
agricultural processing purposes. Conversion of these parcels to urban uses will complete
the development of established developed areas, thereby contributing to the creation of
stable urban/rural boundaries. Such conversion should reduce market pressures for the
conversion to urban uses of other agricultural lands suitable for continued agricultural
production.
The policy is outdated and not consistent with
the LCP land use map. The policy is not
proposed as part of the draft LCP.
c.Ukegawa – Coastal Commission approved a
land use and zone change on the property to
allow high density residential.
154
POLICY 2-4 SMALL SCATTERED INEFFECTIVE AGRICULTURAL LANDS
Approximately 100 acres of agricultural use are located in scattered parcels along El Camino
Real both north and south of Aqua Hedionda Lagoon. The small individual size of these parcels,
together with the fact that they are not contiguous, precludes their effective use as agricultural
land in the future. These lands are therefore designated for residential development, at a
maximum density of one dwelling unit per acre as rural residential estate Section 21.09 or as
residential agriculture zone, Section 21.08 of Carlsbad Zoning Ordinance. No further land
divisions shall be allowed in the area under current agricultural production except in compliance
with these policies.
This policy is no longer relevant. No agricultural
lands remain along El Camino Real that are
subject to this policy. Draft LCP Figures 5-1A, B
and C identify the agricultural lands subject to
the policies of the LCP; these lands have
underlying land use designations, per the LCP
land use map, that specify all uses and densities.
155
POLICY 2-5 CITY SUPPORT OF FARM COOPERATIVE/FLOWER AUCTION
The City supports the efforts of the floriculture industry and/or the University of California
Extension Service to establish a farm cooperative and/or flower auction in the North San Diego
County area.
This policy is proposed to be replaced with draft
LCP policy LCP-5-P.5.
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POLICY 2-6 CITY SUPPORT OF EFFICIENT AGRICULTURAL WATER USAGE
The City will take measures to reduce the reliance of agricultural users on imported water. The
City will seek reductions in per capita water consumption and will support efforts at reclaiming
sewage effluent for re-use in agricultural production, and will seek to capture runoff waters in
appropriate areas for use in agricultural production.
This policy is proposed to be replaced with draft
LCP policy LCP-5-P.6.
157
POLICY 2-7 CITY SUPPORT OF LOW COST AGRICULTURAL WATER
The City supports the policy of the Metropolitan Water District and its member agencies to
provide water to agricultural users at a lower rate than to domestic users, and recommends that
the Metropolitan Water District offer its agricultural water rate only to lands designated for
agricultural use in the Land Use Element of the General Plan of the City. The City also
encourages the San Diego County Water Authority and the local retail water agencies to
consider additional reductions in the agricultural water rate.
This policy is outdated and does not reflect
current water conservation efforts, which do not
include reduced water rates. The policy is
proposed to be replaced with draft policy LCP-5-
P.6.
158
POLICY 2-8 CITY SUPPORT OF AGRICULTURAL DRAINAGE PROJECTS
The City will support proposals for public expenditures for minor drainage improvements and
other similar projects which are designed to make land more suitable for agricultural use, within
areas designated in the Land Use Element of the General Plan for continued agricultural use.
This policy is proposed to be replaced with draft
policy LCP-5-P.3.
159
POLICY 2-9 AGRICULTURAL LABOR FORCE
The City intends to keep the Federal Government well-informed regarding local agriculture's
reliance on a foreign labor force, and will ensure that Federal officials are cognizant of local
needs so that any contemplated changes in Federal immigration laws or policies will not be
made without consideration of those needs.
This is a federal immigration issue that is beyond
the scope of the LCP. This policy is not proposed
as part of the draft LCP.
Draft policy LCP-5-P.7 supports the provision of
farmworker housing, which is a way that the city
can help support the agricultural labor force.
160
POLICY 2-10 CITY SUPPORT OF COUNTY FARM ADVISOR AND AGRICULTURAL COMMISSION
The City will continue to support the County Farm Advisor and the Agriculture Commissioners in
their respective educational and regulatory roles intended to provide advice to agriculturists and
home gardeners, to direct the 4-H program, and to ensure that pesticides are properly used.
This policy is proposed to be replaced with draft
policy LCP-5-P.8.
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3.ENVIRONMENTALLY SENSITIVE HABITAT AREAS
POLICY 3-1 CARLSBAD HABITAT MANAGEMENT PLAN
Certain areas of Carlsbad coastal zone have very high habitat value. These areas are not suitable for
farming. These areas exhibit a large number and diversity of both plant and animal species, several of
which are threatened because of extensive conversion of mixed Chaparral and Coastal Sage Scrub
habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major
deterrent to soil erosion and attendant difficulties.
The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how the
city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect
sensitive biological resources within the city and the Coastal zone.
The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation Program
(MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed species and rare
native vegetation while accommodating regional development needs. The HMP provides a
comprehensive plan for creation and management of proposed preserve areas in the coastal zone, along
with appropriate criteria for development requirements and delineation of development/preservation
boundaries. The creation of an effective habitat preserve requires a careful balancing of acquisition,
preservation and mitigation requirements, as well as enforceable monitoring, remediation, and an
adequately funded maintenance program for the preserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It states, in
part, “(e)nvironmentally sensitive habitat areas shall be protected against any significant disruption of
habitat values...” Environmentally sensitive habitat area (ESHA) is defined in Section 30107.5 of the
Coastal Act as "any area in which plant or animal life or their habitats are either rare or especially valuable
because of their special nature or role in an ecosystem and which could be easily disturbed or degraded
by human activities and developments."
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other plans
affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource protection
standards require more stringent limitations to coastal ESHA impacts for individual sites. The clustering
and concentration of development away from sensitive areas that will result from the proposed standards
contained in the HMP and identified in the policies below will provide a larger, more contiguous preserve
area than if development on the same properties were to be approved on a lot-by-lot basis.
This policy is proposed to be replaced
with the description of the HMP in
Section 6.2 of the draft LCP.
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3-1.1 Habitat Management Plan
The document titled "Habitat Management Plan for Natural Communities in the City of Carlsbad,
December 1999 with Two Addenda" (hereafter referred to as HMP) is incorporated herein by
reference. The Second Addendum dated December 2002 contains additional conservation
standards and habitat protection policies that apply within the Coastal Zone. The HMP has been
developed so as to implement and be consistent with all other provisions of this LCP, as
amended. Any changes to the HMP that affect development within the coastal zone (including,
but not limited to, changes to mitigation requirements) shall be certified by the Coastal
Commission as LCP amendments prior to becoming effective.
This policy is proposed to be replaced with draft
LCP policy LCP-6-P.1.
163
3-1.2 Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas,
as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant
disruption of habitat values, and only uses dependent on those resources shall be allowed
within those areas.
This policy is proposed to be replaced with draft
LCP policy LCP-6-P.2.
164
3-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone,
due in part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other
species. Properties containing Coastal Sage Scrub shall conserve a minimum 67% of the Coastal
Sage Scrub and 75% of the gnatcatchers onsite, Conservation of gnatcatchers shall be
determined in consultation with the wildlife agencies.
This policy is proposed to be replaced with draft
LCP policy LCP-6-P.3.
HMP Section D.7.2 includes the exact wording of
this existing policy. The HMP is part of the LCP
and it is redundant and unnecessary to repeat
the provisions of the HMP within the LCP LUP.
165
3-1.4 Oak Woodland
Oak woodland is a closed to relatively open stand of trees within which a dominant tree species
is a species of Oak. In coastal southern California, that species is generally Coast Live oak
(Quercus agrifolia), which is commonly found on slopes and riparian situations. Shrubs vary from
occasional to common, and the herb layer is often continuous and dominated by a variety of
annual grasses.
This policy (which is a description not a policy) is
proposed to be replaced with the description of
“woodland” in Section 6.2 of the draft LCP.
166
3-1.5 Streams
A stream is a topographical feature with a clear bed and bank that periodically conveys water.
3-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic features that convey water, but
only during and shortly after rainfall events in a typical year.
These policies (which are descriptions not
policies) are proposed to be replaced with the
description of local surface waters in Section 6.3
of the draft LCP.
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3-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of Regulations Section
13577(b), 'wetland' means lands within the coastal zone, which may be covered periodically or permanently
with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes,
swamps, mudflats, and fens. Wetland shall include land where the water table is at, near, or above the land
surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall
also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a
result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high
concentrations of salts or other substances in the substrate. A preponderance of hydric soils or a preponderance
of wetland indicator species shall be considered presumptive evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in Section 13577 of the
California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed except as
follows:
a.The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in
accordance with other applicable provisions of this division, where there is no feasible less environmentally
damaging alternative, and where feasible mitigation measures have been provided to minimize adverse
environmental effects, and shall be limited to the following:
(1)New or expanded port, energy, and coastal-dependent industrial facilities, including commercial
fishing facilities.
(2)Maintaining existing, or restoring previously dredged, depths in existing navigational channels,
turning basins, vessel berthing and mooring areas, and boat launching ramps.
(3)In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded
wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411,
for boating facilities if, in conjunction with such boating facilities, a substantial portion of the
degraded wetland is restored and maintained as a biologically productive wetland. The size of the
wetland area used for boating facilities, including berthing space, turning basins, necessary navigation
channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded
wetland.
…
The first paragraph of this policy
is proposed to be replaced with
the description of wetlands in
Section 6.2 of the draft LCP, and
draft LCP policy LCP-6-P.3.
HMP Section D.7-6 include the
exact wording of this existing
policy.
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3-1.7 Wetlands
…
(4)In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or
expanded boating facilities and the placement of structural pilings for public recreational piers
that provide public access and recreational opportunities.
(5)Incidental public service purposes, including but not limited to, burying cables and pipes or
inspection of piers and maintenance of existing intakes and outfall lines.
(6)Mineral extraction, including sand for restoring beaches, except in environmentally sensitive
areas.
(7)Restoration purposes.
(8)Nature study, aquaculture, or similar resource dependent activities.
b.Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine
and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be
transported for such purposes to appropriate beaches or into suitable long shore current systems.
c.In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and
wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any lagoon
alterations shall be limited to very minor incidental public facilities, restorative measures, and nature
study, if otherwise in accordance with this division.
d.Erosion control and flood control facilities constructed on watercourses can impede the movement of
sediment and nutrients, which would otherwise be carried by storm runoff into coastal waters. To
facilitate the continued delivery of these sediments to the littoral zone, whenever feasible, the
material removed from these facilities may be placed at appropriate points on the shoreline in
accordance with other applicable provision of this division, where feasible mitigation measures have
been provided to minimize adverse environmental effects. Aspects that shall be considered before
issuing a coastal development permit for such purposes are the method of placement, time of year of
placement, and sensitivity of the placement area.
These existing policies are proposed
to be replaced with draft LCP policy
LCP-6-P.3.
HMP Section D.7 and F.3.C includes
the exact wording of these existing
policies. The HMP is part of the LCP
and it is redundant and unnecessary
to repeat the provisions of the HMP
within the LCP LUP.
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3-1.8 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 3-1.7, mitigation shall be provided at a ratio
of 3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts.
3-1.9 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime
Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of
Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a creation
component that achieves the no net loss standard. Substantial restoration of highly degraded areas
(where effective functions of the habitat type have been lost) may be substituted for creation subject to
the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of
Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an
opportunity to comment upon proposed substitutions of substantial restoration for the required
creation component. Development shall be consistent with Policy 3-1.2 of this section, unless proposed
impacts are specifically identified in the HMP; these impacts shall be located to minimize impacts to
Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat.
These existing policies are
proposed to be replaced with draft
LCP policy LCP-6-P.3.
HMP Section D.7 and F.3.C includes
the exact wording of these existing
policies. The HMP is part of the
LCP and it is redundant and
unnecessary to repeat the
provisions of the HMP within the
LCP LUP.
170
3-1.10 Upland Habitat Mitigation Requirements
Where impacts to the habitats stated in 3-1.9 are allowed, mitigation shall be provided as follows:
a. The no net loss standard shall be satisfied as stated in 3-1.9. Typically this will consist of creation of the
habitat type being impacted (or substantial restoration where allowed) at a ratio of at least 1:1 as
provided in the HMP.
b. Onsite preservation is not eligible for mitigation credit in the coastal zone. Onsite or off-site open space
preserve areas may be utilized to satisfy required mitigation for habitat impacts associated with
development if the preserve areas are disturbed and suitable for restoration or enhancement, or they
are devoid of habitat value and therefore suitable for the 1:1 mitigation component requiring creation
or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of
qualitatively changing habitat type and may meet the creation requirement if it restores habitat type
that was historically present, but has suffered habitat conversion or such extreme degradation that
most of the present dominant species are not part of the original vegetation. Substantial restoration
contrasts with enhancement activities, which include weeding or planting within vegetation that retains
its historical character, and restoration of disturbed areas to increase the value of existing habitat which
may meet other mitigation requirements pursuant to the HMP.
These existing policies are
proposed to be replaced with draft
LCP policy LCP-6-P.3.
HMP Section D.7 and F.3.C includes
the exact wording of these existing
policies. The HMP is part of the
LCP and it is redundant and
unnecessary to repeat the
provisions of the HMP within the
LCP LUP.
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3-1.10 Upland Habitat Mitigation Requirements
…
c.Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation component
satisfying half of the total obligation. The remainder of the mitigation obligation shall be satisfied
pursuant to the provisions of the HMP.
d.Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an overall ratio
of 3:1, with the creation component satisfying one-third of the total obligation. The remainder of the
mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
e.Impacts to Southern Mixed Chaparral, Native Grassland, and Oak Woodland shall be mitigated
respectively at ratios of 1:1, 3:1, and 3:1 with the creation component satisfying the obligation or one-
third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the
provisions of the HMP.
f.Mitigation for impacts within the coastal zone should be provided within the coastal zone if possible,
particularly the 1:1 creation component, in order to have no net loss of habitat within the coastal zone.
Mitigation measures on land outside the Coastal Zone may be acceptable if such mitigation would clearly
result in higher levels of habitat protection and value and/or would provide significantly greater
mitigation ratios, and the mitigation area is part of the HMP. Land area inside and outside the coastal
zone which serves as mitigation for habitat impacts in the coastal zone shall be permanently retired from
development potential and secured as part of the HMP preserve management plan as a condition of
development approval.
g.Habitat mitigation requirements other than the creation or substantial restoration component may be
partially or wholly fulfilled by acquisition of existing like habitat and/or retirement of development credits
on existing like habitat with permanent preservation as part of the HMP preserve management plan.
…
These existing policies are
proposed to be replaced with draft
LCP policy LCP-6-P.3.
HMP Section D.7 and F.3.C includes
the exact wording of these existing
policies. The HMP is part of the
LCP and it is redundant and
unnecessary to repeat the
provisions of the HMP within the
LCP LUP.
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3-1.10 Upland Habitat Mitigation Requirements
…
h.All mitigation areas, onsite and offsite, shall be secured with a conservation easement in favor of the
wildlife agencies. In addition, a preserve management plan shall be prepared for the mitigation areas, to
the satisfaction of the City, the wildlife agencies, and the Coastal Commission. The preserve management
plan shall ensure adequate funding to protect the preserve as open space and to maintain the biological
values of the mitigation areas in perpetuity.
Management provisions and funding shall be in place prior to any impacts to habitat. At a minimum,
monitoring reports shall be required as a condition of development approval after the first and third year
of habitat mitigation efforts. The preserve management plan shall be incorporated into the
Implementation Plan of the LCP through an LCP amendment within one year of Commission certification
of the HMP as part of the certified LCP.
i.If any conflict should arise between these Policies of the LCP and the provisions of the HMP, the LCP
shall take precedence. If any conflict should arise between the policies of the certified Mello II LUP and
the certified Implementation Plan, the policies of the certified Mello II LUP shall take precedence.
These existing policies are
proposed to be replaced with draft
LCP policy LCP-6-P.3.
HMP Section D.7 and F.3.C includes
the exact wording of these existing
policies. The HMP is part of the
LCP and it is redundant and
unnecessary to repeat the
provisions of the HMP within the
LCP LUP.
173
3-1.11 Highly Constrained Properties
There are properties in the Coastal Zone that are entirely or almost entirely constrained by environmentally
sensitive habitat area (ESHA). In these cases, one of the following additional standards shall apply:
•If more than 80% of the property by area is covered with ESHA at least 75% of the property shall be
conserved, OR
•If the City, with the concurrences of the wildlife agencies and the Coastal Commission through an LCP
amendment, approves a Hardline preserve boundary for any of the above-described properties as part
of the HMP, then the amount of onsite preservation as identified in the Hardline boundary shall apply.
These existing policies are
proposed to be replaced with draft
LCP policy LCP-6-P.3.
HMP Section D.7 and F.3.C includes
the exact wording of these existing
policies. The HMP is part of the
LCP and it is redundant and
unnecessary to repeat the
provisions of the HMP within the
LCP LUP.
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3-1.12 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall
be provided as follows:
a.100 ft. for wetlands
b.50 ft. for riparian areas
c.20 ft. for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent
scrub, southern mixed chaparral, native grassland, oak woodland)
Any proposed reductions in buffer widths for a specific site shall require sufficient information to
determine that a buffer of lesser width will protect the identified resources. Such information shall
include, but is not limited to, the size and type of the development and/or proposed mitigation (such as
planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer.
The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal
Commission staff shall be consulted in such buffer determinations.
No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area,
except for:
a.Modification Zone 3 to a maximum of 20 ft. for upland and non-riparian habitat. No fuel
modification shall take place within 50 ft. of riparian areas, wetlands, or oak woodland.
b.For buffer areas 50 ft. or greater in width, recreation trails and public pathways within the first 15
feet of the buffer closest to the development, provided that construction of the trail or pathway
and its proposed use is consistent with the preservation goals for the adjacent habitat, and that
appropriate measures are taken for physical separation from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and
physical barriers such as walls or fences shall be required to minimize edge effects of development.
3-1.13 Invasive Plants
The use of invasive plant species in the landscaping for developments such as those identified in Table 12 of
the HMP shall be prohibited.
These existing policies are
proposed to be replaced with draft
LCP policy LCP-6-P.3.
HMP Section D.7 and F.3.C includes
the exact wording of these existing
policies. The HMP is part of the
LCP and it is redundant and
unnecessary to repeat the
provisions of the HMP within the
LCP LUP.
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POLICY 3-2 BUENA VISTA LAGOON
Developments located along the first row of lots bordering Buena Vista Lagoon, including the parcel at the
mouth of the lagoon (See Exhibit 4.5), shall be designated for residential development at a density of up to 4
dwelling units per acre. Proposed development in this area shall be required to submit topographic and
vegetation mapping and analysis, as well as soils reports, as part of the coastal development permit
application. Such information shall be provided as a part of or in addition to any required Environmental
Impact Report, and shall be prepared by qualified professionals and in sufficient detail to enable the City to
locate the boundary of wetland and upland areas and areas of slopes in excess of 25%. Topographic maps
shall be submitted at a scale sufficient to determine the appropriate developable areas, generally not less
than a scale of 1” – 100’ with a topographic contour interval of 5 feet, and shall include an overlay delineating
the location of the proposed project. Criteria used to identify any wetlands existing on the site shall be those
of Section 30121 of the Coastal Act and based upon the standards of the Local Coastal Program mapping
regulations, and shall be applied in consultation with the State Department of Fish and Game.
Development shall be clustered to preserve open space for habitat protection. Minimum setbacks of at least
100 feet from wetlands shall be required in all development t, in order to buffer such sensitive habitat areas
from intrusion unless otherwise permitted pursuant to Policy 3-1.12. Such buffer areas, as well as other open
space areas required in permitted development to preserve habitat areas, shall be permanently preserved for
habitat uses through provision of an open space easement as a condition of project approval. In the event
that a wetland areas is bordered by steep slopes (in excess of 25%) which will act as a natural buffer to the
habitat area, a buffer area of less than 100 feet in width may be permitted.
The density of any permitted development shall be based upon the net developable area of the parcel,
excluding any portion of a parcel which is in wetlands.
Storm drain alignments as proposed in the City of Carlsbad Drainage Master Plan which would be carried
through or empty into Buena Vista Lagoon shall not be permitted, unless such improvements comply with the
requirements of Sections 30230, 30231, 30233, and 30235 of the Coastal Act by maintaining or enhancing the
functional capacity of the lagoon in a manner acceptable to the State Department of Fish and Game.
Land divisions shall only be permitted on parcels bordering the Lagoon pursuant to a single planned unit
development permit for the entire original parcel.
The policy is not proposed as part
of the draft LCP; the policy is not
consistent with the LCP land use
map. The Coastal Commission
approved a LCP land use map
change for these parcels to allow
higher density development.
Regarding habitat mapping,
wetlands, buffers, and easements,
draft policy LCP-6-P.7 requires a
site-specific biological report,
which addresses these issues.
Also, the HMP covers the
requirements to cluster
development and for wetland
mapping, buffers and OS
easements (see draft policies LCP-
6-P.1 and LCP-6-P.3).
Draft policy LCP-6-P.13 addresses
protection of lagoon water quality.
See draft policies LCP-7-P.46 and
LCP-7-P.48 to 50 for policies
regarding steep slopes.
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POLICY 3-3 BATIQUITOS LAGOON
Erosion, drainage, and sedimentation of Batiquitos Lagoon were previously addressed, in the
certified Local Coastal Program prepared by the Coastal Commission for the areas subject to
AB462 (Mello I Segment) (See Exhibit 1.1). Development within the area which is the subject of
that plan AB462 (Mello I Segment), and of AB1971 (Mello II Segment), shall also be required to
meet those same policies. Much of the Batiquitos Lagoon watershed is designated in this plan
for continued agricultural use which does not require a coastal development permit. When a
coastal development permit is required, however, conditions shall be imposed which will
assure that the permitted development will be carried out in a manner that assures protection
of the water quality of the Lagoon. Removal of major vegetation, for instance, requires a
coastal development permit, and such permitted activity shall be conditioned to limit the
manner, time, and location of vegetation removal so as to minimize soil erosion.
Development shall be clustered to preserve sensitive habitat areas and maintain the maximum
amount of permanent open space feasible. At a minimum, the following policies shall regulate
development in areas adjacent to the lagoon:
a)A minimum setback of 100 feet from the wetland shall be required, with the wetland area
determined as described in Policy 3-2, Buena Vista Lagoon on Page 56.
The Batiquitos Lagoon water quality policies in
the original LCP (prepared by PRC Toups for the
Coastal Commission) included two policies:
1) slopes and preservation of vegetation - limiting
development on steep slopes and maintaining
vegetation on slopes [see draft policies LCP-7-
P.46 to 50]; and
2) recognizing the lagoons poor water quality
from chronic eutrophication [no longer relevant].
Other original policies in the same section
addressed protection of ESHA (see policies LCP-6-
P.1 to 12).
Water quality policies are proposed to be
replaced with California Coastal Commission
Model Water Quality Policies reflected in draft
policies LCP-6-P.15 to 26; see draft policy LCP-6-
P.22 regarding CDP conditions.
Regarding habitat protection - the policies of draft
Chapter 6, which require compliance with the
HMP, address this. Clustering of development is
also referenced in the HMP discussion section of
draft Chapter 6, Section 6.2.
a) The policy regarding a 100-foot wetland buffer
is required by the HMP and is not proposed to
be repeated in the draft LCP.
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POLICY 3-3 BATIQUITOS LAGOON
…
b)At least two-thirds (2/3) of any permitted development shall be clustered on the half of the
property furthest away from the lagoon at the base of the bluff.
c)Existing mature trees shall be preserved.
d)An offer to dedicate land for public recreation use, in favor of the City of Carlsbad or State Coastal
Conservancy and irrevocable for a term of 21 years, shall be required as a condition of
development. The required land dedication shall be of a size adequate to accommodate public
use facilities including some picnic tables and public parking, and shall include a public access trail
parallel to the lagoon shore of at least 15 feet in width with unobstructed views to the lagoon.
e)To facilitate provision of public use areas and preservation of environmentally sensitive lands, and
to maintain the outstanding visual resources in the area surrounding the lagoon, an additional
density credit of one dwelling unit per acre of developed land shall be provided for each two and
one half per cent (2½ %) of total lot area, excluding wetlands, which is maintained in open space
and public recreation in excess of fifty per cent (50%) of the total lot area, excluding wetlands.
f)Land divisions shall only be permitted on parcels bordering the lagoon pursuant to a single
planned development permit over the entire original parcel. The base residential density shall be a
maximum of 12 dwelling units per gross acre, excluding wetlands, subject to increase as provided
in Policy 3-3 e) above.
b), c), d) and e) pertain to clustering, trees,
recreation, and density. The only
remaining undeveloped developable
lot adjacent to Batiquitos Lagoon is the
Murphy site. Draft LCP chapter 2 (draft
policies LCP-2-P.21 to 23) provides
policies that require the mature trees
on the Murphy site to be preserved, to
require an easement for a public trail,
and allows the entire potential density
to be clustered on the northern portion
of the site, and preserve the southern
third closest to the lagoon as open
space.
f) The LCP land use designations regulate
density (all of which are less than 12
du/acre adjacent to the lagoon). The
requirement for a PUD is not necessary
for resource protection, considering all
the regulations that exist today (HMP
in particular). The PUD requirement is
not proposed as part of the draft LCP.
178
POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
Permitted new development shall comply with the following requirements:
a)All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of
the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan
(SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage Master Plan are hereby
incorporated into the LCP by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any policies of the LCP.
a. Proposed to be replaced by draft
policies LCP-6-P.15 and LCP-6-P.16.
Note that the SUSMP and the San
Diego County Hydrology Manual
have been replaced by the city’s
Engineering Standards Volume’s 4 &
5 (construction and post-
construction BMPs).
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POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
…
b)All graded areas shall be landscaped prior to October 1st of each year with either temporary
or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be
maintained and replanted if not well-established by December 1st following the initial
planting.
c)Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The City
shall require developments to incorporate structural and non-structural best management
practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any
increases in peak runoff rate.
d)Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small collection
strategies located at, or as close as possible to, the source (i.e., the point where water initially
meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a
municipal separate storm sewer system (MS4) shall be utilized.
e)Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
f)Development projects should be designed to comply with the following site design principles:
1.Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3.Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition
of such areas shall be encouraged.
4.Provide development-free buffer zones for natural water bodies.
b. Proposed to be replaced by draft policy
LCP-6-P.24.
c. Proposed to be replaced by draft policies
LCP-6-P.17 and LCP-6-P.18, which reflect
the California Coastal Commission Model
Water Quality Policies.
d.Proposed to be replaced by draft policies
LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality
Policies.
e. Proposed to be replaced by draft policies
LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality
Policies.
f.(1)(3). Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.19, which
reflect the California Coastal Commission
Model Water Quality Policies.
f.(2). This policy is related more to protection
of natural habitat. Draft LCP policies LCP-
6-P.1, LCP-6-P.2 and LCP-6-P.3 address
this. Clustering of development is also
referenced in the HMP discussion section
of draft LCP Section 6.2.
f.(4). Buffers around wetlands are addressed
by draft LCP policies LCP-6-P.1, LCP-6-P.2
and LCP-6-P.3, which require compliance
with the HMP.
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180
POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
Permitted new development shall comply with the following requirements:
…
f)Development projects should be designed to comply with the following site
design principles:
…
5.Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6.Where feasible implement site design/landscape features to slow runoff
and maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other
pollutants from entering the storm water conveyance system.
8.Incorporate roof or awning covers over trash storage areas to prevent
off-site transport of trash and other pollutants from entering the storm
water conveyance system.
9.Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10.Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
g)Priority projects identified in the SUSMP will incorporate structural BMPs and
submit a Water Quality Technical Report as specified in the NPDES permit and
in the SUSMP.
h)Structural BMPs used to meet SUSMP requirements for priority projects shall
be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice (BMP) Handbook, dated January 2003
or the current version of that publication, and designed to meet, infiltrate,
filter or treat the runoff produced from each storm event up to and including
the 85th percentile 24-hour storm event.
f.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19,
which reflects the California Coastal Commission Model
Water Quality Policies.
f.(7)(8). These policies are proposed to be replaced with
draft LCP policy LCP-6-P.16 and require compliance with
the city’s BMP manuals (draft policy LCP-6-P.15). Draft
policy LCP-6-P.16 requires development be designed to
minimize transport of pollutants; draft policy LCP-6-P.15
requires compliance with SWPPP and BMP manuals,
which require protection of outdoor storage and trash
areas from rainfall, run-on, runoff, and wind.
f.(9). Proposed to be replaced by draft policies LCP-6-P.19
and LCP-6-P.20, which reflect the California Coastal
Commission Model Water Quality Policies.
f.(10). Proposed to be replaced by draft policy LCP-6-P.19
and require compliance with the city’s BMP manual
(draft policy LCP-6-P.15). Draft policy LCP-6-P.19
requires development to minimize installation of
impervious surfaces; draft policy LCP-6-P.15 requires
compliance with the city’s BMP manual, which requires
streets, sidewalks and parking lot isles be designed to
the minimum width necessary, and to reduce or
eliminate curb and gutters to allow roadway runoff to
drain to adjacent pervious areas.
g. Proposed to be replaced by draft policies LCP-6-P.18 and
LCP-6-P.25, which reflect the California Coastal
Commission Model Water Quality Policies. The SUSMP
has been replaced by the city’s BMP manuals.
h. Proposed to be replaced by draft policy LCP-6-P.25,
which reflects the California Coastal Commission Model
Water Quality Policies. The SUSMP has been replaced by
the city’s BMP manuals.
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POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
Permitted new development shall comply with the following requirements:
…
i) Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad
Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the
definitions of “adjacent to” and “draining directly to” that are found in the SUSMP.
j) The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
k) The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
l) Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
m) Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of
the SUSMP, including being treated as a priority project if they create more than 2,500
square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
n) Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard,
if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
i. The city’s BMP manuals, which have replaced
the SUSMP, refer to the city’s MS4 permit for
the list of priority projects. Draft LCP Table 6-2
incorporates the list of priority projects into the
draft LCP. This policy is proposed to be
replaced with the definition in draft LCP Table
6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit.
Draft LCP Table 6-2 is referenced in draft policy
LCP-6-P.25.
j. Proposed to be replaced by draft policy LCP-6-
P.22, which reflects the California Coastal
Commission Model Water Quality Policies.
k. Proposed to be replaced by draft policy LCP-6-
P.29
l. Proposed to be replaced by draft policy LCP-6-
P.23, which reflects the California Coastal
Commission Model Water Quality Policies.
m. Proposed to be replaced by draft LCP Table 6-2
and draft policy LCP-6-P.25.
n. Proposed to be replaced by draft policies draft
LCP Table 6-2 and draft policies LCP-6-P.20, and
LCP-6-P.25. See the definition in draft Table 6-
2 (row 5), which is consistent with current
regional requirements per the MS4 permit (i.e.,
residential projects that increase impervious
area by 2500 sq ft or more, and are within 200
feet of an ESA, and discharge directly to an ESA,
are PDPs).
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POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
Permitted new development shall comply with the following requirements:
…
o)Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
p)The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards
dated April 2003 without an LCP amendment:
1.Addition of new Best Management Practices (BMPs) found to be more protective
of water quality than current BMPs or removal of BMPs found to be ineffective.
(This does not include removal of BMPs or categories of BMPs on the basis that the
City finds them to be infeasible or impracticable.)
2.Addition of new development categories as Priority Projects.
3.Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4.Reduction in the area of impervious surfaces used to designate a specific category
of Priority Project.
q)Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
o. This policy is proposed to be replaced draft
policy LCP-6-P.16 and require compliance with
the city’s BMP manuals (draft policy LCP-6-
P.15). Draft policy LCP-6-P.16 requires
development be designed to minimize transport
of pollutants; draft policy LCP-6-P.15 requires
compliance with the city’s BMP manual, which
requires all development projects “to select a
landscape design and plant palette that
minimizes required resources (irrigation,
fertilizers and pesticides) and pollutants
generated from landscape areas.”
p and q. Proposed to be replaced by draft policy
LCP-6-P.27. SUSMP is now replaced by the
city’s Engineering Standards Volumes 4 and 5.
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
(a) Maximum Density of Development
Residential densities in the 433-acre Kelly Ranch shall be permitted and based on the
underlying LCP Land Use designation. The residential land use designations shall
represent the maximum density permitted subject to application of requested density
bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable
resource protection provisions of the certified LCP.
Approximately 2.8 acres located adjacent to and west of Cannon Road, CDP 98-47 are
designated Open Space with an interpretive center for Agua Hedionda Lagoon
designated as an allowable use.
(b) Coastal Commission Permit 6-84-617 Agriculture
Agricultural preservation policies for the 433-acre Kelly Ranch have been deleted by
LCP amendment of 1-85.
…
a) This area is near to being fully developed. The
area is designated on the LCP land use map as
residential and open space. The Agua Hedionda
Lagoon interpretive center has been developed
and is designated as open space. Section 2.3 of
the draft LCP, which includes the land use map,
replaces this policy.
(b) This policy refers to a deleted policy and is no
longer relevant.
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
(c) Preservation of Steep Slopes, Sensitive Vegetation and Erosion Control
Any development proposal that affects steep slopes (25% inclination or greater) shall be required to prepare
a slope map and analysis for the affected slopes. The slope mapping and analysis shall be prepared during
CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal
development permit.
(1)Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant
communities – For those slopes possessing endangered plant/animal species and/or coastal sage scrub
and chaparral plant communities, the following policy language applies:
a)Coastal Sage Scrub and Chaparral plant communities shall be preserved in their natural state within
designated open space areas shown on the LCP Kelly Ranch Open Space map.
b)Restoration of the disturbed areas within the delineated open space shall be required as a condition
of subdivision approval and shall be developed in consultation with the Department of Fish and
Game. The disturbed areas shall be revegetated and existing vegetation enhanced with native
species to serve as upland transitional habitat to low-lying wetlands and environmentally sensitive
habitat areas north and west of Cannon Road. The restoration and enhancement plan shall include
a maintenance and monitoring component to assure long-term productivity and continuance of
the habitat value.
c)Upon dedication of a conservation easement or in fee dedication, or upon recordation of offers to
dedicate the Kelly Ranch Open Space to the City of Carlsbad or other public entity, development of
steep slopes over 25% grade may occur in areas outside the designated open space. Such
encroachment shall be approved by the Department of Fish and Game and the U.S. Fish and Wildlife
Service as consistent with the State and Federal Endangered Species Act. Dedication will assure
preservation of a viable upland habitat corridor and scenic hillsides.
d)Slopes and habitat areas within the designated open space shall be placed in a permanent open
space conservation easement or dedicated in fee as a condition of subdivision approval. The
purpose of the open space easement shall be to reduce the potential for localized erosion and slide
hazards, to prohibit the removal of native vegetation except for creating authorized firebreaks
and/or planting fire retardant vegetation and to protect visual resources of importance to the
entire community. The easement shall be granted to the City of Carlsbad to be maintained and
managed as part of the LCP open space system for Kelly Ranch.
(c) Proposed to be replaced
with draft LCP policies LCP-
6-P.3, LCP-7-P.46 and LCP-
7-P.48 to 51. LCP-P-6.3
requires compliance with
the HMP; HMP section F
addresses erosion control
measures to protect
habitat. Policies LCP-7-P.46
and LCP-7-P.48 to 51
address development
restrictions on steep slopes.
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
(c) Preservation of Steep Slopes, Sensitive Vegetation and Erosion Control
…
(2)Drainage and Runoff Rates – Drainage and runoff shall be controlled so as not to exceed at
any time the rate associated with the property in its present state, and appropriate
measures shall be taken on and/or offsite to prevent siltation of lagoons and other
environmentally sensitive areas.
(3)Installation Timing of Drainage and Runoff Control Measures – The appropriate measures
shall be installed prior to onsite grading.
(d) Brush Management – A fire suppression plan shall be required for all residential development
adjacent to designated open space subject to approval by the City of Carlsbad Fire
Department. The fire suppression plan shall incorporate a combination of building materials,
sufficient structural setbacks from native vegetation and selective thinning designed to assure
safety from fire hazard, protection of native habitat, and landscape screening of the
residential structures. No portions of brush management Zone 1 and 2 as defined in the City
of Carlsbad Landscape Manual shall occur in designated open space areas. Zone 3 may be
permitted within designated open space upon written approval of the Fire Department and
only when native fire retardant planting is permitted to replace high and moderate fuel
species required to be removed.
(e) Siting/Parking – Due to severe site constraints, innovative siting and design criteria (including
shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated
to minimize paved surface area. Dwelling units shall be clustered in the relatively flat portions
of the site.
[no (f)]
(g) Roads in Open Space – Access roads shall be a permitted use within designated open space
subject to an approved coastal development permit, only when necessary to access flatter
areas and when designed to be the least environmentally damaging feasible alternative.
Wildlife corridors shall be required when necessary to facilitate wildlife movement through
the open space area.
(c)Proposed to be replaced with draft LCP
policies LCP-6-P.3, LCP-7-P.46 and LCP-7-
P.48 to 51. LCP-P-6.3 requires
compliance with the HMP; HMP section F
addresses erosion control measures to
protect habitat. Policies LCP-7-P.46 and
LCP-7-P.48 to 51 address development
restrictions on steep slopes.
(d)Proposed to be replaced with draft
policies LCP-7-P.55 to 58, which address
fire hazards.
(e) This policy is addressed by draft LCP
policies LCP-6-P.15 to LCP-6-P.19.
(g) This policy is outdated. The open space in
Kelly Ranch is part of the HMP preserve
and is subject to the access restrictions of
the HMP. See draft policies LCP-6-P.1
through LCP-6-P.3.
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
(h) Other Uses in Open Space – The designated open space on Planning Area D may be modified
to accommodate daycare facilities and RV parking which meet the following criteria, subject to
an approved coastal development permit:
1) In no case shall the designated open space corridor be less than 800 feet including the
desiltation basin on Planning Area E;
2) No development shall encroach into jurisdictional wetlands mapped by the ACOE;
3) The facilities shall be located on the least environmentally sensitive portion of the site
and within non-native grassland and/or disturbed agricultural area to the maximum
extent possible; and
The area utilized for these uses shall be the minimum size necessary to satisfy the requirements of
the City of Carlsbad Zoning Code.
(h) This policy has been implemented and
daycare and RV parking has been
developed per the provisions of the
policy. The policy is no longer needed.
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
(i) Water Quality:
a.All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with
the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan,
and the following additional requirements. The SUSMP, dated April 2003 and as
amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the
LCP by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any
policies of the LCP.
b.Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development.
The City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c.Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d.Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
a. Proposed to be replaced by draft policies
LCP-6-P.15 and LCP-6-P.16. Note that the
SUSMP and the San Diego County
Hydrology Manual have been replaced by
the city’s Engineering Standards Volume’s 4
& 5 (construction and post-construction
BMPs).
b.Proposed to be replaced by draft policies
LCP-6-P.17 and LCP-6-P.18, which reflect
the California Coastal Commission Model
Water Quality Policies.
c.Proposed to be replaced by draft policies
LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality Policies.
d. Proposed to be replaced by draft policies
LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality Policies.
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
(i) Water Quality:
…
e.Development projects should be designed to comply with the following site design
principles:
1.Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3.Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4.Provide development-free buffer zones for natural water bodies.
5.Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6.Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids and other pollutants from entering the
storm water conveyance system.
8.Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water
conveyance system.
9.Limit disturbances of natural water bodies and natural drainage systems caused
by development including roads, highways and bridges.
e. (1)(3). Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.19, which
reflect the California Coastal Commission
Model Water Quality Policies.
e. (2). This policy is related more to protection
of natural habitat. Draft LCP policies LCP-6-
P.1, LCP-6-P.2 and LCP-6-P.3 address this.
Clustering of development is also referenced
in the HMP discussion section of draft LCP
Section 6.2.
e. (4). Buffers around wetlands are addressed
by draft LCP policies LCP-6-P.1, LCP-6-P.2 and
LCP-6-P.3, which require compliance with the
HMP.
e. (5)(6). Proposed to be replaced by draft policy
LCP-6-P.19, which reflects the California
Coastal Commission Model Water Quality
Policies.
e. (7)(8). These policies are proposed to be
replaced with draft LCP policy LCP-6-P.16 and
require compliance with the city’s BMP
manuals (draft policy LCP-6-P.15). Draft policy
LCP-6-P.16 requires development be designed
to minimize transport of pollutants; draft
policy LCP-6-P.15 requires compliance with
SWPPP and BMP manuals, which require
protection of outdoor storage and trash areas
from rainfall, run-on, runoff, and wind.
e. (9). Proposed to be replaced by draft policies
LCP-6-P.19 and LCP-6-P.20, which reflect the
California Coastal Commission Model Water
Quality Policies.
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
(i) Water Quality:
…
e.Development projects should be designed to comply with the following
site design principles:
…
10.Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
f.Priority projects identified in the SUSMP will incorporate structural BMPs
and submit a Water Quality Technical Report as specified in the NPDES
permit and in the SUSMP.
g.Structural BMPs used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice (BMP) Handbook, dated January
2003 or the current version of that publication, and designed to meet,
infiltrate, filter or treat the runoff produced from each storm event up to
and including the 85th percentile 24-hour storm event.
h.Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area,
that are in, adjacent to or drain directly to Environmentally Sensitive Areas
(ESA), identified in the City of Carlsbad Standard Urban Storm Water
Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent
to” and “draining directly to” that are found in the SUSMP.
i.The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMPs for the life of the project.
j.The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
e. (10). Proposed to be replaced by draft policy LCP-6-P.19
and require compliance with the city’s BMP manual (draft
policy LCP-6-P.15). Draft policy LCP-6-P.19 requires
development to minimize installation of impervious
surfaces; draft policy LCP-6-P.15 requires compliance
with the city’s BMP manual, which requires streets,
sidewalks and parking lot isles be designed to the
minimum width necessary, and to reduce or eliminate
curb and gutters to allow roadway runoff to drain to
adjacent pervious areas.
f. Proposed to be replaced by draft policies LCP-6-P.18 and
LCP-6-P.25, which reflect the California Coastal
Commission Model Water Quality Policies. The SUSMP
has been replaced by the city’s BMP manuals.
g. Proposed to be replaced by draft policy LCP-6-P.25, which
reflects the California Coastal Commission Model Water
Quality Policies. The SUSMP has been replaced by the
city’s BMP manuals.
h. The city’s BMP manuals, which have replaced the SUSMP,
refer to the city’s MS4 permit for the list of priority
projects. Draft LCP Table 6-2 incorporates the list of
priority projects into the draft LCP. This policy is
proposed to be replaced with the definition in draft LCP
Table 6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit. Draft LCP
Table 6-2 is referenced in draft policy LCP-6-P.25.
i. Proposed to be replaced by draft policy LCP-6-P.22, which
reflects the California Coastal Commission Model Water
Quality Policies.
j. Proposed to be replaced by draft policy LCP-6-P.29
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
k.Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of
the SUSMP, including being treated as a priority project if they create more than 2,500
square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
m.Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard,
if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n.Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
k. Proposed to be replaced by draft policy LCP-6-
P.23, which reflects the California Coastal
Commission Model Water Quality Policies.
l. Proposed to be replaced by draft LCP Table 6-2
and draft policy LCP-6-P.25.
m. Proposed to be replaced by draft policies draft
LCP Table 6-2 and draft policies LCP-6-P.20,
and LCP-6-P.25. See the definition in draft
Table 6-2 (row 5), which is consistent with
current regional requirements per the MS4
permit (i.e., residential projects that increase
impervious area by 2500 sq ft or more, and
are within 200 feet of an ESA, and discharge
directly to an ESA, are PDPs).
n. This policy is proposed to be replaced draft
policy LCP-6-P.16 and require compliance
with the city’s BMP manuals (draft policy LCP-
6-P.15). Draft policy LCP-6-P.16 requires
development be designed to minimize
transport of pollutants; draft policy LCP-6-
P.15 requires compliance with the city’s BMP
manual, which requires all development
projects “to select a landscape design and
plant palette that minimizes required
resources (irrigation, fertilizers and
pesticides) and pollutants generated from
landscape areas.”
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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191
POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
1.Addition of new Best Management Practices (BMPs) found to be more protective of water
quality than current BMPs or removal of BMPs found to be ineffective. (This does not include
removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible
or impracticable.)
2.Addition of new development categories as Priority Projects.
3.Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4.Reduction in the area of impervious surfaces used to designate a specific category of Priority
Project.
p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For any
changes not included in the above list, the City shall contact the Executive Director to determine
whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP
amendment for the changes.
o and p. Proposed to be replaced by
draft policy LCP-6-P.27. SUSMP is
now replaced by the city’s
Engineering Standards Volumes 4
and 5.
192
POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
In addition the following shall apply:
New development and significant redevelopment of private and publicly owned properties, must
incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent
runoff contamination, and minimize runoff volume from the site in the developed condition, to the
greatest extent feasible. At a minimum, the following specific requirements shall be applied to
development of type and/or intensity listed below:
…
These policies are proposed to be
replaced with updated water quality
policies that are consistent with
regional requirements and California
Coastal Commission Water Quality
Model Policies – see draft LCP policies
LCP-6-P.13 through LCP-6-P.29.
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193
POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
Residential Development
Development plans for, or which include residential housing development with greater than 10 housing
units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed
to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and
including the 85th percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to
the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils
engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The
plan shall be designed in consideration of the following criteria, and approved prior to issuance of a
coastal development permit:
a) Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff
into the ground and/or design site with the capacity to convey or store peak runoff from a storm and
release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water
bodies;
b) Use porous materials for or near walkways and driveways where feasible;
c) Incorporate design elements which will serve to reduce directly connected impervious area where
feasible. Options include the use of alternative design features such as concrete grid driveways,
and/or pavers for walkways
d) Runoff from driveways, streets and other impervious surfaces shall be collected and directed through
a system of vegetated and/or gravel filter strips or other media devices, where feasible. Selected
filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or
mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also
be designed to convey and discharge runoff from the building site in a non-erosive manner.
e) Selected BMPs shall be engineered and constructed in accordance with the design specifications and
guidance contained in the California Stormwater Best Management Practices Handbook (Municipal).
f) The plan must include provisions for regular inspection and maintenance of structural BMPs, for the
life of the project.
…
These policies are proposed to be
replaced with updated water quality
policies that are consistent with
regional requirements and California
Coastal Commission Water Quality
Model Policies – see draft LCP policies
LCP-6-P.13 through LCP-6-P.29.
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
Parking Lots
Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with 25 or
more parking spaces, susceptible to stormwater, shall:
a)Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil,
grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site,
prior to such runoff entering the stormwater conveyance system, or any receiving water body.
Options to meet this requirement include the use of vegetative filter strips or other media filter
devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs
shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and
every storm event up to and including the 85th percentile 24-hour runoff event. BMPs shall be
engineered and constructed in accordance with the guidance and specifications provided in the
California Stormwater Best Management Practices Handbooks (Commercial and Industrial).
These policies are proposed to be
replaced with updated water quality
policies that are consistent with
regional requirements and California
Coastal Commission Water Quality
Model Policies – see draft LCP policies
LCP-6-P.13 through LCP-6-P.29.
195
POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
All Development
a)A public education program designed to raise the level of awareness of water quality issues around
the lagoon including such elements as catch basin stenciling and public awareness signs;
b)A landscape management plan that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water quality/urban runoff control
plan and monitoring program to ensure the discharge from all proposed outlets is consistent with local
and regional standards. Such measures shall be required as a condition of coastal development permit
approval at the subdivision and/or development stage, as appropriate.
These policies are replaced with
updated water quality protection
policies - see draft policies LCP-6-P.13
to 29 (also see rows 18-21 above).
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POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
…
(j)Vista Points – Public vista points shall be provided at two locations, one in Planning Area J and
the other either entirely within Planning Area L or including portions of Planning Area L and the
disturbed high points of adjacent Planning Area D, to provide views of the Pacific Ocean, Agua
Hedionda Lagoon and its environs, and shall be accessible to the public at large. Vista points may
be located in disturbed open space areas subject to approval by the Department of Fish and
Game. Support parking shall be provided and may be located either on-street or off-street
within close proximity to the vista point(s). Dedications necessary to provide the vista points and
access to the vista points shall be a condition of coastal development permit approval at the
subdivision stage.
(k)Public Trails – A public trails system that links Agua Hedionda Lagoon, the interpretive center, the
street system, open space areas and public vista point(s) shall be provided in consultation with
California Department of Fish and Game. Trails provided outside of the public right-of-way shall
be dedicated by easement as a condition of subdivision approval. Trail improvements may be a
combination of sidewalks within the public right-of-way and, for segments located outside of the
public right-of-way, as defined in the Open Space Conservation and Resource Management Plan.
Trails shall be installed concurrent with residential development and are indicated on Exhibit 19
(Conceptual Open Space & Conservation Map).
(l)Public Streets/Gated Communities – The street systems shall provide public access and support
parking for the public trail system and vista points in the residential developments located in
Planning Areas J, K and L of Kelly Ranch. Public access may be provided through public streets, or
private streets with public access easements or deed restriction. Private gated communities shall
not be permitted within those planning areas.
(j), (k) and (l) these policies have been
implemented and are no longer
needed on a site-specific basis. See
draft LCP policies in Chapters 4 and 5
regarding policies for trails and scenic
views throughout the Coastal Zone.
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197
POLICY 3-6 SEAPOINTE / ENCINAS CREEK
Permitted uses within the wetlands and designated upland buffer of the Ward property
(portion of Parcel #214-010-01) shall be limited to access paths in uplands, aquaculture,
fencing, nature study projects or similar resource dependent uses, wetland restoration
projects and other improvements necessary to protect wetlands.
This policy has been implemented; the site has
been developed consistent with the policy.
This policy is proposed to be replaced with draft
LCP policies LCP-6-P.1 through LCP-6-P.3.
The requirements of the HMP adequately replace
the buffer requirements of the existing policy.
198
POLICY 3-7 CITY OWNED LANDS ADJACENT TO MACARIO CANYON AND VETERANS MEMORIAL
PARK
The City of Carlsbad owns approximately 521 acres in and adjacent to Macario Canyon. A
municipal golf course has been proposed for a portion of the property, and a public park is
planned for another portion. Development of the property shall be subject to the following
policies regarding protection of habitat:
a.The impact and conservation areas for the Municipal Golf Course are shown as a Hardline
design in the HMP (Figure 8 Revised), and which shall serve as the standard of review for
determining areas in which development may occur in the future. Areas shown for
conservation shall not be impacted or disturbed except for revegtation, restoration and
other similar activities related to mitigation. Areas shown for impact may be fully
developed with appropriate mitigation.
b.Any impacts to Coastal Sage Scrub shall be mitigated by on-site creation at a rate of 2:1
in compliance with the no net loss standard stated in Policy 3-1.2. Onsite revegetation or
restoration may be done on agricultural, disturbed or non-native grassland areas. For
impacts to the Coastal California gnatcatcher, additional mitigation shall be provided by
acquisition and preservation at a 1:1 ratio of land supporting gnatcatchers. Impacts to
dual criteria slopes shall not exceed 10% in compliance with Policy 4-3(b).
c.In order to provide a viable north-south wildlife corridor across Macario Canyon, the area
shown on the HMP Hardline map as “Veterans Memorial Park Wildlife Corridor” shall be
conserved concurrent with any impacts to the Macario Canyon property. No
development shall occur within the Wildlife Corridor except a designated trail and rest
areas along the trail.
d.Protection and management of all mitigation areas shall be consistent with Policy 3-1.10.f
and h.
This policy is proposed to be replaced with the
draft LCP policy LCP-6-P.3
This existing policy repeats the requirements
specified in HMP Section D.7-13. The HMP is part
of the LCP and it is redundant and unnecessary to
repeat the provisions of the HMP within the LCP
LUP.
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199
POLICY 3-7 CITY OWNED LANDS ADJACENT TO MACARIO CANYON AND VETERANS MEMORIAL
PARK
…
e.The area shown as “Veterans Memorial Park Development Area” is designated for public
recreational use. It is the intent of this policy that the public park area be developed so as
to maximize public access and provide a variety of recreational opportunities.
Development within steep slopes and/or native vegetation shall be limited to passive
recreational facilities, such as recreational trails and picnic areas. Within the proposed
development areas, grading of steep slope areas with native vegetation shall be limited to
the minimum amount necessary to allow such uses.
f.Segments of the Citywide Trail System viewpoints and other opportunities for public access
shall be incorporated into the development areas.
g.In the riparian area of Macario Canyon Creek, two crossings shall be allowed, as shown in
the HMP Hardline exhibit. Crossing #1 shall utilize the existing farm road. Crossing #2 shall
utilize a bridge span structure. No riparian impacts shall occur for either crossing.
h.The design of riparian buffers shall be as shown in the HMP. Buffers shall be landscaped
with appropriate native, non-invasive plants to provide a natural transition between
recreational areas and riparian habitat, as well as to discourage human intrusion into the
riparian area. Appropriate signing and fencing will also be utilized as provided in Section
3-1.12.
This policy is proposed to be replaced with the
draft LCP policy LCP-6-P.3
This existing policy repeats the requirements
specified in HMP Section D.7-13. The HMP is part
of the LCP and it is redundant and unnecessary to
repeat the provisions of the HMP within the LCP
LUP.
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200
POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS
The following standards are intended to be guidelines for development and habitat
preservation, based upon best available information at the time these standards were
prepared. The standards apply to parcels primarily in Zones 20 and 21 shown on Exhibit A in
the HMP Addendum #2 and that are located within the biological core and linkage areas
designated in the MHCP, and are in addition to the applicable standards contained in Policy
3-1 and the HMP. The standards are intended to direct development to existing disturbed
areas to the maximum extent feasible, limit impacts to native vegetation and establish viable
core and linkage areas as delineated in the HMP. In general, each property shall be allowed
to develop at least 25% of the site with appropriate mitigation as specified in Policies 3-1.9
through 3-1.12. When individual properties are proposed for rezoning or development,
detailed biological information will be required to determine whether the proposal is
consistent with Policy 3-1 and the standards below, based upon the actual type, location and
condition of onsite resources, and the appropriate locations of development and preservation
areas.
3-8.1 Assessor’s Parcel No. 212-120-33 (Hieatt)
No impact to vernal pools. Minimize impact to vernal pool watersheds.
3-8.2 Assessor’s Parcel No. 212-010-3 (Kirgis)
Preserve 75% of property with development clustered immediately adjacent to Kelly
Ranch.
3-8.3 Assessor’s Parcel No. 215-070-38 (Fernandez)
Cluster development on disturbed areas to the maximum extent feasible. Maximum
10% impact on CSS and SMC for access purposes.
3-8.4 Assessor’s Parcel No. 215-040-03 (Muroya)
Cluster development on disturbed areas to the maximum extent feasible. Maximum
10% impact on CSS and SMC for access purposes.
3-8.5 Assessor’s Parcel No. 212-040-50 (Emerald Point)
Development limited to disturbed and non-native grassland areas. No impacts to
native habitat allowed.
This policy is proposed to be replaced with the draft
LCP policy LCP-6-P.3
This existing policy repeats the requirements
specified in HMP Section D.7-13. The HMP is part of
the LCP and it is redundant and unnecessary to
repeat the provisions of the HMP within the LCP
LUP.
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POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS
…
3-8.6 Assessor’s Parcel No. 215-020-06 (RWSB)
Development shall be limited to a maximum of 25% of the property, not including
Poinsettia Lane construction, and shall be clustered to the maximum extent feasible
along disturbed portions of the property adjacent to Cassia Lane and the future
Poinsettia Lane extension. Impacts to SMC habitat shall be minimized. A wildlife
corridor linkage oriented generally north-south shall be provided on the eastern half
of the property and designed to connect to neighboring properties with existing or
potential wildlife corridor linkages. Impacts to native habitat shall require onside
mitigation through restoration and/or creation of habitat within the designed
corridor linkage, in addition to any other required mitigation.
3-8.7 Assessor’s Parcel No. 215-020-07 (Maldonado)
Development shall be concentrated along the Poinsettia Lane extension and shall be
limited to the western half of the property. No impacts to the coast oak woodland
and riparian area except for Poinsettia Lane extension. The eastern half of the
property is recommended for offsite mitigation for other properties in Zone 21;
however, at minimum a wildlife corridor linkage oriented generally north-south shall
be provided on the eastern half of the property and designed to connect to
neighboring properties with existing or potential wildlife corridor linkages. The
corridor linkage shall include any onsite coast oak woodland area.
3-8.8 Assessor’s Parcel No. 215-050-21 (Namikas)
Development shall be limited to a maximum of 25% of the property, not including
Poinsettia Lane construction, and shall be clustered on the western portion of the
property. No impacts to coast oak woodland, riparian areas or wetlands except for
Poinsettia Lane extension. A wildlife corridor linkage oriented generally north-
south shall be provided on the eastern portion of the property, include the onsite
coast oak woodland area, and be designed to connect to neighboring properties
with existing or potential wildlife corridor linkages. Impacts to native habitat shall
require onsite mitigation through restoration and/or creation of habitat within the
designated corridor linkage, in addition to any other required mitigation.
This policy is proposed to be replaced with the draft
LCP policy LCP-6-P.3
This existing policy repeats the requirements
specified in HMP Section D.7-13. The HMP is part of
the LCP and it is redundant and unnecessary to
repeat the provisions of the HMP within the LCP
LUP.
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POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS
…
3-8.9 Assessor’s Parcel No. 215-050-22 (Sudduth)
Development shall be limited to a maximum of 25% of the property, not including
Poinsettia Lane construction, and shall be clustered on the western portion of the
property. No impacts to coast oak woodland, riparian areas or wetlands except for
Poinsettia Lane extension. A wildlife corridor linkage oriented generally north-south
shall be provided on the eastern portion of the property, include the onsite coast oak
woodland area, and be designed to connect to neighboring properties with existing or
potential wildlife corridor linkages. Impacts to native habitat shall require onsite
mitigation through restoration and/or creation of habitat within the designated
corridor linkage, in addition to any other required mitigation.
3-8.10 Assessor’s Parcel No. 215-050-44, 45, 46, 47 (Kevane)
Development shall be limited to a maximum of 25% of the property, and shall be
clustered on the western portion of the property. No impacts to coast oak woodland,
riparian areas or wetlands shall be allowed. A wildlife corridor linkage oriented
generally north-south shall be provided on the eastern portion of the property,
include the onsite coast oak woodland area, and be designed to connect to
neighboring properties with existing or potential wildlife corridor linkages. Impacts to
native habitat shall require onsite mitigation through restoration and/or creation of
habitat within the designated corridor linkage, in addition to any other required
mitigation.
3-8.11 Assessor’s Parcel No. 215-050-12 (Reiter)
Development shall be limited to a maximum of 25% of the property, and shall be
clustered on the western portion of the property. No impacts to coast oak woodland,
riparian areas or wetlands shall be allowed A wildlife corridor linkage oriented
generally north-south shall be provided on the eastern portion of the property, include
the onsite coast oak woodland area, and be designed to connect to neighboring
properties with existing or potential wildlife corridor linkages. Impacts to native
habitat shall require onsite mitigation through restoration and/or creation of habitat
within the designated corridor linkage, in addition to any other required mitigation.
This policy is proposed to be replaced with the
draft LCP policy LCP-6-P.3
This existing policy repeats the requirements
specified in HMP Section D.7-13. The HMP is part
of the LCP and it is redundant and unnecessary to
repeat the provisions of the HMP within the LCP
LUP.
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POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS
…
3-8.12 Assessor’s Parcel No. 215-050-73 (Levatino)
Maximum 25% development clustered on the southern portion of the property. Buffer widths
may be reduced and/or additional impacts may be allowed to the extent necessary to obtain site
access, and/or to accommodate Circulation Road improvements identified in the certified LCP.
The parcel specific standards listed above are adopted because hardline preserve boundary lines were not
established at the time of preparation of the HMP. The purpose of the standards is to ensure that future
development is sited to preserve the maximum amount of ESHA within the coastal zone, and to establish
a viable habitat corridor and preserve area in Zones 20 and 21. If the City, with the concurrence of the
wildlife agencies and the Coastal Commission through an LCP amendment, subsequently approves a
hardline preserve boundary for any of the above-described properties as part of the HMP, then the onsite
preservation included in the hardline preserve boundary shall apply.
This policy is proposed to be replaced
with the draft LCP policy LCP-6-P.3
This existing policy repeats the
requirements specified in HMP Section
D.7-13. The HMP is part of the LCP and
it is redundant and unnecessary to
repeat the provisions of the HMP
within the LCP LUP.
204
POLICY 4-1 – COASTAL EROSION
I.Development Along Shoreline
a.For all new development along the shoreline, including additions to existing development, a site-
specific geologic investigation and analysis similar to that required by the Coastal Commission's
Geologic Stability and Blufftop Guidelines shall be required; for permitted development, this report
must demonstrate bluff stability for 75 years, or the expected lifetime of the structure, whichever is
greater. Additionally, permitted development shall incorporate, where feasible, sub-drainage
systems to remove groundwater from the bluffs, and shall use drought-resistant vegetation in
landscaping, as well as adhering to the standards for erosion control contained in the City of
Carlsbad Drainage Master Plan. A waiver of public liability shall be required for any permitted
development for which an assurance of structural stability cannot be provided. All development
must include mitigation measures for the control of urban runoff flow rates and velocities, urban
pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading
Ordinance, Storm Water Ordinances, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP, dated April
2003 and as amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the
LCP by reference. Development must also comply with the requirements of the Jurisdictional
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the
extent that these requirements are not inconsistent with any policies of the LCP.
a. This policy is proposed to be
replaced with policies that
address the siting of new
development and redevelopment
located within a sea level rise
hazard zone (LCP-7-P.9 through
P.17) and geologic hazard policies
LCP-7-P.45, P.46 and P.47.
Regarding runoff and water
quality protection, see draft
policies LCP-6-P.15 and LCP-6-
P.16. Note that the SUSMP and
the San Diego County Hydrology
Manual have been replaced by
the city’s Engineering Standards
Volume’s 4 & 5 (construction and
post-construction BMPs).
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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205
POLICY 4-1 – COASTAL EROSION
I.Development Along Shoreline
b.Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c.Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d.Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e.Development projects should be designed to comply with the following site design
principles:
1.Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural undisturbed
condition.
3.Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4.Provide development-free buffer zones for natural water bodies.
b.Proposed to be replaced by draft policies
LCP-6-P.17 and LCP-6-P.18, which reflect
the California Coastal Commission Model
Water Quality Policies.
c.Proposed to be replaced by draft policies
LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality
Policies.
d. Proposed to be replaced by draft policies
LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality
Policies.
e. (1)(3). Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.19, which
reflect the California Coastal Commission
Model Water Quality Policies.
e. (2). This policy is related more to
protection of natural habitat. Draft LCP
policies LCP-6-P.1, LCP-6-P.2 and LCP-6-
P.3 address this. Clustering of
development is also referenced in the
HMP discussion section of draft LCP
Section 6.2.
e. (4). Buffers around wetlands are
addressed by draft LCP policies LCP-6-P.1,
LCP-6-P.2 and LCP-6-P.3, which require
compliance with the HMP.
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206
POLICY 4-1 – COASTAL EROSION
II.Development Along Shoreline
…
e.Development projects should be designed to comply with the following
site design principles:
…
5.Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and
redevelopment.
6.Where feasible implement site design/landscape features to slow
runoff and maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use of
roof or awning covers) to minimize the opportunity for toxic
compounds, oil and grease, heavy metals, nutrients, suspended
solids and other pollutants from entering the storm water
conveyance system.
8.Incorporate roof or awning covers over trash storage areas to
prevent off-site transport of trash and other pollutants from entering
the storm water conveyance system.
9.Limit disturbances of natural water bodies and natural drainage
systems caused by development including roads, highways and
bridges.
10.Design streets and circulation systems to reduce pollutants
associated with vehicles and traffic resulting from the development.
e. (5)(6). Proposed to be replaced by draft policy LCP-6-
P.19, which reflects the California Coastal
Commission Model Water Quality Policies.
e.(7)(8). These policies are proposed to be replaced
with draft LCP policy LCP-6-P.16 and require
compliance with the city’s BMP manuals (draft
policy LCP-6-P.15). Draft policy LCP-6-P.16 requires
development be designed to minimize transport of
pollutants; draft policy LCP-6-P.15 requires
compliance with SWPPP and BMP manuals, which
require protection of outdoor storage and trash
areas from rainfall, run-on, runoff, and wind.
e.(9). Proposed to be replaced by draft policies LCP-6-
P.19 and LCP-6-P.20, which reflect the California
Coastal Commission Model Water Quality Policies.
e.(10). Proposed to be replaced by draft policy LCP-6-
P.19 and require compliance with the city’s BMP
manual (draft policy LCP-6-P.15). Draft policy LCP-6-
P.19 requires development to minimize installation
of impervious surfaces; draft policy LCP-6-P.15
requires compliance with the city’s BMP manual,
which requires streets, sidewalks and parking lot
isles be designed to the minimum width necessary,
and to reduce or eliminate curb and gutters to allow
roadway runoff to drain to adjacent pervious areas.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-1 – COASTAL EROSION
I.Development Along Shoreline
…
f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit
a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g.Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version
of that publication, and designed to meet, infiltrate, filter or treat the runoff
produced from each storm event up to and including the 85th percentile 24-hour
storm event.
h.Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to
or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of “adjacent to” and “draining directly to” that are found in the
SUSMP.
i.The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
j.The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k.Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs
on disturbed areas as soon as feasible.
l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects
Discharging to Receiving Water within Environmentally Sensitive Areas” as defined in
Appendix I of the SUSMP, including being treated as a priority project if they create
more than 2,500 square feet of impermeable surface or increase the impermeable
surface on the property by more than 10%.
f. Proposed to be replaced by draft policies
LCP-6-P.18 and LCP-6-P.25, which reflect
the California Coastal Commission Model
Water Quality Policies. The SUSMP has
been replaced by the city’s BMP manuals.
g. Proposed to be replaced by draft policy
LCP-6-P.25, which reflects the California
Coastal Commission Model Water Quality
Policies. The SUSMP has been replaced by
the city’s BMP manuals.
h. The city’s BMP manuals, which have
replaced the SUSMP, refer to the city’s
MS4 permit for the list of priority projects.
Draft LCP Table 6-2 incorporates the list of
priority projects into the draft LCP. This
policy is proposed to be replaced with the
definition in draft LCP Table 6-2 (row 5),
which is consistent with current regional
requirements per the MS4 permit. Draft
LCP Table 6-2 is referenced in draft policy
LCP-6-P.25.
i. Proposed to be replaced by draft policy
LCP-6-P.22, which reflects the California
Coastal Commission Model Water Quality
Policies.
j. Proposed to be replaced by draft policy
LCP-6-P.29
k. Proposed to be replaced by draft policy
LCP-6-P.23, which reflects the California
Coastal Commission Model Water Quality
Policies.
l.Proposed to be replaced by draft LCP
Table 6-2 and draft policy LCP-6-P.25.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-1 – COASTAL EROSION
I.Development Along Shoreline
…
m.Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority requirements, they shall
meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing
that as the project is designed they are mitigating polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
n.Detached residential homes shall be required to use effective irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if
they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1.Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs found to be
ineffective. (This does not include removal of BMPs or categories of BMPs on
the basis that the City finds them to be infeasible or impractical.)
2.Addition of new development categories as Priority Projects.
3.Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4.Reduction in the area of impervious surfaces used to designate a specific
category of Priority Project.
p.Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of any
of the above listed changes. For any changes not included in the above list, the City
shall contact the Executive Director to determine whether an LCP amendment is
necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
m. Proposed to be replaced by draft policies
draft LCP Table 6-2 and draft policies LCP-
6-P.20, and LCP-6-P.25. See the
definition in draft Table 6-2 (row 5),
which is consistent with current regional
requirements per the MS4 permit (i.e.,
residential projects that increase
impervious area by 2500 sq ft or more,
and are within 200 feet of an ESA, and
discharge directly to an ESA, are PDPs).
n. This policy is proposed to be replaced
draft policy LCP-6-P.16 and require
compliance with the city’s BMP manuals
(draft policy LCP-6-P.15). Draft policy LCP-
6-P.16 requires development be designed
to minimize transport of pollutants; draft
policy LCP-6-P.15 requires compliance
with the city’s BMP manual, which
requires all development projects “to
select a landscape design and plant
palette that minimizes required resources
(irrigation, fertilizers and pesticides) and
pollutants generated from landscape
areas.”
o and p. Proposed to be replaced by draft
policy LCP-6-P.27. SUSMP is now
replaced by the city’s Engineering
Standards Volumes 4 and 5.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-1 COASTAL EROSION
…
II. Beach Sand Erosion
Pursue mitigation measures which address the causes of beach sand erosion; sand
dredging and use of the Longard Tube to reduce wave energy are two such
measures which have been suggested. The City should continue to participate in
the Regional Coastal Erosion Committee's studies of the causes and cures for
shoreline erosion.
II: This policy is proposed to be replaced with policies
that address city support of efforts to mitigate
impacts of sea level rise (LCP-7-P.32 through P.35)
210
POLICY 4-1 COASTAL EROSION
…
III. Shoreline Structures
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls,
and other such construction that alters natural shoreline processes shall be
permitted when required to serve coastal-dependent uses or to protect existing
structures or public beaches in danger from erosion, and when designed to
eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition
of coastal development permit approval, permitted shoreline structures may be
required to replenish the beach with imported sand. Provisions for the
maintenance of any permitted seawalls shall be included as a condition of project
approval.
Projects which create dredge spoils shall be required to deposit such spoils on the
beaches if the material is suitable for sand replenishment.
IV. Undevelopable Shoreline Features
No development shall be permitted on any sand or rock beach or on the face of any
ocean bluff, with the exception of accessways to provide public beach access and of
limited public recreation facilities.
III: This policy is proposed to be replaced with policies
that address shoreline protective devices (LCP-7-P.18
through P.26). Deposit of dredge spoils is addressed
by LCP-7-P.35.
IV: This policy is proposed to be replaced by LCP-7-P.11
and LCP-7-P.15.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-2 LANDSLIDES AND SLOPE INSTABILITY
The soils investigations now required as part of the land subdivision process are adequate to
identify with specificity areas of landslide and instability. However, these investigations will need
to be particularly thorough in those areas with La Jolla Group soils which have been identified for
potential future development.
Currently, soils investigations are only required for subdivisions. In the future, any development
proposed for areas known to be prone to landslide shall include a geologic investigation identifying
appropriate mitigation measures, and such geologic report shall be substantially as has been
required by the Coastal Commission's Geologic Stability and Blufftop Development Guidelines.
This policy is proposed to be replaced by
draft policy LCP-7-P.46.
212
POLICY 4-3 ACCELERATED SOIL EROSION
Areas West of I-5 and the Existing Paseo del Norte and Along El Camino Real Upstream of Existing
Storm Drains
For areas west of the existing Paseo del Norte, west of I-5 and along El Camino Real
immediately upstream of the existing storm drains, the following policy shall apply:
a.All development must include mitigation measures for the control of urban runoff rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
additional requirements contained herein. The SUSMP dated April 2003 and as
amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the
LCP by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any
policies of the LCP. Such mitigation shall become an element of the project, and shall be
installed prior to the initial grading. At a minimum, such mitigation shall require
construction of all improvements shown in the City of Carlsbad Drainage Master Plan and
amendments thereto between the project site and the lagoon (including the debris
basin), as well as: revegetation of graded areas immediately after grading; and a
mechanism for permanent maintenance if the City declines to accept the responsibility.
Construction of drainage improvements may be through formation of an assessment
district, or through any similar arrangement that allots costs among the various
landowners in an equitable manner.
a. Proposed to be replaced by draft policies
LCP-6-P.15 and LCP-6-P.16. Note that the
SUSMP and the San Diego County
Hydrology Manual have been replaced by
the city’s Engineering Standards Volume’s
4 & 5 (construction and post-construction
BMPs).
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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213
POLICY 4-3 ACCELERATED SOIL EROSION
Areas West of I-5 and the Existing Paseo del Norte and Along El Camino Real Upstream of
Existing Storm Drains
…
b.Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMPs) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c.Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4)
shall be utilized.
d.Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which have
not been reduced to the maximum extent practicable.
e.Development projects should be designed to comply with the following site design
principles:
1.Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3.Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
a. Proposed to be replaced by draft policies LCP-6-
P.15 and LCP-6-P.16. Note that the SUSMP and
the San Diego County Hydrology Manual have
been replaced by the city’s Engineering
Standards Volume’s 4 & 5 (construction and
post-construction BMPs).
b.Proposed to be replaced by draft policies
LCP-6-P.17 and LCP-6-P.18, which reflect the
California Coastal Commission Model Water
Quality Policies.
c.Proposed to be replaced by draft policies
LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality Policies.
d. Proposed to be replaced by draft policies
LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality Policies.
e.(1)(3). Proposed to be replaced by draft policies
LCP-6-P.17 and LCP-6-P.19, which reflect the
California Coastal Commission Model Water
Quality Policies.
e.(2). This policy is related more to protection of
natural habitat. Draft LCP policies LCP-6-P.1,
LCP-6-P.2 and LCP-6-P.3 address this.
Clustering of development is also referenced
in the HMP discussion section of draft LCP
Section 6.2.
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214
POLICY 4-3 ACCELERATED SOIL EROSION
…
e.Development projects should be designed to comply with the following
site design principles:
…
4.Provide development-free buffer zones for natural water bodies.
5.Minimize the amount of impervious surfaces and directly
connected impervious surfaces in areas of new development and
redevelopment.
6.Where feasible implement site design/landscape features to slow
runoff and maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use
of roof or awning covers) to minimize the opportunity for toxic
compounds, oil and grease, heavy metals, nutrients, suspended
solids and other pollutants from entering the storm water
conveyance system.
8.Incorporate roof or awning covers over trash storage areas to
prevent offsite transport of trash and other pollutants from
entering the storm water conveyance system.
9.Limit disturbances of natural water bodies and natural drainage
systems caused by development including roads, highways and
bridges.
10.Design streets and circulation systems to reduce pollutants
associated with vehicles and traffic resulting from development.
f.Priority projects identified in the SUSMP will incorporate structural
BMPs and submit a Water Quality Technical Report as specified in the
NPDES permit and in the SUSMP.
e.(4). Buffers around wetlands are addressed by draft LCP
policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which
require compliance with the HMP.
e.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19,
which reflects the California Coastal Commission Model
Water Quality Policies.
e.(7)(8). These policies are proposed to be replaced with
draft LCP policy LCP-6-P.16 and require compliance with
the city’s BMP manuals (draft policy LCP-6-P.15). Draft
policy LCP-6-P.16 requires development be designed to
minimize transport of pollutants; draft policy LCP-6-
P.15 requires compliance with SWPPP and BMP
manuals, which require protection of outdoor storage
and trash areas from rainfall, run-on, runoff, and wind.
e.(9). Proposed to be replaced by draft policies LCP-6-P.19
and LCP-6-P.20, which reflect the California Coastal
Commission Model Water Quality Policies.
e.(10). Proposed to be replaced by draft policy LCP-6-P.19
and require compliance with the city’s BMP manual
(draft policy LCP-6-P.15). Draft policy LCP-6-P.19
requires development to minimize installation of
impervious surfaces; draft policy LCP-6-P.15 requires
compliance with the city’s BMP manual, which requires
streets, sidewalks and parking lot isles be designed to
the minimum width necessary, and to reduce or
eliminate curb and gutters to allow roadway runoff to
drain to adjacent pervious areas.
f. Proposed to be replaced by draft policies LCP-6-P.18 and
LCP-6-P.25, which reflect the California Coastal
Commission Model Water Quality Policies. The SUSMP
has been replaced by the city’s BMP manuals.
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…
g.Structural BMPs used to meet SUSMP requirements for priority projects shall
be based on the California Stormwater Quality Association (CASQA) Stormwater
Best Management Practice (BMP) Handbook, dated January 2003 or the current
version of that publication, and designed to meet, infiltrate, filter or treat
runoff produced from each storm event up to and including the 85th percentile
24-hour storm event.
h.Priority projects will include projects increasing impervious area by more than
2,500 square feet or by more than 10% of existing impervious area, that are in,
adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified
in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP)
dated April 2003, using the definitions of “adjacent to” and “draining directly
to” that are found in the SUSMP.
i.The City shall include requirements in all coastal development permit approvals
to inspect and maintain required BMPs for the life of the project.
j.The City will encourage and support public outreach and education regarding
the potential water quality impacts of development.
k.Development shall minimize land disturbance activities during construction
(e.g., clearing, grading and cut-and-fill), especially in erosive areas (including
steep slopes, unstable areas and erosive soils), to minimize impacts on water
quality of excessive erosion and sedimentation. Development shall incorporate
soil stabilization BMPs on disturbed areas as soon as feasible.
l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas” as
defined in Appendix I of the SUSMP, including being treated as a priority project
if they create more than 2,500 square feet of impermeable surface or increase
the impermeable surface on the property by more than 10%.
g. Proposed to be replaced by draft policy LCP-6-
P.25, which reflects the California Coastal
Commission Model Water Quality Policies. The
SUSMP has been replaced by the city’s BMP
manuals.
h. The city’s BMP manuals, which have replaced the
SUSMP, refer to the city’s MS4 permit for the list
of priority projects. Draft LCP Table 6-2
incorporates the list of priority projects into the
draft LCP. This policy is proposed to be replaced
with the definition in draft LCP Table 6-2 (row 5),
which is consistent with current regional
requirements per the MS4 permit. Draft LCP Table
6-2 is referenced in draft policy LCP-6-P.25.
i. Proposed to be replaced by draft policy LCP-6-
P.22, which reflects the California Coastal
Commission Model Water Quality Policies.
j. Proposed to be replaced by draft policy LCP-6-
P.29
k. Proposed to be replaced by draft policy LCP-6-
P.23, which reflects the California Coastal
Commission Model Water Quality Policies.
l.Proposed to be replaced by draft LCP Table 6-2 and
draft policy LCP-6-P.25.
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m.Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical
sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n.Detached residential homes shall be required to use efficient irrigation systems
and landscape designs or other methods to minimize or eliminate dry weather
flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1.Addition of new Best Management Practices (BMP) found to be more
protective of water quality than current BMPs or removal of BMPs found to
be ineffective. (This does not include removal of BMPs or categories of BMPs
on the basis that the City finds them to be infeasible or impracticable.)
2.Addition of new development categories as Priority Projects.
3.Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4.Reduction in the area of impervious surfaces used to designate a specific
category of Priority Project.
p.Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality.
The City Engineer or Planning Director shall notify the Executive Director in
writing of any of the above listed changes. For any changes not included in the
above list, the City shall contact the Executive Director to determine whether an
LCP amendment is necessary, and if necessary, shall subsequently apply for an
LCP amendment for the changes.
m. Proposed to be replaced by draft policies draft
LCP Table 6-2 and draft policies LCP-6-P.20, and
LCP-6-P.25. See the definition in draft Table 6-
2 (row 5), which is consistent with current
regional requirements per the MS4 permit (i.e.,
residential projects that increase impervious
area by 2500 sq ft or more, and are within 200
feet of an ESA, and discharge directly to an ESA,
are PDPs).
n. This policy is proposed to be replaced draft
policy LCP-6-P.16 and require compliance with
the city’s BMP manuals (draft policy LCP-6-
P.15). Draft policy LCP-6-P.16 requires
development be designed to minimize transport
of pollutants; draft policy LCP-6-P.15 requires
compliance with the city’s BMP manual, which
requires all development projects “to select a
landscape design and plant palette that
minimizes required resources (irrigation,
fertilizers and pesticides) and pollutants
generated from landscape areas.”
o and p. Proposed to be replaced by draft policy LCP-
6-P.27. SUSMP is now replaced by the city’s
Engineering Standards Volumes 4 and 5.
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(b)All Other Areas
This policy applies to all other areas except those subject to Policies 3-5 and 3-7 (a) above.
Any development proposal that affects steep slopes (25% inclination or greater) shall be required to
prepare a slope map and analysis for the affected slopes. Steep slopes are identified on the PRC Toup
maps. The slope mapping and analysis shall be prepared during the CEQA environmental review on a
project-by-project basis and shall be required as a condition of a coastal development permit.
(1)Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant Communities.
For those slopes mapped as possessing endangered plant/animal species and/or Coastal Sage Scrub
and Chaparral plant communities, Policies 3-1 and 3-8 and the following provisions would apply:
a)Slopes of 25% grade and over shall be preserved in their natural state, unless the application of
this policy would preclude any reasonable use of the property, in which case an encroachment
not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal
parcels, with all or nearly all of their area in slope area over 25% grade, encroachment may be
permitted; however, any such encroachment shall be limited so that at no time is more than 20%
of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural
state. This policy shall not apply to the construction of roads on the City's Circulation Element or
the development of utility systems. Uses of slopes over 25% may be made in order to provide
access to flatter areas if there is no less environmentally damaging alternative available.
b)No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots
that have their total area in excess of 25% slope unless a Planned Unit Development is proposed
which limits grading and development to not more than 10% of the total site area.
c)Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed
in a permanent open space easement as a condition of development approval. The purpose of
the open space easement shall be to reduce the potential for localized erosion and slide hazards,
to prohibit the removal of native vegetation except for permitted firebreaks and/or planting
other fire retardant native vegetation and to protect visual resources of importance to the entire
community.
(1)(2) These policies are
proposed to be replaced
with draft LCP policies LCP-6-
P.3, LCP-7-P.46 and LCP-7-
P.48 to 51. LCP-P-6.3
requires compliance with the
HMP; HMP section F
addresses erosion control
measures to protect habitat.
Policies LCP-7-P.46 and LCP-
7-P.48 to 51 address
development restrictions on
steep slopes.
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(b)All Other Areas
(1)Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant Communities.
...
d)The percentage of steep slope encroachment listed in (a) and (b) above may be modified only
for development consistent with the approved HMP and the resource habitat protection policies
including Policy 3 above, and approved as part of the City’s Incidental Take Permit pursuant to
the adopted HMP.
(2)All Other Steep Slope Areas:
For all other steep slope areas, the City Council may allow exceptions to the above grading provisions
provided the following mandatory findings to allow exceptions are made:
a)A soils investigation conducted by a licensed soils engineer has determined the subject slope
area to be stable and grading and development impacts mitigatable for at least 75 years, or life
of structure.
b)Grading of the slope is essential to the development intent and design.
c)Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or
native vegetation areas and is consistent with the habitat protection policies contained in
Policies 3-1 and 3-8.
d)If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10
acres, no more than one third of the total steep slope area shall be subject to major grade
changes.
e)If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres,
complete grading may be allowed only if no interruption of significant wildlife corridors occurs.
f)Because north-facing slopes are generally more prone to stability problems and in many cases
contain more extensive natural vegetation, no grading or removal of vegetation from these
areas will be permitted unless all environmental impacts have been mitigated. Overriding
circumstances are not considered adequate mitigation.
(1)(2) These policies are
proposed to be replaced with
draft LCP policies LCP-6-P.3,
LCP-7-P.46 and LCP-7-P.48 to
51. LCP-P-6.3 requires
compliance with the HMP;
HMP section F addresses
erosion control measures to
protect habitat. Policies LCP-
7-P.46 and LCP-7-P.48 to 51
address development
restrictions on steep slopes.
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POLICY 4-3 ACCELERATED SOIL EROSION
…
(b) All Other Areas
…
(3)Drainage and Erosion Control
a.All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City’s Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad
Drainage Master Plan, and the additional requirements contained herein. The
SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must
also comply with the requirements of the Jurisdictional Urban Runoff Management
Program (JURMP) and the San Diego County Hydrology Manual to the extent that
these requirements are not inconsistent with any policies of the LCP.
b.Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMPs) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c.Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4) shall
be utilized.
d.Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which have
not been reduced to the maximum extent practicable.
a. Proposed to be replaced by draft policies
LCP-6-P.15 and LCP-6-P.16. Note that the
SUSMP and the San Diego County
Hydrology Manual have been replaced by
the city’s Engineering Standards Volume’s
4 & 5 (construction and post-construction
BMPs).
b.Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.18,
which reflect the California Coastal
Commission Model Water Quality
Policies.
c.Proposed to be replaced by draft
policies LCP-6-P.18, LCP-6-P.19 and LCP-
6-P.25, which reflect the California
Coastal Commission Model Water
Quality Policies.
d. Proposed to be replaced by draft policies
LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25,
which reflect the California Coastal
Commission Model Water Quality
Policies.
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POLICY 4-3 ACCELERATED SOIL EROSION
…
(b) All Other Areas
…
(3)Drainage and Erosion Control
…
e.Development projects should be designed to comply with the following site design
principles:
1.Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3.Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4.Provide development-free buffer zones for natural water bodies.
5.Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6.Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8.Incorporate roof or awning covers over trash storage areas to prevent offsite
transport of trash and other pollutants from entering the storm water
conveyance system.
e.(1)(3). Proposed to be replaced by draft
policies LCP-6-P.17 and LCP-6-P.19,
which reflect the California Coastal
Commission Model Water Quality
Policies.
e.(2). This policy is related more to
protection of natural habitat. Draft LCP
policies LCP-6-P.1, LCP-6-P.2 and LCP-6-
P.3 address this. Clustering of
development is also referenced in the
HMP discussion section of draft LCP
Section 6.2.
e.(4). Buffers around wetlands are addressed
by draft LCP policies LCP-6-P.1, LCP-6-P.2
and LCP-6-P.3, which require compliance
with the HMP.
e.(5)(6). Proposed to be replaced by draft
policy LCP-6-P.19, which reflects the
California Coastal Commission Model
Water Quality Policies.
e.(7)(8). These policies are proposed to be
replaced with draft LCP policy LCP-6-
P.16 and require compliance with the
city’s BMP manuals (draft policy LCP-6-
P.15). Draft policy LCP-6-P.16 requires
development be designed to minimize
transport of pollutants; draft policy LCP-
6-P.15 requires compliance with SWPPP
and BMP manuals, which require
protection of outdoor storage and trash
areas from rainfall, run-on, runoff, and
wind.
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POLICY 4-3 ACCELERATED SOIL EROSION
…
(b) All Other Areas
…
(3)Drainage and Erosion Control
…
e.Development projects should be designed to comply with the following
site design principles:
…
9.Limit disturbances of natural water bodies and natural drainage
systems caused by development including roads, highways and
bridges.
10.Design streets and circulation systems to reduce pollutants
associated with vehicles and traffic resulting from development.
f.Priority projects identified in the SUSMP will incorporate structural BMPs
and submit a Water Quality Technical Report as specified in the NPDES
permit and in the SUSMP.
g.Structural BMPs used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA),
Stormwater Best Management Practice (BMPs) Handbook, dated January
2003 or the current version of that publication, and designed to meet,
infiltrate, filter or treat the runoff produced from each storm event up to
and including the 85th percentile 24-hour storm event.
e.(9). Proposed to be replaced by draft policies LCP-6-
P.19 and LCP-6-P.20, which reflect the California
Coastal Commission Model Water Quality Policies.
e.(10). Proposed to be replaced by draft policy LCP-6-
P.19 and require compliance with the city’s BMP
manual (draft policy LCP-6-P.15). Draft policy LCP-
6-P.19 requires development to minimize
installation of impervious surfaces; draft policy
LCP-6-P.15 requires compliance with the city’s
BMP manual, which requires streets, sidewalks
and parking lot isles be designed to the minimum
width necessary, and to reduce or eliminate curb
and gutters to allow roadway runoff to drain to
adjacent pervious areas.
f. Proposed to be replaced by draft policies LCP-6-
P.18 and LCP-6-P.25, which reflect the California
Coastal Commission Model Water Quality Policies.
The SUSMP has been replaced by the city’s BMP
manuals.
g.Proposed to be replaced by draft policy LCP-6-
P.25, which reflects the California Coastal
Commission Model Water Quality Policies. The
SUSMP has been replaced by the city’s BMP
manuals.
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POLICY 4-3 ACCELERATED SOIL EROSION
…
(b)All Other Areas
…
(3)Drainage and Erosion Control
…
h.Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area,
that are in, adjacent to or drain directly to Environmentally Sensitive Areas
(ESA), identified in the City of Carlsbad Standard Urban Storm Water
Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent
to” and “draining directly to” that are found in the SUSMP.
i.The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMPs for the life of the project.
j.The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
k.Development shall minimize land disturbance activities during construction
(e.g., clearing, grading and cut-and-fill), especially in erosive areas (including
steep slopes, unstable areas and erosive soils), to minimize impacts on
water quality of excessive erosion and sedimentation. Development shall
incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas” as
defined in Appendix I of the SUSMP, including being treated as a priority
project if they create more than 2,500 square feet of impermeable surface
or increase the impermeable surface on the property by more than 10%.
h.The city’s BMP manuals, which have replaced
the SUSMP, refer to the city’s MS4 permit for
the list of priority projects. Draft LCP Table 6-2
incorporates the list of priority projects into the
draft LCP. This policy is proposed to be
replaced with the definition in draft LCP Table
6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit.
Draft LCP Table 6-2 is referenced in draft policy
LCP-6-P.25.
i.Proposed to be replaced by draft policy LCP-6-
P.22, which reflects the California Coastal
Commission Model Water Quality Policies.
j.Proposed to be replaced by draft policy LCP-6-
P.29
k.Proposed to be replaced by draft policy LCP-6-
P.23, which reflects the California Coastal
Commission Model Water Quality Policies.
l.Proposed to be replaced by draft LCP Table 6-2
and draft policy LCP-6-P.25.
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POLICY 4-3 ACCELERATED SOIL EROSION
…
(b) All Other Areas
…
(3)Drainage and Erosion Control
…
m.Although, residential developments of less than 10 units, including single family residences,
are generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within
200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a
written report signed by a licensed civil engineer showing that as the project is designed they
are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n.Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200
feet of an ESA, coastal bluff or rocky intertidal areas.
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
1.Addition of new Best Management Practices (BMPs) found to be more protective of water
quality than current BMPs or removal of BMPs found to be ineffective. (This does not
include removal of BMPs or categories of BMPs on the basis that the City finds them to be
infeasible or impracticable.)
2.Addition of new development categories as Priority Projects.
3.Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4.Reductions in the area of impervious surfaces used to designate a specific category of
Priority Project.
p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply
for an LCP amendment for the changes.
m. Proposed to be replaced by draft
policies draft LCP Table 6-2 and draft
policies LCP-6-P.20, and LCP-6-P.25.
See the definition in draft Table 6-2 (row
5), which is consistent with current
regional requirements per the MS4
permit (i.e., residential projects that
increase impervious area by 2500 sq ft
or more, and are within 200 feet of an
ESA, and discharge directly to an ESA,
are PDPs).
n. This policy is proposed to be replaced
draft policy LCP-6-P.16 and require
compliance with the city’s BMP manuals
(draft policy LCP-6-P.15). Draft policy
LCP-6-P.16 requires development be
designed to minimize transport of
pollutants; draft policy LCP-6-P.15
requires compliance with the city’s BMP
manual, which requires all development
projects “to select a landscape design
and plant palette that minimizes
required resources (irrigation, fertilizers
and pesticides) and pollutants
generated from landscape areas.”
o and p. Proposed to be replaced by draft
policy LCP-6-P.27. SUSMP is now
replaced by the city’s Engineering
Standards Volumes 4 and 5.
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POLICY 4-3 ACCELERATED SOIL EROSION
…
(b)All Other Areas
…
(4)Required Drainage or Erosion Control Facility Maintenance Arrangements:
Development approvals shall include detailed maintenance arrangements for
providing the ongoing repair and maintenance for all approved drainage or
erosion-control facilities.
(5)Installation & Timing of Permanent Runoff and Erosion Control Devices:
All permanent runoff-control and erosion-control devices shall be developed
and installed prior to or concurrent with any onsite grading activities.
(6)Required Open Space Easements on Undeveloped Slopes:
All undevelopable slopes shall be placed in open space easements as a
condition of development approval.
(4)(5) Now addressed by draft policies LCP-P.22 and
LCP-6-P.23, which are consistent with California
Coastal Commission Model Water Quality
Policies.
(6)Proposed to be replaced by draft policy LCP-7-
P.49.C.
225
POLICY 4-4 REMOVAL OF NATURAL VEGETATION
When earth changes are required and natural vegetation is removed, the area and
duration of exposure shall be kept at a minimum.
The purpose of this existing policy is to minimize
erosion during construction/grading (earth changes).
Consistent with California Coastal Commission Water
Quality Model Policies, draft policy LCP-6-P.23
addresses water quality impacts during construction.
Draft policy LCP-6-P.15 requires compliance with
Engineering Standards, which require construction
BMPs that minimize erosion and water quality impacts.
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POLICY 4-5 SOIL EROSION CONTROL PRACTICES
a.Soil erosion control practices shall be used against “onsite” soil erosion. These
include keeping soil covered with temporary or permanent vegetation or with
mulch materials, special grading procedures, diversion structures to divert
surface runoff from exposed soils, and grade stabilization structures to control
surface water. All development must include mitigation measures for the
control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City’s Grading
Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation
Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional
requirements contained herein. The SUSMP, dated April 2003 and as amended,
and the City of Carlsbad Drainage Master Plan are hereby incorporated into the
LCP by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego
County Hydrology Manual to the extent that these requirements are not
inconsistent with any policies of the LCP.
b.Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMPs) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c.Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and
treatment. Small collection strategies located at, or as close as possible to, the
source (i.e., the point where water initially meets the ground) to minimize the
transport of urban runoff and pollutants offsite and into a municipal separate
storm sewer system (MS4) shall be utilized.
d.Post-development runoff from a site shall not contain pollutant loads which
cause or contribute to an exceedance of receiving water quality objectives or
which have not been reduced to the maximum extent practicable.
a. Proposed to be replaced by draft policies LCP-6-P.15 and
LCP-6-P.16. Note that the SUSMP and the San Diego
County Hydrology Manual have been replaced by the
city’s Engineering Standards Volume’s 4 & 5
(construction and post-construction BMPs).
b.Proposed to be replaced by draft policies LCP-6-P.17 and
LCP-6-P.18, which reflect the California Coastal
Commission Model Water Quality Policies.
c.Proposed to be replaced by draft policies LCP-6-P.18,
LCP-6-P.19 and LCP-6-P.25, which reflect the California
Coastal Commission Model Water Quality Policies.
d. Proposed to be replaced by draft policies LCP-6-P.16,
LCP-6-P.18 and LCP-6-P.25, which reflect the California
Coastal Commission Model Water Quality Policies.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
ATTACHMENT 4 – Page 136
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EXISTING LCP POLICIES
MELLO II SEGMENT
227
POLICY 4-5 SOIL EROSION CONTROL PRACTICES
…
e.Development projects should be designed to comply with the following site design
principles:
1.Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3.Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4.Provide development-free buffer zones for natural water bodies.
5.Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6.Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8.Incorporate roof or awning covers over trash storage areas to prevent offsite
transport of trash and other pollutants from entering the storm water
conveyance system.
9.Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10.Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
e.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and
LCP-6-P.19, which reflect the California Coastal Commission
Model Water Quality Policies.
e.(2). This policy is related more to protection of natural habitat.
Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3
address this. Clustering of development is also referenced
in the HMP discussion section of draft LCP Section 6.2.
e.(4). Buffers around wetlands are addressed by draft LCP
policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require
compliance with the HMP.
e.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19,
which reflects the California Coastal Commission Model
Water Quality Policies.
e.(7)(8). These policies are proposed to be replaced with draft LCP
policy LCP-6-P.16 and require compliance with the city’s
BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-
P.16 requires development be designed to minimize
transport of pollutants; draft policy LCP-6-P.15 requires
compliance with SWPPP and BMP manuals, which require
protection of outdoor storage and trash areas from rainfall,
run-on, runoff, and wind.
e.(9). Proposed to be replaced by draft policies LCP-6-P.19 and
LCP-6-P.20, which reflect the California Coastal Commission
Model Water Quality Policies.
e.(10). Proposed to be replaced by draft policy LCP-6-P.19 and
require compliance with the city’s BMP manual (draft policy
LCP-6-P.15). Draft policy LCP-6-P.19 requires development
to minimize installation of impervious surfaces; draft policy
LCP-6-P.15 requires compliance with the city’s BMP manual,
which requires streets, sidewalks and parking lot isles be
designed to the minimum width necessary, and to reduce or
eliminate curb and gutters to allow roadway runoff to drain
to adjacent pervious areas.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-5 SOIL EROSION CONTROL PRACTICES
…
f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA), Stormwater Best
Management Practice (BMPs) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced
from each storm event up to and including the 85th percentile 24-hour storm event.
h.Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad
Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the
definitions of “adjacent to” and “draining directly to” that are found in the SUSMP.
i.The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
j.The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k.Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of
the SUSMP, including being treated as a priority project if they create more than 2,500
square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
f. Proposed to be replaced by draft policies LCP-6-
P.18 and LCP-6-P.25, which reflect the California
Coastal Commission Model Water Quality
Policies. The SUSMP has been replaced by the
city’s BMP manuals.
g. Proposed to be replaced by draft policy LCP-6-
P.25, which reflects the California Coastal
Commission Model Water Quality Policies. The
SUSMP has been replaced by the city’s BMP
manuals.
h. The city’s BMP manuals, which have replaced
the SUSMP, refer to the city’s MS4 permit for
the list of priority projects. Draft LCP Table 6-2
incorporates the list of priority projects into the
draft LCP. This policy is proposed to be
replaced with the definition in draft LCP Table
6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit.
Draft LCP Table 6-2 is referenced in draft policy
LCP-6-P.25.
i. Proposed to be replaced by draft policy LCP-6-
P.22, which reflects the California Coastal
Commission Model Water Quality Policies.
j. Proposed to be replaced by draft policy LCP-6-
P.29
k. Proposed to be replaced by draft policy LCP-6-
P.23, which reflects the California Coastal
Commission Model Water Quality Policies.
l. Proposed to be replaced by draft LCP Table 6-2
and draft policy LCP-6-P.25.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-5 SOIL EROSION CONTROL PRACTICES
…
m.Although, residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard,
if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n.Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards
dated April 2003 without an LCP amendment:
1.Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This
does not include removal of BMPs or categories of BMPs on the basis that the City
finds them to be infeasible or impracticable.)
2.Addition of new development categories as Priority Projects.
3.Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4.Reductions in the area of impervious surfaces used to designate a specific category
of Priority Project.
p.Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City
Engineer or Planning Director shall notify the Executive Director in writing of any of the
above listed changes. For any changes not included in the above list, the City shall
contact the Executive Director to determine whether an LCP amendment is necessary,
and if necessary, shall subsequently apply for an LCP amendment for the changes.
m. Proposed to be replaced by draft policies draft
LCP Table 6-2 and draft policies LCP-6-P.20, and
LCP-6-P.25. See the definition in draft Table 6-
2 (row 5), which is consistent with current
regional requirements per the MS4 permit (i.e.,
residential projects that increase impervious
area by 2500 sq ft or more, and are within 200
feet of an ESA, and discharge directly to an ESA,
are PDPs).
n. This policy is proposed to be replaced draft
policy LCP-6-P.16 and require compliance with
the city’s BMP manuals (draft policy LCP-6-P.15).
Draft policy LCP-6-P.16 requires development be
designed to minimize transport of pollutants;
draft policy LCP-6-P.15 requires compliance with
the city’s BMP manual, which requires all
development projects “to select a landscape
design and plant palette that minimizes required
resources (irrigation, fertilizers and pesticides)
and pollutants generated from landscape areas.”
o and p. Proposed to be replaced by draft policy LCP-
6-P.27. SUSMP is now replaced by the city’s
Engineering Standards Volumes 4 and 5.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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230
POLICY 4-6 – SEDIMENT CONTROL PRACTICES
a.Apply “sediment control” practices as a perimeter protection to prevent offsite
drainage. Preventing sediment from leaving the site should be accomplished by
such methods as diversion ditches, sediment traps, vegetative filters, and
sediment basins. Preventing erosion is of course the most efficient way to
control sediment runoff. All development must include mitigation measures
for the control of urban runoff flow rates and velocities, urban pollutants,
erosion and sedimentation in accordance with the requirements of the City’s
Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
following additional requirements. The SUSMP, dated April 2003 and as
amended, and the City of Carlsbad Drainage Master Plan are hereby
incorporated into the LCP by reference. Development must also comply with
the requirements of the Jurisdictional Urban Runoff Management Program
(JURMP) and the San Diego County Hydrology Manual to the extent that these
requirements are not inconsistent with any policies of the LCP.
b.Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural
and non-structural best management practices (BMPs) to mitigate the
projected increases in pollutant loads and minimize any increases in peak
runoff rate.
c.Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and
treatment. Small collection strategies located at, or as close as possible to, the
source (i.e., the point where water initially meets the ground) to minimize the
transport of urban runoff and pollutants offsite and into a municipal separate
storm sewer system (MS4) shall be utilized.
d.Post-development runoff from a site shall not contain pollutant loads which
cause or contribute to an exceedance of receiving water quality objectives or
which have not been reduced to the maximum extent practicable.
a. Proposed to be replaced by draft policies LCP-6-P.15 and
LCP-6-P.16. Note that the SUSMP and the San Diego
County Hydrology Manual have been replaced by the
city’s Engineering Standards Volume’s 4 & 5 (construction
and post-construction BMPs).
b.Proposed to be replaced by draft policies LCP-6-P.17 and
LCP-6-P.18, which reflect the California Coastal
Commission Model Water Quality Policies.
c.Proposed to be replaced by draft policies LCP-6-P.18,
LCP-6-P.19 and LCP-6-P.25, which reflect the California
Coastal Commission Model Water Quality Policies.
d. Proposed to be replaced by draft policies LCP-6-P.16,
LCP-6-P.18 and LCP-6-P.25, which reflect the California
Coastal Commission Model Water Quality Policies.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-6 – SEDIMENT CONTROL PRACTICES
…
e.Development projects should be designed to comply with the following site
design principles:
1.Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
3.Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4.Provide development-free buffer zones for natural water bodies.
5.Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6.Where feasible implement site design/landscape features to slow runoff
and maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8.Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
9.Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
e.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17
and LCP-6-P.19, which reflect the California Coastal
Commission Model Water Quality Policies.
e.(2). This policy is related more to protection of natural
habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-
6-P.3 address this. Clustering of development is also
referenced in the HMP discussion section of draft LCP
Section 6.2.
e.(4). Buffers around wetlands are addressed by draft LCP
policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which
require compliance with the HMP.
e.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19,
which reflects the California Coastal Commission Model
Water Quality Policies.
e.(7)(8). These policies are proposed to be replaced with
draft LCP policy LCP-6-P.16 and require compliance with
the city’s BMP manuals (draft policy LCP-6-P.15). Draft
policy LCP-6-P.16 requires development be designed to
minimize transport of pollutants; draft policy LCP-6-P.15
requires compliance with SWPPP and BMP manuals,
which require protection of outdoor storage and trash
areas from rainfall, run-on, runoff, and wind.
e.(9). Proposed to be replaced by draft policies LCP-6-P.19
and LCP-6-P.20, which reflect the California Coastal
Commission Model Water Quality Policies.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-6 – SEDIMENT CONTROL PRACTICES
…
e.Development projects should be designed to comply with the following
site design principles:
…
10.Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
f.Priority projects identified in the SUSMP will incorporate structural BMPs
and submit a Water Quality Technical Report as specified in the NPDES
permit and in the SUSMP.
g.Structural BMPs used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice (BMP) Handbook, dated January
2003 or the current version of that publication, and designed to meet,
infiltrate, filter or treat the runoff produced from each storm event up to
and including the 85th percentile 24-hour storm event.
h.Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area,
that are in, adjacent to or drain directly to Environmentally Sensitive Areas
(ESA), identified in the City of Carlsbad Standard Urban Storm Water
Mitigation Plan (SUSMP) dated April 2003, using the definitions of
“adjacent to” and “draining directly to” that are found in the SUSMP.
i.The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMPs for the life of the project.
e.(10). Proposed to be replaced by draft policy LCP-6-P.19
and require compliance with the city’s BMP manual
(draft policy LCP-6-P.15). Draft policy LCP-6-P.19
requires development to minimize installation of
impervious surfaces; draft policy LCP-6-P.15 requires
compliance with the city’s BMP manual, which
requires streets, sidewalks and parking lot isles be
designed to the minimum width necessary, and to
reduce or eliminate curb and gutters to allow
roadway runoff to drain to adjacent pervious areas.
f. Proposed to be replaced by draft policies LCP-6-P.18
and LCP-6-P.25, which reflect the California Coastal
Commission Model Water Quality Policies. The SUSMP
has been replaced by the city’s BMP manuals.
g.Proposed to be replaced by draft policy LCP-6-P.25, which
reflects the California Coastal Commission Model Water
Quality Policies. The SUSMP has been replaced by the
city’s BMP manuals.
h.The city’s BMP manuals, which have replaced the SUSMP,
refer to the city’s MS4 permit for the list of priority
projects. Draft LCP Table 6-2 incorporates the list of
priority projects into the draft LCP. This policy is
proposed to be replaced with the definition in draft LCP
Table 6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit. Draft LCP
Table 6-2 is referenced in draft policy LCP-6-P.25.
i.Proposed to be replaced by draft policy LCP-6-P.22,
which reflects the California Coastal Commission Model
Water Quality Policies.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-6 – SEDIMENT CONTROL PRACTICES
…
j.The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
k.Development shall minimize land disturbance activities during construction
(e.g., clearing, grading and cut-and-fill), especially in erosive areas
(including steep slopes, unstable areas and erosive soils), to minimize
impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas
as soon as feasible.
l.Projects within 200 feet of the Pacific Ocean shall be dealt with as
“Projects Discharging Receiving Waters within Environmentally Sensitive
Areas” as defined in Appendix I of the SUSMP, including being treated as a
priority project if they create more than 2,500 square feet of impermeable
surface or increase the impermeable surface on the property by more than
10%.
m.Although residential developments of less than 10 units, including single
family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement
of the numerical sizing standard, if they are in, within 200 feet of, or
discharging directly to an ESA, including the Pacific Ocean; or shall provide
a written report signed by a licensed civil engineer showing that as the
project is designed they are mitigating polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
n.Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate
dry weather flow, if they are within 200 feet of an ESA, coastal bluff or
rocky intertidal areas.
j.Proposed to be replaced by draft policy LCP-6-P.29
k.Proposed to be replaced by draft policy LCP-6-P.23, which
reflects the California Coastal Commission Model Water
Quality Policies.
l.Proposed to be replaced by draft LCP Table 6-2 and draft
policy LCP-6-P.25.
m.Proposed to be replaced by draft policies draft LCP Table
6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See
the definition in draft Table 6-2 (row 5), which is
consistent with current regional requirements per the
MS4 permit (i.e., residential projects that increase
impervious area by 2500 sq ft or more, and are within
200 feet of an ESA, and discharge directly to an ESA, are
PDPs).
n.This policy is proposed to be replaced draft policy LCP-6-
P.16 and require compliance with the city’s BMP manuals
(draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires
development be designed to minimize transport of
pollutants; draft policy LCP-6-P.15 requires compliance
with the city’s BMP manual, which requires all
development projects “to select a landscape design and
plant palette that minimizes required resources (irrigation,
fertilizers and pesticides) and pollutants generated from
landscape areas.”
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-6 – SEDIMENT CONTROL PRACTICES
…
o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 within an LCP amendment:
1.Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs found
to be ineffective. (This does not include removal of BMPs or categories of
BMPs on the basis that the City finds them to be infeasible or
impracticable.)
2.Addition of new development categories as Priority Projects.
3.Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4.Reduction in the area of impervious surfaces used to designate a specific
category of Priority Projects.
[No “p”]
q.Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality.
The City Engineer or Planning Director shall notify the Executive Director in
writing of any of the above listed changes. For any changes not included in
the above list, the City shall contact the Executive Director to determine
whether an LCP amendment is necessary, and if necessary, shall subsequently
apply for an LCP amendment for the changes.
o and q. Proposed to be replaced by draft policy LCP-6-P.27.
SUSMP is now replaced by the city’s Engineering
Standards Volumes 4 and 5.
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POLICY 4-7 FLOOD HAZARDS
(a) Storm Drainage Facilities in Developed Areas
Storm drainage facilities in developed areas should be improved and enlarged
according to the City of Carlsbad Drainage Master Plan, incorporating the changes
recommended in the LCP.
(b) City's Grading Ordinance
The City's grading ordinance should be amended to greatly reduce the extent of onsite
and offsite erosion due to construction activities. (See policies under Soil Erosion.)
Although these are primarily erosion control measures, they will help to prevent
sedimentation in downstream drainage facilities.
(c) Storm Drainage Facilities in Undeveloped Areas
Drainage improvement districts shall be formed for presently undeveloped areas which
are expected to urbanize in the future. The improvement districts would serve to
implement the City of Carlsbad Drainage Master Plan. Upstream areas in the coastal
zone shall not be permitted to develop prior to installation of the storm drain facilities
downstream, in order to assure protection of coastal resources.
(d) Financing New Drainage Facilities
New drainage facilities, required within the improvement districts, should be financed
either by some form of bond or from fees collected from developers on a cost-per-acre
basis.
(e) 100-Year Floodplain
Development shall continue to be restricted in 100-year floodplain areas. Continuing
the policy of zoning 100-year floodplains as open space will permit natural drainage to
occur without the need for flood control channels. No permanent structures or filling
shall be permitted in the floodplain and only uses compatible with periodic flooding
shall be allowed.
(f) Drainage Master Plan
Adopt the provisions of the City of Carlsbad Drainage Master Plan to ameliorate flood
and drainage hazards within the planning area.
a), b) c), d), and f): This policy is outdated. See draft
policy LCP-7-P.38. Adequate drainage facilities (for
existing and undeveloped planned land uses per the
General Plan/LCP) are planned for all areas of
Carlsbad, per the drainage master plan. It is not
necessary to distinguish between developed and
undeveloped areas, require improvement districts or
address financing.
e): See draft policy LCP-7-P.41.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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POLICY 4-8 SEISMIC HAZARDS
The provisions of the State Uniform Building Code are not entirely adequate for
earthquake protection. The City should continue to monitor the UBCs
earthquake provisions and make recommendations for improvement.
Most development in liquefaction-prone areas should have site-specific
investigations done addressing the liquefaction problem and suggesting
mitigation measures. New residential development in excess of four units,
commercial, industrial, and public facilities shall have site-specific geologic
investigations completed in known potential liquefaction areas.
See draft policies LCP-7-P.46 and 54.
237
5.PUBLIC WORKS AND PUBLIC SERVICES CAPACITIES
POLICY 5-1 REGIONAL SEWAGE TRANSPORTATION SYSTEM
The planned improvements to the regional sewage transportation system
should be undertaken and completed. These improvements are necessitated
by development beyond the coastal zone.
This policy is outdated and not proposed as part of the draft LCP.
Sewage transportation improvements are provided concurrent
with development. The city’s sewer pipelines (inside and outside
of the Coastal Zone) are adequate to meet current demand for
sewage transportation.
238
POLICY 5-2 FUTURE SEWAGE TREATMENT
Future treatment demands can be met by the combined effects of enlarging
the Encina Water Pollution Control Facility and implementing the City of
Carlsbad Wastewater Reclamation Master Plan. The City must participate in
meeting growth demands beyond the coastal zone.
This policy is outdated and not proposed as part of the draft LCP.
The Encina Water Pollution Control Facility Phase V Expansion
was completed in 2009. The facility accommodates the ultimate
buildout demand for the Carlsbad sewer service area (inside and
outside the Coastal Zone) based on projections made in the City
of Carlsbad Sewer Master Plan.
239
POLICY 5-3 UNTREATED RECLAIMED WATER
Since current Regional Water Quality Control Board requirements may not
permit untreated reclaimed water for certain purposes, Carlsbad should
participate in the Phase IV expansion of Encina to assure capacity to meet
demand both in and out of the coastal zone.
This policy is outdated and not proposed as part of the draft LCP.
The City of Carlsbad has approximately 79 miles of recycled water
distribution pipeline. This distribution system currently supplies
more than 700 recycled points of connection. Recycled water is
supplied to city park, median strips, golf courses, shopping areas,
freeway landscaping, HOA common areas, Legoland, the Flower
Fields, Grand Pacific Palisades Hotel, and Karl Strauss Brewery.
240
POLICY 5-4 TEN PERCENT RESERVE SEWAGE CAPACITY FOR COASTAL
DEPENDENT RECREATION AND VISITOR-SERVING USES
The City of Carlsbad Sewer Allocation Plan which allocates limited capacity
from Encina should provide a 10% reserve capacity for coastal-dependent uses
that emphasize public and commercial recreation and visitor-serving facilities.
This policy is outdated and not proposed as part of the draft LCP.
Sewage capacity improvements are provided concurrent with
development. The city’s sewage capacity (inside and outside of
the Coastal Zone) is adequate to meet current demand for all
land uses, including coastal dependent and visitor-serving uses.
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POLICY 5-5 POINSETTIA LANE
Poinsettia Lane should be completed as a major arterial as indicated on the Local Coastal
Program map by 1995. It should also provide direct coastal access to Carlsbad Boulevard.
No assessment of agricultural lands shall be made to support this road extension.
This policy is proposed to be replaced with draft LCP
policy LCP-4-P.32.
242
6.RECREATION AND VISITOR-SERVING USES
POLICY 6-1 ADDITIONAL CITY PARKS
Additional City parks will be required in conjunction with new development. These parks
should be a minimum of five acres in order to accommodate a wide variety of both active
and passive uses. Locations of additional City parks are Altimira Park (12 acres) and North
La Costa Park (five acres); both are listed as proposed parks in the Parks and Recreation
Element of Carlsbad's General Plan.
This policy is proposed to be replaced with draft LCP
policy LCP-3-P.10.
243
POLICY 6-2 REGIONAL PARK
If the population of Carlsbad increases in accordance with SANDAG's projected Series V
Population Forecasts, it is estimated that Carlsbad will need to develop a new regional park
containing 200 to 300 acres in order to adequately serve the public. A location for a new
regional park must, therefore, be established. Consideration should be given to a facility
within the Aqua Hedionda Specific Plan Area, or adjacent lands. The Batiquitos Lagoon area
should also be considered.
This policy is outdated and proposed to be replaced
with draft LCP policy LCP-3-P.10. Per the city’s
Growth Management park standard, adequate park
acreage is planned to serve Carlsbad’s population.
244
POLICY 6-3 ENCINA FISHING AREA
The water related Encina fishing area located adjacent to the San Diego Gas and Electric
Company's power plant should be maintained for public use with no fees (See Exhibit 4.9)
(See Policy 7-7)
This policy is proposed to be replaced with draft LCP
policy LCP-3-P.8.
245
POLICY 6-4 NEED FOR ADDITIONAL OVERNIGHT CAMPING
Additional overnight camping facilities, the main source of lower cost visitor and
recreational facilities, are needed throughout the San Diego coastal region. Additional
facilities of this kind should be provided in a regional park within the Carlsbad area. This can
be accomplished in conjunction with an eventual Batiquitos Park, within the Aqua Hedionda
Specific Plan Area, and/or along with the development of private recreational facilities.
This policy is proposed to be replaced with draft LCP
policies LCP-3-P.14, 19 and 22.
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POLICY 6-5 NEED FOR 200 ADDITIONAL HOTEL-MOTEL ROOMS, AND VISITOR-SERVING
USES
Approximately 40 acres of additional visitor-serving (hotel-motel and restaurant) uses
should be established. Assuming a density of approximately ten hotel-motel rooms per
acre, the estimated need of 200 additional rooms can be achieved. Restaurants and other
visitor-serving facilities also need to be provided. Suggested locations are the intersections
of I-5 with Palomar Airport Road and/or Poinsettia Lane. Not all of this demand needs to be
met with land immediately within the coastal zone.
This policy is outdated and has been implemented; it
is not proposed as part of the draft LCP.
The need for 200 additional hotel rooms was
identified in 1980 with the city’s original LCP. In
1980, there were 312 hotel rooms in Carlsbad’s
Coastal Zone, and based on tourism growth
estimates at that time, an additional 200 rooms were
needed by 1995.
The city has 2,989 hotel rooms in the Coastal Zone,
plus 222 campsites.
Draft LCP policies LCP-P-3.15 to 21 are proposed to
address the provision of future visitor serving uses.
Section 3.3 of the draft LCP describes the future
demand for hotel rooms.
247
POLICY 6-6 ADDITIONAL VISITOR-SERVING FACILITIES AT ELM AVENUE AND CARLSBAD
BOULEVARD
Provision should be made for additional visitor-serving facilities, as well as retaining existing
visitor uses, at the western terminus of the Elm Avenue corridor in the coastal zone. (See
Exhibit 4.10).
This policy is outdated and has been implemented; it
is not proposed as part of the draft LCP.
Elm Avenue is now called Carlsbad Village Drive; the
western terminus of which has been fully developed
with visitor-serving uses (restaurants and hotels).
248
POLICY 6-7 SMALL BOAT LAUNCHING FACILITY AT SOUTH CARLSBAD STATE BEACH
The possibility of developing the southern portion of Carlsbad State Beach as a small boat
launching facility should be pursued to meet this water-related need.
This policy is proposed to be replaced with draft LCP
policies LCP-3-P.3 through LCP-3-P.7.
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POLICY 6-8 DEFINITION OF VISITOR-SERVING COMMERCIAL USES, AND EAST END
OF BUENA VISTA LAGOON
“Visitor-serving commercial uses” shall be defined to include hotels and motels,
recreational facilities, restaurants and bars, amusement parks, public parks,
horticultural gardens, farmers' markets, retail uses accessory to another use which is
the primary use of the site, and other accessory uses customarily catering to hotel
and motel guests. The May Co. properties located at the east end of Buena Vista
Lagoon (See Exhibit 4.5) will be designated for commercial, not visitor-serving
commercial uses.
The policy is not proposed as part of the draft LCP.
The draft LCP provides a description of the VC land use
designation and the zoning ordinance regulates and
specifies the types of uses allowed. The “May Co.
properties” are designated Regional Commercial on the LCP
land use map; that part of the policy has been implemented.
Draft LCP policy LCP-3-P.16 specifies that land suitable for
visitor-serving commercial uses shall be designated as VC on
the LCP land use map.
250
POLICY 6-9 PROPERTIES FRONTING CARLSBAD BOULEVARD ADJACENT TO AND
INCLUDING SOUTH CARLSBAD STATE BEACH
The South Carlsbad State Beach campground should be considered for conversion to
a day use beach and upland park if other adequate campground facilities can be
developed nearby.
Mixed use development (i.e., residential and recreational-commercial) shall be
permitted by right on properties fronting Carlsbad Boulevard across from South
Carlsbad State Beach (See Exhibit 4.9). This policy applies only where not in conflict
with the agricultural policies of the LCP.
The policy is not proposed as part of the draft LCP.
The campground is a source of existing lower cost visitor
accommodations. Draft LCP policies encourage expansion
of the campground, not conversion of it to beach/park land.
The provision for mixed use on property across from the
state beach is addressed by the LCP land use map and
policies in draft LCP Chapter 2; across from the south
Carlsbad State Beach, mixed use is only permitted in the GC
land use designation (Ponto area). There is no agriculture
fronting Carlsbad Boulevard.
251
POLICY 6.10 LOWER COST VISITOR-SERVING RECREATIONAL USES
Lower cost visitor and recreational facilities shall be protected, encouraged, and,
where feasible, provided.
Encourage a range of affordability for overnight visitor accommodations. Evaluate
the affordability of any new or redeveloped overnight visitor accommodations,
including amenities that reduce the cost of stay. Mitigation may be applied to
protect and encourage affordable overnight accommodations.
This policy is proposed to be replaced with draft LCP policies
LCP-3-P.14, LCP-3-P.18 and 19.
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7.SHORELINE ACCESS
POLICY 7-1 CYPRESS AVENUE AND OCEAN STREET AREA
Since there is a lack of adequate access in the northern portions of the planning area, an
additional access point shall be provided, of at least 10 feet in width. The site of this
accessway should be the vacant parcel located adjacent to the Army/Navy Academy at
Cypress Avenue (Del Mar Street), and dedication of an accessway shall be required as a
condition of development approval for this site. Such dedication shall be in the form of an
offer to the City of Carlsbad, State Coastal Conservancy or other appropriate public
agencies, irrevocable for a term of 21 years.
NOTE: This site is now developed. As a part of (CCC) development approval, coastal access
is open from to .
This policy is outdated and is not proposed as part of
the draft LCP. A privately maintained beach access
exists at Cypress and Ocean. Draft LCP policies LCP-
4-P.10, 16 and 17 address maintenance of
accessways.
253
POLICY 7-2 SHORELINE ACCESS SIGNAGE
The Coastal Conservancy and California State Department of Transportation (CALTRANS)
have undertaken a comprehensive program designed to provide appropriate signs
designating the shore access points. It is recommended that they identify the existing
access points in the Carlsbad coastal zone, and upon approval of the future sites of access it
is recommended that these also be identified with signs.
This policy is proposed to be replaced with draft LCP
policy LCP-4-P.16.
254
POLICY 7-3 ACCESS ALONG SHORELINE
The City will cooperate with the State to ensure that lateral beach access is protected and
enhanced to the maximum degree feasible, and will continue to formalize shoreline
prescriptive rights. Irrevocable offers of dedication for lateral accessways between the
mean high tide line and the base of the coastal bluffs, and vertical accessways where
applicable, shall be required in new development consistent with Section 30212 of the
California Coastal Act of 1976. There is evidence of historic public use adjacent to Buena
Vista Lagoon. Paths crisscross the area near the railroad tracks to the ocean shoreline.
Development shall provide access and protect such existing access consistent with the
needs to protect the habitat.
NOTE: See Exhibit 4.10
This policy is proposed to be replaced with draft LCP
policies LCP-4-P.3, 5, 6, 20, and 21.
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POLICY 7-4 CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD AREA
An additional access point on the South Carlsbad State Beach shall be provided at about the
intersection of Carlsbad Boulevard and Palomar Airport Road.
NOTE: See Exhibit 4.10
This policy is proposed to be replaced with draft LCP
policy LCP-4-P.12.
256
POLICY 7-5 ACCESS ON SOUTH CARLSBAD STATE BEACH
There is evidence of poorly-maintained and ill-defined walkways along much of the day use
portion of South Carlsbad State Beach. These existing access points shall be improved as
part of a State Parks and Recreation Master Plan for the Carlsbad State Beaches.
NOTE: See Exhibit 4.10
This policy is proposed to be replaced with draft LCP
policy LCP-4-P.12.
257
POLICY 7-6 BUENA VISTA LAGOON
An access trail shall be provided along the southern shoreline of Buena Vista Lagoon (See
Exhibit 4.10), to facilitate public awareness of the natural habitat resources of the lagoon.
To protect the sensitive resources of this area, access development shall be limited and
designed in consultation with the State Department of Fish and Game. In permitted
development of properties adjacent to the lagoon (See Exhibit 4.5), offers of dedication of
lateral accessways, irrevocable for a term of 21 years, shall be required to be provided to
the City of Carlsbad, State Coastal Conservancy, or other appropriate public agencies. Such
access dedications shall be of at least 25 feet in width upland from environmentally
sensitive areas and any required buffers thereto. In addition, the City of Carlsbad, State
Coastal Conservancy, and Wildlife Conservation Board shall seek to obtain lateral
accessways across developed lands.
This policy is proposed to be replaced with draft LCP
policies LCP-4-P.3, 7 and 14.
258
POLICY 7-7 ENCINA POWER PLANT SHORE AREA
It is recommended that the shore area owned by the San Diego Gas and Electric Company
(area near the Encina Power Plant) be dedicated to the State of California. This area is
already heavily used by beach goers and should be maintained by the State for properly
continued use.
NOTE: See Exhibit 4.9 and Policy 6-3.
This policy is proposed to be replaced with draft LCP
policy LCP-4-P.13.
Regarding existing Policy 7-7’s reference to
dedicating the property to the state, the parcel has
been dedicated/transferred to the City of Carlsbad
for public access and recreation use.
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POLICY 7-8 NORTH END OF OCEAN STREET
On the vacant parcel at the extreme north end of Ocean Street, when development is proposed
an irrevocable offer to dedicate the beach and lowland areas shall be required pursuant to
Section 30211 of the Coastal Act. Residential development shall be clustered on the highland
area and the bluff face shall not be altered. There shall be appropriate blufftop setback based
on geologic report taking into account the prominent location, shoreline instability and
significant habitat adjacent to the lagoon.
NOTE: This parcel is now developed.
This policy is outdated and is not proposed as
part of the draft LCP. The property is developed
consistent with this policy. The beach and
lowland areas are separate parcels that are
designated as open space.
260
POLICY 7-9 SOUTH CARLSBAD STATE BEACH: PARKING
Parking facilities are entirely inadequate in the vicinity of the South Carlsbad State Beach. To
remedy this problem, the 20-acre site (APN 210-09-7) located between Carlsbad Boulevard and
the railroad at the junction of Palomar Airport Road shall be developed for parking facilities of
approximately 1,500 spaces. When this facility becomes heavily utilized, jitney service should be
initiated between the parking area and designated points along Carlsbad Boulevard.
This policy is outdated and is not proposed as
part of the draft LCP. The objective to provide
more beach parking is addressed draft LCP
policies LCP-4-P.37 to 40.
261
POLICY 7-10 PARKING
Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the
future development of various land uses.
This policy is proposed to be replaced with draft
LCP policy LCP-4-P.39.
262
POLICY 7-11 STATE BEACH LANDS
Certain portions of underutilized state beach lands will provide a resource to develop future
recreational facilities and beach access points. These shall be developed as part of an overall
master plan for the Carlsbad beaches to be accomplished by the State of California Parks and
Recreation Department.
This policy is proposed to be replaced with draft
LCP policy LCP-3-P.12 and LCP-4-P.11 and 12.
263
POLICY 7-12 SEAWARD OF OCEAN STREET
New development on the seaward side of Ocean Street shall observe, at a minimum, an ocean
setback based on a "stringline" method of measurement. No enclosed portions of a structure
shall be permitted further seaward than the adjacent structure to the north and south; no decks
or other appurtenances shall be permitted further seaward than those on the adjacent
structures to the north and south. This policy shall be used on single-family, “infill” parcels, and
a greater ocean setback may be required for geologic reasons.
This policy is proposed to be replaced with draft
LCP policy LCP-7-P.14.
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POLICY 7-13 VISUAL ACCESS
Visual access over more than 80% of the Carlsbad coastline is unobstructed because
of public ownership. No future public improvements which would obstruct this
visual access shall be permitted.
This policy is proposed to be replaced with draft LCP policy
LCP-5-P.27.
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POLICY 7-14 VERTICAL SHORELINE ACCESSWAY WIDTH
It is recommended that vertical accessways to the beach generally be at least ten
feet in width.
This policy is proposed to be replaced with draft LCP policy
LCP-4-P.4.
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POLICY 7-15 SOUTH CARLSBAD STATE BEACH: CONVERSION TO A DAY USE
BEACH, AND VERTICAL ACCESS ON MacMAHON PROPERTY
As the demand for day beach use increases and as additional campground facilities
are provided within the Carlsbad area, the existing South Carlsbad State Beach
campground should be converted to a day use beach. The upland area would serve
as an ideal parking and picnicking area with stairway access to the beach below.
This designation shall be incorporated within future master planning efforts by the
State of California.
The California Commission-required offer of dedication for vertical access on the
MacMahon property, located approximately 700 feet north of Cedar Street, shall be
enforced as part of Coastal Development Permit F2875, unless the Attorney
General's Office resolves the matter through an alternative acceptable to the State
Coastal Commission.
This policy is outdated and not proposed as part of the draft
LCP. Converting the campground to a day use beach conflicts
with current Coastal Commission guidance on protection of
low-cost visitor accommodations.
Regarding enforcement of a Coastal Commission issued CDP
on the MacMahon property, it is not clear where that
property is. The offer of dedication is a Coastal Commission
condition of project approval and the city does not have
authority to enforce the Coastal Commission’s conditions of
approval.
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8.SCENIC AND VISUAL RESOURCES, HISTORIC RESOURCES
POLICY 8-1 SITE DEVELOPMENT REVIEW
The Scenic Preservation Overlay Zone should be applied where necessary
throughout the Carlsbad coastal zone to assure the maintenance of existing views
and panoramas. Sites considered for development should undergo individual
review to determine if the proposed development will obstruct views or otherwise
damage the visual beauty of the area. The Planning Commission should enforce
appropriate height limitations and see-through construction, as well as minimize
any alterations to topography.
This policy is not proposed as part of the draft LCP.
The Scenic Preservation (SP) Overlay Zone states that the city
can adopt standards or guidelines for areas where the
overlay zone is applied. The SP overlay zone has only been
used in relation to the El Camino Real Corridor Development
Standards (approved in 1984). The overlay zone has not been
used elsewhere in the Coastal Zone.
Draft LCP policies LCP-5-P.22 through 32 provide specific
guidance on protection of public views of scenic areas;
whereas the SP overlay zone does not provide any specific
guidance for the Coastal Zone.
As part of the Zoning Ordinance update, which will follow this
LCP update, the SP overlay zone will be updated to provide
standards to implement the proposed LCP scenic resource
policies.
268
POLICY 8-2 POTENTIALLY HISTORIC STRUCTURES
The City's historic structures which have the potential to meet criteria for inclusion
in the National Register of Historic Places appear to be economically
well-used at present. The sites with historic significance of "local
importance" also appear to be in active use. However, maintenance,
repair and use of these properties may require special attention. The
building code flexibility and tax benefits which may be available to
such properties need further study. The City of Carlsbad in
conjunction with individual property owners of historically significant
structures should determine which local and federal programs are
applicable and take advantage of them as appropriate.
This policy is proposed to be replaced with draft LCP policies
LCP-5-P.19, 20 and 21.
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POLICY 8-3 INFILL DEVELOPMENT DESIGN REVIEW
While the Scenic Preservation Overlay Zone can be used to enhance the character of new
development, the City of Carlsbad should adopt a policy whereby the unique characteristics
of older communities (especially the Elm Street corridor) can be protected through their
redevelopment scheme. This policy should reflect design standards which are in
accordance with the flavor of the existing neighborhood.
This policy is outdated and not proposed as part of
the draft LCP. Draft LCP Chapter 2 (land use)
contains policies that address development in unique
areas, such as the Village, Barrio, Ponto, and Cannon
Road OS/Agriculture.
270
POLICY 8-4 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
The environmental impact review process will determine where development will adversely
affect archaeological and paleontological resources. A site-specific review should also
determine the most appropriate methods for mitigating these effects. Most importantly,
the City of Carlsbad should require the implementation of these measures.
This policy is proposed to be replaced with LCP-5-
P.13 through LCP-5-P.18
271
POLICY 8-5 SIGNAGE
On-premise signs should be designed as an integral part of new development. In addition:
(A)Each business shall be entitled to one facade sign.
(B)Each shopping complex shall have only one directory sign not to exceed 15 feet in
height, including mounding.
(C)Monument sign` height including mounding shall not exceed 8 feet and shall apply
where three (3) or fewer commercial establishments exist on a parcel.
(D)Tall freestanding and roof signs shall not be allowed.
(E)Off-premise signs and billboards shall not be allowed.
(F)Current City regulations shall govern the number of square feet in each permitted sign.
This policy is proposed to be replaced with LCP-5-
P.25.
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A. Land Use Categories
The following are the proposed land use “Planning Areas,” each providing a brief
description. The "Planning Areas" correspond directly with the planning areas
approved with the Poinsettia Shores Master Plan. All development in these planning
areas are subject to the provisions of the Poinsettia Shores Master Plan as adopted by
the Carlsbad City Council and certified by the California Coastal Commission. No
development inconsistent with the Master Plan shall be permitted. The Planning Areas
identified below will replace the former planning areas established by the BLEP Master
Plan. See the attached map for the location of the Planning Areas described below.
This policy is not proposed as part of the draft LCP.
See comments below.
273
1.Planning Area A-1
Planning Area A-1 is located north of Avenida Encinas near the intersection of
Avenida Encinas and Windrose Circle. It has a gross area of 9.8 acres and a net
developable area of 8.4 acres. Planning Area A-1 has a land use designation of
RM and allows for the development of 41 single family detached residences (plus
any density bonus units as provided in the Poinsettia Shores Master Plan).
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
274
2.Planning Area A-2
Planning Area A-2 is located south of Avenida Encinas within the interior of the
circle formed by Windrose Circle. It has a gross area of 1.5 acres and a net
developable area of 11.0 acres. Planning Area A-2 has a land use designation of
RM and allows for the development of 50 single-family detached residences (plus
any density bonus units as provided in the Poinsettia Shores Master Plan).
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
275
3.Planning Area A-3
Planning Area A-3 is located west of Planning Area A-2, east of the railroad right-
of-way and adjacent to Avenida Encinas. It has a gross planning area of 10.2 acres
and a net developable area of 8.6 acres. Planning Area A-3 has a land use
designation of RM and allows for the development of 51 single-family detached
residences (plus any density bonus units as provided in the Poinsettia Shores
Master Plan).
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
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4.Planning Area A-4
Planning Area A-4 is located south of Planning Area A-3, east of the railroad right-
of-way and adjacent to Batiquitos Lagoon. It has a gross planning area of 14.7
acres and a net developable area of 14.7 acres. Planning Area A-4 has a land use
designation of RM and allows for the development of 62 single-family detached
residences (plus any density bonus units as provided in the Poinsettia Shores
Master Plan). Planning Area A-4 is a lagoon blufftop area which is subject to
special development standards to address visual impacts to the lagoon.
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
277
5.Planning Area B-1
Planning Area B-1 is located north of Avenida Encinas and south of Lakeshore
Gardens Mobile Home Park. It has a gross planning area of 20.9 acres and a net
developable area of 20.2 acres. Planning Area B-1 has a land use designation of
RM and allows for the development of 161 clustered single family detached
residences (plus any density bonus units as provided in the Poinsettia Shores
Master Plan).
The cluster single-family units are organized in groups of four air space ownership
units located on common property owned by the homeowners association.
These units will share in common a courtyard and private driveway leading to the
individual unit garage, front yard area and the area fronting the adjacent
street(s). Outdoor private use areas will also be provided for each home, within
the common property.
This product type provides many of the amenities found in standard single-family
residential design including: no common walls between units, private rear yards,
garages, and increased privacy. The shared common property and shared
driveway allow for clustered placement of the units around a central
driveway/courtyard. This effectively reduces the number of units requiring direct
street frontage and provides additional spacing between units across the drive.
This results in a street scene which exhibits only two units in a row spaced ten
feet apart in contrast to standard design practice under the Planned
Development Ordinance which allows an unlimited number of units spaced ten
feet apart with certain design criteria for single story elements.
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
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6.Planning Area B-2
Planning Area B-2 is located south of and adjacent to Windrose Circle in the
interior of Navigator Circle. Planning Area B-2 has a gross area of 2.9 acres with a
net developable area of 2.6 acres. This Planning Area has a land use designation
of RM and allows for the development of 16 clustered single-family detached
homes on common lots (plus any density bonus units as provided in the
Poinsettia Shores Master Plan). The cluster single-family product is discussed
above under Planning Area B-1.
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
279
7.Planning Area C
Planning Area C is located immediately east of Navigator Circle, to the northeast
of the previously developed single-family homes of Planning Area J and
immediately west of I-5. Planning Area C has a gross area of 11.2 acres and a net
developable area of 9.6 acres. Planning Area C has a land use designation of RM
and allows for the development of 70 multi-family dwelling units (plus any
density bonus units as provided in the Poinsettia Shores Master Plan). These may
include carriage-type units with garage space below portions of the living area in
each unit, located on property owned in common.
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
280
8.Planning Area D
Planning Area D is located immediately east of the AT&SF Railway right-of-way to
the south of Lakeshore Gardens Mobile Home Park. Planning Area D has a gross
area of 4.4 acres and a net developable area of 4.0 acres. Planning Area D is
designated as the Master Plan’s affordable housing site, unless an offsite location
is designated through h an Affordable Housing Agreement between the property
owner and the City per the provisions of Chapter VII of this Master Plan.
The Poinsettia Shores Master Plan requires that 90 affordable housing units be
provided either on-site within Village D or offsite as indicated in Chapter VII of the
Master Plan.
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
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9. Planning Area E
Planning Area E is located east of and adjacent to the AT&SF Railway right-of-way
and north of and adjacent to Avenida Encinas. Planning Area E has a gross area of
0.9 acres and a net developable area of 0.5 acres; it has a land use designation of
RM. This Planning Area is intended to provide recreational vehicle storage for the
Poinsettia Shores Master Plan residents.
Per the requirements of the Planned Development Ordinance, 20 square feet per
unit of recreational vehicle storage space shall be provided for all units. The
Poinsettia Shores Master Plan allows for 451 market rate dwelling units, plus an
additional 2 market rate units with the proposed density bonus for a total of 474
market rate units. The 90 affordable housing units are not included in this total
since the residents of these units would be less likely to own luxury recreation
vehicles. Therefore, the total requirement for the Master Plan is 9,840 square
feet of recreational vehicle parking (20 x 474 = 9,480). The proposed RV site is .5
net developable acres or 21,780 square feet in size. This will more than satisfy
the required minimum.
This RV storage area shall be operated and maintained by the Poinsettia Shores
Master Homeowners' Association. Recreational vehicle storage shall be available
by use of a paved access road prior to issuance of the first Certificate of
Occupancy for any residential unit in the Master Plan. If there is space available
within the RV storage area, nonresidents of the Master Plan may be allowed to
store their recreational vehicles in this area. The fees charged to these
nonresidents shall be used to pay for the maintenance of the RV storage area. As
the Poinsettia Shores Master Plan is developed, residents of the Master Plan area
shall have priority over nonresidents for storage space within the Recreational
Vehicle storage area.
This policy has been implemented; the site has been
developed consistent with the policy. This policy is
not proposed as part of the draft LCP.
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10.Planning Area F
Planning Area F is located at the far northwest corner of the Master Plan area
west of the AT&SF Railway right-of-way. This Planning Area has a gross area of 11
acres and a net developable area of 10.7 acres.
Planning Area F carries a Non-Residential Reserve (NRR) General Plan designation.
Planning Area F is an “unplanned” area, for which land uses will be determined at
a later date when more specific planning is carried out for areas west of the
railroad right-of-way. A future Major Master Plan Amendment will be required
prior to further development approvals for Planning Area F, and shall include an
LCP Amendment with associated environmental review, if determined necessary.
The intent of the NRR designation is not to limit the range of potential future uses
entirely to non-residential, however, since the City's current general plan does
not contain an “unplanned” designation, NRR was determined to be appropriate
at this time. In the future, if the Local Coastal Program Amendment has not been
processed, and the City develops an “unplanned” General Plan designation, then
this site would likely be redesignated as “unplanned.” Future uses could include,
but are not limited to: commercial, residential, office, and other uses, subject to
future review and approval.
As part of any future planning effort, the City and Developer must consider and
document the need for the provision of lower cost visitor accommodations or
recreational facilities (i.e. public park) on the west side of the railroad.
As part of the General Plan update, the Coastal
Commission approved residential and general
commercial land use designations on the LCP land
use map.
This policy is updated to be consistent with the land
use map designations and the Ponto Beachfront
Village Vision Plan. See draft LCP policy LCP-2-P.20.A
and B.
Regarding the need for lower cost visitor
accommodations or recreational facilities west of the
railroad, see staff report Attachment 5.
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11.Planning Area G
Planning Area G is located west of the AT&SF Railway right-of-way, east of
Carlsbad Boulevard, north of Planning Area H and south of the Avenida Encinas
extension. Planning Area G has a gross area of 8.4 acres and net developable
area of 7.8 acres.
Planning Area G has a land use designation of TS/C. All development in Planning
Area G shall conform to the standards of the C-T zone of the Carlsbad Municipal
Code, Chapter 21.29.
Hotel units will be managed and maintained by a hotel management group. This
area also allows for hotel units which are also permitted to be designed as
vacation time share units provided that a subdivision map is recorded and the
time share is processed under Section 21.42.010 of the Carlsbad Municipal Code.
Up to 220 hotel or vacation time share units shall be allowable within this
Planning Area. Each unit shall have the option to be designed with full kitchen
facilities. These units may be sold or leased on a daily or weekly basis. In this
event the facilities shall be maintained and managed by an independent
management entity which may or may not be affiliated with the hotel
management group.
…
As part of the General Plan update, the Coastal
Commission approved a VC land use designation for
planning areas G & H.
This policy is updated to be consistent with the land
use map designations and the Ponto Beachfront
Village Vision Plan. See draft LCP policy LCP-2-
P.20.C.
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11.Planning Area G
…
This Planning Area provides tourist-commercial services and, in particular, the hotel and
conference center. Uses within this area shall be primarily directed toward the needs of tourists
visiting the hotel, conference center and local scenic and recreation areas.
In addition to the hotel/time share units described above, this Planning Area permits, but is not
limited to the following uses: restaurants, bakeries, convenience retail, barber and beauty shops,
book and stationery stores, dry cleaning, laundry service for hotel, florist shops, small specialty
grocery stores, novelty and/or souvenir stores, travel agencies, confectionery stores and jewelry
stores. Other similar uses are also allowed upon approval of the Director of Planning.
A maximum of 220 hotel and/or time share units, private recreation facilities in conjunction with
the hotel and/or time share related uses as well as 58,600 square feet of commercial area.
A maximum of 58,600 square feet of tourist commercial floor area is permitted.
As part of the General Plan update,
the Coastal Commission approved a
VC land use designation for
planning areas G & H.
This policy is updated to be
consistent with the land use map
designations and the Ponto
Beachfront Village Vision Plan. See
draft LCP policy LCP-2-P.20.C.
285
12.Planning Area H
Planning Area H is located immediately east of Carlsbad Boulevard between the hotel to the north
and an open space area to the south. This Planning Area has a gross area of 3.7 acres and a net
developable area of 3.7 acres. Planning Area H is a lagoon blufftop area with a land use
designation of TS/C. This Planning Area is subject to special development standards which address
visual impacts to the lagoon.
Planning Area H will include a hotel and conference center with recreational facilities,
administrative offices, banquet facilities and accessory retail uses as approved by the Planning
Director. All development in Planning Area H shall conform to the standards of the C-T zone of the
Carlsbad Municipal Code, Chapter 21.29.
Permitted uses within Planning Area H are those commonly found with full service hotel facilities
to include, but not limited to, a conference center, swimming pool, tennis courts, health club,
dining facilities, and accessory retail uses provided for the convenience of hotel guests when
located within the hotel structure(s).
A maximum of a 150 executive suite hotel, a maximum of five tennis courts and a maximum of
120,000 square feet of commercial area which includes a 25,000 conference center is allowed
within this Planning Area.
See comments above.
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13.Planning Area I
Open Space Area I is located north of Batiquitos Lagoon, west of the AT&SF Railway right-of-way
and east of Carlsbad Boulevard at the southwest corner of the Master Plan area. Planning Area I
has a gross area of 11.9 acres. Planning Area I has a land use designation of OS.
Land within this planning area has been conveyed to the State Lands Commission as a
requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is
subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be
consistent with the approved enhancement plan. No activities contrary to that plan shall be
allowed. A desilting basin may be constructed in the northwest portion of Open Space Area I.
The proposed desiltation basin site is outside the Batiquitos Lagoon Enhancement Plan’s
implementation area. The City has reviewed a feasible design for the basin and storm drain in
the review of the former Batiquitos Lagoon Educational Park (BLEP) project. In addition, the
specific implementation design of the Enhancement Plan has accounted for the location of this
desiltation basin.
The LCP Land Use map designates
the site as OS consistent with this
policy.
The site has been protected and
improved with a desilting basin
consistent with the policy.
Draft LCP policy LCP-2-P.20.D
replaces this policy.
287
14.Planning Area J
Planning Area J is located north of Batiquitos Lagoon in the eastern portion of the Poinsettia
Shores Master Plan area. Planning Area J is the only portion of the Master Plan area that has
been developed. There are currently 70 homes built with five lots remaining to be developed.
Planning Area J has a gross area of 1.8 acres.
This planning area has a land use designation of RM and allows for the development of 75 single-
family detached units of which 70 units have already been built.
This policy has been implemented;
the site has been developed
consistent with the policy. This policy
is not proposed as part of the draft
LCP.
288
15.Planning Area K
Planning Area K is located north of Batiquitos Lagoon, east of the AT&SF Railway right-of-way and
West of I-5. Planning Area K has a gross area of 18. acres. This planning area has a land use
designation of OS.
Land within this planning area has been conveyed to the State Lands Commission as a
requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is
subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be
consistent with the approved enhancement plan. No activities contrary to that plan shall be
allowed.
The LCP Land Use map designates
the site as OS consistent with this
policy. The Poinsettia Shores Master
Plan (component of the LCP)
adequately addresses the limitations
on activities. This policy is not
proposed as part of the draft LCP.
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16.Planning Area L
Planning Area L is located north of Batiquitos Lagoon and Planning Area K and separating
Planning Areas A-4 from Planning Area J. Planning Area L has a gross area of 4.6 acres. This
planning area has a land use designation of O-S.
Land within this planning area has been conveyed to the State Lands Commission as a
requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is
subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be
consistent with the approved enhancement plan. No activities contrary to that plan shall be
allowed.
The LCP Land Use map designates
the site as OS consistent with this
policy. The Poinsettia Shores Master
Plan (component of the LCP)
adequately addresses the limitations
on activities. This policy is not
proposed as part of the draft LCP.
290
17.Planning Area M
Planning Area M has a land use designation of O-S. This area shall be developed as a private
Community Recreation Center and will be located adjacent to Avenida Encinas between Planning
Areas A-1 and B-1. The Recreational Facility Center has a gross acreage of 2 acres and a net
acreage of 2 acres.
This facility will be available to all homeowners within the Poinsettia Shores Master Plan area,
except as outlined in the Poinsettia Shores Master Plan within the development standards of
Planning Area M.
THE ABOVE LAND USE CATEGORIES REFLECT THE PLANNING AREAS WITHIN THE POINSETTIA
SHORES MASTER PLAN. THE FOLLOWING LAND USE CATEGORY COVERS THOSE AREAS OUTSIDE
THE POINSETTIA SHORES MASTER PLAN.
The LCP Land Use map designates
the site as OS consistent with this
policy. This policy has been
implemented; the site has been
developed consistent with the policy.
This policy is not proposed as part of
the draft LCP.
291
18.West Batiquitos Lagoon
Public Resources Code Section 30233(c) identifies Batiquitos Lagoon as one of 19 priority
wetlands and limits the types of uses and activity that may occur there. This area is Open Space
(O-S) in order to preserve the function of the lagoon and the immediately adjacent uplands as a
viable wetland ecosystem and habitat for resident and migratory wildlife. Uses shall be limited to
activities related to habitat enhancement, educational and scientific nature study, passive
recreation which will have no significant adverse impacts on habitat values, and aquaculture
having no significant adverse effect on natural processes or scenic quality.
State law and the OS land use
designation adequately address the
uses permitted in and near the
lagoon. The policies of draft LCP
Chapter 6 adequately address the
protection of the lagoon habitat and
water quality.
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B.Agricultural Lands
(approximately 100 acres originally identified as non-prime, of which 60 remain)
Non-prime agricultural lands identified during the review of the Batiquitos Lagoon Educational Park Plan are shown
on Map C. Of the original 100 acres, 60 acres remain undeveloped. Forty acres have been converted to urban uses
in accordance with the provisions of the West Batiquitos Lagoon/Sammis Properties Local Coastal Program and the
Batiquitos Lagoon Educational Park Master Plan. An agricultural conversion mitigation fee of $5,000/acre was set
by the California Coastal Commission with approval of the project. At the same time, the State Coastal Commission
agreed to accept a bond and recorded deed restriction securing the balance of payment due for conversion of the
remaining 60 acres of agricultural land. In September of 1986, $200,000 was paid by the property owner to the
State Coastal Conservancy for conversion of 40 acres to urban uses in accordance with the project conditions.
The remaining 60 acres of land may be converted to urban uses as specified in this plan and the Poinsettia Shores
Master Plan, upon the payment of an agricultural conversion mitigation fee. This fee implements Public Resources
Code Section 30171.5. Unconverted agricultural land may be used for purposes specified in the Carlsbad E-A zone,
Carlsbad Municipal Code, 21.07, or the Coastal Agricultural zone if adopted pursuant to the “Mello II” segment of
the Carlsbad LCP as amended.
Agricultural Conversion Mitigation Fee:
Conversion of non-prime agricultural lands shall be permitted upon payment of an agricultural conversion fee
which shall mitigate the loss of agricultural resources by preserving or enhancing other important coastal
resources. The amount of the fee shall be determined by the City Council at the time it considers the proposal for
development and shall reflect the per acre cost of preserving prime agricultural land pursuant to Option 1 of the
“Mello II” portion of the Carlsbad LCP, as amended, but shall not be less than $5,000 nor more than $10,000 per
acre. All mitigation fees collected under this section shall be deposited in the State Coastal Conservancy Fund and
shall be expended by the State Coastal Conservancy in the following order of priority:
1.Restoration of natural resources and wildlife habitat in Batiquitos Lagoon;
2.Development of an interpretive center at Buena Vista Lagoon;
3.Restoration of beaches managed for public use in the coastal zone in the City of Carlsbad;
4.Purchase of agricultural lands for continued agricultural production within the Carlsbad Coastal Zone as
determined by the Carlsbad City Council;
5.Agricultural improvements which will aid in continuation of agricultural production within the Carlsbad Coastal
Zone, as determined by the Carlsbad City Council.
NOTE: The fee for the remaining 60 acres of non-prime agricultural land within the Poinsettia Shores Master Plan
was set with the approval of the Batiquitos Lagoon Educational Park Master Plan at $5,000 per acre.
The previous agricultural land
referred to in this policy has been
converted to other uses. This policy
is no longer relevant and is not part
of the draft LCP.
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C. Grading and Erosion Control
a. Addition of new Best Management Practices (BMPs) found to be more protective of water quality
than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of
BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impractical.)
b. Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream drainage
facilities or to produce erosive velocities and appropriate measures shall be taken on and/or off the
site to prevent the siltation of the Batiquitos Lagoon and other environmentally sensitive areas.
c. All graded areas shall be hydroseeded prior to October 1st with either temporary or permanent
materials. Landscaping shall be maintained and replanted if not established by December 1st.
d. Grading plans shall indicate staking or fencing of open space areas during construction and shall
specifically prohibit running or parking earth-moving equipment, stockpiling or earthwork material,
or other disturbances within the open space areas.
e. Any necessary temporary or permanent erosion control devices required for the development of a
specific planning area, such as desilting basins, shall be developed and installed prior to any on, or
off, site grading activities within the specific planning area requiring the mitigation, or, concurrent
with the grading, provided all devices required for that planning area are installed and operating
prior to October 1st, and installation is assured through bonding or other acceptable means.
f. The developer must provide for the long-term maintenance of drainage improvements and erosion
control devices.
g. Prior to making land use decisions, the City shall utilize methods available to estimate increases in
pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate.
h. Water pollution prevention methods shall be implemented to the maximum extent practicable, and
supplemented by pollutant source controls and treatment. Small collection strategies located at, or
as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize
the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer
system (MS4) shall be utilized.
i. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to
an exceedance of receiving water quality objectives or which have not been reduced to the maximum
extent practicable.
a. Proposed to be replaced by
draft policies LCP-6-P.15 and
LCP-6-P.16.
b - f. Draft LCP policies LCP-6-P.13
through LCP-6-P.29 ensure
protection of water quality
throughout the coastal zone
and reflect current regional
and California Coastal
Commission water quality
protection requirements.
g. Proposed to be replaced by
draft policies LCP-6-P.17 and
LCP-6-P.18, which reflect the
California Coastal Commission
Model Water Quality Policies.
h. Proposed to be replaced by
draft policies LCP-6-P.18, LCP-
6-P.19 and LCP-6-P.25, which
reflect the California Coastal
Commission Model Water
Quality Policies.
i. Proposed to be replaced by
draft policies LCP-6-P.16, LCP-
6-P.18 and LCP-6-P.25, which
reflect the California Coastal
Commission Model Water
Quality Policies.
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C. Grading and Erosion Control
…
j.Development projects should be designed to comply with the following site
design principles:
1.Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2.To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
3.Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands
and buffer zones. Land acquisition of such areas shall be encouraged.
4.Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow
runoff and maximize on-site infiltration of runoff.
7.Properly design outdoor material storage areas (including the use of
roof or awning covers) to minimize the opportunity for toxic
compounds, oil and grease, heavy metals, nutrients, suspended solids
and other pollutants from entering the storm water conveyance
system.
8. Incorporate roof or awning covers over trash storage areas to prevent
off-site transport of trash and other pollutants from entering the storm
water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage
systems caused by development including roads, highways and bridges.
10.Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
j.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and
LCP-6-P.19, which reflect the California Coastal Commission
Model Water Quality Policies.
j.(2). This policy is related more to protection of natural habitat.
Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 address
this. Clustering of development is also referenced in the
HMP discussion section of draft LCP Section 6.2.
j.(4). Buffers around wetlands are addressed by draft LCP policies
LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance
with the HMP.
j.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which
reflects the California Coastal Commission Model Water
Quality Policies.
j.(7)(8). These policies are proposed to be replaced with draft LCP
policy LCP-6-P.16 and require compliance with the city’s
BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-
6-P.16 requires development be designed to minimize
transport of pollutants; draft policy LCP-6-P.15 requires
compliance with SWPPP and BMP manuals, which
require protection of outdoor storage and trash areas
from rainfall, run-on, runoff, and wind.
j.(9). Proposed to be replaced by draft policies LCP-6-P.19 and
LCP-6-P.20, which reflect the California Coastal
Commission Model Water Quality Policies.
j.(10). Proposed to be replaced by draft policy LCP-6-P.19 and
require compliance with the city’s BMP manual (draft
policy LCP-6-P.15). Draft policy LCP-6-P.19 requires
development to minimize installation of impervious
surfaces; draft policy LCP-6-P.15 requires compliance
with the city’s BMP manual, which requires streets,
sidewalks and parking lot isles be designed to the
minimum width necessary, and to reduce or eliminate
curb and gutters to allow roadway runoff to drain to
adjacent pervious areas.
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C. Grading and Erosion Control
…
k. Priority projects identified in the SUSMP will incorporate structural BMPs and
submit a Water Quality Technical Report as specified in the NPDES permit and in
the SUSMP.
l. Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version
of that publication, and designed to meet, infiltrate, filter or treat the runoff
produced from each storm event up to and including the 85th percentile 24-hour
storm event.
m. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent
to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of “adjacent to” and draining directly to” that are found in the
SUSMP.
n. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
o. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
p. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs
on disturbed areas as soon as feasible.
q. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas” as
defined in Appendix I of the SUSMP, including being treated as a priority project
if they create more than 2,500 square feet of impermeable surface or increase
the impermeable surface on the property by more than 10%.
k. Proposed to be replaced by draft policies LCP-
6-P.18 and LCP-6-P.25, which reflect the
California Coastal Commission Model Water
Quality Policies. The SUSMP has been
replaced by the city’s BMP manuals.
l. Proposed to be replaced by draft policy LCP-6-
P.25, which reflects the California Coastal
Commission Model Water Quality Policies. The
SUSMP has been replaced by the city’s BMP
manuals.
m. The city’s BMP manuals, which have replaced
the SUSMP, refer to the city’s MS4 permit for
the list of priority projects. Draft LCP Table 6-2
incorporates the list of priority projects into
the draft LCP. This policy is proposed to be
replaced with the definition in draft LCP Table
6-2 (row 5), which is consistent with current
regional requirements per the MS4 permit.
Draft LCP Table 6-2 is referenced in draft policy
LCP-6-P.25.
n. Proposed to be replaced by draft policy LCP-6-
P.22, which reflects the California Coastal
Commission Model Water Quality Policies.
o. Proposed to be replaced by draft policy LCP-6-
P.29
p. Proposed to be replaced by draft policy LCP-6-
P.23, which reflects the California Coastal
Commission Model Water Quality Policies.
q. Proposed to be replaced by draft LCP Table 6-2
and draft policy LCP-6-P.25.
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296
C. Grading and Erosion Control
…
r.Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement of
the numerical sizing standard, if they are in, within 200 feet of, or discharging
directly to an ESA, including the Pacific Ocean; or shall provide a written report
signed by a licensed civil engineer showing that as the project is designed they
are mitigating polluted runoff, including dry weather nuisance flows, to the
maximum extent practicable.
s.Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if
they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
t.The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
a.Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs found to be
ineffective. (This does not include removal of BMPs or categories of BMPs on
the basis that the City finds them to be infeasible or impractical.)
b.Addition of new development categories as Priority Projects.
c.Addition of new coastal waters to the map of Environmentally Sensitive Areas.
d.Reductions in the area of impervious surfaces used to designate a specific
category of Priority Projects.
u.Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment
is necessary, and if necessary, shall subsequently apply for an LPC amendment for
the changes.
NOTE: The Poinsettia Shores Master Plan provides additional specific standards
which relate to grading - see standards for individual planning areas and the Master
Plan Grading and Earthwork Chapter.
r.Proposed to be replaced by draft policies draft
LCP Table 6-2 and draft policies LCP-6-P.20,
and LCP-6-P.25. See the definition in draft
Table 6-2 (row 5), which is consistent with
current regional requirements per the MS4
permit (i.e., residential projects that increase
impervious area by 2500 sq ft or more, and are
within 200 feet of an ESA, and discharge
directly to an ESA, are PDPs).
s. This policy is proposed to be replaced by draft
policy LCP-6-P.16 and require compliance with
the city’s BMP manuals (draft policy LCP-6-
P.15). Draft policy LCP-6-P.16 requires
development be designed to minimize
transport of pollutants; draft policy LCP-6-P.15
requires compliance with the city’s BMP
manual, which requires all development
projects “to select a landscape design and
plant palette that minimizes required
resources (irrigation, fertilizers and pesticides)
and pollutants generated from landscape
areas.”
t and u. Proposed to be replaced by draft policy
LCP-6-P.27. SUSMP is now replaced by the
city’s Engineering Standards Volumes 4 and 5.
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297
D. Landscaping
In order to guard against introduction of any species which are inherently noxious to, or
incompatible with, the adjacent lagoon habitat, drought tolerant plants and native vegetation
shall be used to the maximum extent feasible.
Landscaping adjacent to structures should provide an effective screen of urban development.
Note: The Poinsettia Shores Master Plan provides additional specific standards which relate
to landscaping - see standards for individual planning areas and the Master Plan
Theme Elements Chapter.
This existing policy is proposed to be replaced with
the draft LCP policy LCP-6-P.3.
HMP Section F.3.C adequately addresses this existing
policy.
298
E. Environmentally Sensitive Habitats
The environmentally sensitive habitats located on the affected area (i.e., wetlands and bluff
slopes) shall be preserved as open space.
These sensitive areas are protected from any significant disruption through fee dedication of
wetland areas and recordation of open space easements. The dedication of the designated
wetland areas has been completed and accepted by the California Coastal Conservancy.
Recordation of several open space easements has occurred with the existing development
along the blufftop in the area identified as Planning Area J.
Recordation of additional open space easements along the bluff and railroad right-of-way
shall occur upon recordation of the final maps for Planning Areas A-3 and A-4, G and H.
Furthermore, development on the blufftops shall maintain setbacks as identified in the
Poinsettia Shore Master Plan from the bluff edges to prevent possible impacts on adjacent
environmentally sensitive habitats. No grading or manufactured slopes associated with the
adjacent private residential developments shall occur within the public open space and
setback areas.
Any future restoration, enhancement and preservation of Batiquitos Lagoon shall be consistent
with a Batiquitos Lagoon Enhancement Plan. The Batiquitos Lagoon Enhancement Plan has been
adopted by the City of Carlsbad and certified by the California Coastal Commission. This plan is
currently included as an attachment to the Carlsbad Local Coastal Program. Any other lagoon
enhancement plans must also be approved by the City of Carlsbad and certified by the California
Coastal Commission in conformance with the California Coastal Act.
This policy is not proposed as part of the draft LCP.
Draft LCP policy LCP-6-P.3 adequately addresses the
objective of this policy.
As this existing policy states, the sensitive wetland
and bluff slopes are protected as open space. The
HMP provides further assurance that the sensitive
habitat will remain protected.
Regarding OS easements and bluff top setbacks, all
areas have developed consistent with this policy,
except for areas G & H (area F is not subject to the
easement/blufftop setback requirement of this
policy). Areas G & H are subject to the HMP and OS
requirements of the master plan, both of which are
part of the LCP. It is not necessary to retain a policy
requiring OS easements – in addition to the HMP and
master plan.
Regarding the Batiquitos Lagoon Enhancement Plan,
the plan has been implemented and completed. The
plan is no longer relevant to current or future
activities. Draft LCP policy LCP-6-P.10 addresses
ongoing maintenance of the lagoon.
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299
F.Public Access
A pedestrian walkway shall be provided along the western portion of areas G and H from approximately
Avenida Encinas on the north to the San Marcos Creek Bridge on the south. The walkway shall be
permanently open to use by the public.
Lagoon accessways, blufftop accessways or equivalent overlook areas, and a bike path/pedestrian
walkway, shall be provided if agricultural land on the north shore of Batiquitos Lagoon is developed. Each
planning area containing a segment of the trail shall be conditioned to require construction and
maintenance of that portion of the trail within the planning area, unless otherwise specified in the
Batiquitos Lagoon Enhancement Plan. Each planning area containing a segment of the trail shall be
conditioned to construct its trail segment prior to issuance of any building permits for that planning area.
Such accessways shall be preserved for public use by requiring irrevocable offers of dedication of those
areas as a condition of development and, prior to the issuance of any building permits for those planning
areas, the trail dedications shall be accepted by the City of Carlsbad if the City agrees and it adopts a
Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to the
issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability
shall be the responsibility of another agency designated by the City or the responsibility of the
Homeowners Association. Upon acceptance of the dedication, including maintenance and liability
responsibilities, and completion of the trail improvements, the trail shall be open for public use. The
accessways shall not adversely impact environmentally sensitive habitats.
This policy is proposed to be
replaced with draft LCP policy
LCP-2-P.20.C., which is consistent
with the Ponto Beachfront Village
Vision Plan for this area.
300
F.Public Access
...
A Trail Construction Plan shall be provided for all planning areas containing public trails. The public trails
alignment shall be as shown on the attached exhibit. The plan shall indicate that all trail alignments will
be atop of the lagoon or railroad slopes and shall be constructed in the least environmentally-damaging
manner. The public trail shall be a minimum width of ten feet measured inland from the top of the bluff
edge or railroad embankment. The trail improvements shall include a minimum 5 foot wide improved
accessway, fencing, trash receptacles and interpretive signage. In addition to the existing trailhead at
Windrose Circle, two additional trailheads shall be provided: one at the southwest corner of Planning
Area A-4 adjacent to the railroad right-of-way and one at the northwest corner of Planning Area A-3,
adjacent to Avenida Encinas. These trailheads shall include appropriate directional signage and
identification. The plan shall also include construction specifications, maintenance standards, and specify
what party(ies) shall assume maintenance and liability responsibilities.
This policy is outdated and is not
proposed as part of the draft LCP.
See comments above.
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301
F. Public Access
...
The public facilities and improvements specified by the Poinsettia Shores Master Plan shall be
provided by the developer - see the Public Facilities and Open Space Chapters of the Master
Plan.
This policy is not proposed as part of the draft
LCP. The area east of the railroad has been
developed per the public facility and open
space requirements of the master plan.
For the area west of the railroad, draft LCP
policy LCP-2-P.20 requires development to
comply with the requirements of Poinsettia
Shores Master Plan.
302
G. Archaeology
A program of preservation and/or impact mitigation regarding archaeological sites located on
the affected area shall be completed prior to any development.
This policy is proposed to be replaced with
LCP-5-P.13 through LCP-5-P.18
303
H. State Lands Commission Review
Prior to issuance of a coastal development permit, the permittee shall obtain a written
determination from the State Lands Commission that:
1. No State Lands are involved in the development, or
2. State Lands are involved in the development and all permits required by the State Lands
Commission have been obtained, or
3. State Lands may be involved in the development, but pending a final determination an
agreement has been made with the State Lands Commission for the project to proceed
without prejudice to that determination.
This policy is outdated and is not proposed as
part of the draft LCP. The state has sovereign
ownership of all tidelands and submerged
lands and beds of navigable lakes and
waterways. On tidal waterways, the state’s
ownership extends landward to the mean high
tide line. All state sovereign ownership lands
around Batiquitos Lagoon are designated as
Open Space and are not developable.
304
I. Master Plan Approval
The Poinsettia Shores Master Plan as adopted by the Carlsbad City Council Ordinance No. NS-
266 and certified by the California Coastal Commission is approved as the Implementing
Ordinance for this Local Coastal Land Use Plan. Upon final certification by the California Coastal
Commission, this portion of the Carlsbad Local Coastal Program shall be deemed certified.
This policy is outdated. The Coastal
Commission certified the Poinsettia Shores
Master Plan in 1994. Draft LCP Chapter 1
identifies Poinsettia Shores Master Plan as
part of the LCP Implementation Plan.
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305
1. LAND USE CATEGORIES
Sub-areas (see map in back of document)
(1)North Shore Batiquitos Lagoon (outside the wetland boundary).
All non-agricultural land use and development is subject to the provisions of the Pacific Rim Master Plan as
adopted by Carlsbad City Council and as approved or modified by the California Coastal Commission. No
development inconsistent with the Master Plan shall be permitted. To the extent that there are inconsistencies
between the Master Plan and this LCP the most restrictive requirements shall prevail.
It is understood that Sub-Area No. 1 is part of a larger holding on the north shore owned by Hunt Properties or its
successors in interest. These other contiguous properties are included in the Mello I and Mello II segments of the
Carlsbad LCP. All contiguous north shore properties including the lagoon which are owned by Hunt Properties or
its successors shall be the subject of a single master plan.
(a)Land Uses Permitted Pursuant to a Master Plan
Unless otherwise noted herein, uses permitted by the Master Plan shall be consistent with those allowed by
the Carlsbad General Plan as adopted as of March 1, 1988. In general, the Master Plan and Carlsbad
General Plan allow for a combination of residential, commercial, and open space uses. Specifically, the uses
shall be as follows:
1)Residential - the Mesa (Planning Area 30) shall be designated Residential Medium Density (RM 4-8
du/ac) but constraints to development permit a maximum of 135 du. All other residential areas subject
to this LCP segment are designated Residential Low-Medium density (RLM 0-4 du/ac).
2)Commercial - Portions of Planning Areas 10 and 11 that are subject to this plan are designated
Recreation Commercial (RC). In addition to the uses permitted under this designation, other uses may
include restaurants.
3)Open Space - Portions of Planning Area 1, 1A, and 1B are designated Open Space (OS). In addition to
uses permitted under this designation, other uses may include public and/or private golf course plus
accessory uses such as clubhouse facilities. Uses in this open space area shall be designated so that
there will be no significant adverse impacts on environmentally sensitive habitats. Also designated for
open space is the lagoon wetland and a buffer (transition habitat Planning Areas 31A and 31B). The
only uses allowed within the wetland shall be consistent with Section 30233 (Public Resources Code -
See discussion in Policy C-1 below). The only uses allowed within the wetland buffer is lateral public
access trail system, including signing and fencing as required consistent with the Batiquitos Lagoon
Enhancement Plan prepared by the California Coastal Conservancy and/or as approved by the Coastal
Commission in Coastal Development Permit No. 6-87-680. The trail shall be designed so as to, maintain
and preserve sensitive wetland areas from disturbance, encroachment, human or domestic pet
interference.
The area is subject to the Aviara
Master Plan and has developed
consistent with the master plan.
This policy is not proposed as
part of the draft LCP.
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306
1. LAND USE CATEGORIES
…
(2) Batiquitos Lagoon
The lagoon wetland area as determined by California Department of Fish and Game (CDFG) and the
U.S. Fish and Wildlife Service (FWS) is designated Open Space (OS) with a Special Treatment Area
Overlay. The general boundaries are shown on Exhibit . The precise wetland boundaries as
determined by the above agencies are depicted on a map on file in the Carlsbad Planning
Department.
…
This policy is not proposed as part of
the draft LCP. The LCP Land Use map
designates the site as OS consistent
with this policy. The city defers to the
State for the boundaries of the lagoon
wetland.
307
1. LAND USE CATEGORIES
…
(3) Green Valley (approximately 280 acres)
The area south of La Costa Avenue and west of El Camino Real is designated for a combination of uses
as follows:
(a) Riparian corridor of Encinitas Creek (approximately 40 acres) designated Open Space (OS) with a
Special Treatment Overlay.
1) Steep Slopes - Slopes 40% or greater are designated Open Space (OS) and constrained from
development. Slopes 25% to 40% may also be constrained from development. (See
Grading Section.)
(b) Upland (approximately 240 acres) is designated for a combination of Residential (Medium High
Density - RMH - 9-15 du/ac), Commercial (C), and Office (O) uses. The maximum height of new
development shall be limited to 35 feet consistent with the Carlsbad Municipal Code.
Additionally, the intensity of development shall be compatible with the currently planned road
capacities of La Costa Avenue and El Camino Real. Approval of these land uses shall not be
considered precedent for increasing the road capacity of these two corridors. Development of
the entire 280 acres of Green Valley shall be pursuant to a Master Plan which is consistent with
the uses allowed by the Carlsbad General Plan adopted as of March 1, 1988.
The area is subject to the Green Valley
Master Plan and is designated by the
LCP land use map as OS, residential
and commercial, consistent with this
policy. This policy is not proposed as
part of the draft LCP.
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2.AGRICULTURE/PLANNED DEVELOPMENT
Prior to the approval (by Carlsbad and the Coastal Commission or its successor) of a master plan for
either Sub-area No. 1 (Northshore) or Sub-area No. 3 (Green Valley) the uses permitted on either Sub-
area shall be consistent with those allowed by the Mello II LCP Segment Policy 2-1C (Permitted Uses on
Agricultural Lands). Conversion of these non-prime agricultural lands to urban uses pursuant to the
approved master plan(s) shall be consistent with the Coastal Act Section 30171.5 (Public Resources
Code) which requires a mitigation fee.
Development pursuant to the approved master plan(s) shall be consistent with the provisions of the
Carlsbad Planned Community Zone with the additional requirement that all development as defined by
the Coastal Act shall require approval of a Coastal Development Permit.
The agricultural land referred to in
this policy has been converted to
other uses. This policy is no longer
relevant.
309
3. Environmentally Sensitive Habitats
The environmentally sensitive habitats (wetlands, riparian areas, and areas greater than 25% slope)
shall be preserved as open space with the following additional requirements:
(1) Batiquitos Lagoon Special Treatment Overlay - The wetlands as defined and determined by CDFG
and FWS shall be constrained from development. Pursuant to Section 30233(C) (Public Resources
Code) any alteration of the wetlands shall be limited to minor incidental public facilities,
restorative measures, and nature studies. Furthermore, any alteration of the wetlands must be
approved by the City of Carlsbad and the Coastal Commission. The latter because it will retain
Coastal Development Permit jurisdiction. In addition, any wetland alteration will require federal
approval through an Army Corps of Engineers (COE) permit.
2) Wetlands Buffer - The lagoon Special Treatment Overlay shall include a buffer area outside the
wetlands boundary as mapped by CDFG and FWS. The buffer shall be of sufficient width
(minimum 100 feet unless approved by the Coastal Commission or its successor as part of a
Coastal Development Permit) so as to provide a transition habitat as well as provide a protective
area to reduce possible disruptive impacts to the lagoon's wildlife and habitats. No development
shall occur within the wetlands buffer except for the lateral public access trail described in Policy
A1C above.
…
Draft policies LCP-6-P.3 and LCP-6-P.8
replace this policy.
This existing policy predates the HMP.
City staff is not able to find records
that specify what the “special
treatment area overlay” is. It may be
the description provided in this policy.
In any event, the HMP is the
document that guides protection of
the lagoon wetland.
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3. Environmentally Sensitive Habitats
…
(3) Green Valley Riparian Corridor - The riparian corridor (approximately 40 acres) shall be constrained
from all development. In addition, a 50 foot wide buffer area shall be preserved in open space
upland of the boundaries of the riparian corridor. Unless otherwise specified herein, development
within the buffer area shall be limited to the construction of a pedestrian path with fencing and
other improvements deemed necessary to protect the riparian habitat in the upper (upland) half
of the buffer area. Any alteration of the riparian corridor shall be limited to the following and shall
require Carlsbad approval, a Coastal Development Permit, Stream Alteration Agreement, and
COEP permit:
(a) Access - A maximum of two (2) crossings shall be permitted to provide access to the
developable portions of Green Valley. The access crossings shall be designed to minimize
adverse impacts to the habitat value of the riparian corridor and shall be mitigated by the
creation of and maintenance of new riparian habitat at a ratio of 3 square feet of new
riparian area for each 1 square foot of disturbance associated with construction of the
accessways. All mitigation required shall be located onsite and contiguous with the existing
riparian corridor.
b) Flood and sediment control projects - shall be allowed adjacent to the riparian corridor
provided such projects do not involve any removal of riparian habitat or diversion of non-
flood water flows upon which the habitat is dependent provided there are no less
environmentally damaging feasible alternatives and/or public health, safety, and welfare or
protection of the lagoon is found to be a mutually exclusive higher priority.
This policy predates the HMP and is
proposed to be replaced with draft
LCP policies LCP-6-P.3 and LCP 6-P.11.
The requirements of the HMP
adequately replace the buffer and
habitat protection provisions of the
first paragraph and subsection (b) of
the existing policy. Draft policy LCP-6-
P.11 addresses the access crossings in
subsection (a).
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3. Environmentally Sensitive Habitats
…
(4)Steep Slopes - Slopes 40% or greater shall be constrained from development. Slopes 25% to 40%
may be constrained from development. (See Grading and Erosion Control below.)
The above environmentally sensitive areas shall be protected from any significant disruptive
impacts through fee dedication of the wetlands and recordation of open space easements over
the lagoon buffer and riparian corridor and recordation of open space deed restrictions over the
riparian corridor buffer and constrained steep slopes. For the wetlands of Batiquitos Lagoon and
the upland 100 foot wide buffer area and designated steep slope areas constrained from
development north of the lagoon, recordation of such open space easements and recordation of
open space deed restrictions shall be required as conditions of approval of the Pacific Rim Master
Plan. For the environmentally sensitive areas of Green Valley, recordation of an open space
easement over the riparian corridor and recordations of open space deed restrictions over the
riparian buffer area and steep slope areas constrained from development shall be required as
conditions of development at the time of review of the required Master Plan for the area under
the coastal development permit process.
This policy predates the HMP and is
proposed to be replaced with draft
LCP policy LCP-6-P.3.
The requirements of the HMP
adequately replace the OS easement
requirements (most of which have
been recorded in this segment).
312
4. Grading, Drainage and Erosion Control
(1)Batiquitos Lagoon is the primary coastal resource within the subject area and warrants stringent
controls on upstream development activities. Downstream impacts of possible erosion and
sedimentation due to development must be limited to insignificant levels. Many slope areas on the
property contain sensitive vegetation and support a variety of wildlife species. Slope areas also pose
possible geologic hazards and require close development review.
(2)Any development proposal that affects slopes 25% inclination or greater, shall be required to prepare
a slope map and analysis for the affected slopes. The slope mapping and analysis shall be prepared
during the CEQA environmental review on a project-by-project as is and shall be required as a condition
of a coastal development permit.
…
1) Proposed to be replaced with
updated policies that protect
water quality (policies LCP-6-P.13
to P.29), habitat (policies LCP-6-
P.1 to P.12), and address geologic
hazards (policies LCP-7-P.45 to
P.54).
ii.Proposed to be replaced with
draft policy LCP-7-P.46.
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4. Grading, Drainage and Erosion Control
…
(3)Under the Master Plan requirements, any development shall conform to the following additional
standards:
(a)For those slopes mapped as possessing endangered plant/animal species and/or Coastal Sage Scrub
and Chaparral plant communities, the following shall apply:
1)Slopes of 25% grade and over shall be preserved in their natural state, unless the application
of this policy would preclude any reasonable use of the property in which case an
encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted.
For existing legal parcels, with 25% grade, any such encroachment shall be limited so that at
no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to
be disturbed from its natural state. This policy shall not apply to the construction of roads of
the City's Circulation Element or the development of utility systems. Uses of slopes over 25%
may be made in order to provide access to flatter areas if there is no less environmentally
damaging alternative available.
2)No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots
that have their total area in excess of 25% slope unless a Planned Unit Development is
proposed which limits grading and development to not more than 20% of the total site area.
3)Slopes and areas remaining undisturbed as a result of the hillside review process, shall be
placed in a permanent open space easement as a condition of development approval. The
purpose of the open space easement shall be to reduce the potential for localized erosion and
slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or
planting fire retardant vegetation and to protect visual resources of importance to the entire
community.
3)(a) and (b) Proposed to be replaced
with draft LCP policies LCP-6-P.3,
LCP-7-P.46 and LCP-7-P.48 to 51.
LCP-P-6.3 requires compliance
with the HMP; HMP section F
addresses erosion control
measures to protect habitat.
Policies LCP-7-P.46 and LCP-7-P.48
to 51 address development
restrictions on steep slopes.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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314
4. Grading, Drainage and Erosion Control
…
(3) Under the Master Plan requirements, any development shall conform to the following additional
standards:
…
(b) For all other 25% and over slope areas, the City Council may allow exceptions to the above grading
provisions provided the following mandatory findings to allow exceptions are made:
1) A soils investigation conducted by a licensed soils engineer has determined the subject slope
area to be stable and grading and development impacts mitigable for at least 75 years, or life
of structure.
2) Grading of the slope is essential to the development intent and design.
3) Slope disturbance will not result in substantial damage or alteration to major wildlife habitat
or native vegetation areas.
4) If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10
acres, no more than one third of the total steep slope area shall be subject to major grade
changes.
5) If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres,
complete grading may be allowed only if no interruption of significant wildlife corridors occurs.
6) Because north-facing slopes are generally more prone to stability problems and in many cases
contain more extensive natural vegetation, no grading or removal of vegetation from these
areas will be permitted unless all environmental impacts have been mitigated. Overriding
circumstances are not considered adequate mitigation.
(c) Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with
property in its present state, and appropriate measures shall be taken on and/or offsite to prevent
siltation of lagoons and other environmentally sensitive areas.
(d) The appropriate erosion control measures shall be installed prior to onsite grading.
(e) All undeveloped slopes shall be placed in open space easements as a condition of development.
3)(a) and (b) Proposed to be replaced
with draft LCP policies LCP-6-P.3,
LCP-7-P.46 and LCP-7-P.48 to 51.
LCP-P-6.3 requires compliance
with the HMP; HMP section F
addresses erosion control
measures to protect habitat.
Policies LCP-7-P.46 and LCP-7-P.48
to 51 address development
restrictions on steep slopes.
3)(c) and (d) Proposed to be replaced
with draft LCP policies LCP-6-P.2,
and LCP-6-P.15 through LCP-P.6-
26, which address runoff and
reflect current regional and
California Coastal Commission
water quality protection
requirements.
3)(e) This policy is proposed to be
replaced with draft LCP policy LCP-7-
P.49.C.
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315
4. Grading, Drainage and Erosion Control
…
(3)Under the Master Plan requirements, any development shall conform to the following additional standards:
…
(f)Mitigation measures tailored to project impacts and consistent with the control of cumulative development
shall be implemented prior to development in accordance with the following additional criteria:
1)Submittal of a runoff control plan designated by a licensed engineer qualified in hydrology and
hydraulics, which would assure no increase in peak runoff rate from the developed site over the
greatest discharge expected from the existing undeveloped site as a result of a 10-year frequency
storm. Runoff control shall be accomplished by a variety of measures, including, but not limited to,
onsite catchment basins, detention basins, siltation traps, and energy dissipators and shall not be
concentrated in one area or a few locations.
2)Detailed maintenance arrangements and various alternatives for providing the ongoing repair and
maintenance of any approved drainage and erosion control facilities.
3)All permanent runoff and erosion control devices shall be developed and installed prior to or
concurrent with any onsite grading activities.
4)All areas disturbed by grading, but not completed during the construction period, including graded
pads, shall be planted and stabilized prior to October 1st with temporary or permanent (in the case of
finished slopes) erosion control measures and native vegetation. The use of temporary erosion control
measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps
shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said
plantings shall be accomplished under the supervision of a licensed landscape architect and shall
consist of seeding, mulching, fertilization, and irrigation adequate to provide 90% coverage within 90
days. Planting shall be repeated, if the required level of coverage is not established. This requirement
shall apply to all disturbed soils, including stockpiles.
5)All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the
City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan
(SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby
incorporated into the LCP by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any policies of the LCP.
3)(f)(1)to(4) Proposed to be
replaced by draft policies
LCP-6-P.15 through LCP-P.6-
26, which address runoff and
reflect current regional and
California Coastal
Commission water quality
protection requirements.
3)(f)(5) Proposed to be replaced by
draft policies LCP-6-P.15 and
LCP-6-P.16. Note that the
SUSMP and the San Diego
County Hydrology Manual have
been replaced by the city’s
Engineering Standards
Volume’s 4 & 5 (construction
and post-construction BMPs).
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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316
4. Grading, Drainage and Erosion Control
…
(3)Under the Master Plan requirements, any development shall conform to the following additional standards:
…
(f)Mitigation measures tailored to project impacts and consistent with the control of cumulative
development shall be implemented prior to development in accordance with the following additional
criteria:
6)Prior to making land use decisions, the City shall utilize methods available to estimate increases in
pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increase in peak runoff rate.
7)Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
sewer system (MS4) shall be utilized.
8)Post-development runoff from a site shall not contain pollutant loads which cause or contribute
to an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
9)Development projects should be designed to comply with the following site design principles:
a.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding
and impacting storm water runoff.
b.To the extent practicable, cluster development on the least environmentally sensitive portions
of a site while leaving the remaining land in a natural undisturbed condition.
c.Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas
shall be encouraged.
d.Provide development-free buffer zones for natural water bodies.
3)(f)(6) Proposed to be replaced by
draft policies LCP-6-P.17 and LCP-
6-P.18, which reflect the California
Coastal Commission Model Water
Quality Policies.
3)(f)(7) Proposed to be replaced by
draft policies LCP-6-P.18, LCP-6-
P.19 and LCP-6-P.25, which reflect
the California Coastal Commission
Model Water Quality Policies.
3)(f)(8) Proposed to be replaced by
draft policies LCP-6-P.16, LCP-6-
P.18 and LCP-6-P.25, which reflect
the California Coastal Commission
Model Water Quality Policies.
3)(f)(9)a. and c. Proposed to be
replaced by draft policies LCP-6-
P.17 and LCP-6-P.19, which reflect
the California Coastal Commission
Model Water Quality Policies.
3)(f)(9)b. This policy is related more to
protection of natural habitat.
Draft LCP policies LCP-6-P.1, LCP-6-
P.2 and LCP-6-P.3 address this.
Clustering of development is also
referenced in the HMP discussion
section of draft LCP Section 6.2.
3)(f)(9)d. Buffers around wetlands are
addressed by draft LCP policies
LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3,
which require compliance with the
HMP.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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317
4. Grading, Drainage and Erosion Control
…
(3) Under the Master Plan requirements, any development shall conform to the following
additional standards:
…
(f) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance with
the following additional criteria:
…
9) Development projects should be designed to comply with the following site design
principles:
…
e. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
f. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
g. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
h. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water
conveyance system.
i. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
j. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
10) Priority projects identified in the SUSMP will incorporate structural BMPs and
submit a Water Quality Technical Report as specified in the NPDES permit and
SUSMP.
3)(f)(9)e. and f. Proposed to be replaced by draft policy
LCP-6-P.19, which reflects the California Coastal
Commission Model Water Quality Policies.
3)(f)(9)g. and h. These policies are proposed to be
replaced with draft LCP policy LCP-6-P.16 and
require compliance with the city’s BMP manuals
(draft policy LCP-6-P.15). Draft policy LCP-6-P.16
requires development be designed to minimize
transport of pollutants; draft policy LCP-6-P.15
requires compliance with SWPPP and BMP
manuals, which require protection of outdoor
storage and trash areas from rainfall, run-on,
runoff, and wind.
3)(f)(9)i. Proposed to be replaced by draft policies
LCP-6-P.19 and LCP-6-P.20, which reflect the
California Coastal Commission Model Water
Quality Policies.
3)(f)(9)j. Proposed to be replaced by draft policy
LCP-6-P.19 and require compliance with the
city’s BMP manual (draft policy LCP-6-P.15).
Draft policy LCP-6-P.19 requires development to
minimize installation of impervious surfaces;
draft policy LCP-6-P.15 requires compliance
with the city’s BMP manual, which requires
streets, sidewalks and parking lot isles be
designed to the minimum width necessary, and
to reduce or eliminate curb and gutters to allow
roadway runoff to drain to adjacent pervious
areas.
3)(f)(10) Proposed to be replaced by draft policies
LCP-6-P.18 and LCP-6-P.25, which reflect the
California Coastal Commission Model Water
Quality Policies. The SUSMP has been replaced
by the city’s BMP manuals.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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318
4. Grading, Drainage and Erosion Control
…
(3)Under the Master Plan requirements, any development shall conform to the following additional
standards:
…
(f)Mitigation measures tailored to project impacts and consistent with the control of cumulative
development shall be implemented prior to development in accordance with the following
additional criteria:
…
11)Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of that publication, and designed
to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including
the 85th percentile 24-hour storm event.
12)Priority projects will include projects increasing impervious area by more than 2,500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm
Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and
“draining directly to” that are found in the SUSMP.
13)The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
14)The City will encourage and support public outreach and education regarding the potential
water quality impacts of development.
15)Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
16)Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square feet
of impermeable surface or increase the impermeable surface on the property by more than 10%.
3)(f)(11) Proposed to be replaced by
draft policy LCP-6-P.25, which
reflects the California Coastal
Commission Model Water Quality
Policies. The SUSMP has been
replaced by the city’s BMP manuals.
3)(f)(12) The city’s BMP manuals,
which have replaced the SUSMP,
refer to the city’s MS4 permit for the
list of priority projects. Draft LCP
Table 6-2 incorporates the list of
priority projects into the draft LCP.
This policy is proposed to be
replaced with the definition in draft
LCP Table 6-2 (row 5), which is
consistent with current regional
requirements per the MS4 permit.
Draft LCP Table 6-2 is referenced in
draft policy LCP-6-P.25.
3)(f)(13) Proposed to be replaced by
draft policy LCP-6-P.22, which
reflects the California Coastal
Commission Model Water Quality
Policies.
3)(f)(14) Proposed to be replaced by
draft policy LCP-6-P.29
3)(f)(15) Proposed to be replaced by
draft policy LCP-6-P.23, which
reflects the California Coastal
Commission Model Water Quality
Policies.
3)(f)(16) Proposed to be replaced by
draft LCP Table 6-2 and draft policy
LCP-6-P.25.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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319
4. Grading, Drainage and Erosion Control
…
(3)Under the Master Plan requirements, any development shall conform to the following additional standards:
…
(f)Mitigation measures tailored to project impacts and consistent with the control of cumulative
development shall be implemented prior to development in accordance with the following additional
criteria:
…
17)Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are mitigating
polluted runoff, including dry weather nuisance flows, to the maximum extent practicable.
18)Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of
an ESA, coastal bluffs or rocky intertidal areas.
19)The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
a.Addition of new Best Management Practices (BMPs) found to be more protective of water
quality than current BMPs or removal of BMPs found to be ineffective. (This does not include
removal of BMPs or categories of BMPs on the basis that the City finds them to be feasible or
impractical.)
b.Addition of new development categories as Priority Projects.
c.Addition of new coastal waters to the map of Environmentally Sensitive Areas.
d.Reduction in the area of impervious surfaces used to designate a specific category of Priority
Projects.
20)Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For any
changes not included in the above list, the City shall contact the Executive Director to determine
whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP
amendment for the changes.
3)(f)(17) Proposed to be replaced by
draft policies draft LCP Table 6-2
and draft policies LCP-6-P.20, and
LCP-6-P.25. See the definition in
draft Table 6-2 (row 5), which is
consistent with current regional
requirements per the MS4 permit
(i.e., residential projects that
increase impervious area by 2500
sq ft or more, and are within 200
feet of an ESA, and discharge
directly to an ESA, are PDPs).
3)(f)(18) This policy is proposed to be
replaced draft policy LCP-6-P.16
and require compliance with the
city’s BMP manuals (draft policy
LCP-6-P.15). Draft policy LCP-6-
P.16 requires development be
designed to minimize transport of
pollutants; draft policy LCP-6-P.15
requires compliance with the
city’s BMP manual, which
requires all development projects
“to select a landscape design and
plant palette that minimizes
required resources (irrigation,
fertilizers and pesticides) and
pollutants generated from
landscape areas.”
3)(f)(19) and (20) Proposed to be
replaced by draft policy LCP-6-
P.27. SUSMP is now replaced by
the city’s Engineering Standards
Volumes 4 and 5.
HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE
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320
5. Landscaping
In order to guard against introduction of any species which are inherently noxious to or incompatible
with adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used in areas of
proximity to the wetland, to the maximum extent feasible.
Landscaping adjacent to structures should provide an effective screen of urban development.
This existing policy is proposed to be
replaced with draft LCP policy LCP-6-
P.3.
HMP Section F.3.C adequately
addresses this existing policy.
321
6.SCENIC AND VISUAL QUALITIES
The scenic and visual qualities of the area are of great value to the region. Again, the focal point for
these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are
important resources. Many of the requirements previously established by this document address visual
quality components, such as:
-setbacks;
-preservation of slope areas;
-preservation of lagoon and riparian habitats;
-enhancement of the lagoon environments; and
-controlled grading.
(1)In addition to these provisions, the following shall be provided to further address the important scenic
and visual character of the area:
(a)La Costa Avenue should be established as scenic corridor pursuant to the City of Carlsbad General
Plan Scenic Highway Element.
(b)Scenic corridor status shall be pursued for any public roadway to be established along a part or the
entire lagoon north shore.
(c)Existing, mature, healthy vegetation such as eucalyptus stands, shall be preserved where possible.
(d)Offsite signing along public roadways shall be prohibited.
(e)If a Master Plan is pursued for the property, the provisions of the City of Carlsbad Scenic
Preservation Overlay Zone should be utilized where appropriate.
(f)View points shall be established along the north and south shore areas (if and where
environmentally sound and physically possible) to provide varied visual access to the lagoon.
(g)View points should offer a mix of accessibility for pedestrian, bicycle, and motor vehicles.
This policy is proposed to be replaced
with draft LCP Figures 5-3C, which
identifies La Costa Avenue as a scenic
viewing area, and draft policies LCP-5-
P.22 through 31.
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322
7.Public Access
La Costa Avenue is designated a major arterial providing coastal access from inland areas to the east.
Construction of La Costa Avenue to major arterial standards shall be designed so as to limit environmental
impacts including a limit of maximum of four traffic lanes, with a median, and pedestrian
walkways/sidewalks on only the south side of the roadway. Any road construction that involves wetlands
impacts shall require a coastal development permit issued by the Coastal Commission. Wetlands impact
mitigation shall be a condition of the permit.
…
This policy is outdated and is not
proposed as part of the draft LCP. La
Costa Avenue has been constructed.
Policies regarding resource protection
are provided in draft LCP Chapter 6.
323
7.Public Access
…
A public access trail system along the north shore of Batiquitos Lagoon with adequate trailhead public
parking areas shall be required as a condition of approval for any development along the north shore
pursuant to the Pacific Rim Master Plan. The trail shall be conveyed to an appropriate agency or non-profit
organization (subject to Carlsbad approval) through a recorded public access easement.
…
This policy is outdated and is not
proposed as part of the draft LCP. The
Aviara master plan (formerly Pacific
Rim) has been developed and a trail
constructed per this policy and the
master plan along the north shore of
the lagoon.
324
7.Public Access
…
Public access along the south shore shall be provided as part of La Costa Avenue improvements. Access
shall include but not be limited to a pedestrian walkway and bicycle lane along the entire south shore
length covered by this LCP segment.
…
This policy is outdated and is not
proposed as part of the draft LCP. A
pedestrian walkway and bicycle lane
exist along the entire south shore of
the lagoon within Carlsbad’s
jurisdiction.
325
7.Public Access
…
Lagoon accessways and overlook areas along the north shore shall be provided. The responsibility for
construction and maintenance of such facilities shall be with the developer as a condition of any permit
approval unless otherwise specified in the Batiquitos Lagoon Enhancement Plan (on file with the City of
Carlsbad) and/or as approved by the Coastal Commission in Coastal Development Permit No. 6-87-680.
Such accessways shall be preserved for public use by requiring appropriate offers of entitlement of those
areas as a condition of the implementation of the Batiquitos Lagoon Enhancement Plan. The accessways
shall not adversely impact environmentally sensitive habitats.
This policy is outdated and is not
proposed as part of the draft LCP. The
area on the north shore within this
segment has been developed and
lagoon access and overlooks have
been constructed.
Draft LCP Chapter 4 provides policies
related to provision and protection of
ocean and lagoon accessways.
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326
8.STATE LANDS COMMISSION REVIEW
(1)Prior to issuance of a coastal development permit, permittee shall obtain a written determination
from the State Lands Commission that:
(a)No State lands are involved in the development, or
(b)State lands are involved in the development and all permits required by the State Lands
Commission have been obtained, or
(c)State land may be involved in the development, but pending a final determination an agreement
has been made with the State Lands Commission for the project to proceed without prejudice to
that determination.
This policy is outdated and is not
proposed as part of the draft LCP. The
state has sovereign ownership of all
tidelands and submerged lands and
beds of navigable lakes and
waterways. On tidal waterways, the
state’s ownership extends landward
to the mean high tide line. All state
sovereign ownership lands around
Batiquitos Lagoon are designated as
Open Space and are not developable.