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HomeMy WebLinkAbout1997-10-15; Planning Commission; ; ZCA 96-04|LCPA 96-01 - HILLSIDE DEVELOPMENT ORDINANCE1.&18 Olty of CARLSBAD Planning Departme111. ~ A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: October 15, 1997 Item No.@ Application complete date: NIA Project Planner: Chris DeCerbo Project Engineer: N/ A SUBJECT: ZCA 96-04/LCPA 96-01 -HILLSIDE ORDINANCE AMENDMENT -A Zone Code Amendment and Local Coastal Program Amendment to revise the City's Hillside Development Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of the Carlsbad Municipal Code to: (1) streamline the Hillside Development Permit process, (2) clarify and simplify the Hillside Development Ordinance to make it more user friendly, and (3) incorporate new development standards to address identified Ordinance issue areas. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3939 RECOMMENDING APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolutions No. 3940 and 3941 RECOMMENDING APPROVAL of ZCA 96-04 and LCPA 96-01 based on the findings contained therein. II. INTRODUCTION In 1995 the City Council approved a Community Development Workplan for Streamlining the Development Review and Permitting Processes. This Workplan recommended revisions to the City's Hillside Ordinance as a high priority streamlining work task. This Zone Code Amendment recommends specific amendments to the Hillside Development and Uses Generally chapters of the Zoning Ordinance which streamline the Hillside Development Permit process and clarify the Zoning Ordinance with respect to hillside development. Additionally, staff has undertaken a review of the Hillside Ordinance to identify and resolve specific Ordinance issue areas. Based upon this review, staff is recommending several Ordinance amendments. III. PROJECT DESCRIPTION AND BACKGROUND This project (ZCA 96-04/LCP A 9..6-01) is an amendment to the City's Hillside Development Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) and its Local Coastal Program. The existing Hillside Development regulations were adopted in January, 1989 and this project constitutes the first review and proposed revision to this Ordinance since its adoption. The overall objectives of ZCA 96-04/LCP A 96-01 include: 0 ZCA 96-04/LCPA 96-01 -n1LLSIDE ORDINANCE AMEND~ 1 October 15, 1997 Pa e2 A. Project Objectives 1. Streamline the Hillside Development permit procedures; 2. Clarify and simplify Ordinance provisions (i.e. intent, applicability and standards) to make it more ''user friendly"; and 3. Incorporate new development standards to address identified Ordinance issue areas. The City's Zoning Ordinance also functions as the implementing zoning for Carlsbad's Local Coastal Program (LCP). Accordingly, a Local Coastal Program Amendment is being processed to ensure consistency between the proposed amended zone code and the City's LCP. IV. ANALYSIS Included below is a discussion and analysis of the specific Hillside Ordinance revisions associated with each above noted project objective. Reference can be made to Attachment "A" (Strikeout/Highlight version of amended Ordinance) or Exhibit "X" to review in detail all text revisions. The recommendation for approval of this Zone Code Amendment/Local Coastal Program Amendment was developed by analyzing it's achievement of the overall project objectives and it's compliance/consistency with the Carlsbad General Plan and applicable Local Coastal Program policies. A. Project Objectives 1. Streamlining the Hillside Development Permit Procedures a. The primary objective of this Hillside Ordinance amendment is to streamline the Hillside Development Permit procedures. The Hillside Ordinance was adopted in 1989 for the purpose of providing the City with specific regulations to control excessive hillside grading and guide sensitive hillside development. Over the past eight years of experience with the Hillside Ordinance, concerns have been expressed (most notably by applicants proposing to develop either one single family dwelling unit on a residential lot or to develop a previously graded property or lot) that the Hillside Development Permit process is a time-consuming and duplicative discretionary permit process which might be more efficiently handled under a consolidated permit process. Accordingly, the Hillside Ordinance is proposed for amendment as follows: The addition of new Subsection 21.95.040(A) to exempt: (1) one single family dwelling unit on a residentially zoned lot; (2) additional development (i.e. regrading, slope alteration or building encroachment) of previously graded slopes which are located on a single lot; and (3) the development of underground utility systems from having to process a Hillside Development Permit. ZCA 96-04/LCPA 96-01 -t1iLLSIDE ORDINANCE AMENDMEJ'..1 October 15, 1997 Pae 3 b. However, in order to ensure that the grading and structural development associated with these Hillside Permit exemptions are consistent with the purposes of the Hillside Ordinance, this new Exemption Subsection mandates that "any development (i.e. grading and architecture), associated with the development of one single family unit on a residentially zoned lot and the additional development of previously graded slopes on a single lot (proposed exempted projects), which encroaches into or on top of a natural or manufactured slope which has a gradient of 15% or more and an elevation differential greater than 15 feet, shall still be required to comply with the Hillside Development and Design Standards of the Ordinance (Section 21.95.120) and the City's Hillside Development Guidelines, and shall be evaluated for compliance through required grading plan and/or building plan review processes." Any exemption which does not comply with Section 21.95.120 of the Ordinance and the Hillside Development Guidelines shall be required to process a Hillside Development Permit. The benefits associated with this ordinance amendment are that applicants (i.e. owner-builders) proposing to build a single family residence upon an existing residential lot within the City will be spared the time (from I to 2 months) and expense ($120.00 per single family residence) of having to process a Hillside Development Permit in addition to required grading and/or building permits. Similar benefits (i.e. a $400.00 HDP application savings) will accrue to developers of previously graded industrial, commercial or residential lots in that a Hillside Development Permit would not be required in addition to other required discretionary permits (i.e. Planned Industrial Permit (PIP), or Site Development Plan(SDP)), or ministerial permits (i.e. building permit or grading permits). c. The existing Hillside Ordinance specifies that "no property which has a slope of 15% or more and an elevation differential greater than 15 feet shall be developed unless a Hillside Development Permit (HDP) has been issued." Experience has shown that the requirement to process an HDP is clearly unnecessary under the scenario that a proposed development does not encroach upon the identified 15+ foot high 15% slope area(s) on a given property. Accordingly, the following Hillside Ordinance amendment is proposed: The addition of new Section 21.95.030(A) to specify that a Hillside Development Permit would only be required if a person proposes to grade, erect or construct into or on top of a slope which has a gradient of 15% or more and an elevation differential greater than 15 feet. • The benefit of this revision is that a Hillside Development Permit would no longer be required for those projects which are not proposing to develop ( encroach upon) onsite 15+ foot high, 15% and greater slope areas. 2. Clarifying and Simplifying the Ordinance A number of Hillside Ordinance revisions and a Zoning Ordinance rev1s1on are being recommended for the purpose of clarifying and simplifying the Ordinance to make it more ''user ZCA 96-04/LCPA 96-01 -n!LLSIDE ORDINANCE AMENDMIThi 1 October 15, 1997 Page4 friendly." These revisions include revising the Purpose and Intent Section to clarify and focus the objectives of the Hillside Ordinance, the clarification of Zoning Ordinance· provisions with respect to whether manufactured slopes of greater than 40% gradient are developable, the definition (quantification) of the term "sufficiently setback," the addition of new Ordinance sections dealing with Amendments, Applications and Appeals and the reorganization of Ordinance subsections to make the Hillside Ordinance more readable and understandable. a. Section 21.95.010 Purpose and Intent, is proposed for amendment. to distill the existing nine separate, yet overlapping, ordinance objectives into four more focused and clear objectives including: I. Implementing the Land Use and Conservation Element hillside preservation related goals and objectives of the General Plan; 2. Ensuring that hillside conditions on a project basis are incorporated into the Planning Process; 3. Preserving the aesthetic qualities of natural hillsides and manufactured slopes; and 4. Assuring that hillside alteration is done in an environmentally sensitive manner. This revision provides more organization to the ordinance through the establishment of clear and focused ordinance objectives which directly relate to the development standards and required findings of the Hillside Ordinance. The following discussion addresses the Zoning Ordinance clarification regarding whether manufactured slopes of greater than 40% gradient are or aren't developable. b. Existing Section 21.95.030(b)(4) of the Hillside Ordinance states that "no de~elopment or grading can occur on undevelopable portions of a property, as defined by Section 21.53.230 of the Carlsbad Municipal Code." Section 21.53.230 specifies that undevelopable lands include slopes with a gradient of greater than 40%. This section of Code does not address whether manufactured slopes of greater than 40% gradient are undevelopable. However, existing Section 21.95.090(b) of the Hillside Ordinance does state that "areas previously disturbed by authorized grading may be excluded from the requirements of the Hillside Ordinance." Consistent with this provision, the City has historically allowed limited development of manufactured slopes of greater than 40% gradient through the Hillside Development Permit process. Accordingly, the following clarifications are proposed to Chapter 21.53 of the Zoning Ordinance and to the Hillside Ordinance to allow the development of "manufactured slopes" of greater than 40% gradient. A revision to existing Section 21.53.230(b)(4) of the Zoning Ordinance to clarify that "natural slopes" ( and not "manufactured slopes'') with a gradient of greater than 40% shall be undevelopable. As part of this revision, a new Hillside Ordinance Section 21.95.020 (D~FINITIONS) has been added and includes definitions for "manufactured ZCA 96-04/LCPA 96-01 -n1LLSIDE ORDINANCE AMENDME!'l.1 October 15, 1997 Pae 5 slope" and "natural slope". As discussed later in this report, new standards for the development of manufactured slopes {including those greater than 40% gradient) are proposed to be added to the Hillside Ordinance. In that the development of manufactured slopes will continue to be subject to the development standards of the Hillside Ordinance, Subsection 21.95.0lO{C) {PURPOSE AND INTENT) has been modified to specify that the Ordinance is intended to "Preserve and/or enhance the aesthetic qualities of natural hillsides and manufactured slopes ... " The benefits of these revisions are that: the existing confusion within the Hillside Ordinance and the Municipal Code is corrected whereby manufactured slopes of greater than 40% gradient would be allowed to be developed; and that the Purpose and Intent provisions of the Hillside Ordinance have not been compromised in that the development of "manufactured slopes" would continue to be reviewed {through grading plan and/or building plan review processes) for compliance with the development standards provisions of the Ordinance. b. An Ordinance revision is proposed to define {quantify) the term "sufficiently set back" as follows: The existing Ordinance specifies that "buildings proposed for development on hilltops and on pads created on hillsides shall be sufficiently set back from the adjoining downhill slope." This proposed amendment to new Subsection 21.95.120{1) (Building Setbacks), quantifies the term "sufficiently set back" through the addition of a specific building setback standard from a downhill natural or manufactured slope which is greater than 15 feet in height as follows: 1. A minimum of six-tenths (0.6) foot for every one (1) foot of building height. For example, on a residential lot with the property line running along the top of the downhill slope, a 25 foot tall dwelling unit \\:Ould require a 15 foot setback {25' x 0.6 = 15') and The required slope edge building setback would not be less than the minimum setback requirements of the underlying zone and would apply to main and accessory buildings on a lot. For example, an 8 foot tall tool shed (accessory structure) would be required to comply with the underlying zone (5 foot minimum setback) rather than the 4.8 foot setback (8' x 0.6 = 4.8') which would otherwise be required pursuant to this standard. The proposed edge of slope setbacks would not apply to: (1) manufactured or natural slopes which are less than or equal to 15 feet in height; (2) downhill slopes which are located along the sideyards of residential lots; (3) substandard residential lots where the top/edge of slope setback standard would preclude a reasonable use of the property; and (4) the intervening slopes of split level pads which are located on a single lot, but would apply to the edge of slope of the lowest pad. If the edge of a downhill manufactured slope is regraded (filled) and a vertical retaining structure (wall) is used, then the required building setback would be measured from the edge of slope which existed prior to regrading. ZCA 96-04/LCPA 96-01 -n1LLSIDE ORDINANCE AMENDMJTh 1 October 15, 1997 Page6 Even without an existing quantified slope edge building setback standard, staff has historically negotiated a minimum building setback of 15 feet. The proposed building setback standard will provide an adequate separation between slope and structure. The benefit of this proposed revision is that specific ( quantified) and reasonable building setback standards from edge of slope, which achieve an intended Ordinance objective (the elimination or reduction of views of vertical building forms which would be incompatible with hillside landforms) are clarified within the Ordinance. This revision will provide clear direction for Hillside Development Permit applicants and staff, thereby enabling easier resolution of related setback issues and consequently expedited permit processing. c. A new section (21.95.050) addressing Amendments to Hillside Development Permits has been incorporated into the Ordinance. This new section includes: (1) the procedure for applying for a Hillside Development Permit Amendment, which is similar to other permit amendment procedures (e.g. PUDs and Master Plans) which exist within the zoning ordinance; (2) the criteria for when an amendment is required; and (3) the process for review of a HDP Amendment. Specifically, a Hillside Development Permit Amendment is required for any project which has an approved Hillside Development Permit, that is proposed for redesign and is not exempted from a Hillside Development Permit. An amended project would be evaluated for compliance relative to the Hillside Ordinance Development and Design Standards (i.e., Section 21.95.120). The process for review of a Hillside Development Permit Amendment is the same as for the adoption of a Hillside Development Permit. d. New Sections (21.95.060 and 21.95.070) addressing Applications for Hillside Development Permits and Review Process have been added to the Ordinance. Section 21.95.060 includes the procedures for processing a Hillside Development Permit for review and a provision that a permit processing fee will be charged. Revised Section 21.95.070 (Review Process) specifies that Hillside Development Permit Exemptions shall be evaluated for compliance with the standards of the Hillside Ordinance (Section 21.95.120) through the grading plan and/or building plan review processes. e. New Section 21.95.080 (Appeals) specifies that appeals of. decisions on Hillside Development Permits shall be processed utilizing the same appeal procedures applicable to the other discretionary permits which are processed concurrent with the Hillside Development Permit request. Decisions regarding Hillside Development Permit Exemptions would be appealed using the same appeal procedure applicable to grading and/or building permits. f. The existing Hillside Ordinance includes three separate sections (21.95.070 - Modifications to the development and design standards, 21.95.080 -Non-residential development and 21.95.090 -Exclusions) pertaining to Hillside Ordinance exclusions or modifications. These three sections are proposed for revision for the purpose of clarifying the Ordinance. The revisions include: - ZCA 96-04/LCPA 96-01 -n1LLSIDE ORDINANCE AMENDMEh 1 October 15, 1997 Pae 7 1. Revising Section 21.95.130 (Exclusions) to specifically exclude the following from the requirements of the Hillside Ordinance without the necessity of decisionmaking body approval: (1) Hillside areas where a Circulation Element roadway or collector street must be located; • (2) Grading volumes, slope heights and graded areas which are directly associated with Circulation Element roadways or collector streets; and (3) Hillside areas that have unusual geotechnical or soil conditions that require significant grading associated with corrective work. ii. Revising Section 21.95.140 (Modifications to the Development and Design Standards) to add the existing non-residential development standards modification provision (existing Section 21.95.080) to this Section and to delete Circulation Element roads and sites with unusual geotechnical/soils conditions from this Section. These two existing modification types are proposed as blanket exclusions, as discussed above. g. The overall Ordinance has been reorganized, i.e. reorganiz.a.tion of section sequence and elimination of duplicative provisions, for the purpose of making it more usable and clear, as follows: 1. Delete existing Section 21.95.030 (GENERAL RESTRICTIONS). The provisions of this Section have been incorporated into new Sections 21.95.030 (APPLICABILITY OF HILLSIDE DEVELOPMENT PERMIT), 21.95.070 (REVIEW PROCESS) and 21.95.090 (REQUIRED FINDINGS). These new Ordinance Sections more clearly identify for the user where such important Ordinance provisions are located. 11. Delete existing Section 21.95.040 (RESIDENTIAL DENSITY CALCU- LATION). The provisions of this Section are adequately and more appropriately covered under existing Carlsbad Municipal Code Seqtion 21.53.230 (RESIDENTIAL DENSITY CALCULATIONS, RESIDENTIAL DEVELOP- MENT RESTRICTIONS ON OPEN SPACE AND ENVIRONMENTALLY SENSITIVE LANDS). 111. Revise existing Section 21.95.090 (EXCLUSIONS). The exemption provision of this Section (21.95.090(a)) has been incorporated into new Section 21.95.040 (EXEMPTIONS FROM HILLSIDE DEVELOPMENT PERMIT) and the exclusion provisions of existing Section (21.95.090(b)) have either been incorporated into new Section 21.95.130 (Modifications) or revise4 and incorporated into new Section 21.95.120(B). ZCA 96-04/LCPA 96-01 -hlLLSIDE ORDINANCE AMEND~ 1 October 15, 1997 Page8 iv. Delete existing Subsections 21.95.060(c)(l) (Area or Extent of Grading) and (2) (Modifications). The volume of grading provisions have been incorporated into new Subsection 21.95.120(0) (Volume of Grading) and Area of Grading provisions have been deleted and a definition for "Total Graded Area" has been added to Definitions Sections 21.95.020. The modifications provisions within Subsection 21.95.060(c)(2) are also adequately covered under Section 21.95.140 (MODIFICATIONS TO THE DEVELOPMENT AND DESIGN STANDARDS). v. Delete provisions of existing Subsection 21.95.070(c) that deal with required landscaping of manufactured slopes or other graded areas which are app!oved as modifications to existing Hillside Ordinance Standards. These provisions are unnecessary in that they are adequately covered within the City's Landscape Manual policies and Grading Ordinance. vi. Revise Local Coastal Program Hillside provisions (new Section 21.95.120(A)) to directly reference the applicable Coastal Overlay Zones (Chapters 21.38 and 21.203) of the Zoning Ordinance. vii. Revise Section 21.95.120(0) (Screening of Manufactured Slopes) to specify that all manufactured slopes shall be landscaped consistently with the City's Landscape Manual. viii. Revise Section 21.95.120(H) (Hillside and Hilltop Architecture) to delete the architectural standards from the Ordinance. These standards will be incorporated into the City's Hillside Development Guidelines manual and Section 21.95.120(H) will specify that Hillside and hilltop structures shall be consistent with the architectural guidelines included within the City's Hillside Development Guidelines manual. 1x. Revise Sections 21.95.120(1) and 21.95.120(K) to delete the specific Roadway Design and Hillside Drainage standards from the Ordinance. These standards will be incorporated into the City's Hillside Development Guidelines manual and these sections of the Ordinance will specify that Roadway Design and Hillside Drainage shall be consistent with the City's Hillside Development Guidelines Manual. 3. New Development Standards a. An integral component of the aforementioned Ordinance rev1s10n to allow the development of manufactured slopes of greater than 40% gradient and to exempt the development of manufactured slopes on a single lot, which were graded consistent with a previously authorized grading permit from having to process a Hillside Development Permit is the establishment of adequate development standards to regulate the development of such slopes. Accordingly, new manufactured slope development standards are proposed to be added as new Subsection 21.95.120(C) (Development of Manufactured Slopes of Over 40% Gradient). The proposed manufactured slope ZCA 96-04/LCPA 96-01 -htLLSIDE ORDINANCE AMENDMTh 1 October 15, 1997 P e9 development standards apply to manufactured slopes with gradients of greater than 40% which have an elevation differential of greater than 15 feet which are located along perimeter property lines. No Ordinance restrictions are recommended to be placed upon interior manufactured slopes (those not located along perimeter property lines) which are located on a single lot due to the facts that these slopes typically do not include significant natural resources, and are generally less visible from public roads than perimeter slopes. There are different standards for "downhill" manufactured slopes and "uphill" manufactured slopes. New Section 21.95.020 (DEFINITIONS) includes definitions for "downhill perimeter slope" and "uphill perimeter slope". Development that would be permitted on Downhill Perimeter Slopes includes: the construction of a maximum 6 foot tall retaining wall and the placement of additional fill material behind the wall to extend the pad area of a property (see Exhibit "A"), the construction of a deck, or the grading (cutting) of a pad area into the slope (see Exhibit "A") for the purpose of once again increasing the pad area. No structures would be allowed to be developed on the manufactured pads which are developed along a slope face. The proposed Uphill Perimeter Slope development standards would allow grading ( cutting) into the slope and building a maximum 6 foot tall retaining wall to increase the pad area of a property (see Exhibit "B") or constructing a main or accessory building on top of the slope to the same point within that slope that a maximum 6 foot tall retaining wall would be located (see Exhibit "B"). Because Uphill Perimeter Slopes (including development upon them) would typically only be visible to the owner of the subject property, a provision has been included to allow uphill slope encroachment to the required building setbacks of the underlying zone for the construction of decks (see Exhibit "C"). Manufactured slopes developed pursuant to these standards would also be subject to the other Hillside Development standards within Section 21.95.120. b. Revise the existing contour grading standard (new Subsection 21.95.120(F)(l) to specify that all manufactured slopes which are greater than twenty (20) feet in height and two hundred feet in length and are located adjacent to or are substantially visible from a public or private street or public open space area, shall be contour graded. The existing Hillside Ordinance specifies that contour grading shall only be required when a manufactured slope of greater th.an 30 feet in height or 200 feet in length is created. As a consequence, the typical manufactured slope developed within the City pursuant to these provisions is less than or equal to 30 feet in height and 200 feet in length and is not contour graded. The proposed standard modification would require manufactured slopes which are greater than 20 feet in height (rather than 30 feet in height) and 200 feet in length which are located adjacent to or are substantially visible from public or private streets or public open space areas to be contour graded. The benefit of this revision, is that the requirement to contour grade is more appropriately focused on those manufactured slopes which are most visible to the public (along public and private streets and public open space areas). Slopes which are less-visible (i.e. those located along rear and sideyards which are typically screened by fences and structures) would not be required to be contour graded. Another benefit of revising the contour grading standard from greater than 30 feet in height/200 feet in length to greater than 20 feet in height/200 feet in length is that a greater number of more natural appearing contoured slopes will ZCA 96-04/LCPA 96-01 -1.t1LLSIDE ORDINANCE AMENDMTh 1 October 15, 1997 Page 10 be created, thereby satisfying one of the primary objectives of the Hillside Ordinance, which is to ensure that hillside development preserves the natural appearance of hillsides. Consistent with this objective and revision a definition for "contour grading" has also been added to new Section 21.95.020 (DEFINITIONS). c. Revise the existing permitted manufactured slope height standard (new Subsection 21.95.120(E)(l)) from 30 feet to 40 feet. The existing ordinance specifies that manufactured slopes shall not be greater than 30 feet in height. This standard appears to be based primarily upon the Engineering Department standard to construct drainage benches in manufactured slopes which are greater than 30 feet in height. An unintended effect of restricting manufactured slope heights to 30 feet is that in terraced hillside developments, where structures range from 24 to 35 feet in height, there is no apparent landscape relief between structures located on the terraces (see Exhibit "D"). The net effect is that from view corridors (roads), hillside development appears to be dominated by structures. The proposal to revise the manufactured slope height standard from 30 feet to 40 feet will allow for a minimum 10 feet of vertical landscaped separation between typical residential structures which are terraced along a hillside (see Exhibit "E"). d. Amend Subsections 21.95.130(A)(l) and 21.95.130(A)(2) to: exclude collector streets from having to comply with the development prohibition of natural slopes which hav~ a gradient of greater than 40%, exclude collector streets from having to comply with the maximum 40 foot high manufactured slope standard, to allow the graded area and grading volumes associated with the construction of both Circulation Element Roads and collector streets to be excluded from project grading area and grading volume totals provided that the proposed road alignment is environmentally preferred and complies with all other City standards. The Hillside Ordinance currently excludes Circulation Element Roads from complying with the development standards of the Hillside Ordinance. This Ordinance exclusion was based upon the realization that the construction of the City's major circulation system could not comply with the Hillside Ordinance development standards due to the existence of significant topographic constraints throughout the entire City. Collector streets generally intersect with Circulation Element Roads and provide primary or secondary access to residential neighborhoods and nonresidential projects. Because the grading required to construct a collector street is generally determined by the alignment and grade of the intersecting Circulation Element Road, it is recommended that collector streets be similarly excluded from complying with Hillside Ordinance development standards provided that the proposed road alignment (Circulation Element and/or collector) is environmentally preferred and complies with all other City standards. Consistent with this objective and revision, a definition for "collector street" has also been added to new Section 21.95.020 (DEFINITIONS). The proposed revision to exclude graded areas and grading volumes associated with Circulation Element Roads from project graded area and grading volume totals is an Ordinance clarification, in that existing Section 21.95.090 excludes Circulation Element Roads from the requirements of the Ordinance. For ~e reasons discussed above, staff is also recommending that graded areas ZCA 96-04/LCPA 96-01 -tJ.J.LLSIDE ORDINANCE AMENDMTh 1 October 15, 1997 Page 11 and grading volumes associated with collector streets likewise be excluded from project graded area and grading volume totals. e. Modify the provisions within the Hillside Ordinance and Uses Generally Chapter (21.53.230(c)), which prohibit the development of slopes with a gradient of greater than 40%, to allow the development of such slopes. As discussed earlier in this report, the Hillside Ordinance and Section 21.53.230 of the Carlsbad Municipal Code currently prohibit the development of slopes with gradients of greater than 40%. The existing prohibition provision (Section 21.95.030(b )( 4)) of the Hillside Ordinance specifies that "no development or grading can occur on undevelopable portions of a property (i.e. slopes with an inclination of greater than 40% or more), as defined by Section 21.53.230 of the Carlsbad Municipal Code". The specific wording in Section 21.53.230 of the Carlsbad Municipal Code was prepared based upon the recommendations of the Citizens Committee for the Review of the Land Use Element of the Carlsbad General Plan (1985). A review of the Citizens Committee minutes pertaining to slopes with gradients of greater than 40% reveals that the primary objectives were to not allow residential density credit for such slopes and to not allow the development of such slopes when they comprise prominent topographic features of a property. However, it was never the intent of the Citizens Committee to outright prohibit the • development of such slopes. A strict interpretation of Section 21.53.230 could preclude the ability to develop much of the remaining vacant hillside property within the City. Based upon· this realization, the existing Hillside Ordinance (Section 21.95.090) was written to include various "Exclusions" from the standards of the Hillside Ordinance including: (1) slopes with gradients of greater than 40% which are less than 15 feet in height and less than 4,000 square feet in area, which are not a part of the surrounding generalized slope and (2) small, isolated ravine (slopes of greater than 40% gradient) where there is no substantial evidence that the project will have a significant impact on the environment as determined by the Planning Director. The City has historically allowed the development of such slopes pursuant to these exclusions. However, these specific exclusions are not broad enough in their definition to allow for the development of other slopes with gradients of greater than 40% ~hich are not prominent land.form features worthy of preservation. In order to: (1) more accurately address one of the intended objectives of the Citizens Committee (1995) and of the Hillside Ordinance, which is the preservation of prominent landform features; and (2) provide specific measurable criteria (slope height and land area) which more accurately define what a prominent landform feature is, a standard modification is proposed. The proposed standard modification would delete the above noted two exclusions for slopes with gradients of greater than 40% and replace these exclusions with the following standard (new Subsection 21.95.120(8)): "Natural slopes which have all of the following characteristics shall be undevelopable: 1. A gradient of greater than 40%; and 2. An elevation differential of greater than 15 feet; and 3. A minimum area ofl0,000 square feet; and 4. The slope comprises a prominent land form feature. ZCA 96-04/LCPA 96-01 -.t.uLLSIDE ORDINANCE AMENDME1'11 October 15, 1997 Page 12 The above noted standard addressing permitted development of slopes with gradients of greater than 40%, references (Section 21.95.120(B)(2)) permitted exceptions (exclusions or modifications included in Sections 21.95.130 and 21.95.140 of the Hillside Ordinance). These modifications include the same exclusions/modifications currently included within the Hillside Ordinance (i.e. sites which require more grading due to geotechnical or soils problems, extensive grading required to accommodate a circulation element road or collector street and cases where significantly more open space would be achieved in addition to an additional modification (see f below)). Consistent with this proposed revision, Section 21.53.230(b)(4) of the Carlsbad Municipal Code has also been modified to specify that no residential development shall occur on slopes with gradients of greater than 40% gradient except as permitted punuant to Section 21.95.ll0(B) of the Carlsbad Municipal Code. f. The existing Hillside Ordinance includes three findings to allow for modifications to the Development and Design Standards of the Hillside Ordinance. An additional finding (Subsection 21.95.140(A)(2)) to allow for the modification to the Development and Design Standard, is proposed as follows: "The proposed modification will result in the development of manufactured slopes which are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of the ordinance." This finding is proposed to enable and encourage the development of creatively designed manufactured slopes, (i.e. slopes rich in horizontal and vertical undulation) which would be more aesthetically pleasing than the natural landforms or manufactured slopes that the standards of the ordinance would otherwise achieve. B. General Plan The General Plan Land Use and Open Space and Conservation Elements include a number of hillside preservation and design policies which are listed below. 1. Land Use Element Policy C.3 -"Ensure that grading for building pads and roadways is accomplished in a manner that maintains the appearance of natural hillsides." 2. Open Space and Conservation Element Policy C.3 -"Assure that development on . hillsides relates to the slope of the land in order to preserve the integrity of the hillsides." 3. Open Space and Conservation Element Policy C.12 -"Require that grading be accomplished in a manner that will maintain the appearance of natural hillsides and other landforms where possible." ZCA 96-04/LCPA 96-01 -.tuLLSIDE ORDINANCE AMENDME~ 1 October 15, 1997 Page 13 4. Open Space and Conservation Element Policy C.14 -"Implement ordinances limiting the density, intensity and character of development of hillside areas and ridges, and provide standards for sensitive grading where development of hillsides is allowed." This proposed Hillside Development Ordinance amendnient is consistent with the applicable policies and programs of the· General Plan in that the hillside development and design standards which are proposed will function to regulate the grading and development of hillsides, thereby preserving the appearance and integrity of natural hillsides and manufactured slopes. C. Local Coastal Program Currently the LCP implementation does not include the Hillside Ordinance. However, Subsection 21.95.120{D) of the existing Hillside Ordinance specifies that, "All development on slopes of twenty-five percent or greater within the coastal zone shall comply with the requirements of the coastal overlay zone." This specific development standard has been supplemented with the following provision: a. That all hillside development processed pursuant to this Chapter shall be consistent with all applicable provisions of the certified Local Coastal Program and will not result in significant adverse impacts to coastal resources. With this proposed amendment, the Hillside Development Ordinance is clearly consistent with applicable coastal policies {including the slope preservation policies) of Carlsbad's Local Coastal Program. Any hillside development proposal within the Coastal Zone shall be required to comply with all applicable Local Coastal Program policies and provisions. The LCP amendment will add the amended version of the Hillside Ordinance and the modifications to Chapter 21.53.230 to the implementation portion of all of the City's LCP segments. This will accomplish the required consistency between the City's Zoning Ordinance and its LCP. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this Zone Code Amendment/Local Coastal Program Amendment {ZCA/LCPA) to amend the City's Hillside Development and Uses Generally regulations {Chapters 21.95 and 21.53 of the Carlsbad Municipal Code), will not have a significant impact on the environment and therefore has issued a Negative Declaration on March 8, 1996. The environmental analysis {EIA Part II) concluded that this ZCA/LCPA will not result in any physical, biological or human environmental impacts because future development projects processed pursuant to this amended Hillside Ordinance will be subject to project specific environmental review and the revised development standards are comparable to the existing standards with respect to environmental protection. Therefore, no significant environ,nental impacts are anticipated to occur. There were no letters of comment received during the public review period for this Negative Declaration. ZCA 96-04/LCPA 96-01 -.ttlLLSIDE ORDINANCE AMENDMEN 1 October 15, 1997 Page 14 ATTACHMENTS: 1. Planning Commission Resolution No. 3939 2. Planning Commission Resolution No. 3940 3. Plam_ring Commission Resolution No. 3941 4. Attachment "A" (Strikeout/Highlight version of amended Ordinance) 5. Exhibits "A"-"E". CD:br ATTACHMENT "A" 21.95.010 PURPOSE AND INTENT The purposes and intent of this Chapter the hillside do1i1olopFR0At r:egt:1lati0As is are to: A. Implement the ~ goals and objectives of the Land Use and Open Space/Conservation Elements of the Carlsbad General Plan; B. Assure hillside conditions are properly identified and incorporated into the planning process; C. D. E F. G. l=I. I. Preserve and/or enhance the a healthful aRd aosthotieally ploasiRg 0A¥iFORFReAt ey asst:1Fing that hillside do•,elopFReRt is pleasiRg to the eye, Fish iR •.taFiety, highly identifiable, aRd r:efloets tho eity's et:1ltt:1Fal and eR¥iFORFReAtal valt:1es; aesthetic qqalities of natural hillsides and manufactured slopes by designing projects which relate to the slope of the land, minimizing the amount of project grading, and incorporating contour grading into manufactured slopes which are located in highly visible public locations; Eneot:1Fago eroati¥Oly dosigAod hillside de•.telopFReAt whieh F0E1t:1iFiRg a FRiRiFRal amot:1nt of gFading; Assure that the alteration of natural hillsides will be done in an environmentally sensitive manner whereby lagoons and riparian ecosystems will be protected from increased erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur; Rodt:100 tho iAtensity ef de>,olopmeRt OR hillside ar=Qas to eASl:IFO all de•,elopFReRt that does ossl:IF is sompatiblo •.tJith the e*istiRg topogFaphy. EOFd. 9826 § 2 Epart), 1987) l\ssl:IFO propm design is 1:Jtili2:od iR gFaEiiRg, laREiseapiRg aREi iR the eevelopmoRt of stF1:Jett:1rns anel maelways to pr:esewo tho nat1:JFal appoaFaAee of hillsieles; l\ssl:IF0 t=lillsielo altoFatioR w.till Rot FOSl:llt iA s1:JbstaAtial daFRage OF alteFatioA of signifieaAt Rat1:JFal FOso1:1FGe ar:eas, wilellife haeitats OF Rati•,o •.tegetatioR ar:eas; Pr:eseFYe the Rat1:Jral appearaReo of hillsiees ey ass1:1FiAg that dO'lelopFReAt elensity aAel intoAsity rolates to the slope of the laRd, aREi is eoFRpatiele with hillsiEio pFOsewatioR; PF0¥0Rt OFOSion aAd pFOtoet tho lagoORS ffeFR 0*606SitJO siltatioR; 21.95.020 DEFINITIONS A. Whenever the following terms are used in this Chapter, they shall have the meaning established by this section: -1-H:\ADMIN\STAFF\ZCA\ZCA9604.AlT 1. "Collector streef' means any street with a minimum right-of-way width of 60 feet which intersects with a Circulation Element Road and provides either primary or secondary access to a residential or non-residential project. 2. "Contour grading" means a grading concept designed to result in earth forms which resemble natural tem,in characteristics. Horizontal and vertical curve variations should be used for slope banks. 3. "Developmenf' means grade, erect or construct . 4. "Downhill Perimeter Slope" means a slope located between a pad or gently sloping portion (gradient is less than 10¾) of a single lot and the property line that is at a lower level than the pad on gently sloping area of the lot. 5. "Grade" means to excavate or fill or any combination thereof. 6. "Manufactured slope" means a man-made slope consisting wholly or partially of either cut or fill material. 7. "Natural slope" means a slope which is not manufactured. 8. "Project" means any proposal for "development". 9. "Slope_" means ground that forms a natural or artificial incline. 1 0. "Total Graded Area" means all areas of project grading (both on-site and off-site) which are necessary to enable the achievement of the project • 11. "Uphill Perimeter Slope" means a slope located between the pad or gently sloping portion (gradient is less than 10¾) of a single lot and a property line located at a higher level than the pad or gently sloping area of the lot. 21.95.030 APPLICABILITY OF HILLSIDE DEVELOPMENT PERMIT Q&NliRAb Rli&TRICTION& A. No person shall grade, or erect, or construct into or on top of a slope which has a gradient Ne l:)F81:)er:ty witl=I a sler:>e of fifteen percent (15%) or more and an elevation differential greater than fifteen (15) feet &Ra41 without first obtaining a Hillside Development Permit pursuant to this Chapter. tile ee\teleped YRless a Aillside do¥elopFReRt l:)eFFRit t:las beeR issYod. B. Any application for a Hillside Development Permit which was deemed complete prior to the effective date of the ordinance reenacting this -2-H:\ADMIN\STAFAZCAIZCA9804.ATT Chapter, shall not be subject to the amended provisions of this Chapter but shall be processed and approved or disapproved pursuant to the ordinance superseded by this ordinance. 21.95.040 EXEMPTIONS FROM HILLSIDE DEVELOPMENT PERMIT A. Notwithstanding the provisions of Section 21.95.030, the following need not obtain a Hillside Development Permit, provided that the development complies with Section 21.95.120 of this Chapter and the City's Hillside Development Guidelines: 1. The development of one single family dwelling unit on a residentially zoned/at 2. On a single lot, the additional development (i.e.; regrading, slope alteration or building encroachment) of or upon any manufactured slope with a gradient of 40% or greater and an elevational difference (height) of 15 feet or greater which has been previously graded consistent with an authorized grading permit. 3. The development (trenching, utility construction and backfilling) of underground utility systems. B. Any .development exempted by 21.95.040(A) above, which does not comply with Section 21.95.120 and the City's Hillside Development Guidelines, must obtain a Hillside Development Permit or Hillside Development Permit Amendment pursuant to this Chapter. C. Any project that has received final approval of a Hillside Development Permit prior to the effective date of this ordinance is exempted from the provisions of this Chapter, provided that such permit or approval has not expired or is not otherwise revoked, and the development is in accordance with the· existing Hillside Development Permit and related approvals. 21.95.050 AMENDMENTS TO HILLSIDE DEVELOPMENT PERMITS A. An amendment to a Hillside Development Permit shall be processed in the same manner as an original application for a Hillside Development Permit B. Unless exempted by Section 21.95.040, a Hillside Development Permit Amendment shall be required for any project that is proposed for redesign. 21.95.060 APPLICATION Application for a Hillside Development Permit shall be made in accordance with the procedures set forth in this Section. -3-H:IADMIN\STAFF\ZCAIZCA9804ATT A. An application for a Hillside Development Permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the Planning Director upon forms provided by the Director. The application shall be accompanied by adequate plans, which allow for detailed review pursuant to this Chapter and demonstrate compliance with Hillside Mapping Procedures in Section 21.95.110, a legal description of the property and all other materials and information specified by the Director. B. At the time of filing the application, the applicant shall pay a processing fee in an amount specified by City Council resolution. 21.95.070 REVIEW PROCESS A. Hillside Development Permit -An application for a Hillside Development Permit or Hillside Development Permit Amendment shall be processed and approved concurrently with any other development permits required by Titles 11, 18, 20 or 21 of this code. The same decisionmaking body or official which has the authority to finally approve, conditionally approve or deny the other development permits required for the project shall have the authority to finally approve, conditionally approve or deny a Hillside Development Permit. Amendments to Hillside Permits shall be acted on by the same decision making body that approved the original Hillside Permit and any subsequent Hillside Permit Amendments. B. Exemptions -Development satisfying the Hillside Development Permit Exemptions, set forth in Section 21.95.040, shall be evaluated for compliance with Section 21.95.120 through required grading plan and/or building plan review processes. 21.95.080 APPEALS A. Hillside Development Permits -The decision of the final decision making body or official is final and effective ten calendar days after the adoption of the resolution or written decision, unless within such ten-day period the applicant or any other interested person files a written appeal utilizing the same appeal procedure applicable to the other permits which are processed concurrently with the Hillside Development Permit If no other discr,tionary permits are being processed concurrently with the Hillside Development Permit, then the appeal procedures contained in Section 21.54.140 shall apply. -4-• H:IADMIN\STAFF\ZCA\ZCA9604ATT B. Decisions regarding Hillside Development Permit Exemptions, which are reviewed through the grading plan and/or building plan review processes, may be appealed to the City Council utilizing the same appeal procedure applicable to grading permits and/or building permits. 21.95.090 REQUIRED FINDINGS A. No A hillside development permit shall b~ approved unless the decision making body or official finds that: ORiy if all of the fellewiRg fiRdiRgs saR se made: 1. +Rat Undevelopable areas of the project, pursuant to Subsection 21.53.230(b) of this Code, have been properly identified; 2. The project complies with the Purpose and Intent provisions of Section 21.95.010 of this Chapter. 3. That tho elo>.telopFReRt pFOposal aRd all applieaslo dO¥olepFReRt appFo¥als and permits are sonsistont \•.tith the p1:1Fposo, intent aRd reet1:1irem0Rts ef this Chapter; The project complies with Section 21.95.120 of this Chapter, and Section 21.95.140 if a modification to the Development and Design Standards is approved. 4. Tt:\at no E1011olopR-1ent OF graEling will ooour in tt:\ose t>OFtions of tl:le pFOperty wt:tish aFO undewloJ:)aslo p1:1rs1:1ant to tl:le pFovisions of Sostion 21.53.230; 5. That tho projoet design and lot 0onfig1:1ration R-liniFRii!:os dist1:1rsanso ef hillside lands; 4. +t:\at The project design substantially conforms to the intent of tt:to sensepts i111:1stFated in tho Hillside Development Guidelines manual. ~ NS 37 § 1 {part), 1988; Ord. 982e § 2 {part), 1987) 21.95.100 MINIMUM DEVELOPMENT OF HILLSIDE LANDS The provisions of this Chapter shall be applied so as to: A. Not preclude a reasonable use of a legal t:tillsido parcel which includes hillside conditions as regulated by this Chapter was legally oMisting on tt:to date of tho ordinanso adopting tt:tis shapter; B. Not preclude the efficient and safe provision of public facilities or services to any legal parcel ieontifioei in s1:1bsestion ~a) of this sestion; and C. Allow development of at least one single family dwelling unit per parcel described -5-H:\ADMIN\STAFF\ZCA\ZCA9604.ATT - in subsection A. ~OFEt. 9828 § 2 ~par=t), 1987) 21.95.110 HILLSIDE MAPPING PROCEDURES A slope analysis and slope profiles shall be illustrated on a constraints map, and shall accompany all development submittals for propor=tios tl:lat l:la¥o aRy which propose grading or.development of slopes which have a gradient iR eKsoss of fifteen percent or more and have an elevation differential greater than fifteen feet. A. Slope Analysis. The $slope analysis shall identify the acreage of all natural and manufactured slopes within aREI persoRtago ef each of the following slope categories for easl:l geReral plaR laREI 1:1so ElosigRatieR aREI i!0R0 of tl:le site: 1. 2. 3. 4. 0-less than 15% slopes 15-less than 25% slopes 25 loss tl:laR 40% slopes and 4 0114 er greater slopes greater than 40% a. Percentage of slope is determined by: Vertical Distance (Contour interval) Horizontal Distance x JOO = %_Slope (Distance between contour intervals) B. Slope Profiles. A minimum of three slope profiles (slope cross sections) shall be included with the submittal of the slope analysis on the constraints map. Slope profiles shall: 1. Be drawn at the same scale and indexed or keyed to the constraints map, grading or preliminary grading plan and project site map; 2. Show both existing and proposed topography, structures and surface infrastructures. Proposed topography, structures and infrastructure shall be drawn with a solid heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or dashed line; 3. Include the slope profile for at least one hundred feet ffeFR outside of the project site boundary or adjacent public street; 4. Be drawn along those locations of the project site where: a. The greatest alteration of the existing topography is proposed, -6-H:IADMINISTAFAZCA\ZCA9604ATT C. D. b. The most intense or bulky development is proposed, and c. The site is most visible from surrounding land uses; 5. Two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. The remaining slope profile shall be roughly at a forty-five peFSeRt degree angle to the other slope profiles and existing contour lines. Assurance of Accurate Hillside Mapping. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified, consistent with this section. (OFEJ. 982& § 2 (paFt), 1987) Development which is exempt per Section 21.95.040 or excluded per Section 21.95.130 is generally exempt from the hillside mapping requirements of this Section except in cases where the Planning Director determines that hillside mapping is necessary to assess project compliance with the Hillside Ordinance. 21.9&.0&0 RiSID&NTIAl D&NSITY CALCULATION . . (a) Aroas ef a site iR slepes greater U1aR forty peFSeRt sl=lall be e>Eeh:1aod frern FOsidontial density eale1::llatiens eensistent witl=I Soetien 21.63.230. (13) We mere U1an fifty peFSent ef tl=le pertioA ef a site eeRtaining twenti)• fi1,.•0 to forty pereent slopes may eo utilii!ed for eale1.:1lating allewaelo residential densiti)' oonsistent \\•itl=I Seetion 21.53.230. (OFEJ. WS 37 § 1 (part), 1988; Ord. 982& § 2 (part), 1987) 21.95.120 HILLSIDE DEVELOPMENT AND DESIGN STANDARDS The provisions of this Section shall apply to all projects that propose to grade, erect or construct into or on top_ of a natural slope or manufactured slope which has a gradient of fifteen percent (15%) or more and an elevation differential greater than fifteen (15) feet A. Coastal Zone Hillside Development Regulations 1. All development on natural slopes of twenty-five percent or greater within the coastal zone shall comply with the requirements of tl=le oeastal 011orlay i!8Re Chapters 21.38 and 21.203 of the Carlsbad Municipal Code and the slope protection policies of the applicable Local Coastal Program -7-H:IADMINISTAFF\ZCAIZCA9604ATT segment. Additionally, all hillside development processed pursuant to this Chapter shall be consistent with all applicable provisions and policies of the certified Local Coastal Program(s) and shall not result in significant adverse impacts to coastal resources. B. Development of Natural Slopes of Over 40% Gradient 1. Natural slopes which have all of the following characteristics shall be undevelopable: a. A gradient of greater than 40%; and b. An elevation differential of greater than 15 feet; and c. A minimum area of 10,000 square feet; and d. The slope comprises a prominent land form feature. 2. Projects which propose the development of natural slopes defined in Subsection 21.95.120(8)(1) above shall nevertheless be allowed, only if the project qualifies as an exclusion or modification, pursuant to Sections 21.95.130 and 21.95.140, respectively. C. Development of Manufactured Slopes of Over 40% Gradient 1. Manufactured slopes which have a gradient of greater than 40% and an elevation differential of greater than 15 feet shall be subject to the following development standards. a. Development of Uphill Perimeter Slopes. • (i) The following types of development on or into an uphill perimeter manufactured slope shall be limited to a maximum of 6 vertical feet as measured from the existing grade at the toe of slope: (a) Main building(s); (b) Accesso,y-buildings; and (c) Retaining Walls. (ii) Decks may be constructed upon an uphill perimeter manufactured slope up to the required building setback(s) of the underlying zone. b. Development of Downhill Perimeter Slopes -8-H:\ADMIN\STAFF\ZCAIZCA9604.ATT (i) The following types of development over a downhill perimeter manufactured slope shall be limited to a maximum of 6 vertical feet as measured from the existing grade at the top of slope: (a) Decks; and (b) Retaining Walls. (ii) Deck surface areas shall be allowed to • extend to the same point that a 6 foot vertical retaining wall would be permitted. (iii) No main or accessory building may encroach over the top/edge of a Downhill Perimeter Slope. c. The manufactured slope standards, within this section do not apply to manufactured slopes which are not located along perimeter property lines (including intervening manufactured slopes between split level pads which are located on a single lot). D. Volume of Grading 1. The volume of earth moved for cuts and fills shall be minimized. 2. The relative acceptability of hillside grading volume shall be determined by the following: Cubic Yards of Cut or Fill Relative Sensitivity of Grading per Acre of Cut Hillside Grading Volume and Fill Area (in acres) 0 -7,999 cubic yards/acre Acceptable 8,000 -10,000 cubic Potentially acceptable yards/acre > 10,000 cubic yards/acre Unacceptable 3. The methodology for determining the volumes of both the cut and fill in cubic yards shall be calculated as follows. A grading and preliminary grading plan, shall be prepared and shall include: the cut or fill volumes &Rall 98 noted en tR8 for each particular cut or fill and the total volume of cut and fill for the project &Rall 98 netel:'4 en tf:19 gFal:'4ing anl:'4 J:>FeliR=iinar:y gr:al:'4ing plan. E3)lJeh::1R=ie ef eaFtf:I R:ietJel:'4 fer eblts anl:'4 fills &Rall -9-H:\ADMINISTAFF\ZCA\ZCA9604ATT L. E. lae n:1iRin:1izeet The larger volume of the total cut or total fill volumes divided by the total graded area ~n acres) that is eut aRd filled ~hat is gr=aeleel) shall equal the volume of hillside grading for the project tRi& ehapter. 4. Applications proposing grading volumes which are potentially acceptable (eight thousand to ten thousand cubic yards/acre of cut or fill) shall, on the preliminary grading plan, submit for review specific written findings justifying the reasons for the amount of grading, subject to the approval of the Planning Director and City Engineer. 5. Applications proposing graqing volumes which are unacceptable (greater than ten thousand cubic yards/acre of cut or fill) shall be allowed only if they qualify as an exclusion or modification pursuant to Section 21.95.130 and 21.95.140 of this Chapter respectively. eon:1ply with the reql:liren:1eRts of Seetion 21.95.130. All de•1elopn:10Rt OR hillside areas shall eon:1ply •Atith the standares of this seetieR l:lnless a R=1eelifieatien te these stanelarels eaR tae justifies te the eleeisioRrnakiRg taeely per the reql:liren:1eRts ef SeetioR 21.95.130. (Ore. 982e § 2 (part), 1987) Slope Height aRd \!ell:IFRe of GradiRg Cut or Fill. 1. Manufactured Cl:lt or fill slopes shall not be greater than tt:tiFty forty (40) feet in height. 2. Slope Height Exclusions. See Section 21.95.130 of this Chapter. F. Contour Grading. (6) 1. 1. CoRteur gr=aeliRg teehniques shall ee l:lseel te pFE>¥iele a \1ariety of beth slope pereentago aRd slope EiireetieR iR a three elin:1eRsioRal uRelulating pattem similar to e:Kisting, adjaeeRt Ratural terrain. The lines estalalisheEI lay the toe anel top of the graelee slope sl:tall also uRdl:llate iR this fashieR. Contour graEliRg shall unel1:1late so that iR no ease shall a straight, flat, e1:1t or filleEI slope faee greater than thirty feet in l:teight er two h1:1nelreel feet iR leRgtt=t tao eroateel. All manufactured slopes which are greater than twenty (20) feet in height and two hundred (200) feet in length and which are located adjacent to or are substantially visible from a public or private street .or public open space area shall be contour graded. (1) Area or E:Ktent of Grading. Grading of the ele¥elopaele portioRs of the site sl=tall tae kept te a rniRirnurn. To elefiRe tho area or e:Ktont ef graeling, the area in aeres, of laeth eut e:Kea11ation anel fill areas shall tao ealeulateel. This ealo1:1lation sl=tall he noteEt on the partieular eut or fill area. The total -10-• H:\AOMIN\STAFF\ZCA\ZCA9604.ATT aFOas ef ayt aRa fill st=tall ee Rotea oR tl=te graaiAg aAa f:)reliFAiAary gradiAg plaA. l\eetitioRally, tho aFOas of oyt aReJ fill as a porsoAtago of tho total site area shall tao AoteeJ iR the graeJiRg aRe preliFAiRary graeiR§I plaR. The areas ef GYt aReJ fill off site yet physiaally attaohoeJ to eR site oyt aReJ fill areas sl=tall also tao iAol1:1aoeJ iR tl=to aalaYlatioRs of oyt,'fill areas. (2) Applioations t11l=tial=t pFOpose eo•.,telepFAont OR tv1ORty fi•.,te to forty peroeRt slopes FOquiriRg graeJiRg iR eJEaess of tl=le graEliRg Rooossary to pro¥iae FOaeways, Ytilitios, t,yileiRg fouRElatieRs parkiAg areas or FOor:eatioRal areas iR aeRforFAaRoo 'llith this ohapter, shall s1::1eFAit for review speoifio writtoR fiReiRgs jYstifyiRg tho roasens for the o*ooss graaiRg, s1::1bjoot to tho appro¥al of the aooisioRFAakiRg eoeJy. G. Screening Manufactured GraeeEI Slopes. Cut er fill slepos &Rall, to tho eMtoRt J:)O&&ihlo, he soroenea fFOFA ¥iow hehinEI er YRaer hYilEliRgs, hy lanetsoapiRg, or hy natYral tepographio foatyres 1. All manufactured FAaRFAaeo slopes shall be landscaped consistent with the City's Landscape Manual. to the satisfaotioA ef tho PlaAning Dirootor prior to eooYpanay ef aRy str1::1otures. H. Hillside and Hilltop Architecture. 1. 2. 3. Hillside and hilltop structures shall be consistent with the architectural guidelines included within the City's Hillside Development Guidelines. Tf:le \tOIYFAO of struotYFOs sl=tall geRerally dooFOase with an iRoroaso iR the peraent of t:lillsieJo slope. MYltilo-.10I or torraoeeJ founetatioRs whioh fit a stryoture iRto tt:lo Aatural slope aReJ foFFA of tho hillsieJe shall ho the preforreeJ struatural desigR eR tho upt:lill siete ef the stFOet. MillsieJo arot:liteoturo shall iAoorporato appropriate struoturo FAoaulatien aleRg •.t1ith floor aRet reef le•.,1OI traRsitioRs to shall iRoorporate appropriate stFYoture FAoetu!atien along with fleer aRet FOof le¥el traAsitioRs to fit a StR:latUFO anet roofliRO iRto tl=te Aat1::1ral GORtoUF&, featUFOS aAEI haokgroune ef tf:lo h·illsiae. Tl=te loRgtl=t of a struatYFO shall orioRt parallel· witt:l tt:le oontoyr ef tl=lo l=lillsielo. Tl=le gFOator tl=le l=lillsieto slope, tl=lo loAgor the struotyro longtl=I to v1idtl=I ratio st:lall tao requiroEI. 8ulky, rigieJ, o*oossi¥oly angular, -.1ortisal or otl=tor oetrusi¥o gooFAotrio arol=liteoture, asoossory stryatures or feAoos wl=liol=t are Rot iR tl=te same pattern, proportieR er soale with the Aillsiee lanaforFA sl=tall ee eisoouragod. The etoFAinate roof slope sf:lall follow tho EloFAinate slope of the hillsiete. -11-H:IADMIN\STAFF\ZCAIZCA9804ATT I. I. 4. e>Eterior, R1aterials and oolors shall be harR1onious in tone and te>Et1:1ro with the hillside and surrmmding \'ogetation. • !=lose Bibs and eleotrioal outlets shall be oonstruoted on the dm\•nhill side of all hillside struotures. Milltop /\rohitooturo. In addition to the hillside arohiteoturo stanEtards, hilltop anEt arohiteoturo should e>EtenEt and enhanoe the ma:ior feat1:1res of hilltops, not doR1inate it. Signifioant Etoi.•.in slope setbaok, sR1all Rlodulated eerRls, and sensiti>.•o landsoaping shall !:Jo used to appropriately Rlaintain tho appoaranoo of a hilltop ridge lino froRl surrounding >.«iewpoints. e>EaFRples of the desired hillside and hilltop arohitooturo oan !:Jo feund in the City's Design Guidelines Manual and arohiteotural re>,ie11.i guidelines. Building Setbacks (pursuant to this Chapter) View Preservation aR4 enhanoement. 1. Slope edge building setbacks shall be sufficient to eliminate or significantly reduce views of vertical building forms which would be visually incompatible with hillside landforms. Notwithstanding the building setback requirements of the underlying zone, all main and accessory buildings which are located adjacent to a Downhill Perimeter Slope, which is greater than fifteen (15) feet in height, shall be setback from that slope a minimum of six-tenths (0. 6) of a foot for every one (1) foot of building height. e>Eoept where units are stepped down the hillside, all parts of struoturos proposed for do>.ielopment on hillto19s and on 19ads oroatoa on hillsides shall !:Jo su#ioiently set eaok froR1 the adjoining aownhill slo19es so that the \1isual iFR19aot on the surrounEting area is eliminatoEi or si§nifioantly reEiuoeEi ey the slo190. 'Nhero p1:1elio safety oan ee ass1:1r00, the seteaok area shall be 1:1s0Et fer 19ublio, GORlFROn or 19ri>Jate O190n spaoe. SFRall irregular 1:JerR1ing shall ee used within the gro1:1nd le\•el seteaok to oreate \1is1:1al anEi site interest. Seteaoks shall ee suffioient to eliRlinate or signifioantly reduoe any jutting vertioal mass whioh wo1:1ld Be vis1:1ally inoompatiele >J.'ith nat1:1ral hillsiae lane feFFRS. 2. Building setbacks pursuant to this Chapter do not apply to: a. Slopes which are less than 15 feet in height; b. the intervening slopes of split-level pads which are located on a single lot, but do apply to the edge of slope of the lowest pad; c. downhill slopes which are located along the sideyards of residential lots; and -12-H:IAOMIN\STAFF\ZCAIZCA11604.A TT d. substandard residential lots where the top/edge of slope setback standards would preclude a reasonable use of the property. 3. If a Downhill Perimeter Slope is regraded (filled) consistent with Subsection 21.95.120(C) of this Chapter, and a vertical retaining structure is used, then the required building setback shall be measured from the edge of slope which existed prior to regrading (filling). 4. Fencing proposed along a slope edge should be of an open design which does not visually extend the height of the slope. Exceptions to this provision may include, but are not limited to, noise attenuation walls, privacy walls or security walls. J. Roadway Design. 1. Hillside roadway design shall be consistent with the City's Hillside Development Guidelines Manual. E><oept for oiroulation element roads, roadways shall not greatly alter the physioal and •1isual oharaotor of a hillside by oroating largo notohes in ridge lines or by defining wide, straight alignments. Roadways shall follow the natural oontour of tho land and be modulated by suffioient berming, oontour grading and landsoaping, to oreate •1isually interesting and pleasing road•,tJays. K. Hillside Drainage. 1. Hillside drainage shall be consistent with the City's Hillside Development Guidelines. to the ma><imum o><tent :f-Oasible, maintain all natural drainage patterns and oourses. Roo:ru.·ater oolleotion and drainage dispersal systems shall be pro\<ided for all d1.¥elling units that do not drain dirootly onto a pa•,•ed surfaoe. If drainage benohes are reeiuired on a slope, their width shall be varied to aooommodate landsoaping for additional \'isual soreoning. 21.95.130 EXCLUSIONS A. The following are excluded from the Hillside Development and Design Standards of Section 21.95.120: 1. Hillside areas where a Circulation Element roadway or a collector street must be located provided that the proposed alignment(s) are environmentally preferred and comply with all other City standards. 2. Grading volumes, slope heights and graded areas which are directly associated with Circulation Element roadways or collector streets, -13-H:IAOMIN\STAFF\ZCAIZCA9604.ATT provided that the proposed alignment(s) are environmentally preferred and comply with all other City standards. 3. Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. 21.95.140 MODIFICATIONS TO THE DEVELOPMENT AND DESIGN STANDARDS A. The decisionmaking body or official may approve a modification to the Hillside Development and Design Standards of Section 21.95.120 if it finds that the proposed development complies with the Purpose and Intent provisions of Section 21.95.010 and makes one or more of the following findings: ean be maete: 1. 2. Tf:le site has ~nysyal geoteehnioal or soil eonetitions tf:lat neoessitate eerreati¥e work that ma¥ FOE1Yire signifieant amoYnts of graeing; The site FeEf Yires eJRensitte graeting to aeeommeetate a CireYlation Element roaettJJa¥: 1. The proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements. of Section 21.95.120. 2. The proposed modification will result in the development of manufactured slopes which are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of Section 21.95.120. (4) Tf:le site is impaoteet by t-:1nus1:1al geoteof:lnioal or soils oonetitions that neoessitate eorreoti1,e vJork or a oiro1:1lation element roadway. B. Any request for a modification to the development and design standards of this Chapter shall be accompanied by two preliminary grading plans. One plan shall illustrate how a site would be developed with a strict adherence to the requirements of Section 21.95.120. The second set shall illustrate the extent and type of the requested modification. This plan shall also be accompanied by any other documentation needed by the decisionmaking body to determine that the proposed modifications will result in a superior project with less adverse environmental impacts. C. If a modification is grantee proposed to allow grading in excess of ten thousand cubic yards/acre of cut or fill, or a manufactured slope in excess of tRiFty forty (40) feet in height, the applicant shall submit both written and graphic exhibits to justify the proposed grading to the satisfaction of the decisionmaking -14-H:\ADMIN\STAFF\ZCAIZCA9604.ATT body or official. In addition, a detailed mitigation and landscaping plan shall be submitted as part of the application prior to appro>.-al of the projeot This plan shall illustrate the mitigation measures and landscaping utilized to screen the proposed grading. This plan shall also state the estirnated oosts of the proposed mitigation and landsoaping for tho portions of the site roq1:1osting a modifioation to tho de>,<olopment and design standarss. Prior to iss1:1anoo of a grading porrnit, tho applioant shall deposit, at a finanoial instit1:1Uon s1:1bjeot to regulation ey the state or federal go¥ernmont a oortifioate of def:)osit or letter of orodit rnade out to the City of Carlsbad or s1:1oh other seourity whioh is aooeptaelo to the City. This doo1:1ment shall eo for at least t\•.iioe tho estimated oost of the proJ3osed rnitigation and landsoaf:)ing. If tho proJ:)osod • mitigation and landscaping is not installed in a tirnely manner, in aooorsanoe with the approved plans, the Planning Direotor may authorize the 1:1tilization of these fl:fnds to do the neoessary remedial work. Any funds remaining after the oornplotion of this work shall ee ret1:1rnod to the applioant. (Ors. 9826 § 2 (part), 1987) D. Development on land designated for nonresidential development shall comply with all requirements of this Chapter except Sections 21.95.120(DJ and 21.95.120(E). Any nonresidential project proposing grading in excess of ten thousand cubic yards per acre or creating slopes in excess of tRifty forty (40) feet in height shall provide both written and graphic exhibits to justify the proposed grading to the satisfaction of the decisionmaking body. (Ord. 9826 §2 (part), 1987) 21.86.080 EXCLUSIONS (a) .'\ny projeot that has reoei¥eEI a final Elisoretionary appro>.<al, tn1ilding permit or grading permit prior to effeoti¥e date of the ordinanoe adopting this ohapter shall ee mmmpt from the pro\<isions of this ohapter pro>1idod that s1:1oh J:)ermits or appro¥als ha\<o not e>Epired or are not etherwise re¥e~eel. (e) The following areas m1:1st ee fully identified, eut may ee e>Eol1:1ded from the req1:1irements of this ohaptor ey tho dooisionmaking eoely: (1) Areas pr0¥ie1:1sly Elist1:1reoel by tAe autherizoel graeling; (2) Areas where oiro1:1latien element reaelways m1:1st ee plaood and no feasible altornati¥o oensistont with this ohaptor is a¥ailablo; (3) Areas of tepegraphie ehango loss than fifteen feet in height and less than fo1:1r the1:1sand sq1:1aro feet in area, whieh are net a part of the s1:1rre1:1nding generalized slope; (4) Srnall isolated ra>.-inos whore there is no s1:1bstantial o¥idonoo that tho projoot will ha¥o a signifieant effeot en tho on¥irenmont as detorrninod by tho planning dirooter. -15-H:\ADMIN\STAFFIZCA\ZCA9804.ATT (b} 'J'Jhore aRy part ef tf:lic sf:laptor eeRtlistc •1,itf:1 aRy etf:lor sity pelisy, emiRaRso er ctaRElam, tf:lo FRect rectrieti•,o peliey, eminaRse er ctaRElam cf:lall apply. ~Om. 9828 § 2 (part}, 1987} -16-H:IADMIN\STAFF\ZCA\ZCA9604ATT A B Exhibit" A". • Permitted Development Of Downhill Manufactured Slopes +--20' --+I+--12'--+1 -... '.., ._ FILL 6' .. .. ... .. ..-20' ---+I .. 6' '' ..... CUT '.., ' . Exhibif'B'~ Permitted Development Of Uphill Manufactured Slopes A--- l+-12'-+I B--- 6' '', FILL .. ... . -l+-12'-+t-__ ....__ r Exhibit'"C" ~ Permitted Development Of Uphill Manufactured Slopes c--- DECK Hillside Development with Maximum 30' Manufactured Slopes mm.mm Hillside Development with Proposed 40' Manufactured Slopes I • Exhibif'E''