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HomeMy WebLinkAbout1999-11-03; Planning Commission; ; ZCA 96-04A|LCPA 96-01A - HILLSIDE ORDINANCE AMENDMENT SUGGESTED MODIFICATIONSA REPORT T(tTiiEPLANNINGC00MMISSION ~ P.C. AGENDA OF: November 3, 1999 ItemNo.@ Application complete date: N/ A Project Planner: Chris DeCerbo Project Engineer: N/ A SUBJECT: ZCA 96-04(A)/LCPA 96-0HA) -IDLLSIDE ORDINANCE AMENDMENT SUGGESTED MODIFICATIONS -A request for approval of amendments to the City's Hillside Development Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) to accept modifications made by the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4658 and 4659 RECOMMENDING APPROVAL of ZCA 96-04(A) and LCPA 96-0l(A) based on the findings contained therein. II. INTRODUCTION The California Coastal Commission made several minor modifications to the City's amended Hillside Development Ordinance (ZCA 96-04) in their action to approve the associated local coastal program amendment (LCPA 96-01). The suggested modifications are clarifications of coastal steep slope protection provisions which currently exist within the Municipal Code and are consistent with the purpose, intent and other provisions of the Hillside Development Ordinance and Uses Generally Chapter of the Carlsbad Municipal Code. III. PROJECT DESCRIPTION AND BACKGROUND In February of 1998, the Carlsbad City Council approved a Zone Code Amendment (ZCA 96-04) and a Local Coastal Program Amendment (LCPA 96-01) 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 procedures; 2. Clarify and simplify the Ordinance to make it more ''user friendly"; and 3. Add/revise development standards to address identified Ordinance issue areas. The Local Coastal Program Amendment was subsequently submitted to the California Coastal Commission. On June 10, 1999 the California Coastal Commission approved the Local Coastal Program Amendment with suggested modifications. Accordingly, this zone code amendment and local coastal program amendment is being processed to effectuate the acknowledgment and 0 ZCA 96-04(A)/LCPA 96-0l(A) -HILLSIDE ORDINANCE AMENDMENT SUGGESTED MODIFICATIONS November 3, 1999 Pae 2 acceptance of the suggested modifications. IV. ANALYSIS Suggested modifications approved by the Coastal Commission which necessitate this zone code amendment and local coastal program amendment address four items as discussed below. Since the existing Hillside Development Ordinance already requires consistency with all applicable slope ( and coastal resource) protection policies and provisions of the certified Local Coastal Programs, it is concluded that all of the proposed modifications are consistent with the exiting Hillside Development ordinance. 1. The existing Hillside Ordinance includes a general provision (Section 21.95.120(A)) which specifies that all development on natural slopes of 25% or greater within the coastal zone shall comply with all applicable slope (and coastal resource) protection policies and provisions of the certified Local Coastal Programs (which are included within Chapters 21.38 and 21.203 of the Carlsbad Municipal Code). However, the Hillside Ordinance also includes provisions (Sections 21.95.120(B) which allow for the development of natural slopes with gradients of 25% or greater under certain circumstances (i.e., if the hillside qualifies as an exclusion (Section 21.95. 130) or the project obtains a modification from hillside development and design standards (Section 21.95.140)). The first suggested modification of the Coastal Commission adds a provision which specifies that in the case of a conflict between those provisions of the Hillside Development ordinance which would allow for the development of natural slopes of 25% or greater, and the slope (and coastal resource) protection policies and provisions of the certified Local Coastal Programs (LCP), the LCP policies and provisions would apply. 2. The existing Hillside Development ordinance (Section 21.95.030) excludes the construction of Circulation Element roads and collector streets and any remedial grading necessary to correct an unusual soil or geotechnical condition from complying with the hillside development and design standards (including steep slope preservation standards). The certified LCP policies allow for the development of steep slopes (25% or greater) to accommodate Circulation Element roads, but do not exclude collector streets nor remedial grading. Accordingly, the second suggested modification of the Coastal Commission specifies that within the coastal zone, the construction of Circulation Element roads is excluded from complying with the steep slope preservation standards but that the other hillside development and design standards exclusions for collector streets and remedial grading only apply to projects located outside of the coastal zone. 3. Section 21.95.140 of the existing Hillside Development ordinance allows the decision- making body to approve modifications to the hillside development and design standards (including steep slope preservation standards) if the proposed project complies with the purpose and intent provisions of the Hillside Development ordinance and either preserves more open space or creates more aesthetically pleasing/naturally appearing slopes than would a strict adherence to the standards of the ordinance. The certified LCP slope preservation policies do not allow for the development of steep slopes (25% or greater) ZCA 96-04(A)/LCPA 96-0I(A) -HILLSIDE ORDINANCE AMENDMENT SUGGESTED MODIFICATIONS November 3, 1999 Pae 3 for either of the above-noted reasons. Therefore, the third suggested Coastal Commission modification specifies that the hillside development and design standards modification provisions of the Hillside Development ordinance only apply to projects located outside of the coastal zone. 4. Section 21.53.230(d) of the Uses Generally Chapter of the Carlsbad Municipal Code specifies that, "Residential development on slopes with an inclination of 25% to 40% shall be designed to minimize the amount of grading necessary to accommodate a project. For projects within the coastal zone, the grading provisions of the Carlsbad local coastal program shall apply." For the purpose of providing more specificity regarding the Carlsbad LCP grading provisions, the fourth suggested modification of the Coastal Commission incorporates within Section 21.53.230(d) a direct reference to Chapters 21.38 and 21.203 of the Carlsbad Municipal Code. The specific coastal steep slope protection/grading provisions are contained within these Municipal Code sections. V. ENVIRONMENTAL REVIEW This proposed zone code amendment and local coastal program amendment to adopt California Coastal Commission suggested modifications will not create any additional significant impacts that were not previously analyzed adequately in the Negative Declaration (ZCA 96-04/LCPA 96- 01) for the City's Hillside Ordinance Amendment. The Planning Director has therefore determined that this project is in prior compliance with Negative Declaration ZCA 96-04/LCPA 96-01. ATTACHMENTS: 1. Planning Commission Resolution No. 4658 (ZCA) 2. Planning Commission Resolution No. 4659 (LCPA) 3. Attachment "A" (Highlight (bold) version of amended ordinances). CD:eh:rnb ATTACHMENT "A" CASE NAME: COASTAL COMMISSION MODIFICATIONS TO CARLSBAD HILLSIDE DEVELOPMENT AND USES GENERALLY CHAPTERS OF THE CARLSBAD MUNICIPAL CODE CASE NO.: ZCA 96-04(A) SECTION 1: That Section 21.95.120Al of the Carlsbad Municipal Code is amended to read as follows:· "21.95.120Al Hillside development and design standards All development on natural slopes of twenty-five percent or greater within the coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 of the Carlsbad Municipal Code and the slope protection policies of the applicable local coastal program 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. Within the coastal zone, in case of conflict between this section and any other provision of Chapter 21.95 Hillside Development Regulations, this section shall apply." SECTION 2: That Section 21.95.120B2 of the Carlsbad Municipal Code is amended to read as follows: "21.95.120B2 Hillside development and design standards Outside the coastal zone, projects which propose the development of natural slopes defined in Section 21.95.120(B)(l) shall nevertheless be allowed, only if the project qualifies as an exclusion or obtains a modification, pursuant to Sections 21.95.130 and 21.95.140, respectively." • SECTION 3: That Section 21.95.130A of the Carlsbad Municipal Code is amended to read as follows: "21.95.130A Exclusions Outside the coastal zone, 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, provided that the proposed alignment(s) are environmentally preferred and comply with all other City 15 standards. 3. Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading." SECTION 4: That Section 21.95.130B of the Carlsbad Municipal Code is amended to read as follows: "21.95.130B Exclusions Within the coastal zone,: grading for construction of Circulation Element roadways are excluded from Sections 21.38.14l©(l)(a) and 21.203.040(A)(l) of the Municipal Code." SECTION 5: That Section 21.95.140A of the Carlsbad Municipal Code is amended to read as follows: "21.95.140A Modifications to the development and design standards Outside the coastal zone, the decision-making 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: 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. SECTION 6: That Section 21.53.230(d) of the Carlsbad Municipal Code is amended by the amendment of.to read as follows: "21.53.230(d) Residential Density Calculations, Residential Development Restrictions on Open Space and Environmentally Sensitive Lands (a) For the purposes of Titles 20 and 21 of this code, residential density shall be determined based on the number of dwelling units per developable acre of property. (b) The following lands are considered to be undevelopable and shall be excluded from density calculation (1) Beaches; (2) Permanent bodies of water; (3) Floodways; (4) Natural slopes with an inclination of greater than forty percent except as permitted pursuant to Section 21.95.120B of this Code; (5) Significant wetlands; (6) Significant riparian or woodland habitats; • (7) Land subject to major power transmission easements; (8) Land upon which other significant environmental features as determined by the environmental review process for a project are located; (9) Railroad track beds. ( c) No residential development shall occur on any property listed in subsection (b ). Subject to the provisions of Chapters 21.33 and 21.110, the city council may permit limited development of such property if, when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. The planning commission or city council, whichever is the final decisionmaking body for a residential development may permit accessory facilities, including, but not limited to, recreational facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.110) and on land subject to major power transmission easements. ( d) Residential development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be designed to minimize the amount of gra,ding necessary to accommodate the project. For projects within the coastal zone, the grading provisions of the Carlsbad Local Coastal Program and Chapters 21.38 and 21.203 of the Municipal Code shall apply."