HomeMy WebLinkAboutLCPA 96-01; Hillside Development Ordinance; Local Coastal Program Amendment (LCPA) (10)k STATE OF CZ$&NIA - THE RESOURCES AGENCY GRAY DAVIS, Oomnor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1726
(610) 621-8036
May 11 , 1999
Mr. Chris Decerbo
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009- 1725
Re: Local Coastal Program Amendment #1-98C and #3-96 --Hillside Ordinance and
Grading and Erosion Control Ordinance of the Carlsbad Municipal Code
Dear Mr. DeCerbo:
This letter is in response to your January 15,1999 letter, which asks for our review of the
above-proposed amendments to the certified Carlsbad Local Coastal Program (LCP).
The City withdrew the proposed Grading and Erosion Control (LCPA #3-96) on January
17,1997 because Commission staff found the proposed implementation plan amendment
required a companion Land Use Plan amendment and without it, we would recommend
denial of the amendment to the Commission. The Hillside Ordinance (LCPA 1 -98C)
amends the City’s hillside development regulations adopted by the City in 1989, but this
ordinance has not been adopted by the Commission as part of the certified LCP. LCPA
1-98C was the subject of a time extension request at the Commission’s June, 1998
hearing where the Commission granted the time extension for a period not to exceed one
year. The above have been held in abeyance pending resolution of concerns regarding
conformance with the certified Land Use Plans (LUPs). The following is what we have
identified, at this time, to be necessary changes to the LUPs and ordinances to achieve
consistency between the two components of the certified LCP. Possible suggested
modifications to the ordinances are proposed as direction. We apologize for the lateness
of these comments.
The standard of review for implementation plan amendments is consistency with the
certified LUP(s). The various Carlsbad LUP segments have policies which state that
grading and erosion control must conform to the provisions of the Model Erosion Control
Ordinance and the Master Drainage Plan (Policy 4-3 of the Mello I1 LUP, the drainage
and erosion control policies of the Mello I and East Batiquitos Lagoon segments).
Policy 3-4 of the Mello I1 LUP provides that grading activity shall be prohibited during
the rainy season: fiom October lSt to April Is‘ of each year. Similarly, the drainage and
erosion control policies of the Mello I, West Batiquitos Lagoon and East Batiquitos
Lagoon LUPs have similar restrictions on grading within the rainy season. One example
of the ordinance’s failure to comply with the LUP policies is that the submitted grading
ordinance does not contain a rainy season prohibition on grading. The ordinance
proposes the rainy season to be between November 16 of any year and April 14 but
allows grading permits to be issued during the rainy sewon provided installation of
May 11,1999
Page 2
erosion and sedimentation control protective measures are done in advance of the grading
work. Please submit the parameters or justification for the proposed language. Attached
is language the Commission has found acceptable regarding grading within the rainy
season for other certified Local Coastal Programs within San Diego County.
The ordinance also proposes new standards regarding erosion control measures. The
amendment proposes temporary erosion control measures to accommodate a two-year,
24-hour storm and a ten-year, 24-hour storm for permanent sedimentation basins. The
certified LUP standard for runoff control is a 1 0-year, 6-hour storm. Please submit the
parameters or justification for the proposed revisions and indicate how the proposed
standard compare to the certified standard. To assist us in reviewing the grading
ordinance LCPA, you have included the “Master Drainage and Storm Water Quality
Management Plan “(1994). You have indicated that to address new water quality
regulations mandated by the federal government, the City is using this document to
replace the certified Master Drainage Plan; however, the Commission has not certified it
as part of the LCP. After review of the document, the answers to the above questions are
not apparent to Commission staff. Without this information, staffcan not support the
amendments as submitted as adequate to carry out the resource protection policies of the
LUPs. Additionally, even if Commission staff is able to support the proposed ordinance
revisions, it appears that amendments to the LUPs would first be required. It also seems
there are several outdated documents referenced in the LCP that are not being used by the
City. We would encourage an LCP amendment to update those references and achieve
consistency between the LUPs and the City’s proposed grading ordinance.
Regarding the proposed amendment to the Hillside Ordinance, proposed Subsection
21.95.120 (A)(l) states that “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 certified LCP and all hillside development shall be consistent with the
policies of the certified LCP.” The referenced sections (attached) contain the policy
language addressing grading on slopes greater than 25% grade and the policies are not
being modified or removed from the certified LCP with this amendment. However,
21.95.120@) of the proposed Hillside Ordinance provides that projects which propose
development of natural slopes shall be allowed if the project qualifies as an exclusion or
modification, pursuant to Sections 2 1.95.130 (Exclusions) and 21.95.140 (Modifications
to Development and Design Standards) respectively. The former section allows
Circulation Element and Collector roadways to disturb otherwise undevelopable areas
provided the proposed alignment@) are environmentally preferred. It also allows
remedial grading on hillside areas to correct unusual soil or geotechnical conditions.
These sections of the proposed Hillside Ordinance appear to be inconsistent with the
certified LUP policies which prohibit grading on dual criteria slopes (those slopes
mapped as possessing endangered plant/animal species and/or coastal sage scrub and
chaparral plant communities) of 25% grade and over unless reasonable use of the
property would be precluded.
May 10,1999
Page 3
The certified LUP policies allow development of sensitive areas to accommodate
Circulation Element roads but no such exception exists for collector streets and remedial
grading. Staff is concerned that these exceptions would not ensure that coastal resources
are protected in the coastal zone consistent with the existing resource protection policies
of the certified LCP. Thus, staff would propose the following suggested modifications to
Section 21.95.120(A) to achieve consistency with the certified LUP policies:
. . .Additionally, all hillside development processed pursuant to this chapter shall
be consistent with all applicable 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.
Additionally, Section 21.95.120 (E3)(2) should be revised to indicate:
Outside the coastal zone, projects which propose the development of natural
slopes defined in Subsection 2 1.95.120@)( 1) above 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.
Correspondingly, Section 21.95.130 (A) would be modified as follows:
Outside the coastal zone, the following are excluded from the Hillside
Development and Design Standards of Section 2 1.95.120.. . .
Additionally, new Subsection 21.95.130 (El) would be proposed
Within the coastal zone, grading for construction of Circulation Element
roadways are excluded from Sections 21.38.141(C)(l)(a) and 21.203.04O(A)(l) of
the Municipal Code.
Similarly, staff would also propose the Commission approve Suggested Modifications to
Section 21.95.140(A) as follows:
Outside the coastal zone, the decisionmaking body or official may approve a
modification to the Hillside Development and Design Standards of Section
2 1.95.120 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.. . .
Finally, staff would recommend the following modification to Section 21.53.230 (d):
Residential development on slopes with an inclination of twenty-five to forty
percent, inclusive, shall be designed to minimize the amount of grading necessary
to accommodate the project. For projects within the coastal zone, the grading
May 11,1999
Page 4
provisions of the Carlsbad local coastal program and Sections 21.38 and 21.203.
of the Municipal Code shall apply.
As indicated above, both local coastal program amendments have been delayed pending
resolution of concerns regarding conformance with the certified LUPs. After reviewing
both amendments against the certified LUPs, we have determined that both ordinances
would require modifications similar to those shown above to be found consistent with the
certified LUPs. The Hillside Ordinance must go to the June, 1999 meeting unless
withdrawn by the City. We believe the Grading Ordinance remains withdrawn at this
time. Alteinatively, the City could submit supporting documentation and an LUP
amendment which addresses modifications to the rainy season and other erosion control
measures included in the proposed Grading Ordinance. You should be aware,
Commission staff would not likely support LUP revisions which would allow additional
grading into steep hillsides. However, we would be happy to review any written
justification for such changes that you might provide. Commission staff will commit to
continue working with City staff to develop a package of LUP and IP revisions which can
be supported under the Coastal Act.
Please call me as soon as possible upon receipt of this letter to confirm whether or not the
City wants the Hillside Ordinance scheduled for the June 1999 meeting. If you do, your
comments on the draft suggested modifications would be appreciated. If the City does
not wish to proceed with LCPA #1-98C at this time, please submit a letter requesting it
be withdrawn.
Sincerely,
Coastal Planner
cc: GaryWayne
Sherilyn Sarb
Attachments
National City LCPA No. 1-97
Page 7
Staff recommends a NO vote and adoption of the following resolution and findings.
An affirmative vote by a majority of the Commissioners present is needed to pass
the motion.
Resolulion IV
The Commission hereby mo ves cmficab 'on of the amendment request
(Ordinance No. 96-2124) to the City of National City Local Coastal Program
Implementation Plan, as submitted, on the grounds that the amendment conforms
with, and is adequate to cany out, the provisions of the certified land use p@n.
There are no feasiblealternatives or feasible mitigation measures availablc which
would substantially lessen any significant adverse impacts which the approval
would have on the environment.
E. PESOJ,UTION V (Resolution to reject certification of the City of National City
LCP Implementation Plan Amendment #1-97 pertahhg to rainy
season grading, as submitted)
MOTION V
I move that the Commission reject the City of National City Implementation Plan
Amendment #1-97, as contained in Ordinance No. 97-2129, peaaining to rainy
season grading, as submitted.
Recommendation ..
Staff recommends a
findings. An affirmative vote by a majority of the Commissioners present is needed
to pass the motion.
vote and adoption of the following resolution and
solution V
The Commission hereby rejects the amendment (Ordinance No. 97-2129) to the
City of National City LCP Implementation Plan, as submitted, on the grounds that
the amendment does not conform with, and is inadequate to carry out, the
provisions of the certified land use plan. There are feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant
adverse impacts which the approval would have on the environment.
National City LCPA No. 1-97
Page 8
F. 0J.UTION VI (Resolution to approve certification of the City of National City
LCP Implementation Plan Amendment #1-97 pertaining to rainy
season gradiig, ifmodified) -
I move that the Commission approve the City of National City Implementation Plan
Amendment #1-97 pertaining to rainy season grading, if it is modified in .
conformiq with the suggested modifications set forth in this report.
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Staff recommends a-YES vote and adoption of the following resolution ana
findings. An mative vote by a majority of the Commissioners present is needed
to pass the motion.
The Commission hereby =pro ves ce- ' of the amendment request to the
City of National City LCP Implementation Plan, based on the modifications and
findings set forth below, on the grounds that it conforms with, and is adequate to
carry out, the provisions of the certified Iand use plan. There are no feasible
alternatives or feasible mitigation measures available which would substantially
lessen any si@cant adverse impacts which the approval would have on the
environment.
PARTIII. ,-IONS
Staff recommends the following suggested revisions to the proposed Land Use Plan
Amendment be adopted. The underlmed ' sections represent language that the Commission
suggests be added, and the s&wh& sections represent language that the Commission
suggests be deleted from the language as origmally submitted.
A. Land IJse Pk Modifbhm.
1. Marsh Preservation Policy #7 on Page 35 of the LUP shall be revised to read as follows:
7. Specific erosion control measures shall be approved, incorporated into
development, be in place at the initial phase of work, monitored and maintained
-tion Plan, during the period of November 1 to April 1 each year
for all properties which drain directly to marsh and wetland areas. These
properties shall include all properties located in the following areas:
in conjunction with all grading activities, &tent with Section XfB)! 4u
c
*.. 6
National City LCPA No. 1-97
Page 9
All properties between 35th Street and the southerly City limits;
All properties in the area lying between 33rd Street, Hoover Avenue,
30th Street and the MTDB San Diego Trolley Line;
All properties in the City’s jurisdiction located westerly of Highway
1-5 and south of 24th Street.
2. Section B(4)Q under Coastal Zone Designatun on Page 22 ofthe ImpIementation plan
shall be revised to read as follows: -
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k. Plans for grading specified in marshland preservation regulation j shall include
details of protective measures, including desilting basins or other temporary drainage or
control measures, or both, as may be deemed necessary by the City Engineer to protect
adjoining public and private property from damage by erosion, flooding, or the
deposition of mud or debris which may originate from the site or result Erom such
be-erceptor ditches.ets. deb-mces-
grading operations. Temporary erosionclude the use of ..
1 or water effectivenes
If grading is begun prior to November lst, all protective measures shall be installed
prior to November 1st. If grading is begun on or after November lst, all protective
measures shall be installed before grading is begun. AU protective measures shall be
maintained in good working order until April 1st of the succeeding yeary where grading
is done between November 1 st and December 3 1 st, or until April 1 st of the same year
where grading is done between January 1st and April 1 st, unless the removal at an
earlier date is approved by the City Engineer.
Where a grading permit is issued and the work is commenced after April 1st and before
November 1st of any year, and the permit was issued without protective measures as
provided for in this regulation, and it appears that the grading and installation of the
permanent drainage devices as authorized by the permit will not be completed prior to
November 1 st, then on or before October 15% the owner of the site 011 which the
grading is being performed shall file or cause to be filed with the City Engineer details
of the required protective measures and shall implement the measures contained in the
approved plan by November 1st. A plan check fee for the details of required protective
measures shall be paid at the time of submittal and shall be in the amount as may be
determined by the City.
For continuation of grading activities, other than installation, maintenance, or repair of
the required protective measures, during the wet season, pennittee must provide
~e erosion control me- apply for and receive, every seven days, special
thew
National City LCPA No. 1-97
Page 10
permission to proceed. This weekly requirement may be waived by the City Engineer if
there has been no measurable rainfall during the previous seven days.
The City Engineer shall grant permission under this section on the basis of weather
forecasts, site conditions, experience and other pertinent factors which indicate the
activity may commence or continue without excessive erosion occurring.
areas to be mded whxbhall be sufficient
and re- of v- .. .. ve hameas ad V
&fected bv the &e of the erosion c-ures re-d bv
protective measures or fail to obtain permission for wet season activities as required by
this regulation by the dates specified therein, it shall be deemed that a default has
occurred under the conditions of the grading permit security. Thereupon the City
Engineer may enter the property for the purpose of installing, by City forces or by other
means, the drainage and erosion control devices shown on the approved plans, or if
there are not approved plans, as he may deem necessary to protect adjoining property
fiom storm damage, or the City Engineer may cause the owner of the site to be
prosecuted as a violator of City ordinances, or he may take both actions.
Should the permittee fail to submit the plans, fail to provide the
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The City Engineer shall have the authority to require implementation of all erosion
control systems and requirements at any time of the year.
PART PI. FINDINGS FOR AEPROVATd OF ~TEJE NATIONAL CITY LAND USE P7.M
MENT #1-97R.AND USE REnFSIGNATIONS. AS SUE&fIm
The amendment request is to change the land use designation on several properties. The
first change involves several small adjacent parcels currently designated as Industrial which
are proposed to be redesignated to Tourist CommerciaVRecreation. The approximately 2.2
acre site (Site A) is located north of Paradise Marsh, on the north and south side of 24th
Street. Industrial uses bound the site to the west, north and east. The area to the south is
currently designated Tourist CommerciaVRecreation.
The other proposed land use change involves technical changes to three smaU parcels to
address updated information on the boundaries of fieeway right-of-way. The City of
National City, unlike other local jurisdictions in the area, uses a general Open Space
designation as a “holding zone” applied to areas such as utility easements, railroad and
freeway right-of-ways and flood control channels. This designation does not imply the
existence of any recreational values or sensitive resources. The Open Space Reserve
designation is applied to those areas where sensitive resources and potential recreational
values exist.
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"21.38.141 Additional Standards: Rancho La Costa. Bahauitos Lacoon Watershed. I NOTE: Applies only to Rancho La Costa, Hunt Properties, covered by the Mello I 6 - -. Segment. The contents of the Master Plan as described in Chapter 21.38.060 shall include the following additional information required below and be approved in accordance with the following additional development standards:
(a) Permits-Required. Developments as defined in Chapter 21.04.107, (including but not limited to land divisions) require a coastal development permit subject to the requirement of this zone. All uses in this zone are subject to the procedural requirements of Chapter 21.201. Prior to or simultaneously with the approval of any division of land or any other development, a master plan of development for the property called Rancho La Costa shall be approved in accordance with the provisions of this chapter.
Maximum Density of Develo ment. The Master Plan shall be approved subject
(1) Agricultural Land with soils rated at I through IV under the Land Use
(2) All slopes greater than 25% shall result in an allowable development
(3) All slopes greater than 20% but less than 25% shall result in a
(4) All slopes greater than 15% but less than 20% shall result in a
(5) All slopes greater than 10% but less than 15% shall result in a
(6) All areas with a slope of less than 10% shall result in a development I
The Master Pian shall include a topographic map at a scale sufficient[
(b) to a maxIIIIuIII density of development as P ollows:
Capability Classification System of the s oil Conservation Service) shall result in an allowable intensity of development of 1 residential dwelling unit per 10 acres,
intensity of 1 dwelling unit per ten acres,
development intensity of 1 dwelling unit per five acres,
development intensity of 1 dwelling unit per acre,
development intensity of 2 dwelling units per acre,
intensity of 6 mts per acre.
determine the above but no less than 1"=100 feet having a contour interval of 5 feet with overlays delineating areas of greater than 10, 15,20, and 25 percent slopes. A map showing the
type of soil erodibility, and class based on the Land Use Capability Classification System of the 1
Soil Conservation Service shall be submitted in the same scale as the slopes. The Master Plan I
shall show the computation of the densities and acreage of soils of the various classes and '
erodibility. The plan required as a part of the Master Plan shall be certified as
accurate by a registered engineer or other qualified professional to be true. and accurate
containing reasonably accurate estimates of the amount of cut and fill. The plan shall show the
existing and the finished topography of the ground to be graded and filled, including a site plan
of the proposed residential or commercial development in the same scale so that it can be
superimposed upon the topographic map. Drainage and Erosion Control. Any development proposal that affects steep
slopes (25% inciination or greater) shall be required to prepare a siope map and analysis for
the affected slopes. Steep slopes are identified on the PRC Toups Maps. The slope mapping 1
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. I
For those slopes mapped as possessing endangered plandanimal species
and/or coastal sage scrub and chaparral plant communities, the following policy language would
Slopes of 25% grade and over shall be presemed in their natural
(c)
(1)
apply:
(A) state, unless the application of this policy would preclude any reasonable use of the propew
be permitted. For existing lesa1 parcels, with all or nearly all of their area in slope area over
in which case an encroachment not to exceed 10% of the steep slope area over 25% grade ma, i,
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25% grade, 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 utiIity systems. Use of slopes over 25% may be made in order to provide access
to flatter areas if there is no less environmentally damaging alternative available.
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.
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 andor planting fire retardant vegetation and to protect visual
resources of importance to the entire community.
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.
(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.
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 offkite to prevent siltation of lagoons and other environmentally sensitive areas.
(B)
(C)
(2)
(3)
(4)
(5)
The appropriate measures shall be installed prior to onsite grading.
Modification of these standards and criteria may be granted to portions of
properties where strict application of the standards and criteria would, even after application
of clustering and other innovative development techniques, result in less than one-half of the
development potential that would be attainable under the maximum density of development
specified in@) above. Such modification shall be limited to the standards and criteria expressed
in (c)(l)(A) above, and shall not exceed that necessary to the attainment of said one-half of
the development potential.
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Where such modification must involve grading or other disruption of land-
of 20% slope or greater, such grading or disruption shall be limited to not more than one-fod
of the land area of the property which is of 20% slope or greater. In selecting areas within the property of 20% slope or greater which will
be subject to modification of standards and criteria, lands with the foilowing characteristics shall
receive preference.
a
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Land with the lowest relative degree of environmental sensitivity.
Land with the relatively gentler siopes.
Land which will require the least amount of cut and fill, and upon
Land with the least amount of visual impact when viewed from a
which runoff and erosion can be most effectively controlled.
circulation element road or public vista point-
environmental and visual impact on the steep-sloped land form upon which such grading or
development is to take piace.
(6) A site specific technical report shall be required addressing the cumulative effects of deveIoping each subwatershed and recommending measures to mitigate both increased
runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosion
Control Ordinance contained in the Master Drainage Plan, with the additions and changes
adopted herein, such that a natural drainage system is generally presented for the eastern
undeveloped watersheds, but that storm drains are allowed for those western portions of the
watershed which have already been incrementally developed.
Mitigation measures tailored to project impacts and consistent with the
control of cumulative development shall be implemented prior to deveiopment in accordand
with the following additional criteria:
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 deveioped 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.
Detailed maintenance arrangements and various alternatives for
providing the ongoing repair and maintenance of any approved drainage and erosion control
facilities. If the offsite or onsite improvements are not to be accepted or maintained by a public
agency, detailed maintenance agreements shall be secured prior to issuance of a pennit.
All permanent runoff and erosion control devices shall be developed
and installed prior to or concurrent with any onsite grading activities.
All grading activities shall be prohibited within the period from
October 1st to March 31st of each year. 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) erasion 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 bc
accomplished under the supervision of a licensed landscaped architect and shall consist
seeding, mulching, fertilization and irrigation adequate to provide 90 percent coverage within
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a Land which, when graded and developed, would have the least
(7)
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(E)
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90 days. Planting shall be repeated, if the required IeveI of coverage is not established. This
requirement shall apply to all disturbed soils, inciuding stockpiles.
Bufferdopen Space. The master plan shall include buffers and open space to separate a_griculture use from residential development. Adequate buffer areas, generally of at least 100 feet, between agricultural
operations and new development shall be established and protected through conservation
easements. The buffer area shall include natural vegetation, natural grade separations, and
other natural features. In addition, roads shall be designed as much as possible to function as
buffers between agriculture and residences. Residential uses shall be sited and designed to
provide an open space area away from use conflicts. Cut and fill shall not occur adjacent to
agricultural areas in order to provide a natural buffer. The P-C zone requirement of open
space can be used in conjunction with this requirement. Lands to be preserved in open space
shall be dedicated to coastal conservancy through the use of open space easements in perpetuity
free of prior liens prior to issuance of a permit. Land subject to open space easements may
remain in private ownership with the appropriate easements, use restrictions and maintenance
arrangements to be secured from the developer prior to issuance of a permit. The City shall require the developer or a homeowner's association to maintain the open space area or it can
alternatively require payment of fees if the Coastal Conservancy certiiies that the maintenance
fee is adequate. If a homeowner association is to maintain the open space, appropriate
provision for fees and maintenance shall be required as a condition of approval of the permit.
(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 in the Master Plan to minimhe the paved surface area. Dwelling units shall be
clustered in the relativeIy flat portions of the site."
(d)
SECTION V That Title 21, Chapter 2138 of the Carlsbad Municipal Code
is amended by the addition of Section 21.38.160 to read as follows:
"21.38.160 Additional Standards - Umr Aeua Hedionda Watershed.
The Contents of a Master Plan for Kelly Point and Macario Canyon area as identified
by the Carisbad Local Coastal Program shall include the following additional information
required below and be approved in accordance with the following additional development
standards:
(a) Permits - Required. Developments as defined in Chapter 21.04.107, (including but not limited to land divisions) require a coastal development permit subject to the
requirement of this zone. All uses in this zone are subject to the procedural requirements of
Chapter 21.201. Prior to or simultaneously with the approval of any division of land or any
other development, a master plan of development for the property containing the requirements
specified below shall be submitted and approved.
Maximum Density of Development. The Master PIan shall be approved subject
to a maximum density of development as follows:
(I) All slopes greater than 25 percent shall result in an allowable deveIopment intensity of 1 dwelling unit per ten acres;
(2) All slopes greater than 20 percent but less than 25 percent shall result in a development intensity of 1 dwelling unit per five acres;
(b)
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(3)
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(5)
(6)
A11 slopes greater than 15 percent but less than 20 percent shall result ir- I a development intensity of 1 dwelling unit per acre;
Slopes greater than 10 percent but less than 15 percent shall result in
a development intensity of 2 dwelling units per acre;
41 areas with a slope of less than 10 percent shall result in a development
intensity of 6 units per acre;
For the KeIIy Ranch Master Plan area, residential densities and slope criteria shall be permitted and based on those contained in the City approved master plan and
as approved by the Coastai Commission in Permit 6-84-617.
(7) Approximately 4 acres located adjacent to the extension of Cannon Road, and as described in Coastal Development Permit 6-84-617 are designated for visitor-serving or
Neighborhood Commercial use.
The plan required as a part of the Master Plan shall be cehfied as
accurate by a registered engineer or other qualified professional to be true and accurate
containing reasonably accurate estimates of the amount of cut and fill. The plan shall show the
existing and the finished topography of the ground to be graded and filled, inchding a site pian
of the proposed residential or commercial development in the same scale so that it can be
superimposed upon the topographic map. The Master Plan shall include a topographic map at a scale sdcient to
determine the above but no less than 1" = 100 feet having a contour interval of 5 feet with
overlays delineating areas of greater than 10,15,20, and 25 percent slopes. A map showing the
type of soil erodibility, and class based on the Land Use Capability Classification System of the
Soil Conservation Service shall be submitted in the same scale as the slopes. The Master Plap
(c) Erosion, Drainage, Sedimentation. Subject to the modifications, additions, or
exceptions expressed below, as a part of the permit application, the applicant shaIl submit an
erosion, sedimentation and drainage plan, prepared by a qualified professional, including the
requirements of the Model Erosion Control Ordinance reprinted in the Appendix to the June
1980 Carlsbad Master Drainage Plan, the requirements of the Master Drainage Plan, and the
additional requirements specifically enumerated herein. For purposes of this zone, the June
1980 Master Drainage Plan and its appendices are herein incorporated by this reference and
are a part of this zone. No subsequent amendments are a part of this zone unless certified by
the Coastal Commission. The general provisions, standards, content of plans and
implementation contained therein are in addition to the provisions below. Approved
development shall include the following conditions, in addition to the requirement specified
above: A soils map in the scale of 1" = 100 feet, showing both the erodibility of
soils and the type and location of soils, using the SCS Land Use Capability Classification System
and standards of erodibility developed by SCS. The soils map shall be certified by a soils
engineer as true and accurate.
(2) Any development proposal that affects steep slopes (25% indination 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.
shall show the computation of the densities and acreage of soils. i
(1)
(A) For those slopes mapped as possessing endangered plant/anim
species and/or coastal sage scrub and chaparral plant communities, the following policy language
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would apply:
SIOpeS 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 3%
J orade 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 EIement 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.
No further subdivisions of land or utilization of Planned Unit Deveiopments 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.
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 Iocalized 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 important-. to the entire community.
For all other steep dope areas, the City Council may allow
exceptions to the above grading provisions provided the following mandatory findings to allow
exceptions are made:
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. Grading of the slope is essential to the development intent
and design-
Slope dmance will not result in substantial damage or
alteration to major wildlife habitat or native vegetation areas. 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. 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. 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. 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 offkite to prevent siltation of Apa Hedionda Lagoon and other environmentally sensitive
areas.
(i)
(ii)
(iii)
(B)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(3)
(4) The appropriate measures shall be installed prior to onsite grading.
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(5)
(6)
All undevelopable slopes shall be placed in open space easemen= as p I
A site specific technical report shall be required addressing the cmdative effects of developing each subwatershed and recommending measures to mitigate both increased
runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosion
Control Ordinance contained in the Master Drainage Plan, with the additions and changes
adopted herein, such that a natural drainage system is generally preserved for the eastern
undeveloped watersheds, but that stormdrains are allowed for those western portions of the
watershed which have already been incrementally developed.
Mitigation measures tailored to project impacts and consistent with the control of cumulative development shail be implemented prior to development in accordance
with the following additional criteria:
Submittal of a runoff control plan designed by a licensed enoeer
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.
Detailed maintenance arrangements and various alternatives for
providing the ongoing repair and maintenance of any approved drainage and erosion control
facilities. If the offsite or onsite improvements are not to be accepted or maintained by a public
agency, detailed maintenance agreements shall be secured prior to issuance of a permit.
condition of development approval. <
(7)
(A)
(B)
(C)
(D)
(E)
All permanent runoff and erosion control devices shall be developed -
All grading activities shall be prohibited within the period from
October 1 to March 31 of each year.
All areas disturbed by grading, but not completed during the
construction period, including graded pads, shall be planted and stabilized prior to November
1 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 planting to minimize soil loss from the construction site. Said planting shall be
accomplished under the supervision of a licensed landscape architect and shall consist of
seeding, muiching, fertilization and irrigation adequate to provide 90 percent coverage within
90 days. Planting shall be repeated, if the required Ievel of coverage is not estabiished. This
requirement shall appiy to all disturbed soils, including stockpiles. Agricultural Preservation. Due to overriding and extensive wetland preservation
and protection provisions of the Kelly Ranch Master Plan as approved by the City of Carisbad
and California Coastal Commission in Permit 6-84-617, agricultural preservation policies are
waived.
Agricultural preservation policies for the remaining areas covered by this
subsection have been deleted by Local Coastal Program Amendment 2-85. Park Purposes. Park purposes shaIl be a permitted use compatible with this land
use designation, provided that any park construction is subject to Section (C), Erosion,
Drainage, Sedimentation above.
(including shared use of driveways, clustering, tandem parking, pole construcfion) shall be
and installed prior to or concurrent with any onsite grading activities. i
(d)
(e)
(f) SitingParking. Due to severe site constraints, innovative siting and design crite;
a
incorporated in the Master Plan to minimize the paved surface area. Dwelling units shall be I
clustered in the relatively flat portions of the site." 2
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Chapter 21203
COASTAL RESOURCE PROTECI'ION OVERLAY ZONE Sections:
21.203.010 Intent and Purpose
21.203.020 Applicant
21.2Q3.030 Permit Required
21203.040 Development Standards
"21.203.010 Intent And Purwse.
The intent and purpose of the Cod Resource Protection Overlay Zone is to:
A.
regulations within designated areas to preserve, protect and enhance the habitat resource vald
of Buena Vita Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsides;
Supplement the underlying zoning by providing additional resource protective-
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B.
C. Encourage proper lagoon management;
D.
E.
Provide remations in areas which provide the best wildlife habitat characteristics;
Deter soil erosion by maintaining the vegetative cover on steep slopes;
Implement the goals and objectives of Sections 30231,30233,30240@) and 30253
of the Public Resources Code and the approved Carlsbad Local Coastal Program."
"21,203.020 Applicabilitv.
This chapter implements the California Coastal Act and is applicable to all properties
located in the coastal zone as defined in Public Resources Code Section 30171. In case of any
confiict between this zone and the underiying zone, provisions of this zone shall apply."
"21.203.030 Permit Required.
Developments, including but not limited to, land divisions, as defined in Chapter
21.04.108 require a coastal development permit. This permit is subject to the requirements of
this zone and the procedural requirements for coastal development permits of Chapter 21.201
of this code."
"21 203.040 Development Standards.
The following specific development standards shall be applied to areas within the Coastal
Resource Protection Overlay Zone as part of the coastal development permit. Such standards
shall control, notwithstanding the provisions of the underlymg zone and shall include:
A. Preservation of Steep Slopes and Vegetation 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.
For those slopes mapped as possessing endangered 'plantlanimal species
and/or coastal sage scrub and chaparral plant communities, the following policy language would
Slopes of 25% grade and over shall be preserved in their natural
state, unless the application of this policy wouid 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 neariy ail 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 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.
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
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potential for localized erosion and slide hazards to prohlbit the removal of native vegetatiov I
except for creating firebreaks and/or planting fire retardant vegetation and to protect vis<
resources of importance to the entire community.
2. For all other steep slope areas, the City Council may allow exceptions to
the above grading provisions provided the following mandatoq findings to allow exceptions are
made:
a. A soils investigation conducted by a Iicensed 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.
Grading of the slope is essential to the development intent and design.
Slope disturbance will not resuit in substantial damage or alteration to major wildlife habitat or native vegetation areas.
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.
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.
Because north-€acing 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.
Buena Vista Lagoon: Developments located along the first row of lots
bordering Buena Vista Lagoon, including the parcel at the mouth of the Lagoon, shall be
designated for residential deveIopment at a density of up to four dweIling 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 development permit application.
Such information shall be provided in addition to any required Environmental Impact Report,
and shall be prepared by qualified professionals and in suf6cient detail 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 five feet, and shall include an
overlay delineating the location of the proposed project The lagoon and wetland area shall be
delineated and 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. Mapping of wetlands and siting of development shall be done in
consultation and subject to the approval of the Department of Fish and Game. Development
shall be clustered to preserve open space for habitat protection. Minimum setbacks of at least
100 feet from wetlandsflagoon shall be required in all development, in order to buffer such
sensitive habitat area from intrusion. Such buffer areas, as well as other open space areas
required in pennitted 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 area is bordered by steep siopes (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
permitted. The density of any pennitted development shall be based upon the net deveiopable
b.
c.
d.
e.
f.
i B. Drainage, Erosion, Sedimentation, Habitat
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area of the parcel, excluding any portion of a parcel which is in wetlands or lagoon.
specified in (a), a density credit may be provided for that portion of the parcel which is in steep
slopes. S tom drain alignments as proposed in the Carlsbad Master Drainage Plan which wouid
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 pemitted
on parcels bordering the Lagoon pursuant to a single planned development permit for the entire
original parcel.
2. Batiquitos Lagoon Watershed: Development located east of 1-5 (generally
referred to as the Savage property) shall be designated for a maximum densiv of development
of 8 units per gross acre, excluding wetlands and constrained slopes. Development shall take
place according to the requirements Of the P-c Planned community zone Chapter 21.38,
supplemented by these additional requirements. Land divisions shall only be permitted
pursuant to a Master Plan for the entire original parcel subject to the requirements herein:
a. Drainage, Erosion and Sedimentation requirements shall be as
specified in subsection B.4. of this section.
b. Detailed topographic maps shall be prepared by qualified
professionals. including biologists, hydrologists and engineers in sufficient detail to locate the
boundary of lagoon or wetland and upland areas. The scale shall not be less than 1" = 100'
with a contour interval of five feet, and shall inctude an overlay delineating the location of the
development. The lagoon and wetland areas shall be delineated according to the requirements
of Section 30121 of the Coastal Act and the Local Coastal Program mapping regulations,
subject to the review and approval of the State Department of Fish and Game.
Development shall be clustered to preserve open space and habitat.
A minimum setback of 100 feet from the lagoon/wetland shall be
required.
At Ieast 2/3 of any development shall be clustered on the half of the
property furthest away from the lagoon at the base of the bluff in order to preserve the
outstanding visual and natural resources.
c.
d.
e.
f.
g.
Existing mature trees shall be preserved.
Public recreation facilities shalI be provided as a condition of
development including picnic tables, parking, and a public access trail along the Iagoon shore.
The trail shall be secured by an irrevocable offer to dedicate pubtic access but shall be
developed and landscaped as a condition of development and shall be at least 15 feet wide with
unobstructed views of the lagoon. 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 percent (2 In%) of total lot area, excluding
wetiands, which is maintained in open space and public recreation in excess of fifty percent
(50%) of the total lot area, excluding wetlands. Areas - West of 1-5: For areas west of the existing Paseo del Norte, west
of Interstate 5 and along El Camino Real immediately upstream of the existing storm drains,
the following policy shall apply: A site-specific report prepared by a qualified professional shall
be required for all proposed development, identifymg mitigation measures needed to avoid
increased runoff and soil erosion. The report shall be subject to the requirements of the mode1
h.
3.
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r- erosion control ordinance contained in the Appendix to the Carlsbad Master Drainage pi
(June, 1980), and to the additional requirements contained herein. Such mitigation sh,
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 Master
Drainage Plan for the area between the project site and the Iagoon (including the debris basin),
as well as: restriction of grading activities to the months of April through September of each year, 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.
All Other Areas in the Coastal Zone: The following requirements shall
apply unless superseded by the more specific requirements herein and subject to the
rnodXcations, additions, or exceptions detailed below, as a part of the permit application, the
applicant shall submit an erosion, sedimentation and drainage report prepared by a qualified
professional which includes the requirements of the Model Erosion Control Ordinance
reprinted in the Appendix to the June 1980 Carlsbad Master Drainage Plan, all requirements
of the Master Drainage Plan, and the additional requirements specifically enumerated herein.
The June 1980 Master Drainage Plan and its appendices are herein incorporated by this
reference. No subsequent amendments are a part of this zone unless certified by the Coastal
Commission. The general provisions, procedures, standards, content of plans and
implementation contained therein are required conditions of development in addition to the
provisions below. Approved development shall include the following conditions, in addition to
4.
the requirements specified above: f
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- a. All offsite, downstream improvements (including debris basin ai( any other improvements recommended in the Drainage Plan) shall be constructed prior to the'
issuance of a grading permit onsite. Improvements shall be inspected by city or county staff and
certified as adequate and in compliance with the requirements of the Drainage Plan and the
additional requirements of this zone. If the city or county declines to accept maintenance
responsibility for the improvements, the developer shall maintain the improvements during
construction of the onsite improvements.
If the offsite or onsite improvements are not to be accepted and
maintained by a public agency, detailed maintenance agreements including provisions for
financing the maintenance through bonding-or other acceptable means shall be secured prior
to issuance of the permit. Maintenance shali be addressed in the report required to be
submitted with the permit application. The report shall discuss maintenance costs and such
costs shall be certified as a best effort at obtaining accurate figures. c. Construction of offiite drainage improvements may use an
assessment district or any other acceptable manner. Such mechanisms shall be secured by
bonding or other acceptable means prior to issuance of a coastal deveIopment permit.
If a public agency agrees to accept maintenance responsibilities, it
shall inspect the facilities prior to onsite construction or grading and indicate if such facilities
assure continued maintenance. No onsite development may take place prior to acceptance of
the drainage improvements. All construction activities shall be planned so that grading will occur
in units that can be easily completed within the summer construction season. All gradir-
operations shall be limited from April 1 to October 1 of each year. All areas disturbed 4.
grading shall be planted within 60 days of the initial disturbance and prior to October 1 with
b.
.
d.
e.
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temporary or permanent (in the case of finished slopes) erosion control methods.
Storm drainage facilities in developed areas shall be improved and
enlarged according to the Carlsbad Master Drainage Plan, incorporating the changes specified
herein. Improvement districts shall be formed for presently undeveloped areas which are
expected to urbanize in the future. The improvement districts shall implement the Master
Drainage Plan. Upstream areas in the coastal zone shall not be permitted to develop incrementally prior to installation of the storm drain facilities downstream, in order to assure
protection of coastal resources. New drainage facilities, required within the improvement
districts shall be financed either by some form of bond or from fees coUected from developers
on a cost-per-acre basis.
When earth changes are required and natural vegetation is removed,
the area and duration of exposure shall be kept at a minimum.
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.
Apply "sediment control" practices as a perimeter protection to
prevent ofkite drainage. Preventing sediment from leaving the site should be accomplished by
such methods as diversion ditches, sediment traps, vegetative fiIters, and sediment basins.
Preventing erosion is, of come, the most efficient way to control sediment runoff.
Landslides and Slope Instability: Developments within 500 feet of areas identified
generally in the PRC Toups Report, figure 8, as containing soils of the La Joila group
(susceptible to accelerated erosion) or landslide prone areas shall be required to submit
additional geologic reports containing the additional information required in the Coastal
Shoreline Development Overlay Zone.
D. Seismic Hazards: Development in liquefaction-prone areas shall include 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.
Floodplain Development: Within the coastal zone, in the 100-year floodplain, no
new or expanded permanent structures or fiil shall be permitted. Only uses compatible with
periodic flooding shall be allowed."
f.
g.
h.
i.
C.
E.
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