Carlsbad City Zoning Code

The development of one single-family dwelling unit on a residentially zoned lot;

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 forty percent or greater and an elevational difference (height) of fifteen feet or greater which has been previously graded consistent with an authorized grading permit;

The development (trenching, utility construction and backfilling) of underground utility systems.

Be made in writing on a form provided by the City Planner;

State fully the circumstances and conditions relied upon as grounds for the application; and

Be accompanied by:

Minor Hillside Development Permit.

Hillside Development Permit.

Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have been properly identified;

The project complies with the purpose and intent provisions of Section 21.95.010 of this chapter;

The project complies with Section 21.95.140 of this chapter and Section 21.95.160 if a modification to the development and design standards is approved;

The project design substantially conforms to the hillside development guidelines manual.

Unless exempted by Section 21.95.040, an amendment to a minor hillside development permit or hillside development permit shall be required for any portion of a project which has a minor hillside development permit or hillside development permit that is proposed for redesign and otherwise requires a minor hillside development permit or hillside development permit per Section 21.95.030.

0—less than 15% slopes.

15—less than 25% slopes.

25—40% slopes.

Slopes greater than 40%.

Percentage of slope is determined by:

Be drawn at the same scale and indexed or keyed to the constraints map, grading or preliminary grading plan and project site map;

Show both existing and proposed topography, structures and surface infrastructure. 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;

Include the slope profile for at least one hundred feet outside of the project site boundary or adjacent public street;

Be drawn along those locations of the project site where:

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 degree angle to the other slope profiles and existing contour lines.

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.

Natural slopes which have all of the following characteristics shall be undevelopable:

Outside the coastal zone, projects which propose the development of natural slopes defined in Section 21.95.140(B)(l) shall nevertheless be allowed, only if the project qualifies as an exclusion or obtains a modification, pursuant to Sections 21.95.150 and 21.95.160, respectively.

Manufactured slopes which have a gradient of greater than forty percent and an elevation differential of greater than fifteen feet shall be subject to the following development standards.

The volume of earth moved for cuts and fills shall be minimized.

The relative acceptability of hillside grading volume shall be determined by the following:

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 noted for each particular cut or fill and the total volume of cut and fill for the project. The larger volume of the total cut or total fill volumes divided by the total graded area (in acres) shall equal the volume of hillside grading for the project.

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 City Planner and City Engineer.

Applications proposing grading 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 Sections 21.95.150 and 21.95.160 of this chapter respectively.

Manufactured slopes shall not be greater than forty feet in height.

Slope Height Exclusions. See Section 21.95.150 of this chapter.

All manufactured slopes which are greater than twenty feet in height and two hundred feet in length and which are located adjacent to or are substantially visible from a circulation element road, collector street or useable public open space area shall be contour graded.

Contour graded slopes that are developed in nonresidential projects shall be designed to vary slope gradients between fifty percent (2:1 slope ratio) and thirty-three percent (3:1 slope ratio).

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 that are developed on hilltops and/or pads created on downhill perimeter slopes of greater than fifteen feet in height shall be set back so that the building does not intrude into a 0.7 foot horizontal to one foot vertical imaginary diagonal plane that is measured from the edge of slope to the building. For all buildings which are subject to this slope edge building setback standard, a profile of the diagonal plane shall be submitted with all other development application requirements.

Building setbacks pursuant to this chapter do not apply to:

If a downhill perimeter slope is regraded (filled) consistent with Section 21.95.140(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).

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 may include, but are not limited to, noise attenuation walls, privacy walls or security walls.

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.

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 standards.

Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of or grading.

The proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of Section 21.95.140.

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 21.95.140.

The proposed modifications will result in the preservation of natural habitat as required by the city's habitat management plan and the required amount of preservation could not be achieved by strict adherence to the requirements of Section 21.95.140 of this chapter.