Carlsbad City Zoning Code
CHAPTER 21
204 COASTAL SHORELINE DEVELOPMENT OVERLAY ZONE
§ 21.204.010 Intent and purpose.
The coastal shoreline development overlay zone is intended to provide land use regulations along the coastline area including the beaches, bluffs, and the land area immediately landward thereof. The purpose of the coastal shoreline development zone is to provide for control over development and land use along the coastline so that the public's interest in maintaining the shoreline as a unique recreational and scenic resource, promoting public safety and access, and in avoiding the adverse geologic and economic effect of bluff erosion, is adequately protected.
(Ord. NS-365 § 22, 1996)
§ 21.204.020 Application.
The coastal shoreline development overlay zone shall be applied to areas within the Mello II Segment of the Carlsbad local coastal program located between the sea and the first public road parallel to the sea.
(Ord. NS-365 § 22, 1996)
§ 21.204.030 Permitted beach uses.
Permitted uses and developments are limited to the following uses and require a coastal development permit according to the requirements of this zone:
A.
Steps and stairways for access from the top of the bluff to the beach.
B.
Toilet and bath houses.
C.
Parking lots, only if identified as an appropriate use in the local coastal program Mello II Segment land use plan (see Policy 2-3).
D.
Temporary refreshment stands, having no seating facilities within the structure.
E.
Concession stands for the rental of surfboards, air mattresses and other sports equipment for use in the water or on the beach.
F.
Lifeguard towers and stations and other lifesaving and security facilities.
G.
Fire rings and similar picnic facilities.
H.
Trash containers.
I.
Beach shelters.
(Ord. NS-365 § 22, 1996)
§ 21.204.040 Conditional beach uses.
B.
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition of approval, permitted shoreline structures may be required to replenish the beach with imported sand.
Provisions for the maintenance of any permitted seawalls shall be included as a condition of project approval. As a further condition of approval, permitted shoreline structures shall be required to provide public access. Projects which create dredge spoils shall be required to deposit such spoils on the beaches if the material is suitable for sand replenishment. Seawalls shall be constructed essentially parallel to the base of the bluff and shall not obstruct or interfere with the passage of people along the beach at any time.
(Ord. NS-365 § 22, 1996)
§ 21.204.050 Uses not on the beach subject to coastal shoreline development permit.
Uses permitted by the underlying zone map may be permitted on non-beach areas subject to granting of a coastal development permit for coastal shoreline development issued pursuant to the procedures of Chapter 21.201 of this title, unless specifically prohibited by policies or other applicable ordinances in the approved Carlsbad local coastal program. "Non beach areas" are defined as areas at elevations of ten feet or more above mean sea level (North American Datum, 1929). Permitted uses are subject to the following criteria:
A.
Grading and Excavation. Grading and excavation shall be the minimum necessary to complete the proposed development consistent with the provisions of this zone and the following requirements:
1.
Building sites shall be graded to direct surface water away from the top of the bluff, or, alternatively, drainage shall be handled in a manner satisfactory to the city which will prevent damage to the bluff by surface and percolating water.
2.
No excavation, grading or deposit of natural materials shall be permitted on the beach or the face of the bluff except to the extent necessary to accomplish construction pursuant to this section.
B.
New development fronting the ocean shall observe at a minimum, an ocean setback based on a "stringline" method of measurement. No enclosed portions of a structure shall be permitted further seaward than those allowed by a line drawn between the adjacent structure to the north and south; no decks or other appurtenances shall be permitted further seaward than those allowed by a line drawn between those on the adjacent structures to the north and south. A greater ocean setback may be required for geologic reasons and if specified in the local coastal program.
(Ord. NS-365 § 22, 1996)
§ 21.204.060 Requirements for public access.
One or more of the following types of public access shall be required as a condition of development:
A.
Lateral Public Access.
1.
Minimum Requirements. Developments shall be conditioned to provide the public with the right of access to a minimum of twenty-five feet of dry sandy beach at all times of the year. The minimum requirement applies to all new developments proposed along the shoreline requiring any type of local permit including a building permit, minor land division or any other type of discretionary or nondiscretionary action.
2.
Additional Requirements. New developments as specified below shall be conditioned to provide the public with lateral public access in addition to minimum requirements.
a.
Applicability.
(1)
Seawalls and other shoreline protective devices.
(2)
Developments on parcels where there is evidence of historic public use. In such areas the amount and location of additional access shall be equal to the amount and extent of public use.
(3)
Development which either by itself or in conjunction with anticipated future projects adversely affects existing public access by overcrowding of major coastal access roads or existing beach areas.
(4)
Development which commits ocean front lands to nonpriority uses such as residential uses, non-visitor, or non-coastally oriented commercial and industrial uses.
(5)
Access as identified in the local coastal program. Developments adjacent to Buena Vista Lagoon (see Policy 7-6 of the local coastal program Mello II Segment land use plan) and the parcel located at extreme north end of Ocean Street (see Policy 7-8 of the local coastal program Mello II Segment land use plan).
b.
Required Standards. In determining the amount and type of additional lateral public access to be required (e.g., area for additional parking facilities, construction of improvements to be made available to the public, increased dry sandy beach area, or type of use of the dry sandy beach) the city shall make findings of fact considering all of the following:
(1)
The extent to which the development itself creates physical and visual impediments to public access which has not been mitigated through revisions in design or plan changes.
(2)
The extent to which the development discourages the public from visiting the shoreline because of the physical and visual proximity of the development to the shoreline.
(3)
The extent to which the development burdens existing road capacity and on street parking areas thereby making it more difficult to gain access to and use of the coast by further congesting access roads and other existing public facilities such as beaches, parks and road or sewer capacities.
(4)
The extent to which the development increases the intensity of use of existing beach and upland areas, thereby congesting current support facilities.
(5)
The potential for physically impacting beach and other recreational areas inherent in the project affecting shoreline wave and sand movement processes.
B.
Bluff Top Access.
1.
Minimum Requirements. Development adjacent to a shorefront bluff top lot where no beach exists or where beach is inaccessible because stairways have not or cannot be provided, shall be conditioned to provide the public with the right of access of at least twenty-five feet along the current bluff edge for coastal scenic access to the shoreline. The minimum requirement applies to all new developments proposed on bluff tops along the shoreline requiring any type of local permit including a building permit, a minor subdivision or any other type of discretionary or non-discretionary action.
2.
Additional Requirements. New developments along the bluff top area which result in additional burdens to public access to the shoreline shall be conditioned to provide the public with public access such as view points in addition to the requirements specified above.
3.
Description of Accessway. The bluff top access shall be described as an area beginning at the current bluff edge extending at least twenty-five feet inland. Due to the potential for erosion of the bluff edge, the area shall be adjusted inland to the current bluff edge as the edge recedes. However, the easement shall not extend any closer than ten feet from an occupied residential structure or the distance specified in the certified local coastal program. The area shall be legally described with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner: "Such easement shall be located along the bluff top measured inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, the location of this right-of-way would change over time with the then current bluff edge, but in no case shall it extend any closer than feet from (a fixed inland point, such as a road or other easement monument)."
C.
Vertical Access.
1.
Requirements. Development between the first public road and the sea may be required to provide both lateral and vertical access.
2.
Standards for Determining if Vertical Access is to be Required. The city shall review all of the following factors in determining whether vertical access is required. The determination shall be supported by findings of fact which consider all of the following:
a.
Existing and anticipated public need to gain access to the shoreline including the location and use of currently existing official accessways in the vicinity.
b.
Physical constraints of the site, including availability of sandy beach, safety and current use, and habitat values proximity to agricultural areas, military security.
c.
Ability to provide for public use by mitigating time and location of such use.
d.
Location and necessity of support facilities. If suitable parking areas do not exist, vertical accessways will be required at frequent intervals, so that parking will be spaced in the area at an even rate.
e.
Privacy needs of property owner and site design changes which are available to protect privacy.
f.
Nature of the development proposed in relation to its impact on public access.
3.
Types of Use of Vertical Access Area. The vertical access required as a condition of development shall be limited to the public right-of-pass and repass unless another type of use is specified as a condition of the development. In determining if another type of use is appropriate, the local government shall consider the specific factors enumerated in this section.
4.
Siting and Description of the Accessway. If possible, vertical accessways shall be sited along the border of the development and shall extend from the road to the bluff edge or shoreline. If a different siting of the accessway is more appropriate considering the topography of the site and the design of the proposed project, the vertical accessway may be resited in the middle of the parcel. If sited in the middle of a parcel, the property shall be surveyed at the landowner's expense and a legal description shall be prepared. If a residential structure is proposed, the accessway should not be sited closer than five feet to the structure or the distance specified in the certified local coastal program. The vertical accessway shall be a minimum of ten feet in width to allow for public pedestrian use of the corridor. Any accessway shall be legally described prior to issuance of the coastal development permit.
(Ord. NS-365 § 22, 1996)
§ 21.204.070 Special access requirements for developments or new developments on sites containing evidence of historic public use.
If the certified local coastal program or the permit process produces evidence of historic public use on a development site located in the coastal zone, development shall be required to meet all of the following requirements:
A.
Siting and Design of Development.
1.
Development shall be sited and designed in a manner which does not interfere or diminish the potential public rights based on historic public use. Mechanisms for guaranteeing the continued public use of the site shall be required in accordance with Section 21.204.080; or
2.
Development may be sited in the area of potential historic public use provided that an area of equivalent public access has been provided in the immediate vicinity of the development site which will accommodate the same type and intensity of use as previously may have existed on the development site. An equivalent access area shall provide access of comparable site, and type of use. Mechanisms for guaranteeing the continued public use of the area shall be required in accordance with Section 21.204.080.
B.
An access condition shall not serve to extinguish, adjudicate or waive potential prescriptive rights. In permits with possible prescriptive rights, the following language shall be added to the access condition: "Nothing in this condition shall be construed to constitute a waiver of any sort or a determination on any issue of prescriptive rights which may exist on the parcel itself or on the designated easement." In addition, findings shall be made which specifically address the prescriptive rights issue.
C.
The certified local coastal program indicates evidence of historic use on parcels located seaward of Carlsbad Boulevard adjacent to Buena Vista Lagoon. Other areas may also be subject to such use.
(Ord. NS-365 § 22, 1996)
§ 21.204.080 Mechanism for guaranteeing public access.
A.
Legal Instruments Required. Prior to the issuance of a permit for development in the coastal zone between the first public road and the sea, each applicant shall record one of the following legal documents as specified in the condition of approval.
1.
Irrevocable Offer to Dedicate. Prior to issuance of a development permit, the landowner shall submit a preliminary title report and shall record an irrevocable offer to dedicate an easement or fee interest free of prior liens and encumbrances except tax liens in the public accessway as described in the permit condition. This offer can be accepted by an appropriate agency which may or may not be the local government within twenty-one years.
2.
Outright Grant of Fee Interest or Easement. If the parcel is important in and of itself for access needs, the size and scope of the proposed development is such that an outright interest is appropriate, or there is an accepting agency available to accept the easement (as in subdivision map approvals), a grant of an easement or fee is required prior to issuance of the permit.
3.
Deed Restrictions. Deed restrictions do not grant any interest in land proposed for public access and the landowner retains all responsibility for the maintenance of the accessway. Deed restrictions are appropriate in limited situations, e.g., in a large residential development where the accessways will mostly be used by residents and a homeowners association is available to maintain the accessway or in commercial facilities. Deed restrictions are not appropriate for small parcels or for accessways that will require public maintenance.
B.
Title Information. As a condition to the issuance of the permit, the applicant shall be required to furnish an ALTA title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of insurance shall be estimated on the basis of what it would cost to acquire an equivalent access or recreational use elsewhere in the vicinity.
C.
Procedure. Copies of the recorded document, title report, and permit shall be forwarded to the California Coastal Commission by the applicant within ten days after submission of the recorded document for preparation of the coastal access inventory as required by Section 30530 of the Coastal Act. The accepting agency or Commission staff may make minor revisions to the documents (such as corrections in the legal descriptions, minor revisions to the location and use of the accessways in order to open the area up for public use) to assure that the public right-of-access along dry sandy beaches, bluff top parcels, or the vertical accessways is protected and capable of being implemented.
(Ord. NS-365 § 22, 1996; Ord. CS-102 § CXXXI, 2010)
§ 21.204.090 Site plans required.
Applications for site plan review shall be accompanied by such data and information as may be required by the City Planner including maps, plans, drawings, sketches and documented material as is necessary to show:
A.
Boundaries and Topography. Boundaries and existing topography of the property, location of bluff line and beach, and adjoining or nearby streets;
B.
Existing Structures. Location and height of all existing buildings and structures, existing trees and the proposed disposition or use thereof;
C.
Proposed Structures. Location, height and proposed use of all proposed structures, including walls, fences and freestanding signs, and location and extent of individual building sites;
D.
Circulation. Location and dimensions of ingress and egress and egress points, interior roads and driveways, parking areas, and pedestrian walkways;
E.
Drainage. Location and treatment of important drainage ways, including underground drainage systems;
F.
Finished Topography. Proposed grading and removal of placement of natural materials, including finished topography of the site; and
G.
Landscaping. Proposed landscaping plan including location of game courts, swimming pools and other landscape or activity features.
(Ord. NS-365 § 22, 1996; Ord. CS-164 § 10, 2011)
§ 21.204.100 Site plan review criteria.
The site plans required by Section 21.204.090 shall be reviewed and evaluated by the City Planner for conformance with the following criteria:
A.
Coastal Development Regulations. All elements of the proposed development are consistent with the intent and purpose of the coastal shoreline development overlay zone.
B.
Appearance. Buildings and structures will be so located on the site as to create a generally attractive appearance and be agreeably related to surrounding development and the natural environment.
C.
Ocean Views. Buildings, structures, and landscaping will be so located as to preserve to the degree feasible any ocean views as may be visible from the nearest public street.
D.
Retention of Natural Features. Insofar as is feasible, natural topography and scenic features of the site will be retained and incorporated into the proposed development.
E.
Grading and Earth-Moving. Any grading or earth-moving operations in connection with the proposed development are planned and will be executed so as to blend with the existing terrain both on and adjacent to the site.
F.
Public Access. The policies of the local coastal program pertaining to public access have been carried out.
(Ord. NS-365 § 22, 1996; Ord. CS-164 § 10, 2011)
§ 21.204.110 Geotechnical reports.
A.
Geotechnical reports shall be submitted to the City Planner as part of an application for plan approval. Geotechnical reports shall be prepared and signed by a professional civil engineer with expertise in soils and foundation engineering, and a certified engineering geologist or a registered geologist with a background in engineering applications. The report document shall consist of a single report, or separate but coordinated reports. The document should be based on an onsite inspection in addition to a review of the general character of the area and it shall contain a certification that the development as proposed will have no adverse effect on the stability of the bluff and will not endanger life or property, and professional opinions stating the following:
1.
The area covered in the report is sufficient to demonstrate the geotechnical hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions at the site;
2.
The extent of potential damage that might be incurred by the development during all foreseeable normal and unusual conditions, including ground saturation and shaking caused by the maximum credible earthquake;
3.
The effect the project could have on the stability of the bluff.
B.
As a minimum the geotechnical report(s) shall consider, describe and analyze the following:
1.
Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site.
2.
Historic, current and foreseeable cliff erosion including investigation of recorded land surveys and tax assessment records in addition to the use of historic maps and photographs where available and possible changes in shore configuration and sand transport.
3.
Geologic conditions, including soil, sediment and rock types and characteristics and structural features, such as bedding, joints and faults.
4.
Evidence of past or potential landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity.
5.
Impact of construction activity on the stability of the site and adjacent area.
6.
Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage).
7.
Potential erodibility of site and mitigating measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design).
8.
Effects of marine erosion on seacliffs.
10.
Any other factors that might affect slope stability.
11.
The potential for flooding due to sea surface super elevation (wind and wave surge, low barometric pressure and astronomical tide), wave run-up, tsunami and river flows. This potential should be related to one-hundred and five-hundred-year recurrence intervals.
12.
A description of any hazards to the development caused by possible failure of dams, reservoirs, mudflows or slides occurring off the property and caused by forces or activities beyond the control of the applicant.
13.
The extent of potential damage that might be incurred by the development during all foreseeable normal and unusual conditions, including ground saturation and shaking caused by the maximum credible earthquake.
14.
The effect the project could have on the stability of the bluff.
15.
Mitigating measures and alternative solutions for any potential impact.
The report shall also express a professional opinion as to whether the project can be designed or located so that it will neither be subject to nor contribute to significant geologic instability throughout the lifespan of the project. The report shall use a currently acceptable engineering stability analysis method, shall describe the degree of uncertainty of analytical results due to assumptions and unknowns, and at a minimum, shall cover an area from the toe of the bluff inland to a line described on the bluff top by the intersection of a plane inclined at a twenty-degree angle from horizontal passing through the toe of the bluff or fifty feet inland from the bluff edge, whichever is greater. The degree of analysis required shall be appropriate to the degree of potential risk presented by the site and the proposed project. If the report does not conclude that the project can be designed and the site be found to be geologically stable, no coastal shoreline development permit shall be issued. |
(Ord. NS-365 § 22, 1996; Ord. CS-164 § 10, 2011)
§ 21.204.120 Waiver of public liability.
As part of the coastal development permit for a coastal shoreline development, the following requirement shall be completed:
That prior to the transmittal of the coastal development permit, the applicant shall submit to the City Planner a deed restriction for recording, free of prior liens except for tax liens, that binds the applicant and any successors in interest. The form and content of the deed restriction shall be subject to the review and approval of the City Planner. The deed restriction shall provide:
A.
That the applicants understand that the site may be subject to extraordinary hazard from waves during storms, from erosion, and from landslides, and the applicants assume the liability from those hazards;
B.
The applicants shall unconditionally agree to indemnify and hold the city harmless from liability for any damage from such hazards; and
C.
The applicants understand that construction in the face of these probable hazards may make them ineligible for public disaster funds or loans for repair, replacement or rehabilitation of the property in the event of storms and landslides.
(Ord. NS-365 § 22, 1996; Ord. CS-102 § CXXXII, 2010; Ord. CS-164 § 10, 2011)