Carlsbad City Zoning Code
CHAPTER 21
205 COASTAL RESOURCE OVERLAY ZONE MELLO I LCP SEGMENT
§ 21.205.010 Intent and purpose.
This zone supplements the underlying zone with additional resource protection policies required to implement the land use plan pursuant to the California Coastal Act codified in Section 30000 et seq., of the Public Resources Code (all citations refer to that code). Property located in this zone is located in the watershed of Batiquitos Lagoon identified by the California Department of Fish and Game as a unique, wetland habitat. Sections 30231, 30240(b) and 30253 require that the developments adjacent to such areas be sited and designed to be compatible with the unique habitat. In addition, Section 30242 of the Coastal Act requires measures to be taken to protect continued agricultural uses in the coastal zone. Property located in this zone is also located adjacent to agricultural areas. The city finds that the additional requirements of this zone are necessary in order to implement the additional requirements of the Coastal Act enumerated above. Only with such requirements on private developments in the watershed can the city assure permanent protection of natural resources located in its portion of the coastal zone.
(Ord. NS-365 § 23, 1996)
§ 21.205.020 Authority-Conflict.
This chapter is adopted to implement the California Coastal Act. In the case of any conflict between this zone and the underlying zone, the provisions of this zone shall apply. Further, if there is any conflict between this zone and any other provision of the city code, the provisions of this zone shall apply.
(Ord. NS-365 § 23, 1996)
§ 21.205.030 Permits-Required.
Developments, including, but not limited to, land divisions, as defined in Section 21.04.108 require a coastal development permit. Such permits are subject to the requirements of this zone and the procedural requirements for coastal development permits of Chapter 21.201.
(Ord. NS-365 § 23, 1996)
§ 21.205.040 Maximum density of development.
The maximum density of development shall be seven units per gross acre. The underlying zone shall be either planned community P-C, Chapter 21.38 or RD-M, residential density-multiple zone, Chapter 21.24, in effect on September 30, 1980. The parking requirements of uses generally, Chapter 21.44, shall also apply. No subsequent amendments of the underlying zones apply in the coastal zone unless certified by the Coastal Commission.
(Ord. NS-365 § 23, 1996)
§ 21.205.050 Mitigation.
All recommended mitigation suggested by the certified final EIR shall be incorporated as a part of the project and shall be required as a condition of approval of the coastal development permit.
(Ord. NS-365 § 23, 1996)
§ 21.205.060 Erosion sedimentation, drainage.
a.
All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1) the requirements of the city's grading ordinance, stormwater ordinance, standard urban stormwater mitigation plan (SUSMP) dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan, as those documents are certified as part of the city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP; and (3) the additional requirements contained herein. Such mitigation shall become an element of the project and shall be installed prior to the initial grading.
b.
In addition, the following standards shall apply:
i.
Priority projects identified in the SUSMP will incorporate structural best management practices (BMPs) and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP;
ii.
Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook, dated January 2003 or the current version of that publication, and designed to infiltrate, filter or treat the runoff produced from each storm event up to and including the eighty-fifth percentile twenty-four-hour storm event;
iii.
Priority projects will include projects increasing impervious area by more than two thousand five hundred square feet or by more than ten percent of existing impervious area, that are in, adjacent to or drain directly to environmentally sensitive areas (ESA), identified in the City of Carlsbad standard urban stormwater mitigation plan (SUSMP) dated April 2003, using the definitions of "adjacent to" and "draining directly to" that are found in the SUSMP;
iv.
The city shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project;
v.
The city will encourage and support public outreach and education regarding the potential water quality impacts of development;
vi.
Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible;
vii.
Projects within two hundred feet of the Pacific Ocean shall be dealt with as "Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than two thousand five hundred square feet of impermeable surface or increase the impermeable surface on the property by more than ten percent;
viii.
Although residential developments of less than ten units, including single-family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within two hundred feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed, they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable;
ix.
Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within two hundred feet of an ESA, coastal bluffs or rocky intertidal areas.
c.
Mitigation shall also require construction of all improvements shown in the City of Carlsbad Drainage Master Plan and amendments to it. 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 in them are required conditions of development in addition to the provisions below. Approved development shall include the following conditions, in addition to the requirements specified above:
i.
All off-site, downstream improvements (including debris basin and any other improvements) recommended in the City of Carlsbad Drainage Master Plan shall be constructed prior to the issuance of a grading permit on-site. Improvements shall be inspected by city 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 declines to accept maintenance responsibility for the improvements, the developer shall maintain the improvements during construction of the on-site improvements;
ii.
If the off-site or on-site 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 shall 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;
iii.
Construction of off-site 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 development permit;
iv.
If a public agency agrees to accept maintenance responsibilities, it shall inspect the facilities prior to on-site construction or grading and indicate if such facilities assure continued maintenance. No on-site development may take place prior to acceptance of the drainage improvements;
v.
All areas disturbed by grading shall be planted within sixty days of the initial disturbance and prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control methods. 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. Such planting shall be accomplished under the supervision of a licensed landscape architect, and shall consist of seeding, mulching, fertilization and irrigation adequate to provide ninety percent coverage within ninety days. Planting shall be repeated if the required level of coverage is not established. This requirement shall apply to all disturbed soils including stockpiles. This requirement shall be a condition of the permit.
(Ord. NS-365 § 23, 1996; Ord. NS-622 § 3, 2002; Ord. NS-801 § 3, 2006; Ord. CS-005 §§ 10, 11, 2008)
§ 21.205.070 Buffer.
A sturdy fence capable of attenuating noise and dust impacts, generally to be a concrete block wall a minimum of six feet in height, shall be provided between residential development and agricultural areas to the north and east. As a partial alternative, utilization of natural topographic separations such as trees, chaparral and existing slopes is encouraged, to the extent that such separations can be incorporated into site planning and would accomplish adequate attenuation of noise and dust. Permanent maintenance through a homeowners association or other acceptable means shall be provided as a condition of development.
(Ord. NS-365 § 23, 1996)