This overlay zone is composed of properties which are located directly in, or in proximity to, the Los Penasquitos and San Dieguito Lagoons. The purpose of this Lagoon Overlay Zone is to protect the wetland resources of these lagoon areas and their sensitive upland habitats by requiring that all development activities taking place in the zone are designed and implemented in a manner that is consistent with wetland habitat protection and enhancement.

(Ord. No. 722; Ord. No. 845)

Property within the Lagoon Overlay Zone shall be those designated areas by ordinance and depicted upon the City Zone Map. Additionally, areas which qualify as wetlands, pursuant to the provisions of this Chapter, and which are identified subsequent to the adoption of this Chapter shall also be considered to be with the Lagoon Overlay Zone and subject to all regulations herein. The City shall thereafter update the City Zone Map to modify the boundaries of the Lagoon Overlay Zone from time to time to incorporate newly-discovered wetlands.

A.

For purposes of this Chapter, the following definitions shall apply.

1.

Wetlands shall mean all lands which are transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or where the land is periodically covered by water. Wetlands include: saltwater marshes, freshwater marshes, open or closed brackish water, marshes, swamps, mudflats, and fens. All lands having one or more of the following attributes are "wetlands":

a.

Lands which, at least periodically, support predominantly hydrophytes (plants whose habitat is water or very wet places);

b.

Lands in which the substratum is predominantly undrained hydric soil; or

c.

Lands in which the substratum is non-soil and is saturated with water or covered by water at some time during each year.

2.

Wetland Buffer shall mean lands which provide a buffer between human development activity and wetland areas and which serve to protect the environmental and functional habitat values of the wetland, and/or lands which are integrally important in supporting the full range of the wetland and adjacent upland biological community through their function as upland transitional habitat.

Unless specified herein, allowable uses in the Lagoon Overlay Zone shall be those uses and accessory uses allowed by the underlying zone, subject to the regulations and restrictions of the underlying zone and of this Chapter.

See underlying Zone.

See Chapter 30.80.

Unless otherwise exempted by this Title, no building, improvement, structure, or portion thereof shall be erected, constructed, converted, established, altered or enlarged; nor shall any lot or premises be subject to excavation, grading or clearance of vegetation; nor shall any subdivision occur until both a Conditional Use Permit and Coastal Development Permit are obtained from the Planning Commission. In reviewing the applications for Conditional Use Permits and Coastal Development Permits, the Planning Commission shall apply the standards of review contained in the underlying zone as well as those contained in this Chapter.

A.

Permitted uses in wetlands shall be limited to the uses and activities listed below. These uses shall be allowed only when they are designed and implemented in a manner that will not involve grading, filling, construction, or placement of structures within the boundaries of wetlands as determined pursuant to the provisions of this Chapter.

1.

Aquaculture, provided that it is carried out in such a manner so as to avoid any adverse impacts to the water quality or the biological productivity of the wetlands.

2.

Scientific research, passive recreation and/or educational uses, provided that they do not involve adverse impacts to the natural ecosystem.

3.

Wetland restoration projects where the primary function is restoration of wetland habitat and function. Notwithstanding the provisions of Subsection A. above, restoration projects may include such activities as grading, filling and/or beach replenishment directly associated with the wetland restoration project.

(Ord. No. 733)

A.

Permitted uses and activities in wetland buffer areas shall be limited to the following:

1.

Passive recreational access paths and viewpoints when designed to ensure no adverse impacts to adjacent wetland areas, and when designed in conformance with the provisions of the certified Local Coastal Program Land Use Plan.

2.

The placement of improvements necessary to provide protection, preservation, or enhancement of adjacent wetland areas. Such improvements may include, but are not limited to, construction of fencing, creation of landscape berms, and placement of signage related to scientific, educational, or recreational uses.

3.

All uses permitted in wetland areas.

A.

To protect wetland areas, all new development projects , which are located on property which includes or lies in proximity to wetland habitat, as defined in this Chapter, shall include the provision of a continuous wetland buffer. Unless otherwise specified herein, the wetland buffer shall be a minimum of 100 feet in width. The wetland buffer shall be measured landward from the boundary of wetlands as delineated on plans required pursuant to the application submittal requirements of this Chapter.

B.

A wetland buffer of less than 100 feet in width shall be allowed only with the concurrence of the California Department of Fish and Game and when the Planning Commission makes the following findings:

1.

That the physical characteristics of the site, such as the size and dimensions of the property are adequate to protect the resources of the adjacent wetlands, based on site-specific factors.

a.

When making such a finding, the Planning Commission shall, in consultation with the California Department of Fish and Game, consider site-specific factors such as the type and size of the development proposed; the mitigation measures provided (such as planting of vegetation or construction of fencing); elevation differentials which may exist between the proposed development and wetland areas; the need for upland transitional habitat; or other similar factors which will serve to contribute to the purposes of a wetland buffer area.

b.

When making a finding regarding the use of a buffer of less than 100 feet in width, the Planning Commission shall consider any recommendations provided by representatives of the California Department of Fish and Game.

C.

In no event shall a wetland buffer be reduced to a width of less than 50 feet.

D.

Authorization which has been granted by the Planning Commission to provide a wetland buffer of less than 100 feet for one aspect of a development proposal, shall not be construed as an authorization to provide a buffer of less than 100 feet in width for other aspects of the proposal unless such authorization has been specifically enumerated in the findings required pursuant to this Section.

(Ord. No. 845)

A.

In addition to the wetland buffers required pursuant to this Chapter, new projects shall be reviewed for the appropriateness of providing a physical barrier, which will minimize access to wetland areas and immediate uplands, by humans and domestic animals. The imposition of a condition requiring the installation of fencing, landscape berms or other suitable barriers shall be based on a finding that the uncontrolled access of humans and domestic animals would adversely affect the biological productivity of the wetlands.

A.

Applications for development of property within the Lagoon Overlay Zone shall include topographic and vegetative maps, as necessary, to delineate the boundaries of all wetland areas located on-site or off-site in proximity to the development proposal. Maps required by this Section shall be of a scale not less than one inch equals 100 feet and shall delineate the topography of the site in two-foot contour intervals. The determination of the boundary of wetland areas shall be included as an overlay to the required topographic map and shall be prepared by a qualified professional(s) in the fields of biology and hydrology. The Director of Planning and Community Development shall have the discretion to contact representatives of the California Department of Fish and Game and the United States Fish and Wildlife Service to confirm the wetland boundary information and determination provided by an applicant(s).

B.

Applications involving grading on property, which includes, or lies in proximity to wetland areas as defined in this Chapter shall include a grading plan prepared by a registered civil engineer. The grading plan shall be designed to ensure that there will be no increase in the peak runoff rate from the fully developed site over the greatest discharge that would occur from the existing undeveloped site as a result of the intensity of rainfall expected during the six-hour, ten-year design storm. The grading and erosion control plan shall include:

1.

Plans for all runoff and erosion control measures to be installed including: catchment basins, detention basins, and siltation traps along with energy dissipating measures at the terminus of storm drains, and other similar measures of equal or greater effectiveness.

2.

A description of the erosion control procedures to be utilized during all phases of project development.

3.

Plans prepared by a licensed landscape architect or other qualified professional for the installation of temporary and permanent landscaping for soil retention.

A.

Wetland areas and wetland buffer areas to be retained in, or restored to, their natural state pursuant to the application of these Lagoon Overlay Zone regulations shall be subject to conditions to ensure the future protection of the designated area(s) from encroachment, disturbance, or degradation. Said conditions shall include the recordation of an open space deed restriction, conservation easement, or open space easement over the protected wetland and/or wetland buffer area(s) to ensure their protection and to serve notice to the property owner, subsequent owners or interested parties of the restrictions in effect on such property.

B.

The transfer of fee title of wetland areas to an appropriate public agency shall also serve to satisfy the requirements of this Section.

In order to minimize and control runoff and the associated erosion and sedimentation of downstream wetland areas, all development activities on project sites within the Lagoon Overlay Zone shall comply with each the following grading methodology and erosion control practices:

A.

Projects shall be conditioned to ensure that runoff from impervious surfaces shall either be directed towards existing publicly owned discharge and drainage systems or retained on-site in settling ponds or other drainage/erosion control measures. Where, due to factors of topography, neither direction of runoff into storm drain systems nor retention on-site is possible, runoff shall be appropriately discharged at non-erosive flows and velocities through the use of energy dissipation devices.

B.

Temporary erosion control measures shall include the use of berms, interceptor ditches, sandbagging, hay bales, filtered inlets, debris basins, silt traps, or other similar means of equal or greater effectiveness. All such erosion control measures shall be installed prior to the commencement of grading in the areas for which the erosion control measures are intended and shall be removed within 30 days of project completion.

C.

For projects involving a total of more than 25 cubic yards of cut and/or fill grading, no grading shall occur during the rainy season, identified for purposes of this Chapter as the period from November 15th to March 31st. This Section shall not apply to approved wetland restoration projects.

D.

In addition to other erosion control measures required pursuant to this Chapter, all graded slopes shall be stabilized prior to the November 15th onset of the rainy season through the provision of vegetative erosion control. Vegetative erosion control may be achieved through measures such as: landscape planting, seeding, mulching, fertilization, and irrigation. The installation of vegetative erosion control shall occur with sufficient time to achieve landscape coverage prior to the November 15th start of the rainy season.

E.

All graded areas disturbed but not completed prior to November 15th, including graded pads and stockpiles, shall be suitably prepared to prevent excessive soil loss during the November 15th to March 31st rainy season.

F.

All permits shall be subject to the submittal of a polluted runoff control plan. The required plan shall incorporate the use of structural and non-structural Best Management Practices (BMPs), to the extent necessary, to minimize the discharge of pollutants carried by runoff from urban development into surface water drainage, and to maintain post-development peak runoff rate and average volume at levels similar to pre-development levels. The plan shall include, but not be limited to the following Best Management Practices (BMPs), as applicable: silt traps, catch basins, oil/grit separators, street sweeping and cleaning program, low-maintenance landscape and pesticide management plan, solid waste management public education program. Post-construction structural BMPs (or suites of BMPs) should be designed to treat, infiltrate or filter storm water runoff from each storm, up to and including the 85 ^th percentile, 24-hour storm event for volume-based BMPs, and/or the 85 ^th percentile, one-hour storm event, with an appropriate safety factor, for flow-based BMPs. The plan shall include a monitoring component to ensure long-term maintenance of BMPs as relevant, and to allow for continued evaluation of the effectiveness of the polluted runoff control plan in meeting the goals of the LUP regarding the protection and enhancement of sensitive resources.

(Ord. No. 733)

A.

Where the installation of erosion and/or drainage control measures is required pursuant to the provisions of this Chapter, the responsibility for maintenance of such measures shall rest with the applicant unless such responsibility is assumed by another agency or party found acceptable by the Planning Director.

B.

The responsibility for maintenance of drainage and erosion control measures and a detailed maintenance program shall be included in an agreement(s) recorded against the deed for the property. The arrangements shall provide for the ongoing repair and maintenance of approved control measures, complete with security deposits as necessary, to ensure continued effective erosion/drainage control.

A.

New or redevelopment projects within the Lagoon Overlay Zone shall include the retention of the maximum amount of native vegetation on the site. Revegetation or landscaping of sites within the Lagoon Overlay Zone shall include the use of non-invasive, drought tolerant species native to the San Diego coastal region and which are compatible with adjacent wetland habitat species.

A.

No subdivision shall be approved unless the Planning Commission makes a finding that the proposed design of the subdivision and its improvements will be consistent with the criteria of this Chapter. Specifically, no subdivision shall be approved for creation of a lot(s) which would be incapable of either: 1) supporting the construction of a use allowed within the underlying zone; or 2) supporting such construction with provision of the applicable wetland setbacks and other resource protection measures required pursuant to this Chapter. In reviewing the subdivision proposal, the Planning Commission shall take into consideration the probable impacts that the project, including subsequent development on the lot(s), will have on preservation of wetlands resources.