Note: Prior ordinance history: Ord. Nos. NS-446, NS-524, NS-783, CS-102, and CS-164.
The purposes and intent of this chapter are to:
A. 
Implement the goals and objectives of the land use and open space/conservation elements of the Carlsbad general plan;
B. 
Assure hillside conditions are properly identified and incorporated into the planning process;
C. 
Preserve and/or enhance the aesthetic qualities of nature hillsides and manufactured slopes by designing projects which relate to the slope of the land, minimizing the amount of project grading, and incorporating contour grading into manufactured slopes which are located in highly visible public locations;
D. 
Assure that the alteration of natural hillsides will be done in an environmentally sensitive manner whereby lagoons and riparian ecosystems will be protected from increased erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur.
(Ord. CS-178 § CXXVIII, 2012)
The following definitions are established:
A. 
Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
"Collector street"
means any street with a minimum right-of-way width of sixty feet which intersects with a circulation element road and provides either primary or secondary access to a residential or nonresidential project.
"Contour grading"
means a grading concept designed to result in earth forms which resemble natural terrain characteristics. Horizontal and vertical curve variations should be used for slope banks.
"Development"
means grade, erect or construct.
"Downhill perimeter slope"
means a slope located between a pad or gently sloping area (gradient is less than ten percent) of a single lot and the property line that is at a lower level than the pad or gently sloping area of the lot.
"Grade"
means to excavate or fill or any combination thereof.
"Manufactured slope"
means a man-made slope consisting wholly or partially of either cut or fill material.
"Natural slope"
means a slope which is not manufactured.
"Project"
means any proposal for "development."
"Slope"
means ground that forms a natural or artificial incline.
"Total graded area"
means all areas of project grading (both on-site and off-site) which are necessary to enable the achievement of the project.
"Uphill perimeter slope"
means a slope located between the pad or gently sloping area (gradient is less than ten percent) of a single lot and a property line located at a higher level than the pad or gently sloping area of the lot.
(Ord. CS-178 § CXXVIII, 2012)
A. 
Unless exempt pursuant to Section 21.95.040 of this chapter, no person shall grade, or erect, or construct into or on top of a slope which has a gradient of fifteen percent or more and an elevation differential greater than fifteen feet without first obtaining a minor hillside development permit or hillside development permit pursuant to this chapter.
B. 
A minor hillside development permit shall be required, except as specified in subsection C of this section.
C. 
A hillside development permit shall be required if the permit application is processed concurrently with any other permit(s) for which the Planning Commission or City Council is the decision-making authority.
(Ord. CS-178 § CXXVIII, 2012)
A. 
The following developments are exempt from the requirement to obtain a minor hillside development permit or hillside development permit, provided that the development complies with Section 21.95.140 of this chapter and the city's hillside development and design guidelines:
1. 
The development of one single-family dwelling unit on a residentially zoned lot;
2. 
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;
3. 
The development (trenching, utility construction and backfilling) of underground utility systems.
B. 
Any development exempted by Section 21.95.040.A above, which does not comply with Section 21.95.140 and the city's hillside development guidelines, must submit an application for a hillside development permit or hillside development permit amendment in order to obtain an exclusion from or modification to the development and design standards pursuant to this chapter.
(Ord. CS-178 § CXXVIII, 2012)
A. 
An application for a minor hillside development permit or hillside development permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall:
1. 
Be made in writing on a form provided by the City Planner;
2. 
State fully the circumstances and conditions relied upon as grounds for the application; and
3. 
Be accompanied by:
a. 
A legal description of the property involved.
b. 
Adequate plans that allow for detailed review pursuant to this chapter and demonstrate compliance with the hillside mapping procedures in Section 21.95.130.
c. 
All other materials as specified by the City Planner.
B. 
At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
(Ord. CS-178 § CXXVIII, 2012)
A. 
Notice of an application for a minor hillside development permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title.
B. 
Notice of an application for a hillside development permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. CS-178 § CXXVIII, 2012)
A. 
Applications for minor hillside development permits and hillside development permits shall be acted upon in accordance with the following:
1. 
Minor Hillside Development Permit.
a. 
An application for a minor hillside development permit may be approved, conditionally approved or denied by the City Planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title.
b. 
The City Planner may approve or conditionally approve the minor hillside development permit if all of the findings of fact in Section 21.95.080 of this chapter are found to exist.
2. 
Hillside Development Permit.
a. 
An application for a hillside development permit may be approved, conditionally approved or denied by the Planning Commission or City Council, as specified in Section 21.54.040 of this title.
b. 
The decision on a hillside development permit shall be based upon the decision-making authority's review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.
c. 
The decision-making authority shall hear the matter, and may approve or conditionally approve the hillside development permit if all of the findings of fact in Section 21.95.080 of this title are found to exist.
(Ord. CS-178 § CXXVIII, 2012)
A. 
No minor hillside development permit or hillside development permit shall be approved unless the decision-making authority finds that:
1. 
Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have been properly identified;
2. 
The project complies with the purpose and intent provisions of Section 21.95.010 of this chapter;
3. 
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;
4. 
The project design substantially conforms to the hillside development guidelines manual.
(Ord. CS-178 § CXXVIII, 2012)
A. 
The expiration period for an approved minor hillside development permit or hillside development permit shall be as specified in Section 21.58.030 of this title.
B. 
The expiration period for an approved minor hillside development permit or hillside development permit may be extended pursuant to Section 21.58.040 of this title.
C. 
An approved minor hillside development permit or hillside development permit may be amended pursuant to the provisions of Section 21.54.125 of this title.
1. 
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.
(Ord. CS-178 § CXXVIII, 2012)
The provisions of this chapter shall be applied so as to:
A. 
Not preclude a reasonable use of a legal parcel which includes hillside conditions as regulated by this chapter;
B. 
Not preclude the efficient and safe provision of public facilities or services to any legal parcel; and
C. 
Allow development of at least one single-family dwelling unit per parcel described in subsection A of this section.
(Ord. CS-178 § CXXVIII, 2012)
A slope analysis and slope profiles shall be illustrated on a constraints map, and shall accompany all development submittals which propose grading or development of slopes which have a gradient of fifteen percent or more and have an elevation differential greater than fifteen feet.
A. 
Slope Analysis. The slope analysis shall identify the acreage of all natural and manufactured slopes within each of the following slope categories.
1. 
0—less than 15% slopes.
2. 
15—less than 25% slopes.
3. 
25—40% slopes.
4. 
Slopes greater than 40%.
5. 
Percentage of slope is determined by:
Vertical Distance
(Contour interval)
× 100 = % Slope
Horizontal Distance
(Distance between contour intervals)
B. 
Slope Profiles. A minimum of three slope profiles (slope cross sections) shall be included with the submittal of the slope analysis on the constraints map. Slope profiles shall:
1. 
Be drawn at the same scale and indexed or keyed to the constraints map, grading or preliminary grading plan and project site map;
2. 
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;
3. 
Include the slope profile for at least one hundred feet outside of the project site boundary or adjacent public street;
4. 
Be drawn along those locations of the project site where:
a. 
The greatest alteration of the existing topography is proposed,
b. 
The most intense or bulky development is proposed, and
c. 
The site is most visible from surrounding land uses;
5. 
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.
C. 
Assurance of Accurate Hillside Mapping. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified, consistent with this section.
D. 
Development which is exempt per Section 21.95.040 or excluded per Section 21.95.150 is generally exempt from the hillside mapping requirements of this section except in cases where the City Planner determines that hillside mapping is necessary to assess project compliance with the hillside ordinance.
(Ord. CS-178 § CXXVIII, 2012)
The provisions of this section shall apply to all projects that propose to grade, erect or construct into or on top of a natural slope or manufactured slope which has a gradient of fifteen percent or more and an elevation differential greater than fifteen feet.
A. 
Coastal Zone Hillside Development Regulations.
1. 
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.
B. 
Development of Natural Slopes of Over Forty Percent Gradient.
1. 
Natural slopes which have all of the following characteristics shall be undevelopable:
a. 
A gradient of greater than forty percent; and
b. 
An elevation differential of greater than fifteen feet; and
c. 
A minimum area of ten thousand square feet; and
d. 
The slope comprises a prominent land form feature.
2. 
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.
C. 
Development of Manufactured Slopes of Over Forty Percent Gradient.
1. 
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.
a. 
Development of Uphill Perimeter Slopes.
(i) 
The following types of development on or into an uphill perimeter manufactured slope shall be limited to a maximum of six vertical feet as measured from the existing grade at the toe of slope:
(A) 
Main building(s);
(B) 
Accessory buildings; and
(C) 
Retaining walls.
(ii) 
Decks may be constructed upon an uphill perimeter manufactured slope up to the required building setback(s) of the underlying zone.
b. 
Development of Downhill Perimeter Slopes.
(i) 
For nonresidential projects only, the following types of development over a downhill perimeter manufactured slope shall be limited to a maximum of six vertical feet as measured from the existing grade at the top slope:
(A) 
Decks; and
(B) 
Retaining walls.
(ii) 
Deck surface areas shall be allowed to extend to the same point that a six-foot vertical retaining wall would be permitted.
(iii) 
No main or accessory building may encroach over the top/edge of a downhill perimeter slope.
c. 
The manufactured slope standards within this section do not apply to manufactured slopes which are not located along perimeter property lines (including intervening manufactured slopes between split level pads which are located on a single lot).
D. 
Volume of Grading.
1. 
The volume of earth moved for cuts and fills shall be minimized.
2. 
The relative acceptability of hillside grading volume shall be determined by the following:
Cubic Yards of Cut or Fill Grading per Acre of Cut and Fill Area (in acres)
Relative Sensitivity of Hillside Grading Volume
0—7,999 cubic yards/acre
Acceptable
8,000—10,000 cubic yards/acre
Potentially acceptable
> 10,000 cubic yards/acre
Unacceptable
3. 
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.
4. 
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.
5. 
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.
E. 
Slope Height.
1. 
Manufactured slopes shall not be greater than forty feet in height.
2. 
Slope Height Exclusions. See Section 21.95.150 of this chapter.
F. 
Contour Grading.
1. 
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.
2. 
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).
G. 
Screening Manufactured Slopes. All manufactured slopes shall be landscaped consistent with the city's landscape manual.
H. 
Hillside and Hilltop Architecture. Hillside and hilltop structures shall be consistent with the architectural guidelines included within the city's hillside development guidelines.
I. 
Slope Edge Building Setbacks (pursuant to this chapter).
1. 
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.
2. 
Building setbacks pursuant to this chapter do not apply to:
a. 
Slopes which are less than fifteen feet in height;
b. 
The intervening slopes of split-level pads which are located on a single lot, but do apply to the edge of slope of the lowest pad;
c. 
Downhill slopes which are located along the sideyards of residential lots; and
d. 
Substandard residential lots where the top/edge of slope setback standards would preclude a reasonable use of the property.
3. 
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).
4. 
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.
J. 
Roadway Design. Hillside roadway design shall be consistent with the city's hillside development guidelines manual.
K. 
Hillside Drainage. Hillside drainage shall be consistent with the city's hillside development guidelines.
(Ord. CS-178 § CXXVIII, 2012)
A. 
Outside the coastal zone, the following are excluded from the hillside development and design standards of Section 21.95.140.
1. 
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.
2. 
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.
3. 
Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of or grading.
B. 
Within the coastal zone, grading for construction of circulation element roadways are excluded from Sections 21.38.141(C)(1)(a) and 21.203.040(A)(1) of the municipal code.
(Ord. CS-178 § CXXVIII, 2012)
A. 
Outside the coastal zone, the decision-making body or official may approve a modification to the hillside development and design standards of Section 21.95.140 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:
1. 
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.
2. 
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.
3. 
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.
B. 
Any request for a modification to the development and design standards of this chapter shall be accompanied by two preliminary grading plans. One plan shall illustrate how a site would be developed with a strict adherence to the requirements of Section 21.95.140. The second set shall illustrate the extent and type of the requested modification. This plan shall also be accompanied by any other documentation needed by the decision-making body to determine that the proposed modifications will result in a superior project with less adverse environmental impacts.
C. 
If a modification is proposed to allow grading in excess of ten thousand cubic yards/acre of cut or fill, or a manufactured slope in excess of forty feet in height, the applicant shall submit both written and graphic exhibits to justify the proposed grading to the satisfaction of the decision-making body or official. In addition, a detailed mitigation and landscaping plan shall be submitted as part of the application. This plan shall illustrate the mitigation measures and landscaping utilized to screen the proposed grading.
D. 
Development on land designated for nonresidential development shall comply with all requirements of this chapter except Sections 21.95.140(D) and 21.95.140(E). Any nonresidential project proposing grading in excess of ten thousand cubic yards per acre or creating slopes in excess of forty feet in height shall provide both written and graphic exhibits to justify the proposed grading to the satisfaction of the decision-making body.
E. 
Inside the coastal zone, the decision-making body or official may approve encroachments to slopes of twenty-five percent grade and over in order to preserve natural habitats required by the city's habitat management plan, in accordance with Chapter 21.203 of the municipal code, provided that the required amount of preservation could not be achieved by strict adherence to the requirements of Sections 21.95.140(A) and (B) of this chapter.
(Ord. CS-178 § CXXVIII, 2012)