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HomeMy WebLinkAbout1985-02-19; City Council; Resolution 79131 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE EXISTING CERTIFIED LOCAL COASTAL PROGRAM (MELLO BILL I AND 11) WITH AMENDMENTS. WHEREAS, the City of Carlsbad has received the certified Local Coastal Program (LCP) documents for that portion of the Carlsbad Coastal Zone specified in California Public Resources Code Sections 30170(f) and 30171 (Mello Bills I and 11) from the California Coastal Commission; and WHEREAS, the City has reviewed these documents and found their provisions to be acceptable for administration as City policy with two general exceptions regarding development on slopes and on agricultural lands; and WHEREAS, the City has prepared an amendment to the certified Local Coastal Program to address the City's concerns over development on slopes and on agricultural lands and to make other LCP modifications consistent with changes in the state law; and WHEREAS, the City is prepared to adopt necessary resolutions and ordinances to enable the City to receive LCP "effective certification" pursuant to the LCP documents with the amendments referred to in this resolution; and WHEREAS, the City intends and is prepared to issue Coastal Development Permits pursuant to the LCP documents when amended as established herein and implemented by City resolutions and ordinances; and WHEREAS, necessary public review of the LCP documents and proposed amendments has been provided by the City, 1 2 3 4 5 6 7 a 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City of Carlsbad is prepared to adopt by appropriate local resolutions and ordinances the Local Coastal Program for that portion of the Carlsbad Coastal Zone specified in Public Resources Code Sections 30170(f) and 30171 with the amendments attached hereto as exhibits one, two and three, made a part hereof. and 3. That subject to the adoption of the appropriate local resolutions and ordinances the City of Carlsbad is prepared to administer and carry out the requirements and provisions of the Local Coastal Program as amended. 4. That the City Council directs the City Manager to forward this resolution along with any other necessary documents as an application pursuant to Public Resources Code Section 30514 and 2 California Administrative Code Section 13551(b) (2) for an amendment to the Local Coastal Program for that portion of the Carlsbad Coastal Zone specified in this resolution, and further, that the California Coastal Commission be requested to authorize certification pursuant to 2 California Administrative Code Section 1344, of the Local Coastal Program as amended after the Zity has adopted the necessary implementing ordinances and resolutions. // // // // 1 2 3 4 5 6 7 a 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 19th day of , 1985 by the following vote to wit: ATTEST AYES: NOES: N~E Council Mrs Casler, Lewis, Kdchin, Chick and Pettine ABSENT: NCXE MARY H, &SLER, Mayor lLf?ct& A. @) ALETHA L, RAUTENKRANZ, Ci (SEAL) 7 EXHIBIT 1. - Modifications - MELLO BILL I - LAND USE Page 2 3 4 5 5 5-6 _I Section Policy 4, Housing Policy 5, Parking (housing ref.) Policy 2, Housing Policy 4, Parking (housing ref.) Policy 2, Agriculture/Planned Devt. Policy 3, Drainage, Erosion Control #1 Action Delete Delete Delete Delete Delete Add new slope language 6 Policy 3, Drainage, Erosion Control #5 Add new slope language 7 10-17 22-23 Delete Policy 4, Housing Findings, Agriculture Findings, Housing MELLO BILL I - ZONING ORDINANCES Delete De le te 2 Coastal Resource Overlay Zone #l. Purpose Delete ref. to housing 2 4-7 7 8-14 #4. Permitted Uses Delete #9. Housing De le te #lo. Findings Delete Planned Agricultural Zone Delete. Replace with DAg zone 16-17 #3 Erosion, Drainage, Sedimentation Add new slope language 18-19 19 #5 Agriculture #6 Agricultural Land and Open Space Management Plan Delete Delete Mello Bill I - Zoning Ordinances/cont'd ... Page 19 19 20 23-24 41 Section #7 Map and Deed Notice #8 Housing #10 Findings Conditional Uses sec. 21.42.010 Permitted Uses (A) (B) Permit Procedures #2. Definitions "Conditional Use" -2- Action Delete Delete Delete Delete Delete Page LI_ 1 2 3 3-4 5-6 7-8 2 2-4 4 5 6-10 10-14 16 20 31 - Modifications - MELLO BILL I1 - LAND USE Section Action "Exhibit A" I. #1 Occidental (C) Affordable Housing Delete D, addition to Xelly/Macario Affordable Housing Delete I1 Revisions to Findings, I. Staff Delete: "on the Recommendation basis of the Findings and Dec- larations con- tained in Part I1 of this report below. 'I I1 Findings and Declaration B,C,D De le te 8. Housing Delete 9. Alternatives to the Land Use Plan Policies (end "Exhibit A") Delete ......................................................... Policy 2-1 Conservation of Agricultural Lands, B. Basic Agricultural Use Regu- lation: Planned Agriculture C. Designated Agricultural Lands E. Agricultural Subsidy Program F. Permitted Uses on all Agricultural Land G,H,I,J,K,L,M re. Agricultural Subsidy Policy 2-2 "Mixed Use Development" Policy 3-1 Slopes and Preservation of Vegetation Policy 4-7 Accelerated Soil Erosion a). Policy 9-1 through 9-9, Housing Substitute DAg zone ref. for PAZ Delete, replace with DAg map and description Delete Delete, replace with DAg wording De le te Delete Delete last para- graph, replace with new slope language Add new slope language Delete Mello Bill I1 - Land Use/cont'd ... Page - Action -- Section Begin "Attachment A" Kelly Point/Macario Canyon 1 A. Maximum Density of Development #1 Delete B. Agriculture/Planned Development Delete C. Drainage, Erosion Control, #1 Delete, replace with new slope language 2 C. Drainaqe, Erosion Control, #5 De le te 4 D. Housing Delete MELLO BILL I1 - ZONING ORDINANCES Planned Agricultural Zone 1- 8 Delete, replace with DAg zone 9 VI1 Mixed Use Program applicable to the Ecke Property A,B,C Delete 10, 11 VI11 Requirements for a Master Plan; A,B IC,D,E,F,G Delete 12 13 X Findings Delete Coastal Resource Protection Overlay Zone #3 Delete ref. to conditional use permit 13 Development Standards (a) Preservation of Steep Slopes and Vegetation #1, 2 Delete, replace with new slope language 29-32 33 Low and Moderate Income Housing Zone Delete Addition to P-C Zone Kelly Point/ Macario Canyon #1 Permits Required Delete ref. to conditional uses 33 #2 Maximum Density of Development #1 Delete -2- Mello Bill I1 - Zoning Ordinances/cont'd... Page 34 34, 35 36 36 37 37 37 38 41 43 Section #3 Erosion, Drainage, Sedimentation (b) #3 Erosion, Drainage, Sedimentation ( f) sf4 Buffers/Open Space 45 Agriculture 86 Agricultural Land Open Space Management Plan #7 Map and Deed Notice #8 Housing 410 Findings Amendments to Condo Conversion Ordinance 2 1.4 7 Conditonal Uses sec. 21.42.010 Permitted Uses (A) (9) Action Delete, replace with new slope language Delete Delete Delete De le te Delete Delete Delete Delete Delete -3- F;XHIBIT 2. 0 CHAPTER 21. Developable Agriculture Zone 21. .010 Purpose and Intent. The Developable Agriculture (DAg) Zone is established to implement Sections 30170(f), 30171, 30241, and 30242 of the California Coastal Act and the Local Coas- tal Land Use Plan certified on . This zone recognizes agriculture as a priority use under the Coastal Act and protects that use by establishing mechanisms to assure the continued and renewed agricultural use of agricultural lands while allowing dev- elopment to proceed in compliance with the zone. necessary incentives to accomplish the goal of protecting and pro- moting agriculture in the coastal zone, in order to conform with Sections 30241 and 30242 of the California Coastal Act of 1976. This zone provides The DAg zone adopts permitted uses for all agricultural lands located in the zone. The DAg conversion program is voluntary, and allows agricultural parcels to convert to more intense urban uses. To mitigate the adverse impact of conversion on the area's currently existing agricultural economy, landowners of developable agricultural lands must contribute monetary fees to a fund which will encourage continued agriculture on lands retained in agricultural use. 21. .020 Definitions. For the purposes of this zone, terms used herein are defined as follows: A. "Developable Agricultural Lands" means thoEagricultura1 lands identified on Map X attached to the Land Use Plan certified on . The following are the lands identified on Map X: Site I Site I1 Site 111 Site IV Hunt Lusk Bankers 500 approximate acres 377 275 109 200 93 27 I1 II I1 II I1 I1 II 11 11 11 I1 I1 Total: 1,581 B. "Class I-IV Agricultural Land" means all land which qualifies for rating as Class I through Class IV in the U.S. Department of Agri- culture Soil Conservation Service Land Use Compatibility Classification. C. "Class V-VI11 Agricultural Land" means all land which qualifies for rating as Class V through Class VI11 in the U.S. Department of Agri- culture Soil Conservation Service Land Use Compatibility Classification. D. "Land Division" means the creation of any new property line whether by subdivision or other means. E. Section 21. use, "Urban Uses" means any use other than a use permitted by .050 including any use necessary or convenient to urban 21. 030 Development of developable agricultural land. Developable agricultural land may be converted from asricultural use and developed for urban use in compliance with the procedures of this chapter. 21. 040 Permits required. No development, including but not limited to land divisions, as defined in Section 21.04.108 of this code shall occur without a Coastal Development Permit having first been issued pursuant to Chapter 21.65 of this Code. a planned development permit processed according to Section 21. 050 shall be considered a coastal permit if also processed in compliance with Chapter 21.65. A master plan or - 21. .OS0 Permitted uses on agricultural lands. The provisions of this section shall apply to any developable agricultural land which has not been approved for development pursuant to this chapter, a. On any Class I through Class IV .Agricultural Land the follow- ing uses only are permitted: 1. Cattle, sheep, goats and swine production, provided that the number of any one or combina- tion of said animals shall not exceed one animal per half acre of lot area. Structures for con- taining animals shall not be located within fifty feet of any habitable structure on the same parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses. 2. Crop production. 3. Floriculture. 4. Horses, private use. 5. Nursery crop production. 6. Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than twenty-five of any one or combination thereof shall be kept within fifty feet of any habitable structure, nor within three hundred feet of an adjoining parcel zoned for residential uses. 7. Roadside stands for display and sale of pro- ducts produced on the same premises, with a floor area not exceeding two hundred square feet, and located not nearer than twenty feet to any street or highway. 8. Tree farms. 9. Truck farms. 10. Wildlife refuges and game preserves. -2- 11. Other uses or enterprises similar to the above customarily carried on in the field of general agriculture including accessory uses such as silos, tank houses, shops, barns, offices, coops, stables, corrals, and similar uses required for the conduct of the uses above. 12. legal building parcel. On any Class V through VI11 Agricultural Land the follow- One single family dwelling per existing b. ing uses only are permitted: 1. All of the permitted uses listed above. 2. Hay and feed stores. 3. Nurseries, retail and wholesale. 4. Packing sheds, processing plants and commercial outlets for farm crops, provided that such activities are not located within 100 feet of any lot line. 5. Greenhouses, provided all requirements for yard setbacks and height as specified in Chapter 21.07 of this Code are met. 21. .055 Lot and yard standards - agricultural lands. The provisions of this section shall apply to any developable agricultural land which has not been approved for development pursuant to this chapter. 1. The minimum required lot area of any newly created lot shall not be less than 10 acres. 2. Every newly created lot shall have a minimum width of the rearline of the required front yard of not less than three hundred feet. 3. Every lot shall have a required front yard of forty feet. .050 no building or Except as otherwise provided in Section 21. structure shall be located on the required front yard. 4. Every lot and building site shall have a side yard on each side of the lot or building site not less than fifteen feet in width unless otherwise permitted by Section 21. .050. 5. Every lot and building site shall have a rear yeard of not less than twenty five feet unless otherwise permitted by Section 21. .050. 6. height. No building or structure shall exceed thirty five feet in -*- 7, Buildings and structures shall not cover more than forty percent of a lot. 8. All residential structures shall conform to the provisions of Section 21.07.120 of this Code. 21. .060 Development of developable agricultural land. Developable agricultural lands may be converted from aaricultural to urban uses -pursuant to the foliowing procedures : d 1. For property over 100 acres in area a master plan shall be submitted and processed according to the provisions of Chapter 21.38 of this Code. The uses permitted pursuant to the master plan shall be those permitted by the provisions of the certified local coastal plan in effect at the time the application is submitted. A concur- rent application to amend the local coastal plan may be submitted with the master plan but in no event shall the master plan be finally appro- ved unless the amendment to the local coastal plan is certified by the Coastal Commission. 2, For property less than 100 acres in area a planned develop- ment permit shall be submitted and processed pursuant to Chapter 21.45 or 21.47 of this Code, whichever is applicable. The uses permitted pursuant to the planned development permit and the development stan- dards shall be as follows: Land Designation On Local Coastal Plan Permitted Uses and Development Standards Residential 0-1.5 R-1 40,000 Residential 0-4 R-1 10,000 Residential 4-10 R- DM Residential 10-20 R- DM Planned Industrial P-M (Map Y shows existing permitted land use categories) A concurrent application to amend the local coastal plan may be submitted with the planned development permit, but in no event shall the planned development permit be finally approved unless the amend- ment to the local coastal plan is certified by the Coastal Commission. 3. As a condition of approval of a master plan or planned devel- opment permit an agricultural mitigation fee of $6,500 per acre of land converted shall be paid to mitigate the adverse impact caused by the loss of the agricultural land, 21, .070 Agricultural loss mitigation fund. a. Fees collected through the developable agricultural land conversion shall be deposited in a fund which shall be administered by the City Council or any agency designated by the City Council. The funds shall be spent according to the following priorities: -4- 1. cultural production within the Carlsbad Coastal Zone. If the City of Carlsbad determines that the size and/ or location of possible acquisitions are not satis- factory, option two may be used. Purchase of agricultural lands for continued agri- 2. Agricultural improvements which will aid in the continuation of remaining agricultural production within the Carlsbad Coastal Zone. If the City of Carlsbad determines that expenditure of mitigation funds for this purpose would not result in prolonga- tion of agricultural production in a cost effective way, option three may be used. 3. Restoration/enhancement or studies leading to the restoration/enhancement of lagoons, beaches or other coastal resources in the Carlsbad Coastal Zone. b. Mitigation Program. Within six months of the certification of this chapter by the California Coastal Commission, the City Council shall prepare operating directives and procedures for administration of the mitigation program. A reasonable portion of the transmitted conversion fees may be used by the City to cover the actual costs of administration, up to a maximum of 1% of any conversion fees. Costs of administration h7ill be greatest at the beginning of the program, so a proportion greater than 1% of the fees may be reserved at the initiation of the program for the purpose. Five years after the adoption of the mitigation program, the program shall be reviewed for effectiveness and fulfillment of applic- able coastal act policies. If the City Council finds the program not adequate to meet the purposes of the local coastal program, modifica- tion may be requested as a Local Coastal Program amendment. -5- MAP Y bFq Low-Medium (0-4 du/ac) L-1 Open Space Medium (4-10 du/ac) Medium-High (10-20 du/ac) . r-i Non-Residential Reserve EXHIBIT 3, ---.-- ADDITIONAL/F3PLACEMENT WORDING FOR MELLO BILL I AND I1 LCP SLOPE RESTRICTIONS. The 1. 2. 3. 4. 5. 6. Those slope areas which are completely restricted from disturbance may on a case by case basis be reviewed to allow exceptions. To allow exceptions to the disturbance restriction the City Council must make findings of fact, regarding slope disturbance as a part of the issuance of a coastal permit. following are mandatory findings to allow exceptions. A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least 75 years, or life of structure. Grading of the slope is essential to the develop- ment intent and design. Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas. If the area proposed to be disturbed is predomin- ated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes. If the area proposed to be disturbed is predomin- ated by steep slopes and is less than 10 acres, complete grading may be allowed only if no inter- ruption of significant wildlife corridors occurs. Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environmental impacts have been mitigated. Overriding circumstances are not considered adequate mitigation.