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HomeMy WebLinkAbout1986-05-28; Planning Commission; Resolution 2561-* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 1 0 e PLANNING COMMISSION RESOLUTION NO. 2561 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTERS 21.04 (DEFINITIONS) , TO DEFINE AQUACULTURE AND 21.33 (OPEN SPACE), 21.36 (PUBLIC UTILITIES) AND 21.42 (CONDITIONAL USES), OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTIONS 21.04.036 , 21.33.040( 13) , 21.36.110, 21.42.010(14) TO ALLOW THE SALE OF AQUACULTURE PRODUCTS BY A CONDITIONAL USE PERMIT IF PRODUCTS ARE GROWN ON THE PREMISES. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-192 WHEREAS, the Planning Commission did, on the 28th day of May, 1986, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. MOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-192, according to Exhibit "A", dated May 28, 1986, attached hereto and made a part hereof, based on the following findings: Findings: 11) The sale of aquaculture products will provide a desirable ~ service to the community. 2) The sale of aquaculture products from particular locations can be effectively regulated by the conditional use permit process to assure that adverse impacts relating to incompatible land use or traffic problems do not occur. ~ /I// /I// ///I I /I// 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 28th day of May, 1986, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, Schramm, Holmes and Hall. NOES: Commissioner McFadden. ABSENT: None. ABSTAIN: None. @-"- &a CLA LEHUB a1 rman CARKKE EhNINGE!di:SSIoN MICHAEL" J. HOLZMILGR PLANNING DIRECTOR PC RES0 NO. 2561 -2- - - 0 * 1 11 ORDINANCE NO. 9809 2 5 (CONDITIONAL USES) BY ADDING SEVERAL SUBSECTIONS DEFINE 4 CODE BY AMENDING CHAPTERS 21.04 (DEFINITIONS), 21.33 (OPEA 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, BY A CONDITIONAL USE PERMIT IF PRODUCTS ARE GROWN ON CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL SPACE ZONE), 21.36 (PUBLIC UTILITY ZONE) AND 21.42 AQUACULTURE AND TO ALLOW THE SALE OF AQUACULTURE PRODUCTS PREMISES. The City Council of the City of Carl sbad, Cal ifornia, does 6 7 8 ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad '11 Municipal Code is amended by the addition of Section 21.04.036 to I 10 X1 12 13 14 x5 read as follows: 21.04.036 Aquaculture. "Aquaculture" means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackfsh, and fresh water. "Aquaculture" does not include species of ornamental marine or freshwater plants and animals not utilized fo human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes. This definition specifically excludes hydroponics. r' 16 ,I "(13) Stands for the display and sale of aquaculture 19 1 to read as follows: 18 Municipal Code is amended by the addition of Section 21.33.040(131 17 SECTION 2: That Title 21, Chapter 21.33 of the Carlsbad I products grown on the premises." 20 /I SECTION 3: That Title 21, Chapter 21.36 of the Carl sbad 211i Municipal Code is amended by the addition of Section 21.36.110 to 22 )1 read as fol lows: 23 24 Use Permit. Subject to the provisions of Chapter 21.50, the "21.36.110 Uses and Structures permitted by Conditional -following uses and structures are permitted by conditional use 25 I permit: (1) Stands for the display and sale of aquaculture 26 products grown on the premises." I 27 28 Municipal Code is amended by the addition of Section 21.42.010(14) SECTION 4: That Title 21, Chapter 21.42 of the Carlsbad to read as follows: ... il .n 1 2 3 4 5 6 e e "(14) Open Space and Public Utilities zones only. (A) The display and sale of aquaculture products grown on the premises. In considering the appropriateness of such facility the minimum following criteria shall be considered: (ii) Adequate parking (iv) Appearance and location of signs (vi) Scale of operation." (i) Safe access (iii) Location and appearance of structure or facil i ty (VI Compatibility EFFECTIVE DATE: This Ordinance shall be effective thirty 7 a days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. 9 10 11 12 13 14 15 16 17 18 19 INTRODUCED AND FIRST READ at a regular meeting of the Carl sbad City Council held on the 17th day of June 1986, and thereafter Y PASSED AND ADOPTED at a regular meeting of said City Council held on the 24th day of June , 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None A6 SENT : None 2o 1 26 11 ATTEST: 25 81 24 i U k/L tR, Mayor 27 28 I! 2. 3