HomeMy WebLinkAbout1988-10-19; Planning Commission; Resolution 2784,. I
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L I1 PLANNING COMMISSION RESOLUTION NO. 2784
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING AN AMENDMENT TO MELLO
I1 SEGMENT OF CARLSBAD'S LOCAL COASTAL PROGRAM TO AMEND LANGUAGE AND GRAPHICS RELATING TO POLICY 2-2. APPLICANT: CARLTAS CARLSBAD RANCH CASE NO. : LCPA 88-1
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7 1; WHEREAS, a verified application for an amendment to the
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Local Coastal Plan (LCP) designations for certain property
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located, as shown on Exhibit (s) LCPA "A", LCPA IrBV1 and LCPA1'Crr
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dated October 19, 1988, attached and incorporated herein, has been
filed with the Planning Commission: and
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15 WHEREAS, the amendments to policy 2-2 of the Mello I1 LCP
16 segment are necessary to provide consistency between Section 51200
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18 Conservation Contract No. 76-1 between the City and the Carltas
Corporation, and Carlsbad's Local Coastal Program; and
WHEREAS, said verified application constitutes a request
for amendment as provided in Title 21 of the Carlsbad Municipal
Code; and
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2o I WHEREAS, the Planning Commission did on the 19th day of
21 October, 1988, hold a duly noticed public hearing as prescribed
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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 Local Coastal Plan Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission DENIES LCPA 88-1 based on the following
findings ,
Findinss :
1) The proposed LCP amendments are not consistent with the resource protection policies of the 1976 Coastal Act.
Specifically, it cannot be determined if the land being
added was the same fair market value as the area being
deleted,
2) The amendment as proposed may be detrimental to the preservation of long-term agricultural viability in the areas most suited for agriculture.
3) The proposed amendment is inconsistent with City and Coastal policies regarding the preservation of ridges, hillsides, and viewsheds,
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PC RESO. 2784 -2-
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2 jl PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, held on the 19th day
of October, 1988, by the following vote, to wit: 31 41
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AYES : Chairperson McFadden, Commissioners: Schrarnm, Holmes
NOES : Commissioners: Marcus and Schlehuber.
and Erwin.
7 11 ABSENT: Commissioner Hall.
ABSTAIN : None. 8 /1 ,/
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13 &#/A fo&A-ad. ,/ MICHAEL J. HOLZMILLI&
Planning Director
ATTEST:
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"I1 1 0 e 10-1 9-88
LC PA i\h EXHIBIT A
AQUA tlEDIONDA UOOON
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PACIFIC OCEAN
AGRICULTURAL PRESERVE BOUNDARY AMENDMENT
m Added to the Preserve (52 ac-1 LTi Removed from the Preserve(52 I . . . . . . . . :. ......i Existing Developable Area (outside preserve)
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LCPA 88-1 ;:;:BIT B 10-19-88
Policy 2-1 c. PERMITTED USES ON DESIGNATED COASTAI, AGRICULTURAL LANDS
The land uses described below shall apply to
any designated coastal agricultural land
which has no been approved for development. (3
1. On any Class I through Class IV
Agricultural Lands (See Exhibit 4.2.),
the following uses only are permitted:
a. Cattle, sheep, goats, and swine
't production, provided that the
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number of any one or combination of
said animals shall not exceed one
animal per half acre of lot area.
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Structures for containing animals
shall not be located within 50 feet
of any habitable structure on the
same parcel, nor within 300 feet of
an adjoining parcel zoned for
residential uses.
Crop production;
Floriculture;
Horses, private use;
Nursery crop production;
Poultry, rabbits, chinchillas,
hamsters, and other small animals,
provided not more than 25 of any
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one combination thereof shall be
kept within 50 feet of any
habitable structure nor within 300
feet of an adjoining parcel zoned
for residential uses;
g. Roadside stands for display and
sale of products produced on the
same premises, with a floor area
not exceeding 200 square feet and
located not nearer than 20 feet to
any street or highway; t
h. Tree farms;
i. Truck farms;
j. Wildlife refuges and game
preserves ;
k. Other 'uses or enterprises similar
to the above customarily carried on
in the field of general agriculture
including if necessary accessory
uses such as private garages,
children's playhouses, radio and
television receiving antennas,
windmills, silos, tank houses,
shops, barns, offices, coops, lath
houses, stables, pens, corrals, and
similar uses required for the
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conduct of the uses above:
1. One single family dwelling and
guest house per existing legal
building parcel;
m. Dogs r cats, and other domestic
petsr provided not more than four
dogs or four cats older than six
months or any combination thereof
shall be kept on any lot or parcel
of land; and
no 9 Home occupation.
2. On any class V through VI11 Agricultural
Lands (See Exhibit 4.2.) , the folkwing
uses only are permitted:
a. ~11 of the permitted uses listed
above ;
b. Hay and feed stores :
c. Nurseries, retail and wholesale
d. Packing sheds, processing plants
and commercial outlets for farm
crops, provided that such
activities are not located within
100 feet of any lot line;
e. Greenhouses, provided all
requirements for yard setbacks and
height as specified in Chapter
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21.07 of the Code are met.
3. On any Class I through VIII
Agricultural Lands (See Exhibit 4.2.),
the following uses are permitted by
conditional use permit provided:
a. The use promotes and provides for
the long term preservation of
Coastal Agricultural Land; and
b. Fulfills the requirements and
findings for a conditional use
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1. Apiary, provided that all
hives or boxes housing bees
shall be placed at least 400
feet from any street, school ,
park, "RW zone, or from any
dwelling or place of human
habitation other than that
occupied by the owner or
caretaker of the apiary;
2. Aviaries;
3. Poultry, rabbits, chinchillas,.
hamsters, and other small
animals in excess of the
number specified in Section
21.07.020.
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4. Farm employee housing for
persons working onsite,
provided the number of units
shall not exceed two per gross
acre of land area and no such
housing is located closer than
50 feet from any lot line:
5. Hay and feed stores;
6. Nurseries, retail and
wholesale:
% 7. Packing sheds or small
processing plans for farm
crops, similar to those being
grovn on the premises,
provided no such processing
plant is located within 50
feet of any lot line:
8. Public works projects;
9. Sanitary landfills, temporary;
10. Stables and riding academies,
public:
11. Botanical gardens, arboretums,
and other related and
supporting facilities for the
display and education about
agricultural and floral
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products Within Carlsbad or
the surrounding region:
12. Farmer's markets or similar
facilities for the exclusive
sale of agricultural and
floral products within
Carlsbad or the surrounding
region; and
13. A floral audion and related
facilities which provide
financial support to flover
growers within Carlsbad and
the surrounding region.
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Policy 2-2 "MIXED-USE" DEVELOPMENT
Intent
This policy provides conditional development standards for the
area of approximately 482 acres.north of Palomar Airport Road and
east of Paseo del Norte including the additional 20 acres between
Paseo del Norte and Interstate-5. (See Exhibit 4.3 .) All such
lands owned either by Carltas or Ecke or their successors in
interest shall be permitted, pursuant to approval of a Master
Plan or a combination of a specific Plan and Master Plan, to
convert certain agricultural lands to residential and/or non-
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residential (including tourist-serving commercial) development as
a means of providing supplementary uses which will assist in the
retention of agricultural uses on the remaining portions of these
parcels. It should be noted that residential uses are possible
only where they do not Conflict With the Airport Influence Area
and where they are compatible with adjacent uses,
A. Basic Permitted Uses on Existinu Leual Parcels
Where each existing legal parcel as of July 14, 1987, (See
Exhibit 4.3.) is developed individually, permitted uses shall be
those described above in Policy 2-1 C permitted Uses or\
Desiunated Coastal Agricultural Lands.
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B. Uses Conditionallv Permissible Pursuant to the Develoment
of the Entire Area Subject to a Master Plan
1, Consistent with the Carlsbad General Plan residential,
commercial (including tourist serving commercial), and other
non-residential uses may be developed up on to 137 acres of
the approximately 482 acre site subject to a Xaster Plan for
the entire site,
2. Development shall be clustered along Palomar Airport. Road,
Paseo del Norte, and Cannon Road as per Exhibit 4.3A c3
3. Any amendment to the location of the developable area shall
be required to prove that the new area for development is
not more suitable for agriculture than the previously
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developable area. The intent of this requirement is to
cluster development on lands least suitable for agriculture.
4, All remaining land8 of approximately 345 acres (See Exhibit
4 . 3A,) shall as a condition of the Haster Plan be preserved
in agriculture for as long as feasible. Feasibility shall
be determined for the entire 345 acres covered by this
restriction. Further, feasibility shall be subject to the
requirements of the Hello I1 Coastal Agricultural Overlay
Zone Section 21.82.060(c),
5. Pursuant to Section 51257 of the Government Code, the
boundaries of the lands designated for agriculture may be
amended,
1 - .a Item NO. 6 on p'age 8 of Exhibit "C" which deals with the
amendment to the Local Coastal Plan &wd4"revised to read as
follows: w 'kyw-tm G
6. AS an interim step (prior to a complete blaster Plan) up to a 35 acre portion of the 137 acres
of developable land Located adjacent and easterly to
Phase 1 of Carlsbad Car Country may be developed as a
Phase IT expansion of Carlshad Car Country pursuant to a
Specific Plan.
7. The 137 acres of developable land includes any porticn of
the 482 acre site (See Exhibit 4.3A.) that has been
developed prior to the Haster Plan approval.
8. The Plaster Plan shall provide a mix location and intensity
of land uses that are compatible with and will not adversely
impact the long term viability of agricultural uses.
9. All development shall include special treatment buffers
either through design or through physical- barriers that
stabilize the urban - agricultural boundaries and limit to a
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level of insignificance agricultural impacts on the urban
uses.
10. All tenants of deve1,opable portions of the site shall be
notified as to the requirements of the Specific and Master
Plans and agricultural uses on the designated land.
11. In implementing the I Haster Plan all land owners and
tenants within the 482! acre site shall waive any right to
file nuisance claims ag,ainst normal agricultural operations.
12. All development shall b'e located so as to not interfere with
normal agricultural ope'rations including but not limited to
cultivation, irrigation' and spraying.
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13. As a condition of approlial of either the Haster Plan or the
Specific Plan fot the 'Rhase 11 expansion of Carlsbad Car
Country, whichever occurs first, the property owners
(Carltas and/or Ecke or Itheir successors in interest) shall
record a deed restriction endorsed by the Coastal Commission
or its successor ,in intt?rest and the City of Carlsbad that
the 345 acres of lan<l identified on Exhibit 4. 3 are
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designated for Agricultuz,al uses and any modification of use
shall require a ICP amen&nen~
14. It is recognized that roads can function as buffers between
- dissimilar land uses as well as providing access to uses.
Therefore, roads may be ].mated entirely or partially or not
at all within areas des'ignated for agricultural use. The
decision to include ,or exclude (either partially or i
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entirely) roads shall; be a condition of the coastal
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{ * As a condition to any amem,px& to the developable area, the property
owner shall execute an amhdmnt to the deed restriction reflecting the mdification to restricted and unrestricted lands.
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development permit etat includes the constmeion of tha
road e
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LCPA EXHIBIT C 10/19/88
LCPA 88-1
A. The Mello I1 LCP shall be amended to incorporate the following mitigation measures as policies pertaining to the development of the subject Carltas property.
POLICY 2.2
15. In order to tie the eastern and western agricultural areas together the proposed north/south road shall incorporate a grade separation at its northerly portion. The grade separation shall be of sufficient dimensions to allow farm vehicles and equipment to move freely between the east and west.
16. Concurrent with the construction of the proposed north/south road the developer shall grade area Y as shown on Exhi bit "A", subject to the satisfaction of the Planning Director so as to create an area level enough to allow the same type of agriculture that occurs westerly of the west ridge to continue around the ridge on the south facing slopes of said ridge. In order to ensure agricultural viability the developer shall amend the soils after grading the area to be equivalent to the existing Class I11 Marina soils in capability.
17. All structures to be located in the future developable area shall be setback a minimum of 50 feet from the adjacent area designated for agriculture.
18. A solid wall or fence shall be installed around the entire perimeter of the developable area. The wall (Fence) shall be a minimum 6 feet in height and shall be incorporated into the grading where feasible. The intent of this measure is to provide a physical barrier between agricultural and urban uses. The wall or fence shall function to both restrict uncontrolled access into agricultural areas and to reduce drift of dust and spray materials into urban areas. The perimeter wall or fence shall be constructed concurrent with development of the property, except that, if the road is built in one phase, which would open the access through the agricultural 1 ands, an appropriate barrier shall be incorporated a1 ong the roadway. Alternative forms of barriers may be considered provided they satisfy the intent of this measure.
19. Windbreaks (1 andscaped) shall be installed on the developable portions to aid in reducing the effects of farm spraying and dust generation.
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Landscape plant materi a1 in the developable area shall be selected for resistance to pests, particularly aphids, thrips, white fly and spider mites. Landscape plantings shall be inspected routinely for presence of pests and treated as required to control them. All pests shall be eliminated by means that do not adversely impact agri cul tural crops.
Landscaping with herbaceous plantings shall be discouraged? since they are likely to be hosts of the pests likely to invade the farm crops.
Drainage water from buildings? streets, parking areas and landscape in the development shall be disposed of through storm drains or otherwise in a manner that will avoid any runoff onto farming areas whether planted or fa1 low.
If development of the proposed developable portion impacts water rates on the agricultural land then the developer shall subsidize the water rates to the extent that they equal farm water rates.
The developer shall notify in a manner satisfactory to the City Attorney all tenants/users of this proposed developable portion that the area is subject to dust, pesticides? and odors associated with adjacent farm operations and that the tenants/users occupy the area at their own risk.
The cost of the above mitigation measures shall be borne by the developer and shall not be passed on to the agricultural operators (existing or future). For all agricultural 1 and that Carl tas or its successor in interest chooses not to farm on a yearly basis, a reasonable effort shall be made to offer the agricultural land for 1 ese or rent at a value equal to or less than the average prevail ing market rents for similarly situated Coastal agricultural land found within a 30 mile radius of the Carltas property.
As part of a farm operator’s lease, there shall be a requirement to keep dirt roads watered regularly to minimize dust impacts on crops as well as on adjacent non-agricul tural uses.
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