HomeMy WebLinkAbout1993-01-06; Planning Commission; Resolution 3479'7 1,
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PLANNING COMMISSION RESOLUTION NO. 3479
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL
COASTAL PLAN TO AMEND THE TEXT OF THE MELLO I1
LOCAL COASTAL PLAN AND BRING THE DESIGNATIONS
ON THE LOCAL COASTAL PLAN, GENERAL PLAN, AND
ZONING MAP INTO CONFORMANCE ON PROPERTY
LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH
AND WEST OF LOCAL FACILITIES MANAGEMENT ZONES
5 and 8. THE AMENDMENT ALSO INCLUDES A PROPERTY
ON THE WEST SIDE OF PASEO DEL NORTE NORTH OF
PALOMAR AIRPORT ROAD AND PEA SOUP ANDERSEN'S.
CASE NAME: CARLSBAD RANCH SPECIFIC PLAN
OF FUTURE CANNON ROAD, EAST OF PASEO DEL NORTE,
CASE NO: LCPA 90-08
WHEREAS, California State law requires that the Local Coastal P1;
General Plan, and Zoning designations for properties in the Coastal Zone be
conformance;
WHEREAS, a verified application for an amendment to the Local Coas
Plan designations for certain property located, as shown on Exhibit "LCPA 90-08", dai
January 6, 1993, attached and incorporated herein, has been filed with the Planni
Commission; and
WHEREAS, said verified application constitutes a request for amendm
as provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of January, 19'
hold a duly noticed public hearing as prescribed by law to consider the proposed Lo
Coastal Plan Amendments shown on Exhibit "LCPA 90-08", attached hereto, and;
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WHEREAS, at said public hearing, upon hearing and considering
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testimony and arguments, if any, of all persons desiring to be heard, said Commissi
considered all factors relating to the Local Coastal Plan Amendment.
4 WHEREAS, State Coastal Guidelines requires a six week public revi
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period for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissj
7 // of the City of Carlsbad, as follows:
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A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on J.
2, 1992, and ending on August 13, 1992, staff shall present to the C
Council a summary of the comments received.
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C) That based on the evidence presented at the public hearing, the Commissj
recommends APPROVAL of LCPA 90-08 as shown on Exhibit “LCPA 90-0
dated January 6, 1992, attached hereto and made a part hereof based
the following findings:
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1. The proposed Local Coastal Plan Amendment is consistent with all applica 16
Findin=:
policies of the Mello I1 segment of the Local Coastal Program.
18 2. The proposed amendment to the Mello I1 segment of the Carlsbad Local Coa:
Program is required to bring the designations of the Local Coastal Plan, Gene
19 Plan, and Zoning Map into conformance. I
20 /I conditions:
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1. All con&t;ons of EIR 91-03, as contdned h reso1ut;on No. 3476, and GPA 90-
SP 207, ZC 92-02, CT 92-07, HDP 92-11 and AP 76-01(C) are incorporated her
by reference.
2. Approval of LCPA 90-08 is granted subject to the certification of the Program I
91-03 and approval of GPA 90-11, SP 207 and ZC 92-02.
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PC RES0 NO. 3479 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni~
Commission of the City of Carlsbad, held on the 6th day of January, 1993, by tl
following vote, to wit:
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AYES: Chairperson Noble, Commissioners: Schlehuber, Schram~
Welshons, Savary & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
8 I1 ABSTAIN: None.
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13 ATTEST:
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BAILEY NOBg Chairperson
CARLSBAD PLANNING COMMISSIOP
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Planning Director
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EXHIBIT LCPA 90-( JANUARY 6,1993
EXISTING GENVIAL PLANILCR
PALOMAR AIRPORT RD
PROPOSED GUERAL PLAN/LC
4 I PALOMAR AIRPORT RD
City of hrkbad
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CARLSBAD RANCH SPECIFIC PLAN GPA 90-11 LCPA 90-8 I I
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BHIBIT "LCPA 90-08"
DATED JANUARY 6, 1993
POLICY 2-2 LCPA 90-08 - CARLSBAD RANCH SPECIFIC PLAN
"MIXED-USE' DEVELOPMENT
INTENT
This policy provides conditional development standards for the area of approximately
-:2i acreS no,,th of palomar Airport Road,j & east of paseo del Norte :&$&:&&dj:w
,.,.,.,.,.; :.: .).. ::.:.:. .:....:..:::. .... .......................... ...... .......................................... ............ ........................................
........................................... 'QjunIry ~@j$J J. .. ...:..:.;..:.: ....... : .... ..:. ............... :.:.:.:.: ..... :.:.
(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 t ..
to convert certain agricultural lands to
residential and/or non-residential (including tourist-serving commercial) development as
a means of providing supplementary uses which will assist in the retention of agricultural
an^ ~tiMF8-m 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 Existina Leaal 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 on Desianated Coastal Aaricultural Lands.
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B. USES CONDITIONALLY PERMISSIBLE PURSUANT TO THE DEVELOPMENT OF
THE ENTIRE AREA SUBJECT TO A m
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
1. Consistent with the Carlsbad General Plan residential, commercial (including tourist
by this restriction. Further, feasibility shall be subject to the requirements of the
Mello ll Coastal Agricultural Overlay Zone Section 21.82.060(c).
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5. Pursuant to Section 51257 Of the Government Code, the boundaries of the lands
designated for agriculture may be amended.
Item No. 6 on page 8 of Exhibit "C" which deals with the amendment to the
Local Coastal Plan wqe ....... revised by CCC action to read as follows: ...........
6. As an interim step (prior to a complete ~~pecilk .............. ........................ Plan) up to a 35 acre
portion of the 137 acres of developable land located adjacent and easterly to
Phase I of Carlsbad Car Country may be developed as a Phase II expansion of
Carlsbad Car Country pursuant to a Specific Plan.
7. The wi!Qz 6 a
:::.. ............. ............ . .:<: ... cres of developable land and:i.timl~ed,I;ciervei[opm~~~~~~~~~e~~~~~~ ........................................................................................................................ .................................................................................................
The -$$ ..... : .;.:
that are compatible with and will not adversely impact the long term viability of
a. ...... ..$. ... ......................... peo:[fig ...... Plan shall provide a mix, location and intensity of land uses
agricuiturai '&@~@pu,wfc &cE@on 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 level of insignificance agricultural impacts on the urban uses.
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10. All - tenants of developable portions of the site shall be notified as to the
requirements of the Specific md"asW Plans and agricultural uses on the
designated land.
I I. In implementing the !uIa&wjgpe& .................................... .............................. Plan all land owners and tenants within the
.d€B .... (.:. ................. acre site shall waive any right to file nuisance claims against normal ey-'"
agricultural operations.
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12. All development shall be located so as to not interfere with normal agricultural
operations including but not limited to cultivation, irrigation, and spraying.
13. As a condition of approval of either the Mast@- ................. ....,........... ............ Plan or the Specific Plan
for the Phase II expansion of Carlsbad Car Country, whichever occurs first, the
property owners (Carltas and/or Ecke or their successors in interest) shall record
a deed restriction endorsed by the Coastal Commission or it successor in interest
and the Ci of Carlsbad that the W !- land identified on Exhibit
4.3 are designated for Agricultural uses and any modification of use shall require
a LCP amendment. As a condition to any amendment to the developable area,
the property owner shall execute an amendment to the deed restriction reflecting
the modification to restricted and unrestricted lands.
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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 located entirely or
partially or not at all within areas designated for agricultural use. The decision to
include or exclude (either partially or entirely) roads shall be a condition of the
coastal development permit that includes the construction of the road.
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 Exhibit "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 agricuttural viability the
developer shall amend the soils after grading the area to be equivalent to the
existing Class 111 Marina sails 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.
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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 lands, an appropriate barrier shall be incorporated along the roadway.
Alternative forms of barriers may be considered provided they satisfy the intent of
this measure.
19. Windbreaks (landscaped) shall be installed on the developable portions to aid in
reducing the effects of farm spraying and dust generation.
20. Landscape plant material 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 agricuttural crops.
21. Landscaping with herbaceous plantings shall be discouraged, since they are likely
to be hosts ofthe pests likely to invade the farm craps.
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22. 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 fallow.
23. 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.
24. 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
tenantshsers occupy the area at their own risk.
25. The cost of the above mitigation measures shall be borne by the developer and
shall not be passed on to the agricuttural operators (existing or future). For all
agricultural land that Carltas or its successor in interest chooses not to farm on a
yearly basis, a reasonable effort shall be made to offer the agricuttural land for
lease or rent at a value equal to or less than the average prevailing market rents
for sirnilarty situated Coastal agricultural land found within a 30 mile radius of the
Carltas property.
26. As part of a farm operator’s lease, there shall be a requirement to keep dirt roads
watered regGarly to minimize dust impacts on crops as well as on adjacent non-
agricultural uses.
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