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HomeMy WebLinkAbout1993-01-06; Planning Commission; Resolution 3479'7 1, 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 28 0 0 I 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; .... .... II I, 1 ll 0 e WHEREAS, at said public hearing, upon hearing and considering 2 3 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 5 6 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: 8 9 10 11 12 13 14 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. ~ 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: 15 17 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: 21 22 23 24 25 26 27 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. .... PC RES0 NO. 3479 -2- I 28 /I I! e * 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: 1 2 3 4 5 6 7 AYES: Chairperson Noble, Commissioners: Schlehuber, Schram~ Welshons, Savary & Hall. NOES: Commissioner Erwin. ABSENT: None. 8 I1 ABSTAIN: None. 9 10 11 12 13 ATTEST: 4 fT ".- I'\ 3&& .I . " / BAILEY NOBg Chairperson CARLSBAD PLANNING COMMISSIOP 14 15 16 17 18 Planning Director 10 I 2o i 21 22 23 24 25 26 27 PC RES0 NO. 3479 -3- 28 EXHIBIT LCPA 90-( JANUARY 6,1993 EXISTING GENVIAL PLANILCR PALOMAR AIRPORT RD PROPOSED GUERAL PLAN/LC 4 I PALOMAR AIRPORT RD City of hrkbad r CARLSBAD RANCH SPECIFIC PLAN GPA 90-11 LCPA 90-8 I I I. 0 0 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. - 0 e 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). 2 0 0 .' 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. 3 e 0 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. ............... 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. \ - 4 * 0 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. * 5 e 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. 6 ,. < I .c 0 * 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. 7