HomeMy WebLinkAbout1995-12-06; Planning Commission; Resolution 3846e 0
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PLANNING COMMISSION RESOLUTION NO. 3846
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDINGAPPROVALOFANAMENDMENTTO
THE TEXT OF THE AGUA HEDIONDA AND MELLO I1
SEGMENTS OF THE LOCAL COASTAL, PROGRAM, AN
AMENDMENT TO THE MELLO I1 SEGMENT LAND USE
PLAN MAP OF THE CARLSBAD LOCAL COASTAL
PROGRAM TO BRING THE DESIGNATIONS ON THE
LOCAL COASTAL PROGRAM, GENERAL PLAN, AND
ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED NORTH OF PALOMAR AIRPORT ROAD,
SOUTH OF THE FUTURE CANNON ROAD EXTENSION
EXCEPTING APPROXIMATELY 24.2 ACRES LOCATED
ON THE NORTH SIDE OF CANNON ROAD, EAST OF
PASEO DEL NORTE AND WEST OF LOCAL, FACILITY
MANAGEMENT ZONES 5 AND 8 AS WELL AS
AMENDMENTS TO THE IMPLEMENTATION PLAN
WHICH CONSIST OF A ZONE CHANGE AS WELL AS TEXT AMENDMENTS TO THE CARLSBAD RANCH
SPECIFIC PLAN AND THE COASTAL AGRICULTURAL
OVERLAY ZONE AND ACCEPTANCE OF SUGGESTED
MODIFICATIONS PREVIOUSLY APPROVED BY THE
CALIFORNIA COASTAL COMMISSION.
CASE NAME CARLSBAD RANCH/LEGOLAND
CASE NO: LCPA 90-08(B)
WHEREAS, California State law requires that the Local Coastal Prc
SPECIFIC PLAN AMENDMENT
General Plan, and Zoning designations for properties in the Coastal Zone
conformance;
WHEREAS, the Carltas Company has filed a verified application for cc
property to wit:
A portion of lots "G" and "H" of Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California, according to the
Map thereof No. 823, filed in the Office of the County Recorder of San
Diego County on November 19, 1896; and Lots 1, 2, 7 and 8 of
Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2) in the
City of Carlsbad, County of San Diego, State of California, according
to the map thereof No. 13078 filed in the Office of the County
Recorder of San Diego County on December 28,1993; and Lots 9-14,
inclusive of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 3), in the
City of Carlsbad, County of San Diego, State of California, according
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to the map thereof No. 13215, filed in the Office of the CounQ
Recorder of San Diego County on June 30,1995
WHEREAS, said application constitutes a request for Local Coastal PI
Amendment Land Use Plan Amendments (land use designations and text) for th
Hedionda and Mello I1 Segments dated December 6,1995, attached hereto marked I
"B-1" and "B-2", respectively; and implementation amendments (Carlsbad Ranch S
Plan Amendment dated October 1995 referenced in the draft City Council Ordi
Exhibit "F-1" attached to Planning Commission Resolution No. 3848 and Zone Chan
02 referenced in the draft City Council Ordinance, Exhibit I%-l", attached to Plz
Commission Resolution No. 3847, and all incorporated by this reference, as provic
Public Resources Code Section 30574 and Article 15, Subchapter 2, Chapter 8, Divisil
of Title 14 of the California Code of Regulations (the California Coastal Comm
Administrative Regulations); and
WHEREAS, in 1993 the California Coastal Commission adopted sug
modifications in approving Local Coastal Program Amendment 90-08; and
WHEREAS, the Planning Commission recommends acceptance oi
suggested modifications dated December 6, 1995, attached hereto marked Exhibit
Local Coastal Program Amendment Land Use Plan Amendments; and
WHEREAS, the Planning Commission did on the 6th day of December, 1
hold a duly noticed public hearing as prescribed by law to consider all of the above;
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, said Commission considere
factors relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines require a six week public review pe
I for any amendment to the Local Coastal Program.
PC RES0 NO. 3846 -2-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, start
September 20, 1995, and ending on November 1, 1995 staff shall pre;
the City Council a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Corn
RECOMMENDS ACCEPTANCE of the suggested modifications as shl
Exhibit "A-1" and RECOMMENDS APPROVAL of LCPA 90-08(B).
Findinprs:
1. That the proposed Local Coastal Program Amendment is consistent w
applicable policies of the Agua Hedionda and Mello I1 segments of the GI
Local Coastal Program, in that:
a. the amendment to Policy 2-2 (Agriculture) of the Agua Hedionda Segn
permit a 24.2 acre area adjacent to and north of Cannon Road to be u
as part of a proposed golf course and allowing for it to be zoned as
Space (0-S) rather than Exclusive Agriculture (E-A) will allow for a1
space use on this area in place of agriculture which is compatible wi
land use and environmental policies contained in the coastal program
b. the alignment of Cannon Road is substantially as shown on Exhibit G
Agua Hedionda segment of the Local Coastal Program and the proposl
course use of the approximately 24.2 acre area complies with all p~
regarding environmentally sensitive habitats, water, and marine resou
c. the amendment to the Mello I1 Segment to apply policy 2-1 to the area
Carlsbad Ranch within the agricultural preserve with the exception
approximately 53.42 acres to be retained for agricultural use, and pro
that any acreage that is under the control of a public entity for use as
recreation or open space use will be exempt form policy 2-1, will allow 1
agricultural conversion of additional areas of the Carlsbad Ranch con:
with previous Coastal Commission actions by requiring compliance wi
of the three conversion options specified in the plan. In addition
support the development of public recreational or open space uses i
coastal zone by exempting public entity projects from the agricu
conversion requirements;
d. the amendment to Policy 2-2 of the Mello I1 Segment allows fa
conversion of additional agricultural land to urban uses in addition tl
previously provided for in this policy and establishes the applicability
mitigation requirements of Policy 2-1 to the conversion to reduce the in
~ PC RES0 NO. 3846 -3-
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e. the reduction in the structure setback required in Policy 2-2 of the h
Segment from 50 feet to a minimum of 25 feet from adjacent agrit
areas will provide an adequate buffer between agricultural and urb;
when implemented with other measures such as required walls, bermi
landscaping based on the findings of the Soil and Plant Laboratory, Ik
the texture of the soil is low in potential for dust generation;
f. the Mello I1 policy regarding the preservation of steep slopes with st
vegetation is being complied with;
g. all drainage and runoff control measures specified in the Local a
Program will be complied with as evidenced by the storm water man3
program in the Carlsbad Ranch Specific Plan;
h. the amendment to the Carlsbad Ranch Specific Plan which
implementation plan for this area complies with all policies of the M
Segment and will provide for consistency between the implementatio
and the land use plan;
i. the amendment proposed to the Coastal Agricultural Overlay will prov
consistency between the implementation plan and the land use plan;
2. That the proposed amendment to the Agua Hedionda and Mello I1 segments
Carlsbad Local Coastal Program is required to bring the designations of the
General Plan Land Use Map (as amended), Zoning Map (as amended) and
Hedionda and Mello I1 Land Use Plans into conformance.
Conditions:
1. Approval of LCPA 90-08(B) is granted subject to the approval of ElR 94-01, GI
03, ZC 94-02, SP 207 (A), SP 144 (G), LFMP 87-13(B), and AP 76-01 (D).
90-O8(B) is subject to all conditions contained in Planning Commission Resa
No. 3844 for the Program EIR
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1 PC RES0 NO. 3846 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning commission of the City of Carlsbad, held on the 6th day of December, 1
the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Cornpas, Nielsen,
and Savary
NOES: Commissioners Erwin and Monroy
ABSENT: None
ABSTAIN: None
KIM WIELSHONS, Chairperson CARLSBAD PLANNINGkOMMI
ATTEST
MICHAEL J.#OL&ILLER
Planning Director
I PC RES0 NO. 3846 -5-
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December 6
Option 2 - Determination of Agricultural Feasibility
If the feasibility of continued agricultural is questionable, either the City or involved
landowners may complete an agricultural feasibility study for: a) all coastal agricultural lands
in the LCP; b) 3 or 4 subareas which constitute logical subunits; or c) contiguous
landholdings in single ownership of at least 100 acres. If Option 2 is selected, that portion
of the study area determined to be feasible for continued agriculture, if any, shall be
converted upon request of the landowner to urban use subject to compliance with the
provisions of Option 1 above. That portion of the study area determined not to be feasible
for continued agriculture could be converted only after; a) the City approves the feasibility
study; b) an .LCP amendment is prepared and submitted to the Coastal Commission that
provides for the conversion; and c) the Coastal commission certifies the LCP amendment
as to its conformance with the Coastal Act.
For purposes of implementation, neither Option 1 nor Option 2 $j"jCj@$$~$ shall have
priority over the other.
. . . . . . . . . ....... . . ... . . . . . ........C...........
................................ ,...,.,...._ :.:.:<.:.:.:?:.:.:.:.
Page 2
3. On page 18, under "Environmentally Sensitive Habitat Areas," a new Policy #3-7
shall be added:
Page 3
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4. In section IV of the Specific Plan, the following provision shall be added:
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Page 5
9 0 EXHll
Decembel
PROPOSED LOCAL COASTAL PLAN
LAND USES
i AGUA HEDIONDA LAGOON
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m L2-9 OPEN SPACE 1 T-R 1 TRAVEL/RECREATION
COMMERCIAL
m I I R 1 REGIONAL COMMERCIAL I C 1 COMMUNITY COMMERCIAL - I O/PI I OFFICE/PLANNED INDUSTRIAL
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LOCAL COASTAL PROGRAM
LAND USE - MELLO II SEGMENT
(PORTION OF MAP X)
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Land Use - Mello II Chapt
Option 1 - Mitipation (Prime Land Exchange)
Non-prime coastal agricultural lands shall be converted to urban use consistent with tht
Carlsbad General Plan if, prior to approval of a subdivision map, a mitigation program i:
in effect that permanently preserves one acre of prime agricultural land within the statewide
Coastal Zone for each acre of net impacted agricultural land in the LCP that is converted
the parcels and acreages designated on Map X and the 2987 ;%@X4 acre Carltas Propeq
and areas containing sensitive coastal resources that would preclude developments.
The standards and procedures for such a mitigation program shall be set forth in LCF
implementing ordinances. Recipients of prime agricultural land interests pursuant to this
policy shall be limited to:
For purposes of calculating required mitigation acreage, net impacted agricultural lands art
.................... __ ::y:.
a) local or state agencies; or,
b) tax exempt organizations whose principal charitable purposes are consistenf
with the agricultural mitigation program and qualify under Section 501(c)(3)
of the U.S. Internal Revenue Code. Further, mitigation priority shall be given
to preserving prime agricultural lands in the coastal zones of counties selected
by the State Coastal Conservancy for pilot programs funding, and other
counties with similarly qualified programs.
Option 2 - Determination of Amicultural Feasibility
If the feasibility of continued agriculture is questionable, either the City or involved
landowners may complete an agricultural feasibility study for: a) all coastal agricultural
lands in the LCP; b) 3 or 4 subareas (See Exhibit 3.3, Page 69) which constitute logical
subunits; or, c) contiguous landholdings in a single ownership of at least 100 acres. If
Option 2 is selected, that portion of the study area determined to be feasible for continued
agriculture, if any, may be converted upon request of the landowner to urban use subject
to compliance with the provisions of Option 1 above. That portion of the study area
determined not to be feasible for continued agriculture could be converted only after: a)
the City approves the feasibility study; b) an LCP amendment is prepared and submitted to
the Coastal commission that provides for the conversion; and c) the Coastal Commission
certifies the LCP amendment as to its conformance with the Coastal Act.
Option 3 - Agricultural - Conversion Mitigation - Fee
In lieu of the procedures established by the above options, property may be converted to
urban uses upon payment of an Agricultural Conversion Mitigation Fee. The amount of the
fee shall be determined by the City Council at the time it considers a coastal development
permit for urban development of the property. The fee shall not be. less than five thousand
dollars nor more than ten thousand dollars per net converted acre of agricultural land and
shall reflect the approximate cost of preserving prime agricultural land pursuant to the off-
site mitigation program (Option 1). The fees shall be paid prior to the issuance of building
permits for the project. All mitigation fees collected under this section shall be deposited
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Land Use - Mello II Chap&
in the state Coastal Conservancy Fund and shall be expended by the State Coastal
Conservancy in the following order of priority:
a) Restoration of natural resources and wildlife habitat in Batiquitos Lagoon,
including but not limited to, payment for operation by maintenance of a
lagoon enhancement program.
b) Development of an interpretive center at Buena Vista Lagoon.
c) Restoration of beaches managed for public use in the coastal zone in the City
of Carlsbad.
d) Purchase of agricultural lands for continued agricultural production within the
Carlsbad Coastal Zone as determined by the Carlsbad City Council.
e) Agricultural improvements which will aid in continuation of agricultural
production within the Carlsbad Coastal Zone as determined by the Carlsbad
City Council.
For purposes of implementation, neither Option 1 nor Option 2 nor Option 3 shall have
priority over the other.
(4) Underlying Urban Designations of Coastal:
To maximize and expedite the preservation of prime agricultural lands
throughout the state coastal zone, all parcels designated coastal agriculture
(See Exhibit 3.3, Page 69, and Table 5.1) in the LCP including the M
:.:.:.:.:.: X@$% ........................ acre Carltas property shall have an underlying urban land use
designation as identified on Map Y, and the Carlsbad Ranch Specific Plan.
Conversions of coastal agriculture land permitted by the City in conformance
with either Option 1 or Option 2 or Option 3 as set forth in Policy 2 shall be
consistent with the land use designations on Map Y and the Carlsbad Ranch specific Plan.
(5) Conversions of Coastal Agriculture Inconsistent with Underlying Urban
Designations:
Conversions of parcels designated coastal agriculture that are requested for
uses other than the underlying land use designation on Map Y and the
Carlsbad Ranch Specific Plan shall be subject to an LCP amendment to allow
the City and Coastal Commission to determine the consistency of proposed
urban uses with other applicable provisions of the LCP and the Coastal Act.
(b) Designated Coastal Agricultural Lands
"Designated Coastal Agricultural Lands" are those agricultural lands identified
on Map X (See Exhibit 3.3, Page 69) attached to the Land Use Plan certified
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Land Use - Mello 11 ChUDtt s
on October 24,1985. The following are the lands identified on Map X (See
Exhibit 3.3, Page 69):
Approximate Acres
Site I1 377
Site I11 275
Site IV 109
Lusk 93
Bankers 27
Hunt (Mello I LCP Segment) 200
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TOTAL: ~~@~~ ........................ ............................................. *
(c) Permitted Uses on Designated Coastal Agricultural Lands
The land uses described below shall apply to any designated coastal
agricultural land which has a been approved for development.
(1) On any Class I through Class IV Agricultural Lands:(See Exhibit 4.2,
Page 63) the following uses only are permitted:
a) Cattle, sheep, goats and swine production, provided that the
number of any one or combination of said animals shall not
exceed one animal per half acre of lot area. Structures for
containing 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.
b) Crop production.
c) Floriculture.
d) Horses, private use.
e) Nurse~y crop production.
f) 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.
g) Roadside stands for display and sale of products 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.
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Land Use - Melb 11 Chapt -
h) Tree farms.
i) Truck farms.
j) Wildlife refuges and game preserves.
k) Other uses or enterprises similar to the above customarih
carried on in the field of general agriculture including accesso&
uses such as silos, tank houses, shops, barns, offices, coops!
stables, corrals, and similar uses required for the conduct of the
uses above.
1) One single family dwelling per existing legal building parcel.
(2) On any Class V through VI11 Agricultural Lands (See Exhibit 4.2, Page
63) the following uses only are permitted:
a) All 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 21.07 of the Code are met.
POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE"
DEVELOPMENT
This policy provides conditional development standards for the area of approximately
423 acres north of Palomar Airport Road, east of Paseo del Norte, and east of Car
Country Drive (See Exhibit 4.3, Page 93). All such lands owned either by Carltas or
Ecke or their successors in interest shall be permitted, pursuant to approval of a
Specific Plan to convert certain agricultural lands to residential and/or non-residential
(including tourist-sewing commercial) development as a means of providing
supplementary uses which will assist in the retention of agricultural and public
recreation 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 Existine Led - Parcels. Where each existing legal
parcel as of July 14,1987, (See Exhibit 4.3, Page 93) is developed individually,
permitted uses shall be those described above in Policy 2-1 C Permitted Uses
on Desimated Coastal Agricultural Lands.
(b) Uses Conditionallv Permissible Pursuant to the DeveloDment of the Entire
Area Subiect to a Specific Plan.
(1) Consistent with the Carlsbad General Plan residential, commercial
(including tourist serving commercial), and other non-residential uses
may be developed on up to 92.6 acres of the approximately 423 acre
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Land Use - Melh 11 chap1 *
site subject to a Specific Plan for the entire site, Development of lm
within the Agricultural Preserve will be subject to the provisions of the
Williamson Act and specifically the Land Conservation Contract i~
(2) Development shall be clustered along Palomar Airport Road, Paseo
del Norte, and Cannon Road and clustered on the first major ridge
area as designated on Exhibit 4.3A.
(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 developable area. The
intent of this requirement is to cluster development on lands least
suitable for agriculture.
(4) All remaining lands as shown on Exhibit -
shall as a condition of the Specific Plan be preserved in agriculture
and/or public recreation for as long as feasible. Feasibility shall be
determined for the entire area covered by this restriction. Further,
feasibility shall be. subject to the requirements of the Mello 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.
Item No. 6 on page 8 of Exhibit "C" which deals with the amendment
to the Local Coastal Plan was revised by CCC action to read as
follows:
(6) As an interim step (prior to a complete Specific 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 I1 expansion of Carlsbad Car Country pursuant to a Specific
Plan.
(7) The 92.6 acres of developable land n
includes the remaining developable portion of the original 482 acre site
(See Exhibit 4.3A) that has not been developed.
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(8) The Specific 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 and/or public recreation uses.
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Land Use - Mello I1 ChaDi r
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Land Use - Mello II Chupi -
the west ridge to continue around the ridge on the south facing slope!
of said ridge. In order to ensure agricultural viability the develope:
shall amend the soils after grading the area to be equivalent to thc
exishg Class I11 Marina soils in capability
(17) All structures to be located in the future developable area shall be
setback a minimum of 58 2$ .:.> .._ feet from the adjacent area designated fo~
agriculture.
(18) A solid wall or fence shall be installed around the entire perimeter oj
the developable area. The wall (Fence) shall be a minimum 6 feet ir
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 agricultural crops.
(21) Landscaping with herbaceous plantings shall be discouraged, since they
are likely to be hosts of the pests likely to invade the farm crops.
(22) Drainage water from buildings, streets, parking areas and landscape in
the development shall be disposed of through storm drains or
othed 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 tenants/users occupy the area at their
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Land Use - MeUo I1 Chap& -
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own risk.
(25) 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 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 agricultural land for lease
or rent at a value equal to or less than the average prevailing market
rents for similarly 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 regularly to minimize dust impacts on crops
as well as on adjacent non-agricultural uses.
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Implementation - Me110 II ChDter
A'ITACHMENT 1
Chapter 21.202
COASTAL AGRICULTURE OVERLAY ZONE
Sections:
21.202.010
21.202.020
21.202.030
21.202.040
21.202.050
21.202.055
21.202.060
21.202.070
21.202.075
21.202.080
21.202.090
Intent and Purpose
Definitions
Development of Coastal Agricultural Land
Permits Required
Permitted Uses on Agricultural Lands
Lot and Yard Standards - Agricultural Lands
Development of Coastal Agricultural Land
Findings Required Before Conversion to Urban Areas
Development on Coastal Agricultural Lands Not Consistent with
Underlying Land Use Designation
Proximity of Urban Development to Existing Developed Areas
Review by Planning Commission
21.202.010 Intent and Purpose
The Coastal Agriculture Overlay (CA) Zone is established to implement Sections 30170 (9,
30171,30241,30242 and 30250 of the California Coastal Act and the Local Coastal Program
Land Use Plan certified on June 1981. 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. The local coastal program
recognizes that long term agriculture may not be feasible and establishes agriculture as an
interim use. Therefore, this zone allows urban development of such lands if specific findings
are made or mitigation measures are undertaken. The Coastal Agriculture Zone is an
overlay zone; no use shall be allowed on any property zoned coastal agriculture unless such
use complies with the provisions of this chapter and with the provisions of any other
chapters of this title which are applicable to the property.
21.202.020 Definitions
For the purposes of this zone, terms used herein are defined as follows:
A. Coastal Amicultural Lands: Means those agricultural lands identified on Map X
attached to the Land Use Plan certified on September 1980. The following are the
lands identified on Map X
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Implementation - Mello II ChaDte
Approximate Acres
Site I1 377
Site I11 275
Site IV 109
Lusk 93
Bankers 27
Hunt 200
Carltas gpJJ N@!&j .. :.:::...< ..... 3 ..... A,,.$ ...................................
B. Class I-IV Aericultural Land: Means all land which qualifies for rating as Class I
through Class IV in the U.S. Department of Agriculture Soil Conservation Sexvice
Land Use Compatibility Classification.
C. Class V-VI11 Aericultural Land: Means all land which qualified for rating as Class
V through Class VI11 in the U.S. Department of Agriculture 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. Net Impacted Agricultural Land: Means for purposes of calculating required
mitigation acreage, the parcels and acreages designated on Map X and the W
slopes (25% or greater) and areas containing sensitive coastal resources that would
....... , ..:s, ' ; ...... $j@&#& .... .:.,... .. acre Carltas property suitable for agricultural use minus the acreage in steep ...................................
F. Underlving Land Use Designation: Means those urban uses which are consistent with
the urban land use designation established by the Carlsbad General Plan and the
Local Coastal Program Land Use Plan, which agricultural lands may be converted in
conformance with this chapter.
G. Urban Uses: Means any use other than a use permitted by Section 21.202.050
including any use necessary or convenient to urban use.
21.202.030 Urban Development of Coastal Agricultural Land
Coastal agricultural land may be converted from agricultural use and developed for urban
use in compliance with the procedures of this chapter.
21.202.040 Permits Required
No development, including but not limited to land divisions, as defined in Section 21.04.108
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Imvlementation - Mello IZ Chapter
of this Code shall occur without a Coastal Development Permit having first been issued
pursuant to Chapter 21.201 of this Code. A master plan or a planned development permit
processed according to Section 21.202.060 shall be considered a coastal permit if also
processed in compliance with Chapter 21.201.
21.202.050 Permitted Uses on Agricultural Lands
The provisions of this section shall apply to any coastal agricultural land which has not been
approved for development pursuant to this chapter.
A. On any Class I through Class IV Agricultural Land the following uses only are
permitted
1. Cattle, sheep, goats and swine production, provided that the number of any
one or combination of said animals shall not exceed one animal per half acre
of lot area. Structures for containing 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, or within three hundred feet of an
adjoining parcel zoned for residential uses.
7. Roadside stands for display and sale of products 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.
11. Other uses or enterprises similar to the above customarily carried on in the
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Implementation - Mello I' chapfi
field of general agriculture including accessory uses such as silos, tank house1
shops, barns, offices, coops, stables, corrals, and similar uses required for thc
conduct of the uses above.
12. One single family dwelling per existing legal building parcel.
B. On any Class V through VI11 Agricultural Land the following uses only arc
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.
21.202.055 Lot and Yard Standards - Agricultural Lands
The provisions of this section shall apply to any coastal 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 ten
acres unless the City Council finds that smaller parcel sizes will not adversely affect
the agricultural use of the property.
2. Every newly created lot shall have a minimum width of the rear line of the required
front yard of not less than three hundred feet.
3. Every lot shall have a required front yard of forty feet. Except as otherwise provided
in Section 21.202.050 no building or 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
21.202.050.
5. Every lot and building site shall have a rear yard of not less than twenty five feet
unless othemise permitted by Section 21.202.050.
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Implementation - MeZZo I1 Chapter
6, No building or structure shall exceed thirty five feet in height.
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.
21.202.060 Development of Coastal Agricultural Land
Coastal agricultural lands may be converted from agricultural to urban uses pursuant to the
following procedures:
A. Zoning approvals:
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 Carlsbad General Plan and certified Local Coastal Program
in effect at the time the application is submitted.
2. For property less than 100 acres in area, a planned development 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 standards shall be as follows:
Land Designation on Carlsbad Permitted Uses and
General Plan Development Standards -
Residential Low Density R-1 4oooO
Residential Low Medium Density R-1 loo00
Residential Medium Density RD-M
Residential Medium to High Density RD-M
Planned Industrial P-M
(Map Y of the Certified Local Coastal Program shows existing
permitted land use categories)
B. Development permitted based upon mitigation of lands zoned coastal agricultural.
A master plan or planned development permit for urban development of lands zoned
coastal agriculture shall, in addition to complying with all aspects of the City’s
General Plan, shall include the following items:
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Implementation - Mello I1 ChaDtI2
1. An enforceable, non-revocable commitment by the property owner to preservt
permanently one acre of prime agricultural land within the California Coasta:
Zone for each net impacted acre of non-prime coastal agricultural land in the
Local Coastal Program proposed for development. The preserved land shall
be located in an area selected by the State Coastal Conservancy and approved
by the City Council. This enforceable commitment shall require, prior to
issuance of a building permit, the permanent transfer or dedication of interest
in the prime agricultural land to a grantee that is a local or state agency, or
a tax exempt organization qualifying under Section 501(c)(3) of the U.S.
Internal Revenue Code. Grantees also shall be limited to organizations and
agencies whose principal purposes are consistent with the preservation oi
agriculture.
2. The following documentation pertaining to the prime agricultural land outside
the Local Coastal Program that is being permanently preserved:
a. Parties. Identification of the grantor and grantee (i.e. property owner,
and government agency or tax exempt organization having a letter
determination from the IRS documenting qualification per Section
501(c)(3) of the Internal Revenue Code).
b. Legal - DescriDtion. A legal description of the prime agricultural lands
being preserved.
C. Tme and hmse of Easement. A clear statement defining the type
and purpose of the easement or other form of property interest being
used to protect prime agriculture. Acceptable interests include, but
shall not be limited to, conservation easements, transfers in trust,
common law easements, open space easements, restrictive covenants,
equitable senitudes, fee ownership or any other permanent restriction
approved by the City Council.
d. Statement of Intent. A statement of intent by the grantor shall be
submitfed declaring an intent to protect agricultural land through the
creation of easements or other interests running with the property, and
a declaration of intent by the grantee to honor such grantor intent in
Perpetuity-
e. Documentation. Maps, reports, aerial photographs shall be
incorporated into the easement showing evidence of the agricultural
lands that grantor and grantee intend to prese.rve.
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f. Rights, Restrictions, Permitted Uses and Reservations. Grantee shal
demonstrate the necessary authority to monitor and enfora
compliance with terms of the agreement as the trustee or guardian
Restrictions shall prescribe all reasonable foreseeable activities thti
could be potentially harmful to conservation values.
g. Executoq Limitation. Provisions for forfeiture of the easement 01
interest by the grantee to another qualified organization should the
grantee fail to maintain the land for agricultural use shall be included.
h. Assignment. Grantee shall agree to hold easements or interests for
conservation purposes and guarantee that he will not transfer the
easement except to an organization qualified to hold such interests
under the relevant California and Federal laws and the terms of this
section.
i. Habendum Clause. The interest in property shall inure to the benefit
of the grantee. All restrictions shall bind all subsequent purchasers or
title holders of the restricted land and shall continue as a servitude
running with the land in perpetuity.
3. Prior to building permit issuance, the property owner shall present to the City
Manager proof of dedication by grantor and acceptance by grantee of an
appropriate interest in prime agricultural lands pursuant to subsection b.2.
C. Urban development of lands shown to be not feasible for continued or renewed
agricultural use. In lieu of the procedures established by subsection b. or subsection
d. property owners may complete an agricultural feasibility study prior to conversion
of lands designated coastal agriculture. The purpose of the feasibility study shall be
to determine, consistent with Section 30242 of the Coastal Act, if continued or
renewed agriculture is feasible on the subject property.
1. An applicant or group of applicants may complete an agricultural feasibility
analysis for one or any combination of the following study areas: (1) all
coastal agricultural lands in the Local Coastal Program area; (2) individual
feasibility analyses for each of four subunits in the Local Coastal Program
(refer to Map X);
Approximate Acres
Site I1 377
Site I11 275 .
Site IV 109
LusWankers Site 120
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Implementation - Mello II Chupter
Carltas Site w * ?j@p. .... ..... .. :.:.:...> . ..........,... ..... .,... $:.*.;.:: .:g ... .. . . . .
(3) an individual study for the Hunt property may be submitted as part of a
submitted master plan for each of its subunits, or (4) feasibility studies may
be submitted for contiguous land holdings of 100 acres or more in single
ownership.
2. Feasibility studies submitted for the purpose of determining the viability of
continued or renewed agriculture on coastal agricultural parcel(s) shall
provide the following:
a. Description of the farm unit under study including discussions of land
capabilities, crop patterns, and minimum economic farm size.
b. Investment cost analysis including cost of land for agricultural
purposes.
c. Farm unit cash flow analysis (production costs, income, etc.).
d. Tax considerations relative to feasibility.
e. Implications of future trends in water cost and availability, land and
labor costs, and market competition.
3. Upon completion, the agricultural study shall be submitted to the City for
review and approval concurrent with the filing of a master plan or planned
development permit.
a. If the study finds that continued or renewed agriculture is feasible, the
property owner has the choice of: (1) maintaining agricultural uses; or
(2) proceeding with conversion and mitigation pursuant to the
procedures set forth in subsection b. of this section.
b. If the feasibility study finds that continued or renewed agriculture is
not feasible and City Council concurs, the City shall review the
submitted master plan or planned development permit on its merits
and for consistency with the other provisions of this Code and the
Local Coastal Program. If City Council determines that the
development is in conformance with all provisions of the Code and the
Local Coastal Program, it may be approved without mitigation for
conversion of agricultural land. The approved feasibility study and
master plan or planned development permit approved by the City shall
be prepared as a Local Coastal Program amendment and submitted to
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Implementation - Mello II Chaptel
the Coastal Commission for certification. The master plan, planned
development permit or coastal permit shall not be final unless the
Local Coastal Program amendment is approved by the Coastal
Commission.
D. Agricultural conversion mitigation fee. In lieu of the procedures established by
subsection b. or subsection e., property may be converted to urban uses upon
payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall
be determined by the City Council at the time it considers a Coastal Development
permit for urban development of the property. The fee shall not be less than five
thousand dollars nor more than ten thousand dollars per net converted acre of
agricultural land and shall reflect the approximate cost of preserving prime
agricultural land pursuant to subsection b. The fees shall be paid prior to the
issuance of building permits for the project. All mitigation fees collected under this
section shall be deposited in the State Coastal Conservancy Fund and shall be
expended by the State Coastal Conservancy in the following order of priority:
1. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon
including but not limited to, continued funding of any maintenance, operation
or enhancement costs necessary to implement any lagoon enhancement
program approved by the City Council.
2. Development of an interpretive center at Buena Vista Lagoon.
3. Restoration of beaches managed for public use in the coastal zone in the City
of Carlsbad.
4. Any other project or activity benefiting natural or agricultural resources in the
coastal zone in the City of Carlsbad that is provided for in the certified Local
Coastal Program.
21.202.070 Findings Required Before Conversion to Urban Uses
A. Where a property owner has agreed to preserve prime agricultural land elsewhere in
the state coastal zone pursuant to Section 21.202.060 then the City Council prior to
approval of a master plan or planned development permit must find that:
1. The conversion would preserve prime agricultural land in a manner consistent
with Section 30242 of the Public Resources Code, the certified Local Coastal
Plan and this chapter.
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Implementation - Mello 11 Chum I .-
~ -~
2. The master plan or planned development permit is consistent with the
certified Local Coastal Program.
3. Conversion would concentrate urban development consistent with Section
30250 in areas able to accommodate it, and within or adjacent to developed
areas.
4. Conversion would be compatible with continued agriculture on adjacent
agricultural lands.
5. Consistent with the certified Local Coastal Program and Section 30241 of the
Coastal Act, conversion would contribute to limiting conversions of prime
agricultural land and create stable urbadrural boundaries within prime
agricultural lands located elsewhere in the coastal zone.
B. Where a property owner has elected to complete an agricultural feasibility analysis,
and the property owner and City agree, based on that analysis, that continued or
renewed agriculture is not feasible on the subject lands, and a City Council approved
feasibility analysis and master pladplanned development permit must incorporate
City findings declaring that:
1. Continued or renewed agriculture is not feasible on the subject parcel(s) and,
consistent with Section 30242 of the Coastal Act, conversion of the parcels
designated coastal agriculture in the Land Use Plan shall not require the
preservation of prime agricultural lands elsewhere in the coastal zone.
2. Development permitted is consistent with the certified Local Coastal Program.
3. Permitted development is compatible with continued agriculture on adjacent
agricultural lands.
C. Where a property owner has agreed to pay an agricultural conversion mitigation fee
pursuant to Section 21.202.060 then the City Council prior to approval of a master
plan or planned development permit must find that:
1. The master plan or planned development permit is consistent with the
certified Local Coastal Program.
2. Conversion would be compatible with continued agriculture on adjacent
agricultural lands.
3. The property owner has executed an agreement to pay the fee and the
agreement has been approved by the City Council.
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Implementation - Mello II ChaDtf
21.202.075 Development on Coastal Agricultural Lands Not Consistent With
Underlying Land Use Designation
Conversions of coastal agricultural lands to urban uses other than those underlying land us
designations which may be permitted pursuant to the procedures and findings set forth ir
Sections 21.202.060 and 21.202.070 relative to the preparation and submission of a Local
Coastal Program amendment for Coastal Commission certification. Uses other than those
underlying land uses shall require an amendment to the Local Coastal Program.
21.202.080 Proximity of Urban Development to Existing Development Areas
Urban development of agricultural lands shall be located
1. Contiguous with or in close proximity to existing developed areas;
2. In areas with adequate public facilities and services;
3. Where it will not have significant adverse effects, either individually or cumulatively,
on coastal resources.
21.202.090 Review by Planning Commission
Applications for conversions from agricultural to urban use shall be reviewed by the
Planning Commission in the same manner as applications for zone changes under Chapters
21.52 and 21.54 of this Code.
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