HomeMy WebLinkAbout2012-10-02; City Council; CS-189; Farmworker Housing ZCA 09-04...EXHIBIT 1
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO PERMIT OR CONDITIONALLY PERMIT
FARMWORKER HOUSING COMPLEXES IN ZONES WHERE AGRICULTURAL USES ARE PERMITTED OR CONDITIONALLY PERMITTED; ADD THE DEFINITIONS OF “AGRICULTURE,”
“FARMWORKER,” “FARMWORKER HOUSING COMPLEX, LARGE” AND “FARMWORKER HOUSING COMPLEX, SMALL” TO CHAPTER 21.04 (DEFINITIONS); AND ADD SECTION
21.10.125 - FARMWORKER HOUSING COMPLEX REGULATIONS AND STANDARDS TO CHAPTER 21.10 (R-1
ONE-FAMILY RESIDENTIAL ZONE).
CASE NAME: FARMWORKER HOUSING CASE NO.: ZCA 09-04
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That the list of sections in Chapter 21.04 (Definitions) is amended
by the addition of the reference to the following Sections:
21.04.023 Agriculture. 21.04.148.1 Farmworker.
21.04.148.3 Farmworker housing complex, large. 21.04.148.4 Farmworker housing complex, small.
SECTION II: That Section 21.04.023 (Definitions, “Agriculture”) is added as follows:
21.04.023 Agriculture. “Agriculture” means farming in all its branches, including the cultivation and tillage of the
soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or
horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing
animals, or poultry, and any practices (including any forestry or lumbering operations)
performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers
for transportation to market. SECTION III: That Section 21.04.148.1 (Definitions, “Farmworker”) is added as
follows: 21.04.148.1 Farmworker.
“Farmworker” means any individual engaged in agriculture (as defined in Section 21.04.023).
SECTION IV: That Section 21.04.0148.3 (Definitions, “Farmworker housing
complex, large”) is added as follows:
21.04.148.3 Farmworker housing complex, large.
“Farmworker housing complex, large” includes conventional and non-conventional
structures, housing more than 36 farmworkers or more than 12 units/spaces, such as: group
ORDINANCE NO. CS-189
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living quarters (including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home, manufactured home, recreational vehicle, or travel trailer; or other housing
accommodations, and which is occupied by farmworkers or farmworkers and their households,
and may be for temporary, seasonal, or permanent residence.
SECTION V: That Section 21.04.0148.4 (Definitions, “Farmworker housing
complex, small”) is added as follows:
21.04.148.4 Farmworker housing complex, small. “Farmworker housing complex, small” includes conventional and non-conventional
structures, housing up to 36 farmworkers or 12 units/spaces, such as: group living quarters (including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home,
manufactured home, recreational vehicle, or travel trailer; or other housing accommodations,
and which is occupied by farmworkers or farmworkers and their households, and may be for temporary, seasonal, or permanent residence.
SECTION VI: That Table A and accompanying footnotes of Section 21.07.020
(E-A Exclusive Agricultural Zone, Permitted Uses) are amended as follows:
Table A
Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the
municipal code: "P" indicates use is permitted. (See note 6 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process.
2 = Planning commission hearing process. 3 = City council hearing process.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory uses and structures (see note 4) X
Airports 3
Animals and poultry — small (less than 25) (see note 1) X
Animals and poultry — small (more than 25) (see note 1) 1
Apiary/bee keeping (subject to Section 21.42.140(B)(5)) 1
Aquaculture (defined: Section 21.04.036) 2
Aviary 1
Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) 2
Campsites (overnight) (subject to Section 21.42.140(B)(40)) 2
Cattle, sheep, goats and swine production (see note 2) X
Cemeteries 3
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Churches, synagogues, temples, convents, monasteries, and other places of worship 2
Columbariums, crematories, and mausoleums (not within a cemetery) 2
Crop production X
Drive-thru facilities (not restaurants) 2
Dwelling, single-family (farm house) X
Fairgrounds 3
Family day care home (large) (defined: Section 21.04.147) (subject to
Chapter 21.83)
X
Family day care home (small) (defined: Section 21.04.148) (subject to
Chapter 21.83)
X
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X
Floriculture X
Golf courses 2
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1
Greenhouses (2,000 square feet maximum) X
Guest house X
Hay and feed stores 1
Horses, private use X
Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265) 2
Mobile home (see note 5) X
Nursery crop production X
Other uses or enterprises similar to the above customarily carried on in the field of agriculture X
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70))
1
Plant nurseries and nursery supplies 1
Processing plant (for crops) (subject to Section 21.04.140(B)(115)) 1
Produce/flower stand for display and sale of products produced on the same premises (see note 3) X
Public/quasi-public buildings and facilities and accessory utility
buildings/facilities (defined: Section 21.04.297)
2
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 2
Satellite television antennae (subject to Section 21.53.130, et seq.) X
Signs (subject to Chapter 21.41) (defined: Section 21.04.305) X
Stables/riding academies (defined: Sections 21.04.310 and 21.04.315) 2
Stadiums 3
Tree farms X
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Notes:
1. Small animals and poultry: Provided that not more than twenty-five of any one or
combination thereof shall be kept within seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining
parcel zoned for residential uses, nor shall they be located within one hundred feet of a
parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances
so indicated.
2. 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. Said
animals shall not be located within seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for
residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated.
3. Produce/flower stands: Provided that the floor area shall not exceed two hundred square
feet and is located not nearer than twenty feet to any street or highway.
4. Accessory uses/structures: Include but are not limited to: private garages, children's
playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops,
barns, offices, coops, lath houses, stables, pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses.
5. Mobile home: Certified under the National Mobile Home Construction and Safety Standards
Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code.
6. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
SECTION VII: That Table A of Section 21.08.020 (R-A Residential Agricultural
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X
SECTION VIII: That Table A of Section 21.09.020 (R-E Rural Agricultural Zone,
Permitted Uses) is amended to add in alphabetical order the following use:
Truck farms X
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) 1
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) 2
Wireless communications facilities (subject to Section 21.42.140(B)(165))
(defined: Section 21.04.379)
1 / 2
Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section
21.04.400)
2
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X
SECTION IX: That Table A of Section 21.09.020 (R-E Rural Agricultural Zone,
Permitted Uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION X: That the list of sections in Chapter 21.10 (R-1 One-Family
Residential Zone) is amended to add the following reference to Section 21.10.125:
21.10.010 Intent and purpose.
21.10.020 Permitted uses.
21.10.030 Second dwelling units.
21.10.040 Home occupations.
21.10.050 Building height.
21.10.060 Front yard.
21.10.070 Side yards.
21.10.080 Placement of buildings.
21.10.090 Minimum lot area.
21.10.100 Lot width.
21.10.110 Lot coverage.
21.10.120 Development standards.
21.10.125 Farmworker housing complex standards.
21.10.130 Severability.
SECTION XI: That Table A of Section 21.10.020 (R-1 One-Family Residential
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XII That the footnotes of Table A of Section 21.10.020 (R-1 One-
Family Residential Zone) are amended as follows:
Notes:
1. On each lot or combination of adjacent lots under one ownership, there may be kept one
horse for each ten thousand square feet in the lot or lots; provided, however, that any such horse may be kept only if it is fenced and stabled so that at no time it is able to graze, stray
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or roam closer than seventy-five feet to any building used for human habitation, other than buildings on the lot or lots, and as to those buildings, no closer than fifty feet.
2. A conditional use permit is not required for a golf course if it is approved as part of a master
plan for a planned community development. 3. Mobile homes must be certified under the National Mobilehome Construction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code. 4. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
SECTION XIII: That Section 21.10.125 (R-1 One-Family Residential Zone,
Farmworker Dwelling Unit and Farmworker Housing Complex Standards) is added to read as
follows:
21.10.125 Farmworker housing complex standards.
A. Purpose. 1. The purpose of this section is to establish standards to ensure that the development of farmworker housing complexes does not adversely impact adjacent parcels or
the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, and the character of the City of Carlsbad.
2. The Employee Housing Act allows for flexibility in housing types for farmworker housing, including conventional and non-conventional structures, such as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle and
travel trailers. The laws and regulations governing these structures depends on the housing type; however, all employee housing must comply with: the Employee Housing Act (Health and
Safety Code Section 17000 et. seq.) and the Employee Housing Regulations (Title 25 –
Housing and Community Development), which outline specific requirements for the construction of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and
heating; and the provisions of this section.
B. The provisions of this section shall apply to: 1) single-family zones E-A, R-A, R-E, R-T, R-W, RD-M, L-C and R-1, areas designated by a master plan for single-family detached
dwellings in P-C zones where agricultural uses are allowed; 2) lots within multifamily zones R-2, R-3, R-P and RMHP; 3) commercial, office and industrial zones C-1, O, C-2, C-T, C-M, C-L, M, P-M and P-U; and 4) open space zones O-S and CR-A/OS, which are developed with a
farmworker housing complex. C. The property owner shall obtain all permits and/or approvals from the City of Carlsbad, as applicable, and the State Department of Housing and Community Development
(HCD) pursuant to Title 25 of the California Code of Regulations. A farmworker housing complex may require a building permit, and if located in the coastal zone, may also require a coastal development permit issued according to the provisions of Section 21.201of this title.
D. A farmworker housing complex shall meet the setback, lot coverage, height, and other development standards applicable to the zone in which it is located. Additionally, a
farmworker housing complex shall be located not less than 75 feet from barns, pens, or other
structures that house livestock or poultry, pursuant to Title 25 of the California Code of Regulations, and not less than 50 feet from any other agricultural and non-agricultural use.
E. All permanent farmworker housing shall provide landscaping around the entire
perimeter of the housing to shield the housing from adjacent structures. F. Parking shall be as required by Chapter 21.44.
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G. Farmworker housing complexes shall comply, as applicable, with the following: 1) Employee Housing Act (California Health and Safety Code Sections 17000 – 17062); 2)
Mobilehome Parks Act (California Health and Safety Code Sections 18200 – 18700); and
Special Occupancy Parks Act (California Health and Safety Code Sections 18860 – 18874). H. Within 30 days after approval from the City of Carlsbad for farmworker housing,
the applicant shall record in the office of the County Registrar-Recorder/County Clerk a covenant running with the land for the benefit of the City of Carlsbad, declaring that the farmworker housing will continuously be maintained as such in accordance with Chapter 21 of
the Carlsbad Municipal Code and also that: 1. The applicant will obtain and maintain, for as long as the farmworker housing is operated, the appropriate permit(s) from State Department of Housing and Community
Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated thereunder;
2. The improvements required by the City of Carlsbad related to the farmworker
housing shall be constructed and/or installed, and continuously maintained by the applicant; 3. The applicant will submit the annual verification form to the City Planner as
required by Section 21.10.125(I); and
4. Any violation of the covenant and agreement required by this section shall be subject to the enforcement procedures of Title 1 of the Carlsbad Municipal Code.
I. The property owner shall, if applicable: 1) complete and submit to the City Planner a verification form no later than 30 days after receiving a permit to operate from HCD; 2) a verification form shall be submitted to the City Planner annually to ensure compliance with
Title 21 of the Carlsbad Municipal Code; and 3) the verification form shall include: information regarding the agricultural use, housing type, number of dwelling units or beds, number of occupants, occupants’ employment information, and proof that a permit to operate from HCD
has been obtained and maintained. J. Farmworker housing complex shall be removed from the property within 90 days of termination of the property’s use from agricultural production.
SECTION XIV: That Table A of Section 21.12.020 (R-2 Two-Family Residential
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X
SECTION XV: That Table A of Section 21.16.020 (R-3 Multi-Family Residential
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XVI: That Table A of Section 21.18.020 (R-P Residential Professional
Zone, Permitted Uses) is amended by the addition of the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
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SECTION XVII: That Table A of Section 21.18.020 (R-P Residential Professional
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3
SECTION XVIII: That Table B of Section 21.18.020 (R-P Residential Professional
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XIX: That Table A of Section 21.20.020 (R-T Residential Tourist Zone,
Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XX: That Table A of Section 21.22.020 (R-W Residential Waterway
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1
SECTION XXI: That Table A of Section 21.24.020 (RD-M Residential Density-
Multiple Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XXII: That Table A of Section 21.25.020 (C-F Community Facilities
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
3
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/// SECTION XXIII: That Table A of Section 21.26.020 (C-1 Neighborhood
Commercial Zone, Permitted uses) is amended by the addition of the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1
SECTION XXIV: That Table A of Section 21.26.020 (C-1 Neighborhood
Commercial Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
3
SECTION XXV: That Table A of Section 21.27.020 (O Office Zone, Permitted
uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XXVI: That Table A of Section 21.27.020 (O Office Zone, Permitted
uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3
SECTION XXVII: That Table A of Section 21.28.020 (C-2 General Commercial
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XXVIII: That Table A of Section 21.28.020 (C-2 General Commercial
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
3
SECTION XXIX: That Table A of Section 21.29.020 (C-T Commercial Tourist
Zone, Permitted uses) is amended to add in alphabetical order the following use:
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XXX: That Table A of Section 21.29.020 (C-T Commercial Tourist
Zone, Permitted uses) is amended by to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXI: That Table A of Section 21.30.020 (C-M Heavy Commercial –
Limited Industrial Zone, Permitted uses) is amended to add in alphabetical order the following
use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XXXII: That Table A of Section 21.30.020 (C-M Heavy Commercial –
Limited Industrial Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3
SECTION XXXIII: That Table A of Section 21.31.020 (C-L Local Shopping Center
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XXXIV: That Table A of Section 21.31.020 (C-L Local Shopping
Center Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
3
SECTION XXXV: That Table A of Section 21.32.020 (M Industrial Zone,
Permitted uses) is amended to add in alphabetical order the following uses:
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Uses P CUP Acc
Farmworker housing complex, large (subject to Section 21.10.125)
(defined: Section 21.04.148.3)
3
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XXXVI: That Table A of Section 21.32.020 (M Industrial Zone,
Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3
SECTION XXXVII: That Table A of Section 21.33.020 (O-S Open Space Zone,
Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XXXVIII: That Table A of Section 21.33.020 (O-S Open Space Zone,
Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
3
SECTION XXXIX: That Table A of Section 21.34.020 (P-M Planned Industrial
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1
SECTION XXXL: That Table A of Section 21.34.020 (P-M Planned Industrial
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3
SECTION XLI: That Table A of Section 21.36.020 (P-U Public Utility Zone,
Permitted uses) is amended to add in alphabetical order the following use:
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XLII: That Table A of Section 21.36.020 (P-U Public Utility Zone,
Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
3
SECTION XLIII: That Table A of Section 21.37.020 (RMHP Residential Mobile
Home Park Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1
SECTION XLIV: That Table A of Section 21.39.020 (L-C Limited Control Zone,
Permitted Uses) is amended to add in alphabetical order the following use:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
"P" indicates use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process. "Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Animals and poultry — small (less than 25) (see note 1) X
Cattle, sheep, goats, and swine production (see note 2) X
Crop production X
Family day care home (large and small) (subject to Chapter 21.83 of
this title)
X
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X
Floriculture X
Greenhouses, less than 2,000 square feet X
Horses, private use X
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SECTION XLV: That the footnotes of Table A of Section 21.39.020 (L-C
Limited Control Zone, Permitted Uses) are amended as follows:
Notes:
1. Small animals and poultry: Provided that not more than twenty-five of any one or
combination thereof shall be kept within seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining
parcel zoned for residential uses, nor shall they be located within one hundred feet of a
parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances
so indicated.
2. 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 acres of lot area. Said
animals shall not be located within seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for
residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 3. Produce stands: Provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway.
SECTION XLVI: That Section 21.42.140 (Minor Conditional Use Permits and
Conditional Use Permits, Development standards and special regulations) is proposed to be
amended by the deletion of the following use:
2. Agricultural farm worker housing (temporary): a. A CUP is required unless exempted by Government Code Section 65589.4.
SECTION XLVII: That Table A in Section 21.44.020 (Number of off-street
parking spaces required) is amended by the addition of the following residential uses to be
added at the end of Table A’s list of “Residential Uses”:
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Nursery crop production X
Other uses or enterprises similar to the above customarily carried on in the field of agriculture X
Produce stand for display and sale of products produced on the same
premises (see note 3)
X
Tree farms X
Truck farms X
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Table A Number of Off-Street Parking Spaces Required
Use Number Of Off-Street Parking Spaces
Residential
Uses
Farmworker housing
complex, large
The number of required parking spaces shall be
determined by the city planner and shall be based
on the operating characteristics of a specific proposal, including, but not limited to, number of: 1)
employees, 2) beds and 3) service deliveries.
Farmworker housing
complex, small
One parking space for every four beds plus one
space for an on-site manager
SECTION XLVIII: Table A of Section 21.209.040 (CR-A/OS Cannon Road
Agricultural/Open Space Zone, Permitted primary and secondary uses) is proposed to be
amended to add in alphabetical order the following Primary agricultural use and renumbering of
the following footnote:
Table A Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
“P” indicates that the use is permitted. “CUP” indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process 2 = Planning Commission process
Agricultural Uses
Primary Agricultural Uses P CUP
Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for
production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use)
X
Agricultural-related educational, research and development facilities 1
Community farming
(example: individual citizens or community groups growing
agricultural crops)
X
Farmworker, housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X
Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations,
substations, gas metering/regulating stations or operating centers for
gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment
incidental thereto
X
Farmers market (sale of primarily agricultural products) 1
Floral trade center (wholesale or retail) 2
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Greenhouses X
Plant nurseries and supplies (retail) 1
Tree and seed growing farms X
Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California
Public Utilities Commission
X
Vineyards and wineries X
Secondary Agricultural Uses P CUP
Agricultural distribution facilities 2
Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the City Planner 1
Public/private events and activities (permanent or temporary) related
to promoting a primary permitted agricultural use (examples:
demonstrations, seasonal sales/temporary sales, special events, tours) (see note 1below)
X
Retail sales of agricultural crops and related products limited to a
cumulative area of 1,000 square feet or less
(examples: on- premise sale of crops to the public, produce store, “you pick” operations, sale of products made from crops)
X
Retail sales of agricultural crops and related products with a cumulative area of more than 1,000 square feet
(examples: on-premise sale of crops to the public, produce store, “you pick” operations, sale of products made from crops)
1
Open Space Uses
Primary Open Space Uses P CUP
Amphitheater 2
Aquarium 1
Art gallery 1
Civic and public gathering spaces
(examples: art display, gazebos, public plazas, sitting areas, water
features, wedding areas)
X
Community learning center (excluding “educational institution or school” as defined in Section
21.04.140)
1
Community meeting center
(excluding a city hall or civic center)
1
Cultural center 1
Dog park 1
Energy transmission and distribution facilities, including but not
limited to rights-of-way and pressure control or booster stations,
substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other
forms of energy sources, with the necessary accessory equipment incidental thereto
X
Gardens (public or private) (examples: botanical, rose, tea, and meditation gardens) 1
Habitat preserves and natural areas X
Historic center 1
Museum 1
Parks (public or private) 1
Performing arts center 2
Picnic areas 1
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Sports or recreation center
(public or private) (indoor or outdoor) (examples: athletic courts and fields, boys and girls club, lawn
bowling, swimming pools, tennis courts )
2
Trails
(examples: bicycle, exercise, equestrian, nature,
pedestrian)
X
Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California
Public Utilities Commission
X
Secondary Open Space Uses P CUP
Food service, including restaurants and cafes, limited to a cumulative
area of 500 square feet or less
X
Food service, including restaurants and cafes with a cumulative area
of more than 500 square feet
1
Other accessory or related uses that promote the continuation of a
primary permitted open space use
1
Public/private events and activities (permanent or temporary) related to promoting a primary permitted
open space use
(examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 1 below)
X
Retail sales of goods and products, related to a primary
permitted open space use, limited to a cumulative area of 500
square feet or less
X
Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet
1
Notes:
1. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales Location permits as appropriate.
SECTION XLIX: That the findings of the Housing Commission in Housing
Commission Resolution No. 2012-002 shall constitute the findings of the City Council.
SECTION XL: That the findings of the Planning Commission in Planning
Commission Resolution No. 6892 shall constitute the findings of the City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance
or a summary of the ordinance prepared by the City Attomey to be published at least once in a
newspaper of general circulation in the City of Carisbad within fifteen days after its adoption.
{Notwithstanding the preceding, this ordinance shall not be effective until approved by the
Califomia Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 25*^ day of September 2012, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 2nd day of October 2012, by the following vote, to wit:
AYES: Council Members Hall, Blackbum, Douglas, Packard
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL. City Attomey
ATTEST:
LORRAINE M. WOOD, City Cleri<
(SEAL)
4"/
Deputy Clerk S erry ger,
nty Times on the 28th day of September 2012.
Dated: September 28, 2012
...... ,
oRE A, (Seal)
:jZ
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NOS. CS 188_, 189, 190, 191
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance Nos. CS 188, CS-189, CS-190
and CS-191are to be considered at the City Council Meeting to
be held on the 25th day of September 2012.
2.) That a certified copy of the full text of Ordinance Nos. S 188, CS-189,
CS-190 and CS-191were posted in the City Clerk's Office on the 26th
of September 2012.
3.) That a summary of the Ordinance was published in the North
EISI GER, enior Deputy Clerk
Certification of Posting and Publication of Ordinance Nos. CS-188, 189,
190 191
Page 2
4.) That Ordinance Nos.CS-188, 189, 190 and 191 were adopted
on the 2nd day of October 2012.
5.) That a certified copy of the full text of Ordinance Nos.CS-188,
189, 190 and 191 showing the names of those who voted in
favor and against the Ordinance was posted in the City Clerk's
Office on the 4th day of October 12, 2012
6.) That a summary of the Ordinance, showing the names of those who voted
in favor of and against the Ordinance was published in the North County
Times, on the 7th day of October 2012.
Dated: October 4, 2012
(Seal) 1 I I 0
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