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HomeMy WebLinkAbout1974-04-16; City Council; 3067; E-A (Exclusive Agriculture Zone)•THE CITY OF CARLSBAD, Agenda Bill No. Referred To: CALIFORNIA Pate.- April 16, 1974—— , ,__— Subject: E-A (Exclusive Agriculture) Zone Report by Planning Commission. Submitted By: PLANNING COMMISSI "Statetnent of the Matter ' ." - * < • * The Planning Commission, on April 9, 19>4,-was presented with a staff -report indicating the City 'Council's desire to establish a format for locating cattle, sheep, ^goats, etc within a given distance of a habitable structure on adjoining residential zoning. The staff indicated to the. Commission that 50 ft. within a habitable structure is consistent with other R-Zone provisions, and that 300 ft. within a residentially zoned parcel is an arbitrary distance. • Staff suggested the Commission consider Conditional Use Permit provisions for cattle sheep, etc., as well as the indicated provisions for animals currently being - used by the County Health Department and County Planning Department. Additionally, staff recommended several other alternatives for cattle, sheep and other animals outlined in Sections 21.07.040 (a) and (g).. • The Planning Commission is forwarding its recommendations for amendments to the Agriculture Zone as outlined in the attached report. Exhibit 1., Memorandum to City Manager dated April 11, 1974 Staff Recommendations Approve the changes-as outlined in the attached staff report. . A-B No.Date: April 16, 1974 City Manager's Recommendation Council Action of Section -2- April 11, 1974 TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: PLANNING COMMISSION REPORT ON E-A ZONE The Planning Commission was presented a report from the Planning Director, at their regular meeting of April 9} 1974. The report outlined recommended changes to the Agriculture Ordinances as indicated by the City Council; and suggested several other alternatives which would provide separation of cattle, sheep, goats and swine production from habitable structures. The report also addressed separation of poultry, rabbits, chinchillas, and hamsters for the same reason. After discussion by the Commission and staff, the following recommendation is being forwarded to the City Council for their approval: Section 21.07.020 (a) Cattle, sheep, goats and swine production, provided that the number of any one or combination of said animals shall not exceed one (1) animal per half acre of lot area. Said animals shall not be located within 50 ft. of any habitable structure; nor shall they be located within 300 ft. of a habitable structure^on an adjoining parcel zoned for residential uses; nor shall they be located within 100 ft. 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. Section 21.07.020 (g) Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than twenty-five of any one or combination thereof shall be kept within 50 ft./of any habitable structure ; nor shall they be located within 300 ft. of a habitable structure on an adjoining parcel zoned for residential uses; nor shall they be located within 100 ft. 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. The Planning Commission is in concurrence with the City Council's recommendation that Section 21.07.040 (e) be deleted, and Section 21.07.040 (h) be revised to read: Packing sheds or small processing plants for farm crops, similar to those being grown on the premises, provided no such processing plant is located within 50 ft. of any lot line. Planning staff recommends that the above stated Planning Commission recommendations be included as a part of the revised Agriculture Ordinance. 1 2 3 4 5 6 7 8 9 10 11 12 13 o 14 CO «,tn CO ** 1 15* 5 " 8'ftai 16 u: . 3< <t_ UJ ^ t^ DC *~ QU M i>- ° o D- 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 9384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.06.010 AND 21.06.020 AND BY THE ADDITION OF CHAPTER 21.07 TO ESTABLISH THE E-A EXCLUSIVE AGRICULTURAL ZONE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.06 is amended by the amendment of Sections 21.06.010 and 21.06.020 to read as follows: "21.06.010 Names of zones. In order to classify, regu- late, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, nineteen classes of zones are by this title established to be known as follows: E-A - Exclusive Agricultural Zone R-A - Residential Agricultural Zone R-l - One-family Residential Zone R-2 - Two-family Residential Zone R-3L - Limited Multiple-family Residential Zone R-3 - Multiple-family Residential Zone R-P - Residential-Professional Zone R-T - Residential Tourist Zone R-W - Residential Water Way Zone RD-M - Residential Density-Multiple Zone C-l - Neighborhood Commercial Zone C-2 - General Commercial Zone C-M - Heavy Commercial-Limited Industrial Zone F-P - Floodplain Overlay Zone M - Industrial Zone P-M - Planned Industrial Zone P-U - Public Utility Zone P-C - Planned Community Zone L-C - Limited Control Zone" "21.06.020 Degree of restrictiveness. 'More restrictive uses' as employed in this title mean the following: (1) Those uses first permitted in the R-l zone are the most restrictive; (2) All other uses are less restrictive in the order they are first permitted in the zones in the sequence shown R-2, R-3,R-T-, R-P, C-l, C-2, C-M and M; . (3) Uses permitted in the R-A zone and E-A zone shall be considered to be as restrictive as those permitted in the R-l zone, except that those uses pertaining to animals shall not be considered as 'more restrictive uses' for purposes of this section; (4) Uses permitted in the R-3L zone shall be considered to be as restrictive as those permitted in the R-l zone." SECTION 2; That Title 21 of the Municipal Code is amended o<eo CO z "J £o aIN <' o 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 29 30 31 32 by the addition of Chapter 21.07 to read as follows: "Chapter 21.07 E-A EXCLUSIVE AGRICULTURAL ZONE Sections; 21.07.010 Intent and purpose. 21.07.020 Permitted uses and structures. 21.07.030 Permitted accessory uses and structures. 21.07.040 Uses and structures permitted by conditional use permit. 21.07.050 Lot area, minimum. 21.07.060 Lot width, minimum. 21.07.070 Front yard. 21.07.080 Side yards. 21.07.090 Rear yard. 21.07.100 Building height. 21.07.110 Lot coverage. 21.07.010 Intent and purpose. The intent and purpose of the E-A zone district is to: (a) Provide for those uses, such as agriculture, which are customarily conducted in areas which are not yet appropriate or suited for urban development. (b) Protect and encourage agricultural uses wherever feasible. Implement the goals and objectives of the General Plan. (c) (d) Recognize that agricultural activities are a necessary part of the ongoing character of Carlsbad. (e) Help assure the continuation of a healthy, agricul- tural economy in appropriate areas of Carlsbad, 21.07.020 Permitted uses and structures. In the E-A Exclusive Agricultural Zone only the following uses and structures are permitted subject to the requirements of this chapter and to the development standards provided in Chapters 21.41 and 21.44. (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. Said animals shall not be located within 50 feet of any habitable structure, nor shall they be located within 300 feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within 100 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. (b) Crop production. (c) Floriculture. (d) Greenhouses, provided land coverage shall not exceed fifty percent. (e) Horses, private use. (f) Nursery crop production. (g) Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than twenty-five of any one or combination thereof shall be kept within 50 feet of any habitable structure, nor shall they be located within 300 feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within 100 feet of a parcel zoned for resi- dential 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. I QsCO cc <> •j_ (h) Roadside stand for display and sale of products produced on the same premises, provided that the floor area shall 2 not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway, 3 (i) Tree farms. (j) Truck farms. . 4 (k) Wildlife refuges and game preserves. (1) Other uses or enterprises similar to the above qustom- 5 arily carried on in the field of general agriculture. 5 Section 21.07.030 Permitted accessory uses and structures. The following accessory uses and structures are permitted on the 7 same terms as the permitted uses specified in Section 21.07.020: (a) Accessory uses and accessory buildings and structures, 8 including but not limited to private garages, children's play- houses, radio and television receiving antennaes, windmills, g silos, tank houses, shops, barns, offices, coops, lath houses, tables, pens, corrals, and other similar accessory uses and IQ structures required for the conduct of the permitted uses. (b) Dogs, cats and other domestic pets, provided not more 11 than four dogs or four cats older than six months or any combina- tion thereof shall be kept on any lot or parcel of land. 12 (c) Farmhouse, single-family dwelling. (d) Guesthouse. 13 (e) Home occupation. 14 Section 21.07.040 Uses and structures permitted by condi- tional use permit. Subject to the provisions of Chapter 21.50, 15 the following uses and structures are permitted by conditional use permit if adjoining land uses are transitional in nature: 16 (a) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, 17 park, 'R1 zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. 18 (b) Aviaries. (c) Poultry, rabbits, chinchillas, hamsters and other 19 small animals in excess of the number specified in Section 21.07.02 (d) Farm employee housing for persons working on site, 20 provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty 21 feet from any lot line. (e) Hay and feed stores. 22 (f) Nurseries, retail and wholesale. (g) Packing sheds or small processing plants for farm 23 crops, similar to those being grown on the premises, provided no such processing plant is located within 50 feet of any lot line. 24 (h) Public works projects. (i) Sanitary land-fills, temporary. 25 (j) Stables and riding academies, public, (k) Utility facilities. 26 Section 21.07.050 Lot area, minimum. The minimum required 27 area of a lot in the E-A zone district shall conform to the area expressed in acres of not less than the number following the zoning 28 symbol on the official zoning map, except that in no event shall a lot be created into less than ten acres in area. 29 Example: E-A-15 shall mean fifteen-acre minimum lot re- quired. 30 Section 21.07.060 Lot width, minimum. Every lot hereafter 31 created in the E-A zone shall maintain a minimum width at the rear line of the required front yard of not less than three hundred 32 feet. 3. Q2<n 32s!a o z% Itll IU z. <% 8 ouj 5 ^ <•^ b tt I s o 1 2 •Z\J 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 29 30 31 32 21.07.070 Front yard. • No building or structure, except as otherwise provided by this chapter, shall be erected or placed less than forty feet from the front lot line. 21.07.080 Side yards. Every lot and building site shall have a side yard on each side of the lot or building site, and each side yard, except as otherwise provided by this chapter, shall be not less than fifteen feet in width. 21.07.090 Rear yard. Every lot and building site, except as otherwise provided by this chapter, shall have a rear yard not less than twenty-five feet in depth, 21.07.100 Building height. No building uses for dwelling purposes, wherever located, and no building or structure used for other than dwelling purposes and located less than one hundred feet from any property line shall exceed two stories or thirty-five feet in height, whichever is the lesser. A building or structure used for other than dwelling purposes and located one hundred feet or more from any property line may exceed thirty-five feet in height pursuant to conditional use permit. 21.07.110 Lot coverage. Lot coverage with buildings and structures in the E-A zone district shall not exceed twenty-five percent of the total lot area." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of April , 1974, and thereafter PASSED AND ADOPTED at an adjourned regular meeting of said City Council held on the 9th day of May 1974, by the following vote, to wit: AYES: Councilman Frazee, Chase, McComas and Lewis. NOES: None ABSENT: None ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk By: NORA K. GARDINER, Deputy City Clerk (SEAL) - 4.