HomeMy WebLinkAbout1979-04-17; City Council; 5818; Aquaculture as a Permitted Use by CUPfl (Jf)
CITY OF CARLSBAD
Initial j\/\
AGENDA BILL NO: <3~&/ J? Dept. Hd. l$_
DATE: April 17, 1979 ^' Atty
Cty. Mgr.
DEPARTMENT: Planning
SUBJECT :
ZCA-106, AQUACULTURE AS A PERMITTED USE BY CUP
*
Statement of the Matter
On October 17, 1978, the City Council reviewed a request on behalf of
California Aquaculture Incorporated for a -sewer connection. Although
the request was not granted, the Council suggested that related planning -
matters for aquaculture such as appropriate zoning be resolved before
reconsideration for sewer connection.
Staff prepared an ordinance amendment that would permit aquaculture in
all zones by CUP. We recognized that this is a broad application of the
use because aquaculture can take many forms and could pose problems in
some areas. However, since there are many forms of aquaculture, possibly
including future methods not thought of yet, staff felt that the Code
amendment should allow for consideration and not try to distinguish
between various forms. Also particular land use zones are not feasible
because aquaculture must be placed at specific sites based on water ^-"
availability.
Staff is confident that the CUP process will be adequate to control adverse
effects on a site by site basis to insure compatibility with the surround-
ing properties.
Exhibits
P. C. Resolution No. 1504 with attached Exhibit "A"
Staff REport dated March 28, 1979
Memo from Planning Department dated January 2, 1979
Recommendation
If the City Council concurs with the Planning Commission it is recommended
that the City Attorney be directed to prepare documents approving ZCA-106
as per Planning Commission Resolution No. 1504.
Council Action:
BP;jd
4/2/79 4-17-79 Council directed the City Attorney to prepare the
necessary documents approving ZCA-106 as per Planning
Commission Resolution No. 1504.
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PLANNING COMMISSION RESOLUTION NO. 1504
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT TO TITLE 21, CHAPTER 21.42 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.42.010
TO ALLOW "AQUACULTURE" AS A PERMITTED USE IN ALL ZONES
WITH A CONDITIONAL USE PERMIT.
CASE NO:
APPLICANT:
ZCA-106
CITY OF CARLSBAD
WHEREAS, the Planning Commission of the City of Carlsbad
did hold a duly noticed public hearing on March 28, 1979, to
consider the subject amendment; and
WHEREAS, the Planning Commission received all testimony and
arguments, if any, of all persons who desired to be heard, and
upon hearing and considering all factors relating to Zone Code
Amendment-106, found the following facts to exist: -r
1. Aquaculture presently is not recognized by the Carlsbad
Zoning Ordinance.
2. The characteristics of aquaculture production are in many
respects similar to greenhouse agriculture, and should
therefore be treated in a similar manner.
3. The Conditional Use Permit process will ensure proper site
location, site design and regulation of any proposed aqua-
culture activity.
WHEREAS, the Planning Commission, by the following vote
recommended APPROVAL of ZCA-106, as follows:
That Title 21, Chapter 21.42, Section 21.42.010 of the
Carlsbad Municipal Code is amended by the addition of Subsection
(2), Paragraph (L), to read as follows:
-f
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"(L) Aquaculture - The cultivation of aquatic organisms
both in inland waters and in the open sea."
AYES: L'Heureux, Schick, Wrench, Marcus, Jose,
Larson
NOES: None
ABSTAIN: Rombotis
ABSENT: None
NOT, THEREFORE, BE IT HEREBY RESOLVED that the above
recitations are true and correct.
STEPHEN M. L'HEUREUX, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
ZCA-106
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STATE OF CALIFORNIA )
!OUNTY OF SAN DIEGO )
IITY OF CARLSBAD )SS
I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Coinmission of the City of Carlsbad at a regular meeting
of said Commission held on the llth day of April, 1979,
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
ZCA-106
-3-
STAFF REPORT
P.C. DATE:
DATE TYPED:
TO:
FROM:
CASE NO.:
APPLICANT:
REQUEST:
March 28, 1979
March 12, 1979
Planning Commission
Planning Department
ZCA 106, Aquaculture
City of Carlsbad
ZONE CODE AMENDMENT TO ALLOW AQUACULTURE AS A
PERMITTED USE IN ALL ZONES WITH A CONDITIONAL
USE PERMIT
Background
On February 14, 1979, the Planning Commission approved a Resolution
of Intention (No. 162) , to conduct a public hearing to consider
recommending to the City Council an amendment to Section 21.42.010
of the Carlsbad Zone Code pertaining to "Aquaculture" as a per-
mitted use in all zones with a Conditional Use Permit.
On October 17, 1978, the City Council reviewed a request on behalf
of California Aquaculture, Inc., for a sewer connection. Although
the request was not granted at that time, the Council suggested
that related planning matters, such as appropriate zoning, be
resolved before reconsideration for a sewer connection. Planning
staff has analyzed the situation and expressed their findings in
a memorandum to the City Manager dated January 2, 1979, (copy
attached).
Basically, the memorandum expresses staff's view that aquaculture,
which is presently unrecognized by the City Zoning Ordinance, be
treated much the same as greenhouse agriculture production. There-
fore, a proposal to conduct aquaculture ("the cultivation of aquatic
organisms both in inland waters and in the open sea") would require
a Conditional Use Permit, and could be properly regulated under
that procedure.
The proposed Zone Code Amendment Osee Exhibit "A", attached) will
add Section 21.42.010 (2) (L) to the Conditional Uses Chaper of
the Zone Code. It will allow "Aquaculture" as defined, as a per-
mitted use in any zone with a CUP. Due to the varied and diverse
nature of aquaculture operations, no particular developmental
regulations were included in the Code. Each aquaculture proposal
will be evaluated on its own merits, and for a specific site to
be identified at the time of CUP application. The controls
capable under the Conditional Use Permit process should be suffi-
cient to insure proper functioning of any aquaculture operation.
Recommendation
Staff recommends that ZCA-106 be APPROVED as set forth in
Exhibit "A", attached, for the following reasons:
1. Aquaculture presently is not recognized by the Carlsbad
Zoning Ordinance;
2. The characteristics of aquaculture production are in many
respects similar to greenhouse agriculture, and should
therefore be treated in a similar manner.
3. The Conditional Use Permit process will ensure proper site
location, site design and regulation of any proposed aqua-
culture activity.
Attachments
Memorandum from Planning Department to City Manager, dated 1/2/79
Exhibit "A" - sample ordinance
DA: jd
EXHIBIT "A"
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER
21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE AMEND-
MENT OF SECTION 21.42.010 TO ALLOW "AQUACULTURE"
AS A PERMITTED USE IN ALL ZONES WITH A CONDITIONAL
USE PERMIT
The City Council of the City of Carlsbad, California, does
ordain as follows:
That Title 21, Chapter 21.42, Section 21.42.010 of the
Carlsbad Municipal Code is amended by the addition of Subsection (2
Paragraph (L), to read as follows:
"(L) Aquaculture - The cultivation of aquatic organisms
both in inland waters and in the open sea."
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 day of , 1979, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council
held on the day of , 1979, by the following vote,
towit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
LEE RAUTENKRANZ, City Clerk
(Seal)
MEMORANDUM
DATE: January 2, 1979
TO: Paul Bussey, City Manager
FROM: Planning Department
SUBJECT: ZONING FOR AQUACULTURE
There has been an interest expressed in developing aquaculture
production on the shoreline of the outer lagoon of Agua Hedionda.
The Council has seen the proposal in the context of a request
for a sewer connection (October 17, 1978). Although the Council .
decided not to allocate sewer at that time, the reaction to the
concept seemed generally well received. Staff also considers
aquaculture a land use that is desirable and we recommend it be
provided for in the community.
Because the City zoning ordinance does not recognize aquaculture,
there is an underlying'hurdle that must be cleared prior to any
progress on the project. The Planning Department has been in
contact with the projects proponents and discussed the proposal
in somewhat broad terms. We have also researched aquaculture
as a land use and the requirements used by other jurisdictions
to accommodate the activity. For obvious reasons there are few
local governments who have the sites or circumstances to warrant
recognition of aquaculture as an anticipated land use. Most of
our information came from the State and Counties of Hawaii and
from the State of California Sea Grant Program.
Aquaculture is a very broad term and includes a great variety of
potential land use characteristics. An acceptable general defini-
tion is "the cultivation of aquatic organisms both in inland waters
and in the open sea". In considering the definition, it is evident
that many techniques could be employed to fit it. It is also
possible for aquaculture to be pursued on a variety of parcel, sizes
ranging from less than an acre to many acres.
According to a Sea Grant report, "Aquaculture is related to
terrestrial agriculture in the sense that it cannot be practiced
economically in random locations. A site for aquaculture must
have certain well-defined characteristics, the most important
being an ample and controlled supply of water of suitable temper-
ature, salinety, and fertility. It is also necessary that an
aquaculture enterprise, like an agricultural one, exercise control
over the site through direct ownership, lease or other means of
secure holding".
Because of the diverse possibilities for aquaculture development,
specific site development standards are virtually impossible to
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anticipate and establish. Aquaculture use may, like agriculture
in some cases, serve as an interim or transitional land use.
In staff's opinion, the characteristics of aquaculture production
are similar to agriculture production, especially greenhouse
production. Also because of special site requirements, aqua-
culture displays many of the same potential problems as recognized
conditional uses. Other jurisdictions that we are aware of regu-
late aquaculture with a process similar to the conditional use
permit. The conditional use permit process provides a method to
insure proper site location and site design to allow specific find-
ings of fact to be made. As you know, these required findings cover
project desirability, general plan consistency, impacts on surround-
ing land use, adequacy of parcel size/shape, yards and use separation,
and traffic generation. The conditional use permit process also
provides a method of regular monitoring of the use to insure con-
sistency with the findings and any conditions of approval.
Although the conditional use permit process is a good one under the
current circumstances, staff recognizes that many of the zones in
the Coastal Zone may be subject to change through the LCP process.
Through this process a specific zone that accommodates aquaculture
and other related uses may be developed.
Given the current structure of the zoning ordinance staff feels
the most effective way of accommodating aquaculture is to handle
it as we do greenhouse agriculture. We recommend the zoning ordin-
ance be amended to include aquaculture as a permitted use under
conditional uses in all zones. The appropriate section of Title 21
would be Chapter 21.42 Section 21.42.010(2), This amendment would
allow the Agua Hedionda proposal to proceed and also accommodate
possible future requests on a case by case basis. The Planning
Department is prepared to process a zone code amendment at the
direction of the City Council.
JCH:TH:jd
PLANNING COMMISSION MINUTES
March 28, 1979
Page Two (2)
B. ZCA-106, City of Carlsbad, Zone Code Amendment to allow
aquaculture as a permitted use in all zones with a Conditional
Use Permit.
Mr. Dave Abrams presented the staff report.
Commissioner Rombotis announced that he would not be
participating in discussion or voting on this item.
Mr. Dave Lapoda, consultant from San Diego indicated that
aquaculture cannot be successfully operated in many areas.
He noted that there must be an adequate, controlled source of
water having the appropriate temperature, salinity, and
ertility. He indicated that in order to assure proper control
.the land involved should be under direct ownership, lease or
other form of long term occupation agreement. Mr. Lapoda related
that there were three basic systems of aquaculture production
including transplantation without the benefit of hatcheries (least
intensive use); hatchery cultivation where organisms are hatched
prior to release into habitats; artificial enclosures (most
intensive use) and another type called the raft-culture system
involving the use of rafts, grids and cages.
THE ^UBLIC HEARING OPENED AT 7:15 P.M. AND CLOSED WITH NO PUBLIC '
TESTIMONY.
A motion was made recommending approval of ZCA-106 under the
terms and conditions as contained in the staff report dated
March 28, 1979.
APPROVED
MOTION: Jose •
SECOND: Wrench
AYES: L'Heureux, Schick, Wrench, Marcus, Jose,
Larson
NOES: None
ABSTAIN: Rombotis