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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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "(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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 r 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