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HomeMy WebLinkAbout1980-02-19; City Council; 6171; Code amendment/Food processing plantsCITY OF CARLSBAD INITIAL /v> AGENDA BILL N.O. if } 7/ __ Dept. Hd. (K DATE: _ February 19. 1980 _ Cty. Atty. DEPARTMENT: J^aj™lng __ _ Cty. Mgr. SUBJECT: ZONE E-A ZONE TO PERMIT FOOD PROCESSING PLANTS BY CUP: ZCA-120 STATEMENT OF THE MATTER The E-A Zone permits by Conditional Use Permit packing sheds and small processing plants for farm crops. However, there is no definition of "small". Evidently larne processing plants would be permitted in M Zones. A problem in this regard has recently come to the City's attention when a property owner in an agricultural area suggested changing the zone of his property to industrial to permit a large processing plant. Although it may be appropriate to place the pro- cessing plant near the agricultural areas, there is no guaranteeing that the building would be used for agricultural processing since the building could be used for any use permitted in the industrialzone. . This code amendment would permit the construction of any size packing or processing plants in the E-A Zone by Conditional Use Permit'. The appropriateness of the individual requestwould.be determined at a .public hearing by the Conditional Use process. EXHIBITS . PC Resolution Mo. 1594, w/attached Exhibit "A" dated 12/14/79 Staff Report dated January 9, 1980 RECOMMENDATION It is recommended that the City Council direct the City Attorney to prepare documents APPROVING ZCA^120 as per Planning Commission Resolution No. 159Ti Coun c i 1 Action:..... "•"- ...... — " ........ i • 2-19-80 Council directed the City Attorney to prepare documents approving ZCA-120 to amend the Municipal Code to allow packing sheds and processing plants for farm crops. 1 PLANNING COMMISSION RESOLUTION HO. 1594 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTER 21.07, 4 . SECTION 21.07.040 BY THE ADDITION OF SUBSECTION (7) TO ALLOW PACKING SHEDS AND PROCESSING PLANTS 5 FOR FARM CROPS. X 6 APPLICANT: CITY OF CARLSBAD'"' CASE NO; ZCA-1207 : 8 WHEREAS, the Planning Commission of the City of Carlsbad i 9 did hold a duly noticed public hearing on January 9, 1980, to 10 consider the subject amendment; and 11 WHEREAS, the Planning Commission received all testimony and 12 arguments, if any, of all persons who desired to be heard, and 13 upon hearing and considering all factors relating to Zone Code 14 Amendment 120, found the following facts and reasons to exist: 15 1. A Zone Code Amendment is desirable: 16 a. To clarify the definition of what is "small"; 17 b. To permit agricultural processing of all levels within the agricultural zone; 18 c. To relieve pressure to zone agricultural lands to 19 industry. 20 2. The Zone Code Amendment is administrative in nature and would not result in any significant impacts to any 21 environmental resources. 22 3. All agricultural packing/processing plants would be subject to further environmental review through the Conditional 23 Use Permit process. At that time, conditions necessary to mitigate any potential adverse environmental impacts could 24 be applied on a project-by-project basis. 25 3. Uses permitted by this amendment would be consistent with the underlying zoning (exclusive agriculture). 26 WHEREAS, the Planning Commission, by the following vote, 27 - " recommended approval of ZCA-120, as per attached Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19, 21 22 23 24 25 26 27 28 dated December 14, 1980. AYES: Larson, Rombotis, Schick, Leeds, Marcus . NOES: None. ABSENT: Friestedt, Jose. NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing recitations are true and correct. EDWIN S. SCHICK, JR\A Chairman CARLSBAD PLANNING COMMISSION ATTEST: C. HAGAMAN, .Secretary 'CARLSBAD PLANNING/COMMISSION PC RESO #1594 -2- 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 ) COUNTY OF SAW DIEGO ) CITY OF CARLSBAD ) 3S If 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 Commission of the City of Carlsbad at a regular meeting of said Commission held on the 23rd day of January, 1980, by the following roll call vote: AYES: Schick, Rombotis, Marcus, Larson, Leeds, Jose and Friestedt NOES: None . ABSTAIN: None ABSENT: None ZCA-120 S C. HAGAMANrXSecretary RLSBAD PLANNING COMMISSION . X RESO #1594 -3- 15 Exhibit "A" December 14, 198p ORDINANCE NO. _ _ - AN ORDINANCE OF THE CITY COUNCIL OF .THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.07, SECTION 21.07,040 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SUBSECTION (7) TO ALLOW PACKING SHEDS AND PROCESSING PLANTS FOR FARM CROPS. __---- : — ~- -- The City Council of the City of Carlsbad, California, does 7 I ordain as follows: " . . 8 SECTION 1: That Title 21, Chapter 21.07, Section 21.07.040 of the Carlsbad Municipal Code is amended by the addition of Subsection (7) to read as follows: " (7) Packing sheds and processing plants for farm crops 12 similar to those being grown on the premises, provided no such 13 processing plant is located within. 50 feet of any lot. line." 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 T 7 least once in the Carlsbad Journal within fifteen days after T8* its adoption. 19 INTRODUCED AND FIRST READ at a regular meeting of the •Carlsbad City Council held on the _ day of _ ,1980 21 and thereafter 22 /// 23 24 /// 25 /// 26 87 /// PASSED AND ADOPTED at a regular meeting of said City Council held on the . day of ' ' ' ' ' ; / .1980 by the 3 following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT:- 7 8 RONALD C. PACKARD, Mayor 10 ATTEST: 11 12 ALETHA L. RAUTENKRANZ, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- STAFF REPORT DATE: January 9, 1980 TO: Planning Commission FROM: ' Planning Department SUBJECT: FOOD PROCESSING PLANTS, E-A ZONE, ZCA-120 During aVecent request for the City Council to consider an agricultural packing or processing plant in the E-A Zone, a possible problem within the zone code was brought to the Citys' attention. The E-A Zone indicates that the processing plant is to be "small", but there is no definition or limits placed on "small". In addition to the terminology confusion, the code does not indicate where to place "large" processing plants. Large processing plants are generally in M Zones, but permitting processing plants in the M Zones could promote a desire for industrial zones in agricultural areas. If the agriculture in the area was reduced there would be a demand to use these plants for other uses permitted in the M Zone. Removing the term "small"" from processing plants'would do the following: 1) Resolve the issue of what is "small"; 2) Permit agricultural processing of all levels within the agricultural zone. 3) Relieve pressure to zone agricultural lands to industry. This ordinance, amendment would be to Section 21.07.040, Subsection(7), which would state "Packing sheds and processing plants for farm crops similar to those being grown on the premises, provided no such processing plant is located within 50 feet of any lot line." It is recommended that the Planning Commission APPROVE ZCA-120 as per Exhibit "A" dated December 14, 1979, for the following reasons: 1. A Zone Code Amendment is desirable: a) To clarify the definition of what is "small"; . b) To permit agricultural processing of all levels within the agricultural zone; c) To relieve pressure to zone agricultural lands to industry. 2. The Zone Code Amendment is administrative in nature and would not result in any significant impacts to any environmental resources. 3. All agricultural packing/processing plants would be subject to further environmental review through the Conditional Use Permit process. At that time, conditions necessary to mitigate any potential adverse environmental impacts could be applied on a project-by-project basis. 3.. Uses permitted by this amendment would be consistent with the underlying zoning (exclusive agriculture). Attachment Exhibit "A" dated December 14, 1979 BP:ar Exhibit "A" December 14, 198p 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER5 21.07, SECTION 21.07,040 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SUBSECTION (7) TO ALLOW4 PACKING SHEDS AND PROCESSING PLANTS FOR FARM CROPS.o : ~~—~~ 6 The City Council of the City of Carlsbad, California, does 7 ordain as follows: 8 SECTION 1: That Title 21, Chapter 21.07, Section 21.07.040 9 of the Carlsbad Municipal Code is amended by the addition of Subsection (7) to read as follows: 11 "(7) Packing sheds and processing plants for farm crops 12 similar to those being grown on the premises, provided no such 13 processing plant is located within 50 feet of any lot line." EFFECTIVE DATE: This ordinance shall .be effective thirty 15 days after its adoption, and the City Clerk shall certify to "I /!* the adoption of this ordinance and cause it to be published at 17 least once in the Carlsbad Journal within fifteen days after "I O"*• its adoption. •I QA INTRODUCED AND FIRST READ at a regular meeting of the on Carlsbad City Council held on the day of ,1980 PI*A and thereafter 22 /// ' • 23 /// 24 /// 25 /// . - 26 /// 27 /// 28 /// PASSED AND ADOPTED at a regular meeting- of said City Council held on the day of ' ' _, 1980 by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: 1 2 3 4 5 6 7 8 9 10 11 12 ALETHA L. RAUTENKRANZ, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii -2- RONALD C. PACKARD, Mayor