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HomeMy WebLinkAbout1981-10-13; City Council; 6770; Agricultural Advisory Committee Recommended Agricultural ProgramCITE OF CARLSBAD - AGENDti GILL AB#7� TITLE: AGRICULTURAL ADVISORY COMMITTEE'S DEPT. HD..4a RECOMMENDED AGRICULTURAL PROGRAM MTG. CITY ATTYA 10 DEPT. PL CITY MG a RECOMMENDED ACTION: ci Both staff and the Agricultural Advisory Committee recommend that $4 this program be APPROVED in concept and that staff be directed to initiate the formal process of approval. ITEM EXPLANATION: 0 In December of 1980 the City Council formed the Agricultural Advisory Committee. The Committee was given one year to develop a viable agricultural program for the city of Carlsbad. The draft program is presented to the Council for their review and discussion. After Council input, it is proposed that the program be routed through the established Planning Commission and City Council boar=ng process concurrent with environmental review. ENVIRONMENTAL REVIEW Environmental review will begin during the approval process. 9 FISCAL -IMPACT: a� There will be minor increased costs to the city resulting from d the additional staff time needed to present projects with suitable soils to the Agricultural Review Board. EXHIBITS: b 0 0 1) Agricultural Advisory Committee's Recommended Program w C.M. NOTE: Council should seriously question the purpose, administration, and practical effect of this policy. w Why do we want to preserve agriculture in this urban area? co M O r-1 2 O 1- ci Q J U Z 0 O V MEMORANDUM DATE: October 13, 1981 TO: Mayor Packard and City Council Members FROM: Agricultural Advisory Committee SUBJECT: AGRICULTURAL PROGRAM The City Council formed the Agricultural Advisory Committee in December 1980. The Committee's primary responsibility was to recommend an agriculture program which would be acceptable to the City, the Coastal Commission and the local farming community. The Committee agreed upon an outliner to hricultural Cal oastal. The City Council presented this prop Commission in March 1981. The Regional Commission approved the Carlsbad and a similar one presented by program for the city of the County of San Diego for the San Dieguito area. Both the City's and the County's agricultural programs werejected on the State Coastal Commied by ssion in June 1981. A program the transfer Coastal development rights was approved but was not or the farming community. acceptable to the City The Agricultural Committee believes that there is a need to implement the original program they recommended on a city-wide basis. By doing this, three purposes will be accomplished. They are: 1) Address the Local Coastal Plan. The possibility of a success ul change to the State Coastal Commission agri- cultural plan would be increased. Carlsbad could prove that its agricultural program was city-wide and was supparted by the City, the Regional Coastal Commission and by the local farming community. 2) Satisfe Requirements of LAFCO. Carlsbadthe mustnhave an islands within the City to annex, agricultural program. LAFCO (Local Agency For atibefore on Commission) must approve the agricultural prop ramannexation takes place. 3) Maintain a Viable Agricultural Econom . This agricultural program is intended to provide a unified, city-wide method of ensuring the most viable agricultural economy. There would exist one set of standards for the entire city. Also the lands best L suited for agriculture would be preserved thus providing the best conditions for production. An additional benefit would be the retention of Carlsbad's unique character and identify which is partially the result of its open space and agriculture. The Committee and City staff have designed a three -step imple- mentation process for the agricultural program. The steps are as follows and are explained more fully in the accompanying sections: 1) General Plan Amendment 2) City County Policy Statement 3) Zoning Ordinance Amendment 3 S7 I. GENERAL PLAN AMENDMENT y consistency General Plan agricultural policies. lC .ng both would ensure among all the elements. The purpose of amending the is to state the general goals and policies of the program within the context of other City goals and Staff would process this amendment like all other GPAs. It would be scheduled at the next available General Plan Amendment hearing and would be required to have environmental review. The amend- ments to the Land Use Element are as follows: 1) Goal C now states: "Promote the economic viability of the agricultural and horticultural industries." This Goal would be amended to read: "Promote the economic viability of the agricultural and horticultural industries by concentrating agriculture on land with suitable soils and by encouraging development on ?and with less suitable soils. Suitable soils are defined as Class I,II or III based on the United States Department of Agriculture soil survey. 2) A new policy M would be added and would state: "Require all owners of land with suitable soils to participate in the agricultural program while encouraging owners with land of less suitable soil to voluntarily participate." 3) A new progam would be added to Implementation (page 15- 16) to describe the agricultural program. It would state: "(f) Agricultural Program The Zoning Ordinance shall be amended to state that if an owner has land with a significant amount of Class I, II or III soils, as defined by the United States Depart- ment of Agriculture, he must participate in the agricul- tural program. Also, land meeting this criteria shall concentrate 100% of their development potential on the portion of their land not having the suitable soils. All plans proposed for such land shall be reviewed by an Agricultural Review Board prior to regular processing. !II K That land which is not developed will be encumbered by an offer by the applicant to dedicate an open space easement to the City. Maintenance of the easement will be the responsibility of the project applicant. Efforts will be made to consolidate all the easements of adjoining areas into a contiguous agricultural area. The City Council shall develop guidelines for offering the applicant flexibility in development standards. 4) Finally, in the open Space Element under Agricultural Lands (page 12), number 4 would be eliminated and the following substituted: "4) Class I, II and III soils will be preserved through participation in the agricultural program as described in the Land Use Element." 6 II. CITY COUNCIL POLICY STATEMENT A policy will be recommended for adoption by the City Counil to unify all parts of the agricultural program. The policy will provide a concise statement of the objectives of the program in a form readily available to the public. The policy shall state: Purpose To establish a policy that will preserve the unique character of Carlsbad's agricultural economy; to preserve the best natural re- sources; and to encourage agriculture by all feasible means. Background Tra ally ad its dmildncoastalrclimateaandauniquerlandong aforms. Frallo economy due to vegetables can be grown all year and shi Flowers, fruits and country. For example, the north count peed to the rest of the Produced 16% of the nation's tomato crop of San Diego has farmland. p on 3$ of the available However, as the City develops and more pressure is brought to bear upon what was once productive farmland, a special policy must be implemented by the City Council. One purpose of this policy is to preserve the best agricultural soils. This is necessary, according to the Agricultural Advisory Committee, to preserve the most crucial of all the natural resources necessary for continued agriculture. Preservation is needed as local agriculture shifts from an export business to a local business producing goods for the local market. Procedures for A riculture Program The City shall require all owners of land comprised of a significant amount of Class I, II or III soils, USDA, to concentrate up to 1as defined by the is of the development potential on the Of their property which is less suitable for a agriculture. 50% The development potential shall be calculated on the entire acreage. The The remaining one-half of the easement and shall be made availabletforhall agriculturalbactivitesn Property owners shall concentrate such easements to form contiguous agricultural areas. All other land owners are encouraged to participate in this program. The City shall offer some flexibility in development standards for all lands participating in the Agricultural Program. The City Council shall adopt appropriate ordinances to establish guidelines for allowing flexibility in the standards. 3 a 4 5 6 7 8 9 10 11 0 12 a m � 0 13 'V w 000'z 14 _cc mF<� U 15 5 J M} uJiU zzss 16 U z 0 m 17 F J ' Q Q 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, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.63 RELATING TO AGRICULTURAL OPERATIONS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.63 to read as follows: "Chapter-21.63 AGRICULTURAL OPERATIONS Sections: 21.63.010 Declaration of purpose. 21.63.020 21.63030 Agricultural operations not nuisances. Subsequent use. 21.63:040 Application of chapter. 21.63.050 21.63.060 Agricultural development permit required. Application for agricultural development permit. 21.63.070 Exceptions. 21.63.080 Planning Director duties. 21.63.090 Agricultural Review Body duties. 21.63.100 Effective date of ordee, time for appeal, appeal. 21.63.110 21.63.120 Transmittal to the Planning Commission. Development standards. 21.63.130 Modification of development standards. 21.63.140 Consideration for agricultural development permit. 21.63.150 Permitted uses within land subject to agricultural easement. 21.63.160 Uses permitted by conditional use permit. policy of 21.63.010 Declaration of purpose. It is the declared Ot Car sbad the City encourage the development to conserve, protect and and improvement of agricultural lands for the production order to insure of foods and other agricultural products. In continued economic feasibility of agricultural C/ 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operations, it is necessary to offer certain protections to agricultural operations. The City Council has found that agricultural operations are faced with'increased urbanization and the inability to raise necessary financing if land is designated for a permanent agricultural operation. Therefore, it is the intent of the City Council in adopting this chapter to protect agricultural operations from urban encroachment and to assure agricultural operators that use of land for agricultural purposes shall not preclude the use of the land for other purposes in the future. In addition, the City Council declares that it is necessary to provide a method of permanently protecting a certain portion of agricultural land for agricultural use by requiring the dedication of agricultural easements. 21.63.020 Agricultural operations not nuisances. No agricultural operation or any of its appurtenances shall become or be declared a nuisance, public or private, by any change in conditions in or about the locality thereof, provided that: (a) The agricultural use has been maintained on the property for more than one year; (b) The agricultural operation is conducted in a reasonable fashion and does not have a substantial adverse effect on the public health and safety; (c) The land upon which the agricultural operation is conducted is appropriately zoned for such operation and the operation is conducted in a manner that is consistent with the zone. (d) The agricultural operation is conducted in a manner that is consistent with any state law regulating any aspect of agricultural operation and the agricultural operation is not conducted in an unreasonable, negligent or improper manner. For the purposes of this section agricultural operation includes, without limitation, any agricultural use allowed by this title provided, however, that nothing in this section shall authorize an agricultural use in any zone except as permitted by the provisions of that zone. This section shall not affect or defeat the right of any person to recover damages for any injury caused or resulting from any agricultural operation. 21.63.030 Subsequent use. Except under an agricultural development permit, issued pursuant to this chapter, use of land for agricultural operations shall not preclude other future uses of the property or create a presumption that continued agricultural operations are feasible. Agricultural operations instituted or continued after the issuance of a discretionary permit for use of property for other than agricultural operations shall not preclude development of the project pursuant to such permit or preclude issuance of subsequent permits in pursuit of the development. 21.63.040 Application of chapter. Compliance with the provisions of sections 21.63.050 through 2.1.63.160 inclusive, shall be mandatory for all property, other than that zoned industrial and commercial, comprised of a significant amount of: Class I, II or III soils, as defined by the United States 2. R a a J O � O �U oU cc zz m>-<<o U < ti < w U < Z O y 'a < } U F• U 9 10 11, 12 13 14 15 16 17 18' 19� 20 21 22 23 24 25 26 27 28 Department of Agriculture. An owner of any other land may utilize the provisions of this chapter. 21.63.050 Agricultural development permit required. All lat;downers with properties containing Class I, II or III soils shall make application to the Agricultural Review Board for an agricultural development permit prior to any request for entitlements or discretionary approvals. ho decision -making body shall take action to authorize any entitlements without a valid agricultural development permit approved for the property. Other developments utilizing the provisions of this chapter shall also obtain an agricultural development permit. 21.63.060 Application for agricultural development permit. (a) Application for an Agricultural Development Permit sh 11 b a e made in accordance with the procedures set forth in this Chapter. (b) An application for an Agricultural Development Permit may be nade by the record owner or owners of the property on which the project is proposed. The application, after payment of required fees, shall be filed with the Planning Director. (c) Applications shall be filed upon forms provided by the Planning Director and shall be accompanied by plans in sufficient detail to allow review pursuant to this Chapter, a legal description of the property involved and an explanation and description of the proposed project. The Planning Director shall prescribe the form and content for such applications. (d) The application shall be accompanied by drawings indicating the site plan of the proposed development. The site plan shall indicate topography and the portion of the property to be reserved for agricultural purposes. (e) 'The City Council shall, by resolution, establish an appropriate fee schedule for permits and appeals. 21.63.070 Exceptions. from the processing requirements (1) The following underlying zone: (a) The following are exempted of this chapter: uses, if permitted by the (A) One single-family residential structure may be constructed or enlarged on any residentially zoned lot where no new lots are created; (B) Office buildings;. (C) Accessory uses to agricultural operations, as permitted by this chapter; (2) The following areas: (A) The infill area, as shown on Exhibit X; (B) Properties with soils deemed not appropriate for agriculture by the Agricultural Review Board. (b) The Agricultural Review Hoard shall have the authority to grant special exemptions from this chapter for any property which, for agricultural reasons, does not meet the 3. L 1 intent or purpose of this chapter or for any use which does not preclude the fulfillment of the intent.of this chapter. when 2 granting a special exception, the Board shall make special findings based on the evidence supporting the exception. If an 3 application for exemption is denied, the project shall require an agricultural development permit. 4 21.63.080 Planninq Director duties. If the planning 5 director determines that the application contains all of the items required by this chapter, he shall set the matter for 6 public hearing before the agricultural review board on a practicable date. The hearing shall be noticed in accordance 7 with the provisions of Section 21.54.060(1) of this code. 8 21.63.090 Agricultural Review Board duties. (a ) The Agricultural Review B8ard shall ear and consi er t e application 9 for an agricultural development permit, shall prepare a report and recommendation for the Planning Commission for projects 10 requiring other discretionary approval, or for all other projects, grant, conditionally grant or deny the permit. The 11 report or approval shall include recommendations and findings on all matters set forth in Sections 21.63.120 and 21.63.140. A 12 copy of the report shall be filed with the planning director and shall be mailed to the applicant at the address shown on the 13 application not later than seven days following the rendering of the decision. 14 (b) The Agricultural Review Board shall hear and consider applications for exemption from the requirements of this 15 chapter and shall, after making findings on the matters stated in Section 21.63.070, grant or deny the exemption. 16 21.63.100 Effective date of order, time for appeal, 17 appeal. (a) The order —of-the Agricultural Review Board, granting or denying an exemption, shall become final and 18 effective fifteen days after the date of its decision unless within such fifteen day period an appeal in writing is filed with 19 the City Council by either an applicant or opponent. The filing of such appeal, within such time limit, shall stay the effective 20 date of the order of the Agricultural Review Board until such time as the City Council has acted on the appeal as hereafter set 21 forth in this title. The determination of the City Council shall be final. 22 (b) Upon receipt of a written appeal filed with the City Council by the applicant or opponent, as provided in this N3 chapter, the clerk of the City Council shall advise the Planning Director who shall transmit to said clerk of the City Council the 24 complete record of the case. (c) Within thirty days following the receipt of the 25 written appeal the City Council shall conduct a public hearing, public notice of which shall be given as provided in 26 Chapter 21.54. (d) The City Council may grant or deny the exemption. 27 Any action by the City Council shall be final and conclusive. (e) For projects which do not require other 28 discretionary approval, the decision of the Agricultural Review 4. `I Board regarding an agricultural review permit may be appealed to the City Council as provided in this section. The Council may 2 grant, deny or modify the agricultural development permit subject to such conditions as it may impose. 21.63.110 Transmittal to the planning commission. 4 (a) For all developments requiring discretionary action by the Planning Commission, the Planning Director shall transmit 5 the application, together with his recommendation and the recommendation of the Agricultural Review Board, to the Planning 6 Commission when all necessary reports and processing have been completed. No application for discretionary action by the 7 Planning Commission shall be lccepted for lands containing Class I, II or III soils without a report and recommendation regarding 8 the agricultural development permit for the project. When an application is relative to another discretionary permit, it may 9 be considered by the Planning Commission concurrent with their consideration of the discretionary permit. 10 (b) When the Planning Commission is the final decision - making body under this title for a project it shall, after a 11 public hearing, grant, conditionally grant or deny the agricultural development permit. The decision of the Planning 12 Commission may be appealed to the City Council as provided in Section 21.63.100 of this chapter. 13 (c) In all other cases, the Planning Commission shall prepare a report and recommendation to the City Council on the 14 agricultural development permit. The Planning Commission shall follow the report and recommendation of the Agricultural Review 15 Board unless it makes specific findings stating reasons fcr not doing so. When making a report to the City Council, Plarning 16 Commission may adopt the report and recommendation of the Agricultural Review Board as its own. 17 21.63.120 Development standards. Properties developed 18 pursuant to an agricultural development permit shall be subject to the following provisions: 19 (1) The applicant shall offer for dedication to the city an open space easement for that portion of the subject 20 property with soils suitable for agriculture, as determined by the Agricultural Review Board. This agricultural easement shall 21 encompass no more than fifty percent of the subject property. The city shall have no responsibility to maintain, improve or 22 farm the land subject to the easement. (2) Subject to the requirements of Titles 19, 20 and 21 23 of this code, properties complying with the processing requirements of this chapter shall be allowed to the density of 24 the underlying zone for the entire property. Potential density of a project shall be calculated based on the entire property but 25 development shall be concentrated on that portion of the property unencumbered by the open space easement. 26 (3) When feasible, the open space easements shall be located so that the largest possible agricultural area is 27 preserved. 28 5. is 10 11 12 13 14 15 16 3.7 28 1.9 2 21 22 23 24 25 261 27 0*1 I by ason (4) Should an agricultural eas,"ment remain unused and City eshallohavecthefright, but Cnotetheeobligation Public nuisance, the 2 the property at the expense of the property owner., to maintain (5) The design of the development shall be compatible 3 with the agricultural use of that portion of the property Subject to the agricultural easement. The desig l development shall take into consideration Prevai n of the fertilizer and insecticide usage and application ling winds, i other aspects of agricultural operations. 21.63.130 Modification of development standards. (a) In order to make uhe design of the development compatible with the agricultural use of the property, the Planning Commission or City Council, when, approving a project subject to this chapter, may modify the following development standards otherwise applicable to the property: structures shall )meetlthe:requirThe ementtofdthelunderl buildings and except greater heights may be permitted if the Planning zone, Commission or City Council finds that increased height will benefit the project, will be compatible to the surrounding development and area, not unduly block the view from surrounding properties or scenic highways and will not interfere with agricultural operation. lot co ot shall be compatiblebwithotheageintended use,nithedterrain,eandethe surrounding land uses as determined by the Planning Commission. In no instance shall the coverage exceed eighty percent of the b+-'ildable land area. Buildable land area shall not include Property subject to the agricultural easement. etbacks requirements may) besestablishedpecial which areldinbasedsonbdesigor n andd relation of buildings to each other and to topography. However, all structures shall be setback from'the right-of-way of a public or private street at least ten feet. (b) The Planning Commission or City Council may grant such modifications only if it finds that: (1) The proposed use or modification at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well- being of the neighborhood and the community. (2). Such modifications will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. of theadversely affect)andhwillabelconsistentmwithltileifclon genewill not ral plan for the city, applicable specific plans, and the adopted plans of any governmental agency. (4) The modifications are necessary to accommodate the agricultural use of the property subject to the easement. additional (c) Subject of the provisions of this section, Y, as Permitted by Chapters 21.45 and 6. 21.47 of this code, be granted if the project is processed 1 according to the provisions of those Chapters 21.45 and 21.47 of this code. 2 21.63.140 Considerations for agricultural development 3 permit. The following factors shall be considered by any decision -making body approving, denying or conditionally 4 approving an agricultural development permit: (1) Concentration of agricultural easements; 5 (2) Access to the land; (3) Provision of suitable soils for agriculture; 6 (4) Availability of water and fertilizer; (5) Suitability of the property for agricultural 7 purposes; e.g., terrain, climate; (6) Provision of suitable buffers between 8 agricultural easements and other developments (walls, fences, open areas, roads); 9 (7) Compatibility with all surrounding potential and existing land uses. 10 21.63.150 Permitted uses_ within land subject,to 11 agricultura easement. Within an established agricultural easement, only the following uses and structures are permitted: 12 (1) Storage shed less than four hundred square feet; 13 (2) Crop production; (3) Floriculture; 14 (4) Greenhouses less than two thousand square feet; 15 (5) Nursery crop production; (6) One horse for each ten thousand square feet in 16 the easement provided; however, that any such horse may be kept only if it is fenced and stabled so that at no time is it able to 17 graze, stray or roam closer that fifty feet to any bi.ilding used for human habitation, other than buildings on the lct or lots, 18 and as to those buildings, no closer than forty feet; (7) Roadside stands for display and sale of 19 products produced on the same premises, provided that the floor area shall not exceed two hundred square feet and is located not 20 nearer than twenty feet to any street or highway; (8) Tree farms; 21 (9) Truck farms; (10) Other uses or enterprises similar to the above 22 customarily carried on in the occupation of general agriculture. 23 21.63.160 Uses permitted by conditional use permit. (a) Subject to the provisions of chapters 21.42 and 24 21.50, the following uses are permitted by conditional use permit: 25I(1) Cattle, sheep, goats and swine production, provided that the number of any one or combination of said 26 animals shall not exceed one animal per half acre of lot area. Said animals shall not be located within fifty feet of any 27 habitable structure, now shall they be located within three hundred feet of a habitable structure on an adjoining parcel 28 zoned for residental uses, no5.shall they be located within one L 1 2 3 4 5 6 7 8 9 10, 11 0 12 4 J `° 13 000' z7 14 W s <L 15 tl V 1 J Wzo 16 zo^N >Q a 17 � U H 18 19 20 21 22 23 24 25 26 27 28 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) Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than twenty-five of any or combination thereof shall be kept within fifty feet of any habitable structure, 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) Wildlife refuges and games preserves; feet; (4) Packing sheds in excess of four hundred square (5) Labor housing; (6) Other uses or enterprises similar to the above customarily carried on in the field of agriculture. (b) Prior to approval of a conditional use permit for a use listed in Subsection (a), the Agricultural Review Board shall review the request and make a recommendation thereon tv the Planning Commission." 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 City Council held on the day of , 1981, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1981, by the M a. 1 2 3 4. 5 6 7 8 9 10 11 c 12 to °° 13 J 8 � U � A c°Jo'z 14 �a °L4 15 co QjQ U: • w U WZ8Q 16 zoom >Q Q 17 U 18 19 20 21 22 23 24 251 26 27 28 following vote, to wit: AXES: NOES: ABSENT: RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 9. m li 1 2 3 4 5" -r 9 10 11 12 13 14 15 16 17 18 19 20 211 22' 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALi.FORNIA, AMENDING TITLE 2, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 2.26 ESTABLISHING AN AGRICULTURAL REVIEW BOARD. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 2 of the Carlsbad Municipal Code is amended by the addition of Chapter 2.26 to read as follows: Section: "Chapter 2.26 AGRICUL U'RAL REVIEW BOARD 2.26.010 Establishment of the Agricultural Review Board. 2.26.020 Regular and adjourned meetings. 2.26.030 Duties of the Agricultural Review Board. 2.26.010 Establishment of the A ricultural Review Board. An Agricultural Review Boar is hereby esta lis ed to consist of five members to be appointed by the Mayor, with consent of the City Council. A Planning Commissioner appointed by the Planning Commission, the Planning Director and the City Attorney shall be ex officio members of the Agricultural Review Board. No ex officio member shall be entitled to vote. The first board members shall be appointed so that one shall serve for a term to expire in one year, two shall serve for terms to expire in one year and six months and two shall serve for terms to expire in two years. At the expiration of each of the terms so provided, a successor shall be appointed for a term of two years. The Agricultural Review Board shall adopt rules of procedure and shall select a chairperson from among its members who shall act as presiding officer. Vacancies on the Agricultural Review Board, other than by expiration of term, shall be filled by appointment by the Mayor, with consent of the City Council, for the unexpired portion of the term. Each member shall serve until reappointed or a successor is appointed and qualified. A majority vote of the City Council shall be required to appoint or remove a member of the Agricultural Review Board. 0 mq N O J O oo'z o>0 F} W U z C Q zO a i F cc 4 U } F V 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 Members of the Agricultural Review Board shall be residents of the city and shall be knowledgable in the field of agriculture. The representative Planning Commission member of the Agricultural Review Board shall act as liaison between the Agricultural Review Board and the Planning Commission. No otter person shall be appointed to the board who holds any salaried office, employment or appointive position with this city. 2.26.020 Regular and adjourned meetings. A regular meeting shall be held at least once a month, at —a time and place that the Agricultural Review Board may, by rule, specify. The Agricultural Review Board may, by rule, establish regular meeting times more frequent than once a month. Any meeting held pursuant to rule of the Agricultural Review Board, or any special meeting advertised as a public hearing, shall be deemed a regular meeting. The Board may adjourn any regular meeting from time to time to meet at a time and place specified at the regular meeting and any such adjourned meeting shall be deemed to be a regular meeting. 2.26.030 Duties of the Agricultural Review Board. The Agricultural Review Board shall determine the order of business of its meetings. A majority of the members of the Board shall constitute a quorum for the transaction of business. The Board, as provided by this chapter, shall determine exemptions, grant Agricultural Development Permits and act in an advisory capacity to the Planning Commission and City Council regarding agricultural matters for developments to which the provisions of this chapter apply." 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 City Council held on the day of , 1981, 2. 01 2 3 4 5 6 7 8 9 10 11 0 12 C 13 J n O C rn z 14 a °'aLL 15' WZ8Q 16 5t^ 17 a a U 18 19 20 21 22 23 24 25 26 27 2E and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the _ day of , 1981, by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: RONALD C. PACKARD, Mayor ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 8. OCEANSIDE PACIFIC OCEAN EXHIBIT X HWY 78 i I LAKE p� CALAVERA 1 1 Good I SCALE I 1 CITY OF CARLSBAD 1 I SQUIRES DAM ,AM,NO RFq, OAK LAKE j NDA it-_...✓ J /8- DEVELOPMENTAL SERVICES Q Assistant City Manager (714) 438.5596 • Building Department (714)438.5525 • Engineering Department (714) 438.5541 O Housing & A -development Department (714) 438.58' I • Planning Department (714) 438.59.91 October 5, 1981 e,. Cap of Cl Arlgbab Frank Aleshire, City Manager 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Aleshire: 1200 ELM AVENUE CARLSBAD, CALIFORNIA 122COB During the nine months that the Carlsbad Agricultural Advisory Committee has been in operation, the Agricultural Subsidy Program as mandated by the Carlsbad Local Coastal Plan has been discussed many times. There is no question in my mind, and in those of the other diverse agricultural interests who served on the Carlsbad Agricultural Advisory Committee, that the preservation program mandated by the Local Coastal Plan is a disaster for agriculture in the short and long terms. The Agricultural Subsidy Progra-m completely fails to recognize: 1) the uniqueness of local agriculture; 2) the historical and future forms of local agricultures; and 3) the fundamental resources necessary to support profitable food production. If local agriculture is to have any possible chance of long-term survival, it must operate on preferred soils which, in our case, is Class III or better. These soils provide a higher probability of pruatio °andrs farmers in what is eonsistently produce 20r30%yhigher fragile economic Si yields. The Agricultural subsidy program as mandated by the Local Coastal Plan is based on the preservation of Class IV and poorer soils. The false inducement of a subsidy fund or agricultural improvement fund cannot hide these basic facts. Class III soils or better are the only resources which can encourage agricultural survival in the future. For the purposes of encouraging agriculture in the future, it is imperative that Malit soils be preserved, not quantity of acres. Mr. Frank Aleshire October 5, 1981 Page 2 The Agricultural Advisory Committee has, therefore, developed an agricultural program, based on the preservation of Class III or better soils. We believe this program offers the best chance for the survival of agriculture. This program will be presented to the City Council at the October 13th meeting. Our comments on the proposal by the State Coastal Conservancy are identical to our comments on the Local Coastal Plan. No meaningful short or long term goal on the behalf of agriculture can be accomplished by the Agricultural Subsidy Program. The Agricultural Advisory Committee will not support this program. Thank you for the opportunity to comment on the letter from the State Coastal Conservancy. We would appreciate it if you would ensure that copies of this letter are distributed to the City Council before the October 13th meeting. Sincerely, PETER. G. MACKAUF, Chairman Carlsbad Agricultural Advisory Committee PGM:JC:ms L AGRICULTURAL ADVISORY COMMITTEE Eric Larson 1355 Forest Avenue Carlsbad, CA 92008 Victor Kato 2004 Subida Terrace Carlsbad, CA 92008 Ben Hillebrecht 2170 Skyline Escondido, CA 92025 John Frazee 2410 Appian Road Carlsbad, CA 92008 Guy S. Moore 5503 E1 Camino Real Carlsbad, CA 92008 Raul Tarango 1070 Buena Place Carlsbad, CA 92008 Claude Lewis 2030 Basswood Avenue Carlsbad, CA 92008 Girard Anear 1728 Calavo Circle Carlsbad, CA 92008 Peter MacKauf C/o Ukegawa Brothers 4218 Skyline Road Carlsbad, CA 92008