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HomeMy WebLinkAbout1985-04-23; City Council; 8088-1; Sammis Properties Proposed Amendment to Carlsbad Local Coastal ProgramCITV ")F CARLSBAD - AGENDA 3ILL AB#_ 4/23/85 DEPT. R/AG TITLE: SAMMIS PROPERTIES: A PROPOSED AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM nFPT ATTY. CITY uu OccQ_Q_ O< O Ou RECOMMENDED ACTION: 1. Approve the attached resolution adopting the Sammis Properties amendment to the Carlsbad Local Coastal Program and direct staff to forward to the Coastal Commission. ITEM EXPLANATION; The LCP Committee recommends the proposed action which would amend the Carlsbad Local Coastal Program (LCP) by adding the so-called Sammis Properties (including a portion of Batiquitos Lagoon) to the jurisdiction of the Carlsbad LCP. The subject properties, which were formerly part of the San Dieguito LCP were annexed to the City and subsequently removed from the San Dieguito LCP jurisdiction by the California Coastal Commission in 1984. The proposed amendment reflects the general policies established by the Land Use Plan segment of the San Dieguito LCP which was Commission certified in July 1982. The format of the document is designed to allow it to. "fit" into the Mello I and II LCP documents. The recommended amendment recognizes that the properties have received several development approvals from the City as well as the Coastal Commission. Provision is made for the conversion of 64 acres of non-prime agricultural land located on part of the Sammis parcel pursuant to the provisions of Public Resources Code Section 30171.5. That section allows agricultural conversion mitigation through the payment of fees. The City is currently processing a master plan for the Sammis Properties which includes detailed development proposals. The subject LCP amendment provides for the Sammis Properties to be processed by the City as a master plan and specific plan consistent with the Carlsbad General Plan. On March 12, 1985 the City Council opened a 6-week public review period of the LCP Committee recommended actions for the Sammis Proper- ties. No suggestions for change were received. If the City Council wishes to proceed with the amendment, the LCP Committee recommends the same process used for the Mello I and II areas, that is: Take action on the LCP without formally changing the General Plan and Zoning ordinances. The LCP can then be forwarded to the Coastal Commission to review and potentially certify. If the Commi- ssion approves the LCP the City would then formally change the General Plan and Zoning to conform. Once the General Plan and Zoning have been modified (using the City general plan•> _t ^ — i. z amendment/zone change process) evidence would be forwarded to the Commission. At that time the City would achieve coastal zone land use authority. PAGE 2 of AB# Once the City takes action as recommended by this agenda bill and the documents are forwarded to the Coastal Commission, the Commission has an initial 10 working day review period. After this 10 day period the LCP must be scheduled for Coastal Commission hearing and action within 60 days. Failure to act by the Commission within 60 days is deemed an action to approve as submitted. EXHIBITS: 1. Resolution No. ^^^ / • 2. Map of affected area. 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 RESOLUTION NO. 7991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE SAMMIS PROPERTIES LOCAL COASTAL PROGRAM (LCP) AMENDMENT (ADDITION OF THE SEGMENT TO THE CARLSBAD LCP) . WHEREAS, the City of Carlsbad has received the certified Local Coastal Program (LCP) documents for that portion of the Carlsbad Coastal Zone specified in California Public Resources Code Sections 30170(f) and 30171 (Mello Bills I and II) from the California Coastal Commission; and WHEREAS, the Sammis Properties were initially included in the San Dieguito LCP and not in the Carlsbad LCP; and WHEREAS, the Sammis Properties have been annexed to the City of Carlsbad and subsequently removed from the San Dieguito LCP jurisdiction by the Coastal Commission in 1984; and WHEREAS, the amendment would add the Sammis Properties as a logical addition to the Carlsbad LCP; and WHEREAS, the Sammis Properties LCP amendment reflects the general policies established by the Land Use Plan segment of the San Dieguito LCP which was Commission certified in July 1982; and WHEREAS, the amendment reflects existing development appro- vals and coastal permits for portions of the property; and WHEREAS, the City Council has reviewed the amendment and found its provisions to be acceptable for administration as City policy; and WHEREAS, the City is prepared to adopt necessary resolutions and ordinances to enable the City to receive LCP "effective certification" pursuant to the LCP documents approved by the City on April 23, 1985; and 3 1 WHEREAS, the City intends and is prepared to issue Coastal 2 Development Permits pursuant to the LCP documents when amended 3 as established herein and implemented by City resolutions and 4 ordinances; and 5 WHEREAS, necessary public review of the proposed LCP 6 amendment has been provided by the City, 7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 8 City of Carlsbad as follows: 9 1. That the above recitations are true and correct. 10 2. That the City of Carlsbad is prepared to adopt by 11 appropriate local resolutions and ordinances the Local Coastal 12 Program Amendment for that portion of the Coastal Zone specified 13 in Exhibits one (text) and two (map) attached hereto and made a 14 part hereof. 15 3. That subject to the adoption of the appropriate local 16 resolutions and ordinances the City of Carlsbad is prepared to 17 administer and carry out the requirements and provisions of the 18 Local Coastal Program as amended. 19 4. That the City Council directs the City Manager to 20 forward this resolution along with any other necessary documents 21 as an application pursuant to Public Resources Code Section 30514 22 and 2 California Administrative Code Section 13551(b)(2) for an 23 amendment to the Local Coastal Program for that portion of the 24 Coastal Zone specified in this resolution, and further, that the 25 California Coastal Commission be requested to authorize 26 certification pursuant to 2 California Administrative Code 27 Section 13544 of the Local Coastal Program as amended after the 28 City has adopted the necessary implementing ordinances and resolutions. 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the 3 City Council of the City of.Carlsbad, California, on the 23rd 4 day of April , 1985 by the following vote to wit: 5 AYES: Council Members Lewis, Chick and Pettine 6 NOES: 7 ABSENT: Council Members easier, and Kulchin 8 g MARY H. qASLER, Mayor 10 ATTEST: 11 12 (UM^ / ^_ ,, ALETHA L. RAUTENKRANZ, City^lerk 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROJECT LOCATION iYfT^^f^te / v& ..»&£\V--^t \ \a. •:• .-::: Sammis Properties Local Coastal Program Amendment Affected Area Exhibit 1 SAMMIS PROPERTIES Proposed Amendment To The Carlsbad Local Coastal Program April 23, I 985 ATTACHMENT B SAMMIS PROPERTIES LAND USE This Attachment amends the Carlsbad Local Coastal Program by including the West Batiquitos Lagoon/Sammis Properties geographi- cal area within the jurisdiction of the Carlsbad Local Coastal Program (LCP). This area, which was formerly a part of the San Dieguito LCP, was annexed to the City in 1983 and removed from the San Dieguito LCP jurisdiction by the California Coastal Com- mission in 1984. A. Land Use Categories 1. Batiquitos Pointe (approximately 35 acres west of the railroad tracks) - approximately 18 gross acres exclu- ding wetlands and bluff slopes shall be designated for "Residential Medium - High Density" use (10-20 dwel- lings/acre) . Approximately 7+ gross acres located on the northern portion of the property shall be desig- nated for "travel services" commercial uses (visitor- serving) . The remainder of the property - wetlands and bluff slopes - shall be designated for open space and shall be protected by the appropriate sections of this LCP which deal with "environmentally sensitive habitats." 2. Seabluff (approximately 130 acres east of the railroad tracks) - the overall density for residential develop- ment under a master plan approach shall be a combination of "Residential Medium Density" 4-10 units per acre on the northern half of the property, and "Residential Medium - High Density" 10-20 units per acre on the southern half of the property, as provided in the Carls- bad General Plan. The remainder of the property - wetlands and bluff slopes shall be designated for open space and shall be protected by the appropriate sections of this LCP which deal with "environmentally sensitive habitats." Full intensity of development may only be realized through the payment of an "Agricultural Con- version Mitigation Fee" pursuant to the provisions of Public Resources Code Section 30171.5 and further dis- cussed in section B, below. ,* 3. The above subparcels may be combined and processed under a single master plan and specific plan with those uses permitted in the Combination District as provided in the Carlsbad General Plan. B. Developable Agricultural Land 1. Non-prime agricultural lands may be converted to non- agricultural uses, if the City finds at the time of the proposed conversion that continued or renewed agriculture is infeasible. 2. As a condition of approval of any conversion of non-prime agricultural land located within this area to urban uses, the applicant shall be req- uired to pay a coastal resource enhancement fee of $6,500 per acre converted to urban uses to be administered by a joint Coastal Conservancy/City of Carlsbad trust." If "a future enhancement study of Batiquitos Lagoon determines that a greater per-acre coastal resource enhancement fee is necessary to implement the Plan, then the per- acre fee may be increased by vote of the Carlsbad City Council as necessary, but not to exceed $10,000 per acre of non-prime agricultural land converted to urban uses. 3. The City of Carlsbad in consultation with the State Coastal Conservancy shall create a Batiquitos Lag- oon Trust. Consistent with the California Public Resources Code Section 30171.5 all coastal resource enhancement fees collected pursuant to subdivision (b) shall be administered by the Trust. Separate accounting of fund collection, management and dis- bursement shall be carried out by the City. a. Priority for the Expenditure Funds - The following are the categories and priorities in order -of expenditure of funds: i. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon. ii. Development of an interpretive center at Buena Vista Lagoon. iii. Restoration of beaches managed for public use in the Coastal Zone in the City of Carlsbad. iv. Any other project or activity bene- fiting natural resources in the Coastal Zone in the City of Carlsbad, as determined by the Carlsbad City Council. b. The priorities in 3.a. above are established by Public Resources Code Section 30171.5. If those priorities are determined to be illegal, funds may be expended according to the priorities established in the Mello I and II LCP. C. Grading and Erosion Control (both subparcels) Because the parcels are located close to environmentally sensitive habitats, development shall conform to the fol- lowing grading and erosion control standards: -2- 1. Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state, and approp- riate measures shall be taken on and/or off site to prevent siltation of. lagoons and other envir- onmentally sensitive areas. 2. Grading activity shall be prohibited during the rainy season from October 1st to April 1st of any year. 3. All graded areas shall be hydroseeded prior to October 1st with either temporary or permanent landscape materials. Landscaping shall be main- tained and replanted if not establishe'd by December 1st. 4. Grading plans shall indicate staking or fencing of open space areas during construction and shall specifically prohibit running or parking earthmoving equipment, stockpiling of earthwork material, or other disturbances within the open space areas. 5. Any necessary temporary or permanent erosion control devices, such as the desilting basin, shall be developed and installed prior to any on or off site grading activities, or, concur- rent with grading, provided all devices are installed and operating prior to October 1st, and installation is assured through bonding or other acceptable means. 6. The developer must provide for the long term maintenance of drainage improvements and erosion control devices. D. Landscaping In order to guard against introduction of any species which are inherently noxious to or incompatible with the adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used to the maximum extent feasible. Landscaping adjacent to structures should provide an effective screen of urban development. E. Environmentally Sensitive Habitats The environmentally sensitive habitats located on both subparcels (i.e. wetlands and bluff slopes) shall be preserved as open space. These sensitive areas shall be protected from any significant disruption. Further- more, development on the bluff tops shall be set back '• from the bluff edges to prevent possible impacts on adjacent environmentally sensitive habitats. -3- 10 Any restoration, enhancement and preservation of Bati- quitos Lagoon shall be consistent with a Batiquitos Lagoon Enhancement Plan. When completed by the Cali- fornia Coastal Conservancy and adopted by the City of Carlsbad and certified by the California Coastal Com- mission, the Batiquitos Lagoon Enhancement Plan will become an attachment to the Carlsbad Local Coastal Plan. The provisions called for in E. will be implemented through the approvals granted for development. F. Public Access A pedestrian walkway shall be provided along the western property line of Batiquitos Pointe from approximately Ponto Drive on the north to the San Marcos- Creek Bridge on the south. The walkway shall be permanently open to use by the public. Lagoon accessways - bluff-top accessways or equivalent overlook areas, or a bike path/pedestrian walkway, shall be provided if agricultural land on the north shore of Batiquitos Lagoon is developed. Such accessways shall be preserved for public use by requiring irrevocable offers of dedication of those areas as a condition of development. The accessways shall not adversely impact environmentally sensitive habitats. G. Visitor-Serving Use A minimum of 6 acres (excluding roads) located on the Batiquitos Pointe subparcel shall provide visitor-serving commercial uses. H. Archaeology A program of preservation and/or impact mitigation reg- arding archaeological sites located on both subparcels shall be completed prior to any development. I. State Lands Commission Review ,> Prior to issuance of the coastal development permit, permittee shall obtain a written determination from the State Lands Commission that: 1. No State Lands are involved in the development, or 2. State Lands are involved in the development and all permits required by the State Lands Commission have been obtained, or 3. State Lands may be involved in the development, but pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. -4- ATTACHMENT 7 SAMMIS PROPERTIES ZONING Addition to the Planned Community Zone - The following new section shall be added to Ch.21,38 of the Carlsbad Municipal Code: Additional Standards - Sammis Properties - Batiquitos Pointe/ Seabluff In addition to complying with other provisions of this chapter the Master Plan for the Sammis Properties identified in the Local Coastal Program shall include additional informa- tion and development standards required by this section. 1. Permits Required. No development, including but not limited to land divisions, as defined in Section 21.04.108 of this code shall occur without a Coastal Development Permit having first been issued pursuant to Chapter 21.65 of this code. A master plan, or a planned development permit processed according to Section 21. .060 shall be considered a coastal permit if also processed in compliance with Chapter 21.65. 2. Maximum Density of Development. The Master Plan shall establish a maximum density of development as follows: A. Batiquitos Pointe (property west of the railroad tracks) - a maximum of 354 residential units are permitted pursuant to Coastal Permit 6-83-324. The density shall not exceed 20 dwellings per gross residential acre (excluding wetlands, bluff slopes and commercial acreage). In addition, approximately 6 net acres of the site shall be retained for visitor-serving commercial use. B. Seabluff (property east of the railroad tracks) - a maximum of 600 residential units on a maximum of 40 acres of agricultural soils shall be per- mitted. The remaining 64 acres of agricultural soils excluding wetlands and bluff slopes shall be designated Developable..Agriculture. The property owner shall have the opportunity to convert the developable agricultural area to the land uses provided for in the current Carlsbad General Plan. Such conversion will require the payment of the Agricultural Conversion Mitiga- tion Fee. -1- Upon pi .lent of the fee the maxima overall density for residential development shall be 4-10 units per gross residential acre on the northerly portion and 10-20 units per gross residential acre on the southerly por- tion of the property as provided by the Carls- bad General Plan. Gross residential acreage shall exclude wetlands, and bluff slopes. C. The above subparcels may be combined and processed under a single master plan and specific plan with those uses permitted in the combination district as provided in the Carlsbad General Plan. Developable Agricultural Land. The Master Plan shall designate a minimum of 64 acres excluding wetlands and bluff slopes on the Seabluff property as Developable Agricultural Land (DAg), (see the DAg Zone attachment for the Sammis LCP segment). 4. Erosion, Drainage, Sedimentation. Subject to the modi- fications, additions, or exceptions expressed below, as a part of the permit application, the applicant shall submit an erosion, sedimentation and drainage plan pre- pared by a qualified professional, including the require- ments of the Model Erosion Control Ordinance reprinted in the Appendix to the June 1980 Carlsbad Master Drainage Plan, the requirements of the Master Drainage Plan, and the additional requirements specifically enumerated herein. For purposes of this zone, the June 1980 Master Drainage Plan and its appendices are herein incorporated by this reference and are part of this zone. The general provi- sions, standards, content of plans and implementation contained therein are in addition to the provisions below. Approved development shall include the following conditions, in addition to the requirement specified above: A. A soils map in the scale of 1" = 100 feet, showing both the erodibility of soils and the type.-^and lo- cation of soils, using the SCS Land Use Capability Classification System and standards of erodibility developed by SCS. The soils map shall be certified by a soils engineer as true and accurate. .* B. Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state, and appropriate measures shall be taken on and/or off site to pre- vent siltation of lagoons and other environmentally sensitive areas. C. .The appropriate measures shall be installed prior to on site grading. D. All bluff slopes shall be placed in open space easements as a condition of development approval. -2- Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to dev- elopment in accordance with the following additional criteria: a. Submittal of a runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a 10-year frequency storm. Runoff control shall be accomplished by a variety of mea- sures including, but not limited to, on-site catchment basins, detention basins, siltation traps and energy dissipators and shall not be concentrated in one area or a few locations. b. Detailed maintenance arrangements and various alternatives for providing the ongoing repair and maintenance of any approved drainage and erosion control facilities. If the off-site or on-site improvements are not to be accepted or maintained by a public agency, detailed maintenance agreements shall be secured prior to issuance of a permit. c. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. d. All grading activities shall be prohibited within the period from November 1st to March 31st of each year. e. All areas disturbed by grading, but not com- pleted during the construction period, inclu- ding graded pads, shall be planted and stabilized prior to November 1st with tem- porary or permanent (in the case of finished slopes) erosion control measures and native vegetation. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said -3- planting shall be accomplished under the supervision of a licensed landscape archi- tect and shall consist of seeding, mulching, fertilization and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be repeated, if the required level of coverage is not established. This requirement shall apply to all disturbed soils, including stockpiles. f. Grading plans shall indicate staking or fen- cing of open space areas during construction and shall specifically prohibit running or parking of earthmoving equipment, stockpiling or earthwork materials, or other disturbances within open space areas. 5. Landscaping. In order to guard against the introduction of any species which are inherently noxious to, or incompatible with the adjacent lagoon habitat, the master plan shall indi- cate that drought tolerant and native vegetation shall be used to the greatest extent feasible. Prior to development, a detailed landscape plan must be submitted and approved by the City. Said landscape plan shall be reviewed by the Dep- artment of Fish & Game for compatibility of landscape materials with adjacent environmentally sensitive habitat species. 6. Environmentally Sensitive Habitats. The environmentally sen- sitive habitats located on both wetlands and bluff slopes shall be preserved as open space. These sensitive areas shall be protected from any significant disruption. Furthermore, dev- elopment on the bluff tops shall be set back from the bluff edges to prevent possible impacts on adjacent environmentally sensitive habitats. Restoration, enhancement and preservation of Batiquitos Lagoon shall be consistent with the Batiquitos Lagoon Enhancement Plan. When completed by the California Coastal Conservancy and adopted by the City of Carlsbad and certified by the California Coastal Commission, the Batiquitos Lagoon Enhancement Plan will become an attachment to the Carlsbad-'Local Coastal Plan. Detailed topographic maps shall be prepared by qualified pro- fessionals including biologists, hydrologists and engineers in sufficient detail to locate the boundary of lagoon or wet- land and upland areas. The scale shall not be less than 1" = 100 feet with a contour interval of 5 feet, and shall include an overlay delineating the location of the development. The lagoon and wetland areas shall be delineated according to the requirements of Section 30121 of the Coastal Act and the LCP Mapping regulations, subject to the review and approval of the Department of Fish & Game. —4— 7. Public Access. Public access to coastal resources (i.e. beaches and lagoons) shall be provided in the following manner: A. A pedestrian walkway shall be provided along the western property line of Batiquitos Pointe from approximately Ponto Drive on the north to the San Marcos Creek Bridge on the south. The walkway shall be permanently open to use by the public. B. Lagoon accessways - bluff-top accessways or equivalent overlook areas, or bike paths/pedes- trian walkways, shall be provided if agricultural land on the north shore of Batiquitos-Lagoon is developed. Such accessways shall be preserved for public use by requiring irrevocable offers of dedication of those areas as a condition of development. Accessways shall not adversely impact environmentally sensitive habitats. 8. Archaeology. The master plan shall include a program of preservation and/or impact mitigation regarding archaeo- logical sites located on both subparcels shall be completed prior to any development. 9. State Lands Commission Review. Prior to issuance of the Coastal development permit, permittee shall obtain a written determination from the State Lands Commission that: A. No Public Trust lands are involved in the development, or B. Public Trust lands are involved in the develop- ment and all permits required by the State Lands Commission have been obtained, or C. Public Trust lands may be involved in the dev- elopment and, pending a final determination, an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. -5- SAMMIS DAg ZONE CHAPTER 21. Developable Agriculture Zone 21. .010 Purpose and Intent. The Developable Agriculture (DAg) Zone is established to implement Sections 30170(f), 30171.5, 30241, and 30242 of the California Coastal Act and the Local Coastal Land Use Plan certified on . This zone recog- nizes agriculture as a priority use under the Coastal Act and pro- tects that use by establishing mechanisms to assure the continued and renewed agricultural use of agricultural lands while allowing development to proceed in compliance with the zone. This zone pro- vides necessary incentives to accomplish the goal of protecting and promoting agriculture in the coastal zone, in order to conform with Sections 30241 and 30242 of the California Coastal Act of 1976. The DAg zone adopts permitted uses for all agricultural lands located in the zone. The DAg conversion program is voluntary, and allows agricultural parcels to convert to more intense urban uses. To mitigate the adverse impact of conversion on the area's currently existing agricultural economy, landowners of developable agricultural lands.must contribute monetary fees to a fund which will encourage continued agriculture on lands retained in agricultural use. 21. .020 Definitions. For the purposes of this zone, terms used herein are defined as follows: A. "Developable Agricultural Lands" means those agricultural lands identified on Map Z attached to the Land Use Plan certified on . B. "Class I-IV Agricultural Land" means all land which quali- fies for rating as Class I through Class IV in the U.S. Department of Agriculture Soil Conservation Service Land Use Compatibility Classification. C. "Class V-VIII Agricultural Land" means all land which quali- fies for rating as Class V through Class VIII in the U.S. Department of Agriculture Soil Conservation Service Land Use Compatibility Classification..* D. "Land Division" means the creation of any new property line whether by subdivision or other means. E. "Urban Uses" means any use other than a use permitted by Section 21. .050 including any use necessary or convenient to urban use. 21. -.030 Development of Developable Agricultural Land. Developable agricultural land may be converted from agricultural use and developed for urban use in compliance with the procedures of this chapter. -1- 21. .040 Permits Required. No development, including but not limited to land divisions, as defined in Section 21.04.108 of this code shall occur without a Coastal Development Permit having first been issued pursuant to Chapter 21.65 of this Code. A master plan or a planned development permit processed according to Section 21. .060 shall be considered a coastal permit if also processed in compliance with Chapter 21/65. 21. .050 Permitted Uses on Agricultural Lands. The pro- visions of which section shall apply to any developable agricultural land which has not been approved for development pursuant to this chapter. a. On any Class I through Class IV Agricultural Land the fol- lowing uses only are permitted: 1. Cattle, sheep, goats and swine production, provided that the number of any one or combina- tion of said animals shall not exceed one animal per half acre of lot area. Structures for con- taining animals shall not be located within fifty feet of any habitable structure on the same parcel, nor within three hundred feet of an adjoining par- cel zoned for residential uses. 2. Crop production. 3. Floriculture. 4. Horses, private use. 5. Nursery crop production. 6. Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than twenty- five of any one or combination thereof shall be kept within fifty feet of any habitable structure, nor within three hundred feet of an adjoining par- cel zoned for residential uses. 7. Roadside stands for display and sale of products produced on the same premises, with a floor area not exceeding two hundred square feet, and located not nearer than twenty feet to any street or highway. 8. Tree farms. 9. Truck farms. 10. Wildlife refuges and game preserves. 11. Other uses or enterprises similar to the above customarily carried on in the field of general agriculture including accessory uses such as silos, -2- tank houses, shops, barns, offices, coops, stables, corrals, and similar uses required for the con- duct of the uses above. 12. One single family dwelling per existing legal building parcel. b. On any Class V through VIII Agricultural Land the follow- ing uses only are permitted: 1. All of the permitted uses listed above. 2. Hay and feed stores. 3. Nurseries, retail and wholesale. 4. Packing sheds, processing plants and commercial outlets for farm crops, provided that such activities are not located within 100 feet of any lot line. 5. Greenhouses, provided all requirements for yard setbacks and height as specified in Chapter 21.07 of this Code are met. 21. .055 Lot and Yard Standards - Agricultural Lands. The provisions of this section shall apply to any developable agricul- tural land which has not been approved for development pursuant to this chapter. 1. The minimum required lot area of any newly created lot shall not be less than 10 acres. 2. Every newly created lot shall have a minimum width of the rearline of the required front yard of not less than three hundred feet. 3. Every lot shall have a required front yard of forty feet. Except as otherwise provided in Section 21. .050 no building or structure shall be located on the required front yard. 4. Every lot and building site shall have a side yard on each side of the lot or building site not less than fifteen feet in width unless otherwise permitted by Section 21. .050. 5. Every lot and building site shall have a rear yard of not less than twenty-five feet unless otherwise permitted by Section 21. .050. 6. No building or structure shall exceed thirty-five feet in height. 7. Buildings and structures shall not cover more than forty percent of a lot. -3- I? 8. All residential structures shall conform to the pro- visions of Section 21.07.120 of this Code. 21. .060 Development of Developable Agricultural Land. Developable agricultural lands may be converted from agricultural to urban uses pursuant to the following procedures: a. As a condition of approval of any conversion of non-prime agricultural land located within this area to urban uses, the applicant shall be req- uired to pay a coastal resource enhancement fee of $6,500 per acre converted to urban uses to be administered by a joint Coastal Conservancy/City of Carlsbad trust. If a future enhancement study of Batiquitos Lagoon determines that a greater per-acre coastal resource enhancement fee is necessary to implement the Plan, then the per- acre fee may be increased by vote of the Carlsbad City Council as necessary, but not to exceed $10,000 per acre of land converted to non- agricultural uses. b. The City of Carlsbad, in consultation with the State Coastal Conservancy shall create a Bati- quitos Lagoon Trust. Consistent with the Calif- ornia Coastal Act Section 30171.5 all coastal resource enhancement fees collected pursuant to subdivision (b) shall be administered by the trust. Separate accounting of fund collection, management and disbursement shall be carried out by the City. The following are the categories and priorities in order of expenditure of funds: 1. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon. 2. Development of an interpretive center at Buena Vista Lagoon. 3. Restoration of beaches'* managed for public use in the Coastal Zone in the City of Carlsbad. 4. Any other project or activity benefiting natural resources in the Coastal Zone in the City of Carlsbad that is provided for in the Local Coastal Program of the City of Carlsbad. The priorities in b. above are established by Public Resources Code Section 30171.5. If those priorities are determined to be illegal funds may be expended according to the prio- rities established in the Mello I and II LCP. -4- Mitigation Program. Within six months of the certification of this chapter by the California Coastal Commission, the City Council shall pre- pare operating directives and procedures for administration of the mitigation program. A reasonable portion of the transmitted conver- sion fees may be used by the City to cover the actual costs of administration, up to a maximum of 1% of any conversion fees. Costs of admini- stration will be greatest at the beginning of the program, so a proportion greater than 1% of the fees may be reserved at the initiation of the program for the purpose. Five years after the adoption of the mitigation program, the program shall be reviewed for effec- tiveness and fulfillment of applicable coastal act policies. If the City Council finds the program not adequate to meet the purposes of the Local Coastal Program, modification may be req- uested as a Local Coastal Program amendment. -5- LEGEND RM RESIDENTIAL MEDIUM (4—1O (fti/ac) RMH RESIDENTIAL MEDIUM HIGH (1O-2O dn/ae) N NEIGHBORHOOD COMMERCIAL C GENERAL COMMERCIAL E ELEMENTARY SCHOOL TS/C TRAVEL SERVICE COMMERCIAL OS OPEN SPACE Sammis Properties DAg Zone N (NO SCALE) CARLSBAD GENERAL PLAN LAND USE MAP. (DAg Zone superimposed) Map Z Sammis Properties Local Coastal Program Amendment Exhibit 2