HomeMy WebLinkAbout1986-06-17; City Council; 8666; Define Aquaculture and permitC k E
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- CIT-OF CARLSBAD - AGENDTSILL
AMENDMENT TO CARLSBAD ZONING ORDINANCE DEpT, HD.~% TITLE:TO DEFINE AQUACULTURE AND PERMIT THE
MTG. 6/17/86 ONSITE SALE OF AOUACULTURE PRODUCTS. CITY AlTY ~ ZCA-192 - CITY OF CARLSBAD I PLN )EPT.
RECOMMENDED ACTION:
The Planning Commission and staff are recommending that the City
Council introduce Ordinance No. YrO? , APPROVING ZCA-192.
ITEM EXPLANATION
At the March 26, 1986 Planning Commission meeting a Resolution of Intention was approved directing staff to prepare a zone code
amendment to allow aquaculture products to be sold in the OS, Open
Space and P-U, Public Utility Zones if such products have been grown onsite and if the findings for a conditional use permit can
be made. This use would be similar to the sale of agricultural
products from the site where they are grown, which is allowed by the zoning ordinance. The zoning ordinance presently permits
aquacultural uses in all zones upon approval of a conditional use
permit, but does not have any provisions for the sale of the
products on the site where they are grown.
The proposed zone code amendment would limit the sale of
aquaculture products to zones where cultivation typically occurs
(i.e, the City's lagoons). As mentioned previously, any request to sell must obtain a conditional use permit. Within this process, staff would look at the scale of the operation, the appropriateness
of the use at a specific location, provisions for parking and potential impacts created by the use.
The zone code amendment will also create a definition for
aquaculture, which will be added to the definitions chapter of the
zoning ordinance, see the attached ordinance.
Staff and the Commission believe that, if regulated properly,
aquacul ture products sol d from small roadside stands would provide
a desirable community service and not adversely impact neighboring
uses. The Planning Commission approved this zone code amendment by
a vote of 6-1.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not
cause any significant environmental impacts because potential
impacts have been mitigated and, therefore, has issued a Negative
Declaration, dated May 10, 1986. The Planning Commission recommended approval of the Negative Declaration on May 28, 1986. A copy of the environmental document is on file in the Planning
Department.
FISCAL IMPACT
No direct fiscal impacts are anticipated.
EXHIBITS
1. Ordinance No. ?@'f
2. Planning Commission Resolution No. 2561
3. Staff Report dated May 28, 1986 w/attachments I
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"(14) Open Space and Public Utilities zones only.
rown on the premises. In considering the appropriateness of such
acility the minimum following criteria shall be considered:
(if) Adequate parking
(iv) Appearance and location of signs
Corn pa ti bi 1 i ty
(vi) Scale of operation."
(A) The display and sale of aquaculture products
(i) Safe access
(ill) Location and appearance of structure or facility
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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 17th day of June 9
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 24th day of June , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
(SEAL\
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ORDINANCE NO. 9809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL
CODE BY AMENDING CHAPTERS 21.04 (DEFINITIONS), 21.33 (OPE SPACE ZONE), 21.36 (PUBLIC UTILITY ZONE) AND 21.42
(CONDITIONAL USES) BY ADDING SEVERAL SUBSECTIONS DEFINE AQUACULTURE AND TO ALLOW THE SALE OF AQUACULTURE PRODUCTS
BY A CONDITIONAL USE PERMIT IF PRODUCTS ARE GROWN ON
PREMISES.
The City Council of the City of Carlsbad, California, doe
ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad
Municipal Code is amended by the addition of Section 21.04.036 to
read as follows:
21.04.036 Aquaculture. "Aquaculture" means that form of
agriculture devoted to the propagation, cultivation, maintenance,
and harvesting of aquatic piants-and animals in marine, brackdsh,
and fresh water. "Aquaculture" does not include species of ornamental marine or freshwater plants and animals not utilized fo
human consumption or bait purposes that are maintained in closed
systems for personal, pet industry, or hobby purposes. This
definition specifically excludes hydroponics.
SECTION 2: That Title 21, Chapter 21.33 of the Carlsbad
Municipal Code is amended by the addition of Section 21.33.040(13)
to read as follows:
"(13) Stands for the display and sale of aquaculture
SECTION 3: That Title 21, Chapter 21.36 of the Carlsbad
products grown on the premises."
Municipal Code is amended by the addition of Section 21.36.110 to
read as follows:
"21.36.110 Uses and Structures permitted by Conditional
Use Permit. S ubject to the provisions of Ch apter 21.50, the
following uses and structures are permitted by conditional use
permit:
(1) Stands for the display and sale of aquaculture products grown on the premises."
SECTION 4: That Title 21, Chapter 21.42 of the Carlsbad
Municipal Code is amended by the addition of Section 21.42.010(14)
to read as follows:
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PLANNING COMMISSION RESOLUTION NO. 2561
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT, AMENDING TITLE 21, CHAPTERS 21.04 (DEFINITIONS), TO DEFINE AQUACULTURE AND 21.33 (OPEN SPACE), 21.36 (PUBLIC UTILITIES) AND 21.42 (CONDITIONAL USES), OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTIONS 21.04.036, 21.33.040(13), 21.36.110, 21.42.010(14) TO ALLOW THE SALE OF AQUACULTURE PRODUCTS BY
A CONDITIONAL USE PERMIT IF PRODUCTS ARE GROWN ON THE PREMISES. APPLICANT: CITY OF CARLSBAD
WHEREAS, the Planning Commission did, on the 28th day of
CASE NO.: ZCA-192
May, 1986, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations'are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-192, according to Exhibit ''A", dated May 28, 1986 , attached hereto and made a
part hereof, based on the following findings:
Fi ndi nas:
1) The sale of aquaculture products will provide a desirable
service to the community.
2) The sale of aquaculture products from particular locations can be effectively regulated by the conditional use permit
process to assure that adverse impacts relating to incompatible land use or traffic problems do not occur.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 28th day of May, 1986, by the following vote, to wit:
AYES:. Chairman Schlehuber, Commissioners: McBane,
Marcus, Schramm, Holmes and Hall.
NOES: Commissioner McFadden.
ABSENT: None.
ABSTAIN: None.
MICHAEL J. HOLmILLER
PLANNING DIRECTOR
PC RES0 NO. 2561 -2-
STAFF REPORT
DATE : MAY 28, 1986
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA-192 - CITY OF CAHLSBAD - Amendments to the Carlsbad Zoning Ordinance to allow the sale of aquaculture products by conditional use permit in Open Space (OS)
I.
and Public- Utility on the premises.
, RECOMMENDATION
That the Planning Commission
PU) zones if the products are grown
ADOPT Resolution No. 2561
recommending APPROVAL of ZCAml92, and recommend APPROVAL of'the Negative Declaration issued by the Planning Director, based on the findings contained therein.
11. BACKGROUND AND DISCUSSION
At the March 26, 1986 Planning Commission meeting a Resolution of Intention was approved directing staff to prepare a zone code amendment to allow aquaculture products to be sold in the OS and PU zones if such products have been grown onsite and if the findings for a conditional use permit can be made.
A zone code amendment would allow the display and sale of aquaculture products when these products are grown onsite. Currently, aquaculture uses are allowed in all zones by conditional use permit; however, no provisions are contained in
the Zoning Ordinance for the sale of aquaculture products from the site. This use would be similar to the sale of agricultural products from the site where they are grown, which is allowed by the Zoning Ordinance.
The sale of products from aquaculture sites could be appropriate in certain cases and would provide a desirable service to the community, i.e. the same enjoyment people get from buying
vegetables from a roadside stand. Three factors are important to
note, however -- the City should have as much discretion as possible in allowing such a use to occur; only select zones should be allowed to have the products sold; and, the growing of aquaculture should not assume the privilege of automatically selling it. The proposed amendment provides the safeguards needed to assure that the sale of aquaculture products from a particular location would not create adverse impacts. The
solutions to the three points are described below.
First, as mentioned previously, any request to sell must obtain a conditional use permit. Within this process, staff would look at the scale of operation, the appropriateness of the use at a specific location, provisions for parking, and potential traffic impacts created by the use. This process will provide for adequate review and conditioning of potential future proposals.
Second, aquaculture cultivation is allowed in all zones by CUP. However, the sale of aquacultural products is a commercial operation that could be incompatible with residential , office, and industrial uses in terms of appearance, access, traffic, etc. Therefore, the amendment would limit the sale of aquaculture products to the zones where cultivation typically occurs (i.e., the City's lagoons). These areas are zoned Open Space (OS) and Public Utilities (PU). It should be noted that the sale of aquacultural products is allowed by right in commercial zones.
In conclusion, staff believes that, if regulated properly, aquaculture products sold from small roadside stands would provide a desirable community service and would not create adverse impacts to neighboring uses. Staff recommends approval
111. ENVIRONMENTAL REVIEW
The Planning Director has determined that this zone code amendment will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on Hay 10, 1986.
of ZCA-192.
ATTAC ti M E N T S
1) Planning Commission Resolution No. 2561 2) Environmental Document
3) Exhibit "A" (Text changes to Ordinance)
NER:bn 5/5/86
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DEVELOPMENTAL
SERVICES
1200 ELM AVENUE CARLSBAD, CA 92008-1989
LAND USE PLANNING OFFICE
ditp of QarIa'bab
(619) 438-5591
PR(XIECT ION: designated properties located throughout the City. open Space (OS) and Public utility (PU)
mdaJEcT DescRIPTION: Zone Code Amedmnt to allow the sale af
aquaculture pcoducts by a conditional use prmit in OS and H] zones if the products are grown on the premises.
The City of -1- has conducted an environmental review of the above described project pursuant to the Guidelines for -1-ntation of the California Enviromental Quality Act ad Envirorxnental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the Foject will not have a significant impact on the environment) is hxeby issued for the
subject project. Justification for this action is on file in the Planning Department.
A apy of the Negative Declaration with supportive docmnts is on
file in the Planning Department, City Hdll, 1200 Elm Avenue, Carlsbadr
CA., 92008. Comnents from the public are invited. Please suhnit
carments in writing to the Planning Department within ten (10) days of
date of issuance.
c
DATH>: May 10, 1986
CASE EJD: ZCA-192
WPLICAtW: City of Carlsbad
Planning Director
PUBLISH aATE: May 10, 1986
m4 11/85
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
NOTICE OF PUBLIC HEARING ZCA-182
newspaper and not in any supplement thereof on
the following dates, to-wit:
NOTICE IS HEREBY GIVEN that the City CounciloftheCityofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad. California, at 600 P.M.. on Tuesday, June 17. 1988, to consider an amendment to the Carlsbad Zoning Ordinance to allow the sale of aquaculture prod- ucts by conditional use permit in Open Space (OS) and Public Utility (PU) zones if the products are grown on the premises. lfyou have any questions regard- ing this matter, please call the Planning Department at W5591. If you challenge the Zone Code Amendment in court. you may be limited to raising only those issues. you or someone else raised at the public hearing described in this notice, or in written correspon- dence delivered to theCltyofCarls- had at or prior to the public hearing. Applicant City of Carlsbad
CJ 4119: June 7,1986 CARLSBAD CITY COUNCIL
June 7, 86 ................................. 19 ....
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I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, Count of San Diego, State of California on the 7ti day of June, 1986
A
NOTICE OF PUBLIC HEARING
ZCA- 1 9 2
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M.,
on Tuesday, June 17, 1986, to consider an amendment to the Carlsbad Zoning Ordinance
to allow the sale of aquaculture products by conditional use permit in Open Space (OS)
and Public Utility (PTJ) zones if the products are grown on the premises.
If you have any questions regarding this matter, please call the Planning Department
at 438-5591.
If you challenge the Zone Code Amendment in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the City of Carlsbad at or prior to the
public hearing.
APPLICANT: City of Carlsbad
PUBLISH : June 7, 1986 CARLSBAD CITY COUNCIL
- ... --.., .
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 6:OO p.m. on Wednesday, May 28, 1986, to consider approval of an
amendment to the Carl sbad Zoning Ordinance to a1 1 ow the sal e of aquaculture
products by conditional use permit in Open Space (OS) and Public Utility (PU)
zones if the products are grown on the premises.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. If flu have any questions please call the Planning
Department at 438-5591.
If MU challenge the Zone Code Amendment in court, flu may be limited to raising
only those issues JQU or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at
or prior to the public hearing.
CASE FILE: ZCA-192 APPLICANT: CITY OF CARLSBAD PUBLISH: May 17, 1986
CITY OF CARLSBAD PLANNING COMMISSION