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HomeMy WebLinkAbout2004-04-13; City Council; 17590; Agricultural farmworker housing by CUPCITY OF CARLSBAD - AGENDA BILL N 0 b I 0 z a, V B c a 0 a cd x z V AB# 17,590 MTG. 4/13/04 DEPT. CA TITLE: ADOPT ORDINANCE NO. NS-702 APPROVING AN AMENDMENT TO THE ZONING CODE TO PERMIT THE CONSIDERATION OF AGRICULTURAL FARMWORKER HOUSING BY CONDITIONAL USE PERMIT DEPT. HD. I CITY ATTY. @A 1 CITY MGR. %-/ RECOMMENDED ACTION: Adopt Ordinance No. NS-702, approving an amendment to the Zoning Code (ZCA 04- 01) to permit the consideration of agricultural farmworker housing by conditional use perm it. ITEM EXPLANATION: At its meeting of April 6, 2004, the City Council introduced this ordinance amending the municipal code to permit the consideration of agricultural farmworker housing by conditional use permit with the following amendments: 0 A conditional use permit for farmworker housing may be considered by the City Council in all zones except Residential; 0 The City Council would have final approval authority on any conditional use permits approved pursuant to this ordinance; 0 Conditional use permits are for temporary agricultural farmworker housing. The necessary changes have been incorporated into the proposed municipal code amendment. The City Council should satisfy itself that the amendment meet its intent in this matter. ENVIRONMENTAL: The City Council adopted Resolution No. 2004-1 IO adopting a Negative Declaration for these amendments at its meeting of April 6, 2004. FISCAL IMPACT: The proposed project is an amendment to the Zoning Code to establish a procedure for consideration of farmworker housing. It does not commit staff time or resources at this time and, therefore does not create a fiscal impact on the City. EXHIBITS: Ordinance No. NS-702. DEPARTMENT CONTACT: Michael Holzmiller 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-702 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE LOCAL COASTAL PROGRAM AND SECTION 21.42.010 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW CONSIDERATION OF FARMWORKER HOUSING BY CONDITIONAL USE PERMIT. CASE NAME: FARMWORKER HOUSING CASE NO.: ZCA 04-01 The City Council of the City of Carlsbad, California, does ordain as follows: Section I: That Title 21, Chapter 21.42, Section 21.42.010 of the Carlsbad Municipal Code, is amended by the amendment of Subsection 21.42.010(1) to read as follows: (1 ) R-A (Residential-Agricultural) zone only: (A) Temporary public dumps; Section II: That Title 21, Chapter 21.42, Section 21.42.010 of the Carlsbad Municipal Code, is amended by the addition of Subsection 21.42.010(2)(M) to read as follows: (M) Temporary Agricultural Farmworker Housing in all zones except Residential (unless exempt from a Conditional Use Permit pursuant to Government Code Section 65589.4) approved by the City Council following recommendation of the Planning Commission at a duly noticed public hearing. Section Ill: That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 5578 constitute the findings of the City Council. 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) /Ill /Ill /Ill /Ill Ill/ Ill/ 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6th day of ai 2004, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 13th day of April 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, and NOES: None ABSENT: None Packard ABSTAIN: None mOVED AS TO FORM AND LEGALITY ATTEST;;’ (SEAL) ~ Ordinance No. NS-702 page 2 -2- ZCA 04-01 - BOLDlSTRlKEOUT 21.42.01 0 Permitted uses. All of the following in all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject to review and the issuance of conditional use permits. It is also intended for uses whose approximate location is indicated in the general plan, but whose exact location and arrangements must be carefully studied. In granting the permit, certain safeguards to protect the health, safety and general welfare may be required as conditions of approval. The following uses may be permitted by approval of a conditional use permit in the following zones: (1) R-A (residential-agricultural) zone only: @j (A) Temporary public dumps; 21.25) in which all uses must be specifically allowed by Chapter 21.25: (A) Cemeteries, (B) Churches, (C) Public and private schools, (D) Repealed by Ord. NS-56 § 2. (E) Golf courses (except as may be approved as part of a planned community development), (F) Greenhouses greater than two thousand square feet in area and packing or sorting sheds greater than six hundred square feet in area subject to the following conditions: 1. Lighting to be directed away from nearby residences and shall not create undue (2) All zones including residential, with the exception of the community facilities zone (Chapter illumination 2. Fans shall not create a noise nuisance to nearby residences 3. Driveways shall be improved with dust control material and be maintained 4. Structure, including panels or coverings, shall be maintained and not become a 5. The approving conditional use permit resolution shall contain the time limits of the safety hazard or nuisance to the neighborhood permit and the provisions for periodic review, (G) Repealed by Ord. 9564 5 3. (H) Overnight campsites. All overnight campsites shall comply with the following (a) Any campsite shall be located in, adjacent to, or shall be directly associated with existing or planned parks and open space system and shall augment the city’s general plan. conditions: (b) An overnight campsite shall comply with all federal, state and local laws. Overall design for an overnight campsite shall be approved by a licensed architect or landscape architect. No person shall occupy any part of an overnight campsite for more than ninety days, in the aggregate, during any given year. The design of an overnight campsite shall be subject to the following conditions: 1. Upon site review, a perimeter six-foot fence or wall may be required. Interior six- foot fencing shall be required to isolate major trash collection and storage areas. Such fences or walls shall be of materials compatible with an approved architectural scheme for the total development. 2. Primary road surfaces, i.e., two-way throughways, shall be blacktop, asphalt or equivalent road surfaces. One-way throughways with sufficient natural drainage may be surfaced with decomposed granite or equivalent, otherwise hard surface equal to two-way requirements will be required. The remaining travel surfaces (camp pads, footpaths, maintenance roads) will be covered with decomposed granite or equivalent material. 3. Associated signs, freestanding or attached to buildings shall be designed and constructed in accordance with city ordinances. 4. Unit site densities will be computed from a slope analysis of the project area: 0-5 percent slope = maximum 7 units; 6-15 percent slope = maximum 3 units; 16 plus percent slope = permanent open space. 5. Sites within the campground shall be clearly marked and shall be not less than two thousand five hundred square feet in area. 6. Sites utilized by auto-truck campers, trailers, mobile coaches, shall front on a roadway not less than fifteen feet wide and which affords access to a public road. 7. Said campground facility shall total not less than ten acres, of which not less than sixty percent of the site shall be utilized for recreation activities, other than buildings, roadways, parking pads, trash or storage areas. 8. Camping spaces shall be placed at random throughout the project, so as not to reflect uniformity in appearance or design. 9. Exterior lighting shall be a type so as not to make visible a direct light source or cause glare outside the campground facility. Proposed light fixtures shall be subject to review to assure compatibility with the architectural scheme of the total development. 10. Landscaping and sprinkler system shall be constructed in conformance with a plan approved by a registered landscape architect and approved by the land use planning office prior to building permit issuance. The sprinkler system shall be applied only to those areas that are not in extensive recreational use. Such 2 landscaping shall be in conformance with but not limited to the following minimum standards: (a) The campground site shall be planted with combinations of flowers, turf, groundcovers, shrubs, and trees; said plantings shall be distributed throughout the site to create a park-like effect. (b) Trees shall be planted at a ratio of one for each one thousand square feet of gross land area. Ten percent of all trees shall be of specimen size, the remainder of which shall be equally divided among fifteen, five and one-gallon sizes. Existing on-site trees may be utilized to fulfill tree requirements. 11. An architectural concept shall be adopted for the total development. Plans for all structures and fences shall be subject to review and approval by the land use planning office to assure harmony and compatibility of all facilities within the campground. 12. Documents pertaining to the maintenance of all facilities including landscaping, and designating those persons responsible for same, shall be submitted for staff approval prior to building permit issuance. Other conditions may be imposed in connection with any conditional use permit issued for a campsite, pursuant to conditional use permit ordinance regulations then in effect; (I) Public buildings, (J) Accessory public and quasi-public utility buildings and facilities including, but not limited to, water wells, water storage, pump stations, booster stations, transmission or distribution electrical substations, operating centers, gas metering and regulating stations, or neighboring telephone exchanges, with the necessary apparatus or appurtenances incident thereto, (K) Private zoos; provided the property for such private zoo has a minimum of twenty thousand square feet, no animal is kept within twenty feet of any property line, and a valid wild animal permit has been issued by the state, (L) Aquaculture: The cultivation of aquatic organisms both in inland waters and the open sea; (M) Temporary Agricultural Farmworker Housing in all zones except Residential (unless exempt from a Conditional Use Permit pursuant to Government Code Section 65589.4) approved by the City Council following recommendation of the Planning Commission at a duly noticed public hearing. (3) R-A commercial or industrial zones: nurseries and nursery supplies; (4) R-P (residential-professional) commercial and industrial zones: (A) Mortuaries; 3