HomeMy WebLinkAbout2004-04-13; City Council; 17590; Agricultural farmworker housing by CUPCITY OF CARLSBAD - AGENDA BILL
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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
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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.)
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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
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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
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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;
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