HomeMy WebLinkAbout1988-11-01; City Council; Resolution 88-3491
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RESOLUTION NO 88-349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT MELLO I1 SEGMENT OF CARLSBAD', LOCAL COASTAL PROGRAM TO AMEND LANGUAGE AND
GRAPHICS RELATING TO POLICY 2-2.
CASE NO.: LCPA 88-1
APPLICANT : CARLTAS CARLSBAD RANCH
WHEREAS, a verified application for an amendme
Local Coastal Plan (LCP) designations for certain property
as shown on Exhibit (s) LCPA IIA1*, LCPA IrBll and LCPA"
November 1, 1988, attached and incorporated herein, has b
with the City of Carlsbad; and
WHEREAS, said verified application constitutes
for amendment as provided in Title 21 of the Carlsbad :
Code; and
WHEREAS, the amendments to policy 2-2 of the Me1
segment are necessary to provide consistency between Sect
et. seq. of the Government Code (Williamson Act) , Land Con,
Contract No. 76-1 between the City and the Carltas Corpora
Carlsbad's Local Coastal Program; and
WHEREAS, the City Council did on the 1st day of :
1988, hold a duly noticed public hearing as prescribed 1
consider said request; and
WHEREAS, at said public blearing, upon hea
considering all testimony and arguments, if any, of al:
desiring to be heard, said City Council considered al:
relating to the Local Coastal Plan Amendment including :
Planning Commission recommendations.
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THEREFORE, BE IT HEREBY RESOLVED by the City COI
the City of Carlsbad, California:
1. That the foregoing recitations are true and
2, That based on the evidence presented at tl
hearing, the City Council APPROVES LCPA 88-1 based on the j
findings .
Findinss :
1) The proposed Local Coastal Program Amendment, LCPA
shown in Exhibits LCPA rlAVu , LCPA wwBB8, and LCPA 'IC
November 1, 1988, furthers the goal of Coastal
Management as outlined in the California Coastal Ac;
and as implemented through the Mello I1 segment of Ci
Local Coastal Program by providing a clearer, more cc
comprehensive approach to manage coastal agr:
resources.
2) The proposed LCP amendments are consistent with the
protection policies of the 1976 Coastal Act.
3) The proposed LCP amendment fulfills dual priorities * Coastal Act in that it preserves :Long term agriculti while at the same time preserves the ''flower fielc
both add to Carlsbad's community character and g tourist serving attraction within the City's coasta:
4) There is no substantial evidence that the propos
Coastal Program Amendment, as conditioned by Co:
Negative Declaration issued by the Planning Dir
October 12, 1988, may have a significant adverse impa
environment,
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PASSED, APPROVED, AND ADOPTED at a regular meetin
Carlsbad City Council held on the 1st day of November ,
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux
NOES: None
ABSENT : None
ABSTAIN: None
ATTEST :
( SEAL)
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. Ill * LC PA *o
* \Ilk EXIlIUIT A
AOUA tIEDIONL7A IAOOON
PACIFIC OCEAN
AGRICULTURAL PRESERVE BOUNDARY AMENDMElY'r '
rn Added to the Preserve (52ac.I LTj Removed from the Pr ..... *.. :.......: Existing Developable Area (outside preserve)
@
LCPA 88-1
0 LCPA
EXHIBIT B November 1, 1'
,t
Policy 2-1 C. PERMITTED USES ON DESIGNATE] AGRICULTURAL LANDS
The land uses described below shal
any designated coastal agricult
which has a been approved for dev
TEXT
1. On any Class I through
Agricultural Lands (See Exhik
the following uses only are pe:
a. cattle, sheep, goats, i
t production, provided
number of any one or comb:
said animals shall not e
CHANGES animal per half acre of
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dzz ffA-Gt 7, fAGt 9 f I 0 J fkr~dii 4.3R (" .
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Structures for containin<
shall not be located withi
of any habitable structux
same parcel, nor within 30
an adjoining parcel z(
residential uses.
b. Crop production;
c. Floriculture;
d. Horses, private use;
e. Nursery crop production;
f. Poultry, rabbits, chinc
f-
hamsters, and other small
provided not more than 25
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one combination thereof
kept within 50 feet
habitable structure nor W]
feet of an adjoining parc
for residential uses:
g. Roadside stands for disf
sale of products produced
same premises, with a flc
not exceeding 200 square
located not nearer than 20
any street or highway: t
h. Tree fanXkS ;
i. Truck farms:
j. Wildlife refuges and
preserves ;
k. Other 'uses or enterprises
to the above customarily car
in the field of general agri
including if necessary ac
uses such as private gi
children's playhouses, rad:
television receiving ant
windmills, silos, tank 1
shops, barns, offices, coops
houses, stables, pens, corral
similar uses required fo.
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conduct of the uses above;
1. One single fanily dwell
guest house per existin
building parcel:
E. Dogs, cats, and other l
pets, provided not more tl
dogs or four cats older t
months or any combination
shall be kept on any lot ot
of land: and
n. 9 Home occupation.
2. On any class V through VI11 Agrk
Lands (See Exhibit 4.2 ) f the fo:
uses only are permitted:
a. All of the permitted uses
above :
b. Hay and feed stores;
c. Nurseries, retail and wholesa
d. Packing sheds, processing j
and commercial outlets for
crops, provided that
activities are not located k
100 feet of any lot line;
e. .Greenhouses, provided
requirements for yard setback
height as specified in Ch r
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21.07 of the code are met
3. On any class I throu
Agricultural Lands (See Exhih
the following uses are pen
conditional use permit provider
a- The use promotes and pro
the long term preserv
Coastal Agricultural Land;
b. Fulfills the requirere
findings. for a conditic
'I pernit with the city of Ca:
1- Apiary, provided t
hives or boxes hous:
shall be placed at 14
feet from any street,
park, aRu zone, or i
dwelling or place o
habitation other thz
occupied by the 01
caretaker of the apiaq
2 . Aviaries:
3. Poultry, rabbits, chinc
hamsters, and other
animals in excess t
number specified in
21.07.020.
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4- Farm employee hour
persons vorking
provided the number
shall not exceed tu0 1
acre of land area anc
housing is located clc
50 feet from any lot 1
5, Hay and feed stores;
6. Nurseries, retai
wholesale:
% 7. Packing sheds or
processing plans fa
crops, similar to thos
grovn on the pre
provided no such pro
plant is located wit
feet of any lot line;
8. Public works projects:
9. Sanitary landfills, tern]
10. Stables and riding acac
pub1 ic :
11. Botanical gardens, arbor
and other related
supporting facilities fc
display and education
agricultural and f
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products within C~I
the surrounding r-ic
12. Parmer88 markets OX
facilities for the
sale of agricultu
floral products
~arlsbad or the SUI
region: and
13. A floral auction and
facilities vhich
% financial support tcz
growers within Carls:
the surrounding region,
policy 2-2 *'MIXED-USE" DEVELOPMENT
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Intent
This policy provides conditional development standards f
area of approximately 482 acres north of Palomar Airport RI
east of Paseo del Norte including the additional 20 acres 1
Paseo del Norte and Interstate-5. (See Exhibit 4.3A ) A1
lands owned either by Carltas or Ecke or their success'
interest shall be pennitted, pursuant to approval of a
Plan or a combination of a Specific Plan and Master Plz
convert certain agricultural lands to residential and/ol
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residential (including tourist-se~i~ comnercial) deve
a means of providing supplementaW uses which will ass
retention of agricultural uses on the remaining portion
parcels. It should be noted that residential uses ar
only vhere they do not Conflict With the Airport Infl
and where they are compatible vith adjacent uses.
A. Basic Permitted Uses on Existina Leaa1 Parcel?
Where each existing legal parcel as of July 14, 1
Exhibit 4.3 .) is developed individually, permitted use
those described above in Policy 2-1 C permitted
Desiqnated Coastal Acrricultural Lands.
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B. Uses Conditionallv Permissible Pursuant to the f
of the Entire Area Subject to a Master Plaq
1. Consistent vith the Carlsbad General Plan ra
commercial (including tourist serving commercial),
non-residential uses may be developed up on to 13
the approximately 482 acre site subject to a Xastt
the entire site.
2. Development shall be clustered along Palomar Ail
Paaeo del Norte, and Cannon Road as per Exhibit 4,
3. Any amendment to the location of the developable
be required to prove that the nev area for dew
f -.
not more suitable for agriculture than the
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developable area. The intent Of this require]
cluster developent on lands least suitable for a1 . U1 r-ininq lands of aPProximat8lY 345 acres (:
4.3A.) shall as a condition Of the Waster Plan b
in agriculture for as long a8 feasible. Feasib
be determined €or the entire 345 acres cover4
restriction, Further, feasibility shall be sub!
requirements of the Xello I1 Coastal Agricultur
Zone Section 21,82,06O(c).
5, Pursuant to Section 51257 of the Government
boundaries of the lands designated for agricult
amended, I *
Item No. 6 on p'age 8 of Exhibit 'IC" which deals with the
amendment to the Local Coastal Plan -revised to follows: LLea3
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( by
6. As an interim step (prior to a complet Plan) up to a 35 acre portion of the 137 acres
OP deveLopabLe ldnd Located adjacent and ta Phase I of Carlsbad Car Country may be devel Phase I1 expansion of Carlsbad Car Country pur2
Specific Plan.
7, The. 137 acres of developable land includes any
the 482 acre site (See Exhibit 4.3A.) that
developed prior to the Haster Plan approval.
8, The bster Plan shall provide a mix location am
of land uses that are compatible with and will no
impact the long term viability of agricultural us'
9. All development shall include special treatme
either through design or through physical baz
stabilize the urban - agricultural boundaries and
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usen
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10. All tenants of devel.opable portions of the site
notified as to the mquirements of the Specific i
Plans and agricultural uses on the designated land
11. In implementing the &aster Plan all land CY
tenants within the 482! acre site shall waive an]
file nuisance claims against normal agricultural o
la. All development shall be located so as to not inte I normal agricultural ope'rations including but not
I cultivation, irrigation' and spraying.
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13. As a condition of approval of either the llaster P
Specific Plan for the :Phase XI expansion of Ca: i
Country, whichever occurs first, the proper i
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(Carltas and/or Ecke or :their successors in inter
record a deed restriction endorsed by the Coastal
or its successor in intt?rest and the City of Cax
the 345 acres of lancL1 identified on Exhibil
designated for Agricu1tuz;al uses and any modifical
shall require a XP aaenibena
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!
!h
14. It is recognized that road8 can function as buff4
- dissirilar land uses as well as providing acces
Therefore, roads may be 3.ocated entirely or parti;
at all within areas designated for agricultural
decision to include ,or exclude (either pa: i
entirely) roads shall i be a condition of tl I
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I I * As a condition to any ameutant to the developable area,
owner shall execute an ameaciuent to the deed restriction the rmdification to restricted and unrestricted lands.
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development pernit that includes the constmeiol
road-
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EXHIBIT 4.2A CARLTAS AGRfCULTuRAL LA1
I AQRICULTUAAL LANDS
...... ...... 0 ...... CLASS I-IV SOILS
._.... ...... ...... ...... ...... ....._ ......
-_ d CLASS V-VIII 90119
I - APN
211-010-11
-021-13
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j, \\MELLO k 11 SEGMENT CARLSBAD L
kcv 137 Acres of commercial/non-residential development per Carlsbad
D 345 Acres of agricultural land use
EXH I B I T "4.31
NOVEMBER 1
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LCPA EXHIBIl
Novembc
LCPA 88-1
A. The Mello 11 LCP shall be amended to incorporate the following mit measures as policies pertaining to the development of the subject property.
POLICY 2.2
15. In order to tie the.eastern and western agricultural areas t the proposed north/south road shall incorporate a grade sep at its northerly portion. The grade separation shall sufficient dimensions to allow farm vehicles and equipment freely between the east and west.
16. Concurrent with the construction of the proposed north/sou the developer shall grade area Y as shown on Exhi bit "A", to the satisfaction of the Planning Director so as to create level enough to allow the same type of agriculture that westerly of the west ridge to continue around the ridge on tl facing slopes of said ridge. In order to ensure agric
viability the developer shall amend the soils after grading 1 to be equivalent to the existing Class 111 Marina s( capability.
17. All structures to be located in the future developable arf be setback a minimum of 50 feet from the adjacent area de:
for agriculture.
18. A solid wall or fence shall be installed around the entire p'
of the developable area. The wall (Fence) shall be a mi nimu in height and shall be incorporated into the grading where fc The intent of this measure is to provide a physical barrier agricultural and urban uses. The wall or fence shall fun( both restrict uncontrolled access into agricultural areas reduce drift of dust and spray materi a1 s into urban area
perimeter wall or fence shall be constructed concurre development of the property, except that, if the road is ~ one phase, which would open the access through the agri lands, an appropriate barrier shall be incorporated a1 roadway. Alternative forms of barriers may be considered they satisfy the intent of this measure.
19. Windbreaks (landscaped) shall be installed on the dev portions to aid in reducing the effects of farm spraying
generation.
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20. Landscape plant materi a1 in the developable area shall be s for resistance to pests, particularly aphids, thrips, white spider mites. Landscape plantings shall be inspected routin presence of pests and treated as required to control them. A1 shall be eliminated by means that do not adversely agricultural crops.
21. Landscaping with herbaceous pl antings shall be discouraged they are likely to be hosts of the pests likely to invade t crops.
22. Drainage water from buildings, streets, parking areas and la in the development shall be disposed of through storm dr otherwise in a manner that will avoid any runoff onto farmin, whether planted or fallow.
23. If development of the proposed developable portion impact! rates on the agricultural land then the developer shall su the water rates to the extent that they equal farm water ra
24. The developer shall notify in a manner satisfactory to tl Attorney all tenants/users of this proposed developable porti the area is subject to dust, pesticides, and odors associat adjacent farm operations and that the tenants/users occupy t at their own risk.
25. The cost of the above mitigation measures shall be borne developer and shall not be passed on to the agricultural op (existing or future). For all agricultural land that Carlta! successor in interest chooses not to farm on a yearly b reasonable effort shall be made to offer the agricultural 1 1 ese or rent at a value equal to or less than the average pre market rents for similarly situated Coastal agricultural lar within a 30 mile radius of the Carltas property.
26. As part of a farm operator's lease, there shall be a requirt keep dirt roads watered regularly to minimize dust impacts 6 as well as on adjacent non-agricultural uses.
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