Carlsbad City Zoning Code
CHAPTER 21
202 COASTAL AGRICULTURE OVERLAY ZONE
§ 21.202.010 Intent and purpose.
The coastal agriculture overlay (CA) zone is established to implement Sections 30170(f), 30171(b), 30241, 30242 and 30250 of the California Coastal Act and the local coastal program land use plan certified on June 1981. This zone recognizes agriculture as a priority use under the Coastal Act and protects that use by establishing mechanisms to assure the continued and renewed agricultural use of agricultural lands. The local coastal program recognizes that long-term agriculture may not be feasible and establishes agriculture as an interim use. Therefore, this zone allows urban development of such lands if specific findings are made or mitigation measures are undertaken. The coastal agriculture zone is an overlay zone; no use shall be allowed on any property zoned coastal agriculture unless such use complies with the provisions of this chapter and with the provisions of any other chapters of this title which are applicable to the property.
(Ord. NS-365 § 21, 1996)
§ 21.202.020 Definitions.
For the purposes of this zone, terms used herein are defined as follows:
means those agricultural lands identified on Map x attached to the land use plan certified on September 1980. The following are the lands identified on Map x:
Approximate Acres | |
|---|---|
Site II | 377 |
Site III | 275 |
Site IV | 109 |
Lusk | 93 |
Bankers | 27 |
Hunt | 200 |
Carltas | 301.38 |
means all land which qualifies for rating as Class I through Class IV in the U.S. Department of Agriculture Soil Conservation Service Land Use Compatibility Classification.
means all land which qualified for rating as Class V through Class VIII in the U.S. Department of Agriculture Soil Conservation Service Land Use Compatibility Classification.
means the creation of any new property line whether by subdivision or other means.
means, for purposes of calculating required mitigation acreage, the parcels and acreages designated on Map x (located in the local coastal program land use plan) and the 301.38 acre Carltas property suitable for agricultural use minus the acreage in steep slopes (twenty-five percent or greater) and areas containing sensitive coastal resources that would preclude development in addition to any acreage under the control of a public entity for a public recreation or open space use.
means those urban uses which are consistent with the urban land use designation established by the Carlsbad General Plan and the local coastal program land use plan, which agricultural lands may be converted in conformance with this chapter.
means any use other than a use permitted by Section 21.202.050 including any use necessary or convenient to urban use.
(Ord. NS-365 § 21, 1996)
§ 21.202.030 Urban development of coastal agricultural land.
Coastal agricultural land may be converted from agricultural use and developed for urban use in compliance with the procedures of this chapter.
(Ord. NS-365 § 21, 1996)
§ 21.202.040 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 21.201 of this code. A master plan or a planned development permit processed according to Section 21.202.060 shall be considered a coastal permit if also processed in compliance with Chapter 21.201.
(Ord. NS-365 § 21, 1996)
§ 21.202.050 Permitted uses on agricultural lands.
The provisions of this section shall apply to any coastal agricultural land which has not been approved for development pursuant to this chapter.
A.
On any Class I through Class IV agricultural land the following uses only are permitted:
1.
Cattle, sheep, goats and swine production; provided, that the number of any one or combination of said animals shall not exceed one animal per half acre of lot area. Structures for containing animals shall not be located within fifty feet of any habitable structure on the same parcel, nor within three hundred feet of an adjoining parcel 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, or within three hundred feet of an adjoining parcel 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, tank houses, shops, barns, offices, coops, stables, corrals, and similar uses required for the conduct of the uses above.
12.
One single-family dwelling per existing legal building parcel.
B.
On any Class V through VIII agricultural land the following uses only are permitted:
(Ord. NS-365 § 21, 1996)
§ 21.202.055 Lot and yard standards-Agricultural lands.
The provisions of this section shall apply to any coastal agricultural land which has not been approved for development pursuant to this chapter.
A.
The minimum required lot area of any newly created lot shall not be less than ten acres unless the City Council finds that smaller parcel sizes will not adversely affect the agricultural use of the property.
B.
Every newly created lot shall have a minimum width of the rear line of the required front yard of not less than three hundred feet.
C.
Every lot shall have a required front yard of forty feet. Except as otherwise provided in Section 21.202.050 no building or structure shall be located on the required front yard.
D.
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 21.202.050.
E.
Every lot and building site shall have a rear yard of not less than twenty-five feet unless otherwise permitted by Section 21.202.050.
F.
No building or structure shall exceed thirty-five feet in height.
G.
Buildings and structures shall not cover more than forty percent of a lot.
(Ord. NS-365 § 21, 1996)
§ 21.202.060 Development of coastal agricultural land.
Coastal agricultural lands may be converted from agricultural to urban uses pursuant to the following procedures:
A.
Zoning Approvals:
1.
For property over one hundred acres in area a master plan shall be submitted and processed according to the provisions of Chapter 21.38 of this code. The uses permitted pursuant to the master plan shall be those permitted by the provisions of the Carlsbad general plan and certified local coastal program in effect at the time the application is submitted.
2.
For property less than one hundred acres in area, a planned development permit shall be submitted and processed pursuant to Chapter 21.45 or 21.47 of this code, whichever is applicable. The uses permitted pursuant to the planned development permit and the development standards shall be as follows:
Land Designation on Carlsbad General Plan | Permitted Uses and Development Standards |
|---|---|
Residential low density | R-1 40000 |
Residential low medium density | R-1 10000 |
Residential medium density | RD-M |
Residential medium to high density | RD-M |
Planned industrial | P-M |
(Map Y of the certified local coastal program shows existing permitted land use categories) |
B.
Development Permitted Based Upon Mitigation of Lands Zoned Coastal Agricultural. A master plan or planned development permit for urban development of lands zoned coastal agriculture shall, in addition to complying with all aspects of the city's general plan, include the following items:
1.
An enforceable, nonrevocable commitment by the property owner to preserve permanently one acre of prime agricultural land within the California coastal zone for each net impacted acre of nonprime coastal agricultural land in the local coastal program proposed for development. The preserved land shall be located in an area selected by the State Coastal Conservancy and approved by the City Council. This enforceable commitment shall require, prior to issuance of a building permit, the permanent transfer or dedication of interest in the prime agricultural land to a grantee that is a local or state agency, or a tax exempt organization qualifying under Section 501(c)(3) of the U.S. Internal Revenue Code. Grantees also shall be limited to organizations and agencies whose principal purposes are consistent with the preservation of agriculture.
2.
The following documentation pertaining to the prime agricultural land outside the local coastal program that is being permanently preserved:
a.
Parties. Identification of the grantor and grantee (i.e., property owner, and government agency or tax exempt organization having a letter determination from the IRS documenting qualification per Section 501(c)(3) of the Internal Revenue Code).
b.
Legal Description. A legal description of the prime agricultural lands being preserved.
c.
Type and Purpose of Easement. A clear statement defining the type and purpose of the easement or other form of property interest being used to protect prime agriculture. Acceptable interests include, but shall not be limited to, conservation easements, transfers in trust, common law easements, open space easements, restrictive covenants, equitable servitudes, fee ownership or any other permanent restriction approved by the City Council.
d.
Statement of Intent. A statement of intent by the grantor shall be submitted declaring an intent to protect agricultural land through the creation of easements or other interests running with the property, and a declaration of intent by the grantee to honor such grantor intent in perpetuity.
e.
Documentation. Maps, reports, aerial photographs shall be incorporated into the easement showing evidence of the agricultural lands that grantor and grantee intend to preserve.
f.
Rights, Restrictions, Permitted Uses and Reservations. Grantee shall demonstrate the necessary authority to monitor and enforce compliance with terms of the agreement as the trustee or guardian. Restrictions shall prescribe all reasonable foreseeable activities that could be potentially harmful to conservation values.
g.
Executory Limitation. Provisions for forfeiture of the easement or interest by the grantee to another qualified organization should the grantee fail to maintain the land for agricultural use, shall be included.
h.
Assignment. Grantee shall agree to hold easements or interests for conservation purposes and guarantee that he or she will not transfer the easement except to an organization qualified to hold such interests under the relevant California and federal laws and the terms of this section.
i.
Habendum Clause. The interest in property shall inure to the benefit of the grantee. All restrictions shall bind all subsequent purchasers or title holders of the restricted land and shall continue as a servitude running with the land in perpetuity.
3.
Prior to building permit issuance, the property owner shall present to the City Manager proof of dedication by grantor and acceptance by grantee of an appropriate interest in prime agricultural lands pursuant to subsection (B)(2) of this section.
C.
Urban Development of Lands Shown to be not Feasible for Continued or Renewed Agricultural Use. In lieu of the procedures established by subsection B or subsection D of this section property owners may complete an agricultural feasibility study prior to conversion of lands designated coastal agriculture. The purpose of the feasibility study shall be to determine, consistent with Section 30242 of the Coastal Act, if continued or renewed agriculture is feasible on the subject property.
1.
An applicant or group of applicants may complete an agricultural feasibility analysis for one or any combination of the following study areas:
a.
All coastal agricultural lands in the local coastal program area;
b.
Individual feasibility analyses for each of five sub-units in the local coastal program (refer to Map x; located in the local coastal program land use plan);
Approximate Acres | |
|---|---|
Site II | 377 |
Site III | 275 |
Site IV | 109 |
Lusk/Bankers Site | 120 |
Carltas Site | 301.38 |
c.
An individual study for the Hunt property may be submitted as part of a submitted master plan for each of its sub-units; or
d.
Feasibility studies may be submitted for contiguous land holdings of one hundred acres or more in single ownership.
2.
Feasibility studies submitted for the purpose of determining the viability of continued or renewed agriculture on coastal agricultural parcel(s) shall provide the following:
a.
Description of the farm unit under study including discussions of land capabilities, crop patterns, and minimum economic farm size.
b.
Investment cost analysis including cost of land for agricultural purposes.
c.
Farm unit cash flow analysis (production costs, income, etc.).
d.
Tax considerations relative to feasibility.
e.
Implications of future trends in water cost and availability, land and labor costs, and market competition.
3.
Upon completion, the agricultural study shall be submitted to the city for review and approval concurrent with the filing of a master plan or planned development permit.
a.
If the study finds that continued or renewed agriculture is feasible, the property owner has the choice of: (1) maintaining agricultural uses; or (2) proceeding with conversion and mitigation pursuant to the procedures set forth in subsection B of this section.
b.
If the feasibility study finds that continued or renewed agriculture is not feasible and City Council concurs, the city shall review the submitted master plan or planned development permit on its merits and for consistency with the other provisions of this code and the local coastal program. If City Council determines that the development is in conformance with all provisions of the code and the local coastal program, it may be approved without mitigation for conversion of agricultural land. The approved feasibility study and master plan or planned development permit approved by the city shall be prepared as a local coastal program amendment and submitted to the Coastal Commission for certification. The master plan, planned development permit or coastal permit shall not be final unless the local coastal program amendment is approved by the Coastal Commission.
D.
Agricultural Conversion Mitigation Fee and Expenditure Plan. In lieu of the procedures established by subsection B or subsection C of this section, property may be converted to urban uses upon payment of an agricultural conversion mitigation fee.
1.
This fee is separate and distinct from the mitigation fee established by Section 301717.5 of the Public Resources Code, which applies to certain properties outside the Mello I and Mello II segments of the city's local coastal program, is collected and administered by the State Coastal Conservancy and has different expenditure priorities.
2.
The amount of the fee shall be determined by the City Council at the time it considers a coastal development permit for urban development of the property. The fee shall not be less than five thousand dollars nor more than ten thousand dollars per net converted acre of agricultural land and shall reflect the approximate cost of preserving prime agricultural land pursuant to subsection B of this section. The fees shall be paid prior to the issuance of building permits for the project. All mitigation fees collected under this section shall be deposited in the City of Carlsbad LCP agricultural mitigation fees fund and shall be expended by the City of Carlsbad subject to the recommendations of an advisory committee to be established by City Council action. The advisory committee shall have city and coastal conservancy staff and community representation. The intent is not to establish priorities for program use, but rather to promote equitable distribution amongst the allowable uses outlined below. The advisory committee may also develop policies or procedures for the review of requests and the allocation of funds. The allowable uses for the agricultural mitigation fees are:
a.
Restoration of the coastal and lagoon environment including, but not limited to, acquisition, management and/or restoration involving wildlife habitat or open space preservation;
b.
Purchase and improvement of agricultural lands for continued agricultural production, or for the provision of research activities or ancillary uses necessary for the continued production of agriculture and/or aquaculture in the city's coastal zone, including, but not limited to, farm worker housing;
c.
Restoration of beaches for public use including, but not limited to local and regional sand replenishment programs, vertical and lateral beach access improvements, trails, and other beach-related improvements that enhance accessibility, and/or public use of beaches; and
d.
Improvements to existing or proposed lagoon nature centers.
E.
Site I Special Restrictions. Notwithstanding anything to the contrary in this chapter, Site I as shown on Map x shall not be converted to urban use except as specifically permitted by the local coastal program provisions for urban development of Site I.
(Ord. NS-365 § 21, 1996; Ord. NS-711 § 1, 2004; Ord. NS-752 § 1, 2005)
§ 21.202.070 Findings required before conversion to urban uses.
A.
Where a property owner has agreed to preserve prime agricultural land elsewhere in the state coastal zone pursuant to Section 21.202.060 then the City Council prior to approval of a master plan or planned development permit must find that:
1.
The conversion would preserve prime agricultural land in a manner consistent with Section 30242 of the Public Resources Code, the certified local coastal plan and this chapter.
2.
The master plan or planned development permit is consistent with the certified local coastal program.
3.
Conversion would concentrate urban development consistent with Section 30250 in areas able to accommodate it, and within or adjacent to developed areas.
4.
Conversion would be compatible with continued agriculture on adjacent agricultural lands.
5.
Consistent with the certified local coastal program and Section 30241 of the Coastal Act, conversion would contribute to limiting conversions of prime agricultural land and create stable urban/rural boundaries within prime agricultural lands located elsewhere in the coastal zone.
B.
Where a property owner has elected to complete an agricultural feasibility analysis, and the property owner and city agree, based on that analysis, that continued or renewed agriculture is not feasible on the subject lands, and a City Council approved feasibility analysis and master plan/planned development permit must incorporate city findings declaring that:
1.
Continued or renewed agriculture is not feasible on the subject parcel(s) and, consistent with Section 30242 of the Coastal Act, conversion of the parcels designated coastal agriculture in the land use plan shall not require the preservation of prime agricultural lands elsewhere in the coastal zone.
2.
Development permitted is consistent with the certified local coastal program.
3.
Permitted development is compatible with continued agriculture on adjacent agricultural lands.
C.
Where a property owner has agreed to pay an agricultural conversion mitigation fee pursuant to Section 21.202.060 then the City Council prior to approval of a master plan or planned development permit must find that:
1.
The master plan or planned development permit is consistent with the certified local coastal program.
2.
Conversion would be compatible with continued agriculture on adjacent agricultural lands.
3.
The property owner has executed an agreement to pay the fee and the agreement has been approved by the City Council.
(Ord. NS-365 § 21, 1996)
§ 21.202.075 Development on coastal agricultural lands not consistent with underlying land use designations.
Conversions of coastal agricultural lands to urban uses other than those underlying land use designations identified on Map Y may be permitted pursuant to the procedures and findings set forth in Sections 21.202.060 and 21.202.070 subject to the preparation and submission of a local coastal program amendment for Coastal Commission certification.
(Ord. NS-365 § 21, 1996)
§ 21.202.080 Proximity of urban development to existing development areas.
Urban development of agricultural lands shall be located:
A.
Contiguous with or in close proximity to existing developed areas;
B.
In areas with adequate public facilities and services;
C.
Where it will not have significant adverse effects, either individually or cumulatively, on coastal resources.
(Ord. NS-365 § 21, 1996)