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)
For the purposes of this zone, terms used herein are defined
as follows:
"Coastal agricultural lands"
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
|
"Class I-IV agricultural land"
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.
"Class V-VIII agricultural land"
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.
"Land division"
means the creation of any new property line whether by subdivision
or other means.
"Net impacted agricultural land"
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.
"Underlying land use designation"
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.
"Urban uses"
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)
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)
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)
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.
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.
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:
1. All of the permitted uses listed above.
3. Nurseries, retail and wholesale.
4. Packing sheds, processing plants and commercial outlets for farm
crops, provided that such activities are not located within one hundred
feet of any lot line.
5. Greenhouses, provided all requirements for yard setbacks and height as specified in Chapter
21.07 of this code are met.
(Ord. NS-365 § 21, 1996)
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.
H. All residential structures shall conform to the provisions of Section
21.07.120 of this code.
(Ord. NS-365 § 21, 1996)
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)
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)
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)