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HomeMy WebLinkAboutZCA 09-02; Prop D - Cannon Road Agricultural & OS Lands; Zone Code Amendment (ZCA)A CITY OF CARLSBAD ERRATA SHEET FOR AGENDA ITEM #3 Memorandum December 1, 2010 To: Planning Commission From: Gary T. Barberio, Community and Economic Development Director Re: Errata Sheet for Agenda Item #3 - ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - Prop D - Cannon Road Agricultural and Open Space Lands Since publication and release of this Planning Commission agenda item, staff discovered several corrections that need to be made, which are shown below as double strikcthrough for deleted text and bold double underline for added text. Revise staff report page 14, sentence 6 of the last paragraph to read as follows: "With approval of the proposed LCP amendment the property located on the north side Cannon Road is &G$ now subject to this program." Revise Resolution Number 6737, Exhibit "B," third page (labeled pg. "IB" on exhibit) as follows: Revise Policy 2.1 to read as follows: 2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, and the policies of this plan. Conversion of agricultural property to non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. N Revise Policy 2.3 to read as follows: 2.3 Conversion of the 45-acre SDG&E south shore property shall be subject to the following conditions: a) Prior to development SDG&E shall record a permanent open space easement over the remaining agricultural lands in favor of the City of Carlsbad. Said easement shall limit uses to agriculture, utility right of way and maintenance, roadways, and recreation trails that do not interfere with agricultural operations and other open space uses subject to the provisions of the Cannon Road Agricultural/Open Space Zone. Conversion of these remaining lands to non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 760-602-2710 760-602-8560 fax Errata Sheet for Agenda Item #3 - ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - Prop D - Cannon Road Agricultural and Open Space Lands December 1, 2010 Page 2 b) SDG&E shall provide a written report demonstrating to the satisfaction of the City, that preservation of the site is not necessary to assure reasonable expansion opportunities for the Encina Power Plant in accordance with Coastal Act Section 30413(b), and that future expansion could reasonably be accommodated at the present power plant site. Said report shall be a requirement of a future specific development plan for the property. c) Prior to issuance of a permit for development of the parcel, the owner shall make a portion of the site available for development as a public recreational use if the City finds that current or future recreational needs require the development of such uses in the south shore portion of the Land Use Plan area. d) In the event that the Carlsbad Local Coastal Plan is amended to allow for a City- sponsored agricultural program, SDG&E may apply for inclusion in the amended program. Development of the parcel with non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 1, 2010 Application complete date: N/A Project Planner: Project Engineer: Gary Barberio & Barbara Kennedy N/A SUBJECT: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(IVSP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Zone Change to add and enact Chapter 21.209 - Cannon Road-Agricultural/Open Space (CR- A/OS) Zone and amend Chapters 21.05 - Zone Establishment Boundaries and 21.06 - Qualified Development Overlay (Q) Zone; a Local Coastal Program Amendment to the Agua Hedionda and Mello II Segments of the Local Coastal Program Land Use Plan to ensure consistency between the LCP and the provisions of the new zone; and amend the Carlsbad Ranch Specific Plan - SP 207(1) and Specific Plan 144(K) to incorporate the provisions of the new Zoning Classification. The project affects approximately 244 acres of land generally located north of Palomar Airport Road, along the north and south sides of Cannon Road, east of the 1-5 Freeway and west of Faraday Avenue within the northwest quadrant of the City in Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6734 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6735, 6736, 6737, 6738, and 6739 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 09-02), Zone Change (ZC 09-06), Local Coastal Program Amendment (LCPA 09-05), Specific Plan Amendments SP 207(1) and SP 144(K) subject to the findings contained herein. II.INTRODUCTION The project consists of a Zone Code Amendment to create a new zoning classification (CR- A/OS) for the Cannon Road Agriculture and Open Space Lands together with related land use document amendments necessary to fully implement Proposition D, "Preserve the Flower and Strawberry Fields and Save Taxpayers Money" and the Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands. The project also includes amendments to existing land use documents to achieve consistency with the new zone. The new zone will apply to approximately 244 acres of land as shown on the location map. The proposed Cannon CR-A/OS Zone contains a list of permitted agriculture and open space uses, guiding principles for the uses, development and design standards and procedural requirements for the processing and approval of future development proposals in the zone. The A ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 2 Zone Change will replace the existing Open Space (OS) Zone on the affected parcels of land with the new CR-A/OS Zone. The Specific Plan Amendments will incorporate the provisions of the new CR-A/OS Zone into the existing Specific Plans (SP 207 and 144) and the proposed Local Coastal Program Amendment will incorporate the CR-A/OS provisions into the Mello II and Agua Hedionda Local Coastal Program Land Use Plans. The project consists entirely of policy actions that will regulate future development in the area in which the new zone is applied in accordance with the provisions of Proposition D. No development is proposed with this project. III. PROJECT DESCRIPTION AND BACKGROUND Background In November 2006, City of Carlsbad voters approved Proposition D, the "Preserve the Flower and Strawberry Fields and Save Taxpayers Money" measure (Prop D). The area affected by Prop D (referred to as the "Cannon Road Agriculture and Open Space Lands") encompasses approximately 300 acres of privately owned lands located east of Interstate 5 along the north and south sides of Cannon Road including the existing strawberry and flower growing agricultural areas. Prop D placed a permanent open space designation on the affected lands and strongly supported and encouraged the continuation of agriculture on the lands for as long as it remains economically viable for the private landowners. When agriculture is no longer economically viable for the landowners, only other open space uses would be allowed on the lands. Prop D included a provision requiring the City to conduct a "comprehensive planning process with broad public participation and input" to "determine the most appropriate open space, recreational and public uses for the lands, should farming become no longer economically viable." On July 10, 2007, the City Council approved a work program for engaging the community in the comprehensive planning process that was called for in Prop D. A seven-member Citizens Liaison Committee was appointed by the City Council to oversee the process and maximize public input and participation. At the end of the eight-month community engagement process, a final report was prepared which describes the comprehensive planning and community engagement process and includes recommendations relating to the implementation of Prop D. The Final Report contains a list of open space uses that the community believed would be appropriate and desirable for the lands when the private property owners determine that agriculture is no longer economically viable. Additionally, a list of recommended agricultural uses and incentives are included that could be considered by the City in order to support and promote the continuation of agriculture on the lands. Finally, the report contains a recommended set of Guiding Principles which, if implemented, would result in open space uses being developed on the lands in a manner that reflects the community's desires, values and visions for the lands. On September 23, 2008, the City Council accepted the Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands. At that meeting, the City Council adopted a Resolution of Intention (Resolution No. 2008-269) directing staff to prepare the necessary land use document amendments necessary to reflect the recommendations contained in the Final Report to implement Proposition D. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 3 Project Description There are three sites or parcels of land affected by the proposed project. Although one additional site containing the official Flower Fields® was originally included in Proposition D, the site is protected by an existing restriction that requires the continued growing of the Flower Fields®. No other uses are being planned for this site; therefore, it is not a part of the proposed actions. The sites affected by the proposed project actions are as follows: 1. The first site or parcel of land is 45.6 acres in size and is located north of the Flower Fields® with frontage along the south side of Cannon Road and the east side of Car Country Drive. This site is privately owned by the Carlsbad Ranch Company LP (Carltas Co.). The site is often confused with being part of the official Flower Fields® because the property owner also grows flowers on the site. There is no restriction to use this site for growing flowers or any other agricultural purposes. Existing land use and zoning approvals (Carlsbad Ranch Specific Plan - SP 207 and Mello II Segment of the Local Coastal Program Land Use Plan (Mello II LCP)) allow the site to be used as part of a nine-hole golf course that was originally planned for the area in which the site is located, or for agricultural uses. 2. The second site is 26.4 acres in size and is located to the east of the first site with frontage along the south side of Cannon Road and the east side of Legoland Drive. This site is privately owned by the Charles Company. Similar to the first site, the site is part of the Carlsbad Ranch Specific Plan (SP 207) and the Mello II LCP and is often used for growing flowers but there is no restriction to keep it in agricultural use. SP 207 allows the site to be used as part of a nine-hole golf course originally planned for the area, or for agricultural uses. 3. The final site contains 172 acres of land, a portion of which is presently used for strawberry fields. This site is privately owned by SDG&E and includes a small 1.4 acre property owned by the Ray & Constance Winter Trust. It is located on the north side of Cannon Road along the south shore of Agua Hedionda Lagoon. The site is part of the exiting Encina Specific Plan (SP 144) and the Agua Hedionda Segment of the Local Coastal Program Land Use Plan (Agua Hedionda LCP). These existing documents allow the site to be used for agricultural uses although a portion of the site (approximately 90 acres) is leased to the City and can be used for future recreational park purposes if the City so desires. Altogether, the three sites affected by the proposed project actions contain approximately 244 acres. In order to complete the process and achieve full implementation of Proposition D on the Cannon Road Agriculture and Open Space Lands, the following land use document amendments are required: Zone Code Amendment (ZCA 09-02) The Zone Code amendment creates a new zoning classification in Title 21 of the Carlsbad Municipal Code: Chapter 21.209 - Cannon Road Agricultural and Open Space Zone (CR-A/OS). The comprehensive planning process for Prop D included extensive community participation and input. This input, along with Proposition D, served as the foundation for preparing the new CR- A/OS zone classification. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 4 The CR-A/OS zone ensures that agricultural uses are allowed to continue on the affected lands for as long as it remains economically viable to the property owners. A list of permitted Primary and Secondary Agricultural Uses, which is a direct result of the community's input, is included in the new zone. These uses expand on the existing allowable agricultural uses, and include agricultural-related uses that could provide an economic benefit and incentive to property owners to continue to use the lands for agricultural purposes. When the landowners determine that agriculture is no longer economically viable, the zone allows only open space uses classified as Permitted Primary and Secondary Open Space Uses. This list, also based on the community's input, consists of a mixture of passive, active, and cultural open space uses that can result in economic benefit/return to the private land owner. The CR-A/OS zone includes a set of Guiding Principles that are intended to guide the planning of development and establishment of uses in the zone to create a sustainable area that balances social, economic and environmental values that are important to the community. All proposed development, uses, or grouping of uses will be reviewed for conformance with the applicable Guiding Principles (see Section 21.209.030 attached to Resolution No. 6735. ZCA 09-02 also amends Chapter 21.06 (Q) to include provisions for a Minor Site Development Plan (Minor SDP) approval process, and amends Chapter 21.05 to include the CR-A/OS Zone in Section 21.05.010-Names of Zones. Zone Change (ZC 09-06) A Zone Change is necessary to replace the existing Open Space (OS) Zone and Commercial/ Visitor Serving Overlay Zone with the new CR-A/OS zone on the affected lands. The new zone distinguishes these properties as having unique land use regulations and uses that do not apply to other areas of the city zoned for OS. Local Coastal Program Amendment (LCPA 09-05) The two sites located on the south side of Cannon Road are located within the boundaries and regulated .by the Mello II LCP Land Use Plan. The site located on the north side of Cannon Road is located within the boundaries and regulated by the Agua Hedionda LCP Land Use Plan. The purpose of the Local Coastal Program Amendment is to modify existing sections of the Mello II and Agua Hedionda Land Use Plans that are applicable to each of the specific sites in order to ensure consistency with the provisions of the CR-A/OS Zone with regard to the permitted uses, standards and procedures. Additionally, LCPA 09-05 incorporates other amended land use documents into the Local Coastal Program as described herein. The provisions of SP 207 are incorporated into the Mello II LCP to regulate the two sites on the south side of Cannon Road. The provisions of the CR-A/OS Zone will be incorporated into the applicable sections of text and exhibits. The Agua Hedionda LCP presently designates the site located on the north side of Cannon Road for exclusive agriculture use only. Several sections of the Agua Hedionda LCP are proposed to be amended in order to ensure consistency with the uses permitted by the CR-A/OS Zone and to require any development on the site to participate in the City's Agricultural Conversion Mitigation Fee Program. The staff report includes strike-out/underlined exhibits of the affected pages of the Mello II LCP Land Use Plan, Agua Hedionda LCP Land Use Plan, SP 207, and the Zoning Ordinance, and includes a revision to the LCP Zoning Map showing a change from the current OS Zone to the new CR-A/OS Zone on the affected lands. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 5 Carlsbad Ranch Specific Plan - SP 207(1) Specific Plan Amendment SP 207(1) affects Planning Area 8 of the Carlsbad Ranch Specific Plan, located south of Cannon Road. The amendment incorporates the provisions of the CR- A/OS zone, deletes references to the previously allowed golf course use on Planning Area 8, revises affected exhibits, and includes minor corrections to page references in the document. The proposed revisions are illustrated, on the affected pages, in strike-out/underline format and are included as an attachment to the draft City Council Ordinance (Exhibit X -SP 207(1)) which is attached to Planning Commission Resolution No. 6738 for SP 207(1). Encina Specific Plan 144CK) Specific Plan Amendment SP 144(K) includes lands north of Cannon Road that are subject to the CR-A/OS zone. The amendment incorporates the provisions of the new zone and revises Exhibit C. The proposed revisions are illustrated in strike-out/underline format and are included in the draft City Council Ordinance (Exhibit X- SP 144(K)) which is attached to Planning Commission Resolution 6739 for SP 144(K). Public Comments Staff met several times with SDG&E, property owners, and the farmers in order to solicit early comments on the draft CR-A/OS zone designation. The comments helped to identify the specific agricultural uses that are included in the lists of Primary and Secondary Agricultural and Open Space Uses (Section 21.209.040). Input was also given with regard to the decision-making process for projects in the CR-A/OS Zone. For example, in addition to the existing public hearing process required for Site Development Plans and Conditional Use Permits, the new zone now includes a list of project types that qualify as exemptions or which require only an administrative approval. The comments received from SDG&E representatives primarily focused on ensuring that energy transmission and distribution facilities and utility buildings /facilities that are built, operated or maintained by a public utility, to the extent that they are regulated by the Public Utilities Commission, were included in the list of permitted uses. The farmers had several comments related to allowances for seasonal and/or temporary signs for agricultural uses. The draft ordinance includes provisions for all of these items of concern. Staff also received correspondence from Clifton Williams (Latham & Watkins), representing the Charles Company, property owner of land located southeast of the intersection of Cannon Road and Legoland Drive. Mr. Williams e-mail correspondence (dated July 22, 2010) requested that a "professional care facility" be included as an accessory use to Primary Agricultural or Open Space Uses. However, because Prop D prohibits commercial and industrial-type uses in the area (other than those normally associated with farming operations and open space uses) and it specifically prohibits residential uses, staff could not support the request. Staffs response further indicated that the proposed professional care facility use is considered to be a commercial use and that it is a commercial use that is not normally associated with agricultural or open space uses. The letter from Mr. Williams (dated September 3, 2010) suggested that "not including professional care facilities in the ordinance may run afoul of the Fair Housing Act and the California Fair Employment and Housing Act." which ". . . prohibit discrimination against the provision of facilities for disabled persons, which include the elderly." The City does not need to allow for such uses in the ordinance either by right or by Conditional Use Permit, in that there ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 6 does not appear to be any disproportionate impact on the disabled in this instance since professional care facilities are already allowed in both commercial and residential zones, and no group of persons, disabled or otherwise, will be allowed to reside in the CR-A/OS Zone in a professional care facility or otherwise. The correspondence from Mr. Williams, staff responses, and other e-mail correspondence from various individuals are included as Attachment 9. No additional comments were received in response to the 6-week public notice of availability period for the associated LCPA. IV. ANALYSIS As discussed above, this project would implement Proposition D for the Cannon Road Agriculture and Open Space lands in accordance with City Council Resolution of Intention (R.O.I.) No. 2008-269. The project consists entirely of policy actions that will regulate future development on the Cannon Road Agricultural and Open Space Lands. The recommendation for approval of these actions was developed by analyzing its compliance/consistency with the following: A. Proposition D and the Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands; B. Carlsbad General Plan; C. Zoning Ordinance (Title 21); D. Carlsbad Ranch Specific Plan (SP 207 (I)) and Encina Specific Plan (SP 144(K)); and E. Local Coastal Program. A. Proposition D and the Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands The Final Report that resulted from the comprehensive planning and community engagement process required by Proposition D includes a number of recommendations that serve as the foundation for the new CR-A/OS Zone. These recommendations were arranged into three broad categories: 1) Promoting the Continuation of Agriculture on the Lands, 2) Permitted Open Space Uses for the Land, and 3) Guiding Principles for the Use of the Cannon Road Agriculture and Open Space Lands. The Guiding Principles are a key component of the recommendations and are intended to guide the planning of development and establishment of uses in the zone to create a sustainable area that balances social, economic and environmental values that are important to the community. The analysis in Section C. Zoning Ordinance (below) describes how these requirements have been integrated into in the new CR-A/OS Zone. The last component of the Final Report addresses the remaining steps to complete the comprehensive planning process and fully implement Proposition D. Proposition D authorized the City to make any amendments to existing land use and zoning documents as determined to be ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 7 necessary by the City Council in order to reflect the results of the Final Report and ensure consistency between the General Plan, the Zoning Ordinance, and any other plans, policies or ordinances. The R.O.I, adopted by the City Council directs staff to prepare the necessary land use document amendments necessary to reflect the recommendations contained in the Final Report to implement Proposition D. The actions recommended for approval in this report (ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)) for the Prop D - Cannon Road Agricultural and Open Space Lands represent this final component. Upon City Council and Coastal Commission approval of these amended documents, the comprehensive planning process will result "in achieving complete General Plan, Zoning, and Local Coastal Program consistency so that the full intent of the measure can be implemented by the City" (Section 5.3 of Prop D). B.General Plan Pursuant to State Planning Law, a City's Zoning Ordinance is one of the primary means for implementing a City's General Plan. Accordingly, any amendment to a Zoning Ordinance is required to be consistent with the applicable policies and programs of the General Plan. As described above, this proposal would add and enact Chapter 21.209 - Cannon Road Agricultural/Open Space Zone (CR-A/OS). ZCA 09-02 reflects the recommendations contained in the Final Report and reflects sound principles of good planning. The establishment of the CR-A/OS Zone is in compliance with the General Plan, as amended by the provisions of Proposition D. The new Zone Classification and the other related land use document amendments are in compliance with the goals, objectives and programs contained in the General Plan as shown in Table A below: TABLE A -GENERAL PLAN COMPLIANCE ELEMENT Land Use Land Use Land Use Open Space Open Space GOAL, OBJECTIVE, OR PROGRAM Special Planning Consideration for the affected lands. Permit only agriculture and open space uses on the lands. Prevent the premature elimination of agricultural land. Encourage agriculture as a permissible land use in areas designated as open space. Encourage and support the economic viability of agricultural land. PROPOSAL Create a new Zoning Classification to be applied to the affected lands. New Zoning Classification allows only agriculture, open space, and supportive uses. Residential uses are not permitted. Supports the continuation of agriculture on the affected lands. Allows agricultural uses on the affected lands. Allows uses supporting agriculture that provide an economic benefit to the property owners and farmers. COMPLIES? Yes Yes Yes Yes Yes ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 PageS TABLE A -GENERAL PLAN COMPLIANCE CONTINUED ELEMENT Open Space Open Space Open Space Open Space GOAL, OBJECTIVE, OR PROGRAM Provide for a variety and balance of programmed and unprogrammed open space uses. Provide for public access to open space uses except where it would impact sensitive resources or agriculture. Compliance with Habitat Management Plan. Provide a citywide trail system. PROPOSAL Permits a range of passive, active and cultural open space uses on the affected lands. Encourages public access to appropriate areas within the affected lands. Prohibits impacts to existing habitat areas. Requires interconnected trails within the affected lands. COMPLIES? Yes Yes Yes Yes C. Zoning Ordinance The comprehensive planning process for Prop D included extensive community participation and input. The community's input served as the foundation for preparing the new Cannon Road Agricultural and Open Space (CR-A/OS) Zone Classification. The following sections identify the three recommendations in the Final Report and discuss how each recommendation has been addressed in the new CR-A/OS Zone. 1. Promote the Continuation of Agriculture on the Lands The Final Report includes a list of proposed agricultural uses (described below) that are intended to promote and support the continuation of agriculture in the zone for as long as the landowners determine that it is economically viable to do so. TABLE B - AGRICULTURAL USES FINAL REPORT RECOMMENDATIONS ZONING ORDINANCE COMPLIANCE Primary Permitted Agricultural Uses: 1. Agricultural Crop Production (including floriculture and horticulture) 2. Agricultural-related Education, Research and Development Facilities 3. Community Farming (examples: leasing land to individual citizens or community groups to grow agricultural crops) 4. Farmers Market 5. Floral Trade Center (wholesale and retail) 6. Greenhouses 7. Plant Nurseries and Supplies Section 21.209.040 (Permitted Primary and Secondary Uses) includes the recommended list of permitted primary and secondary agricultural uses; indicates if the use is permitted by right or permitted by a Conditional Use Permit; and indicates if the approval process is an administrative hearing process ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 9 PROP D - CANNON ROAD TABLE B - AGRICULTURAL USES CONTINUED FINAL REPORT RECOMMENDATIONS ZONING ORDINANCE COMPLIANCE Primary Permitted Agricultural Uses. Cont'd.: 8. Tree and Seed Growing Farms 9. Vineyards and Wineries Secondary Permitted Agricultural Uses (allowed in conjunction with and on the same site as a primary permitted agricultural use(s). 1. Agricultural Distribution Facilities 2. Public Events and Activities Promoting Agriculture (examples: demonstration, special events) 3. Retail Sales of Agricultural Crops and Related Products (examples: on premise sale of crops to the public, produce store, sale of products made from crops) or Planning Commission hearing process. Secondary agricultural uses expand on the primary permitted agricultural uses and allow retail sales of agriculturally-related products and publicly-oriented uses. These uses could provide an economic benefit and incentive for the landowner to continue to use the lands for agricultural uses. 2. Permitted Open Space Uses for the Land When agriculture is no longer economically viable for the landowners, only the Open Space Uses listed in the Final Report (below) shall be permitted. TABLE C - OPEN SPACE USES FINAL REPORT RECOMMENDATIONS ZONING ORDINANCE COMPLIANCE Primary Permitted Open Space Uses 1. Amphitheater 2. Aquarium 3. Art Gallery 4. Civic and Public Gather Spaces 5. Community Learning Center 6. Community Meeting Center 7. Cultural Center 8. Dog Park 9. Gardens (public and private) (examples: botanical, rose, tea meditation) 10. Habitat Preserves and Natural Areas 11. Historic Center 12. Museum 13. Parks (public and private) 14. Performing Arts Center Section 21.209.040 (Permitted Primary and Secondary Uses) includes the recommended list of permitted primary and secondary open space uses; indicates if the use is permitted by right or permitted by a Conditional Use Permit; and indicates if the approval process is an administrative hearing process or Planning Commission hearing process. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 10 TABLE C - OPEN SPACE USES CONTINUED FINAL REPORT RECOMMENDATIONS ZONING ORDINANCE COMPLIANCE Primary Permitted Open Space Uses, Cont'd. 15. Picnic Areas 16. Sports or Recreation Center (public or private) (indoor or outdoor) (examples: tennis courts, athletic courts and fields, lawn bowling, swimming pools, boys and girls club) 17. Trails (ex: pedestrian, bicycle, nature, exercise, equestrian) Secondary Permitted Open Space Uses (allowed in conjunction with and on the same site as a primary permitted open space use(s). 1. Food Service, including restaurants and cafes 2. Retail Sales of Goods and Products related to a Primary Permitted Use 3. Public Events and Activities Related to Promoting a Primary Permitted Use Secondary open space uses expand on the primary permitted open space uses and are intended to serve the patrons of primary permitted open space uses by allowing food service, retail sales of products related to the open space use, and publicly- oriented events and activities. These uses can enhance the economic feasibility and economic benefit for the landowner to provide other community-desired open space uses. The Agricultural and Open Space Uses listed in Tables B and C are either permitted by right or by Conditional Use Permit (CUP). Uses requiring a CUP are further distinguished as either a "Minor CUP" which requires an administrative approval process by the Planning Director or a "Major CUP" which requires a Planning Commission public hearing process. Depending on the type of development proposed, other discretionary actions, such as a Coastal Development Permit or a Site Development Plan, may be required. 3. Guiding Principles for the Use of the Cannon Road Agriculture and Open Space Lands The Guiding Principles, together with the development and design standards, will help ensure that the permitted uses are appropriate and will result in achieving the community's vision for the lands as described in the Final Report. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 11 TABLE D - GUIDING PRINCIPLES FINAL REPORT RECOMMENDATIONS ZONING ORDINANCE COMPLIANCE Overarching Principles 1. Promote and support the continuation of agriculture for as long as it is economically viable for the landowner. 2. Encourage public uses, access, and community gathering places. 3. Ensure that all uses address traffic, circulation and transportation impacts. 4. Support the inclusion of open space uses that provide economic benefit to the property owners. 5. Create a sustainable area, which means an area that contains agricultural and open space uses that balance social, economic, and environmental values important to the community. Section 21.209.010 (Intent and Purpose) includes the Overarching Principles described in the Final Report. In addition, this section specifies the intent to provide for community input on the design of proposed development and uses; to protect areas of existing natural habitat in conformance with the City's HMP and Local Coastal Program; and to implement the goals and objectives of the General Plan and, in particular, the goals and objectives related to the Cannon Road Open Space, Farming and Public Use Corridor. Social Principles 1. Encourage open space uses that have a strong community orientation and that provide maximum opportunities for people to gather, interact, and socialize. 2. Create an area that is unique, vibrant and exciting by providing a diversity of open space uses. 3. Integrate art, culture and history into the uses for the area. Section 21.209.030. A.I (Guiding Principles) includes the Social Principles described in the Final Report. Economic Principles 1. Recognize that the zone consists of privately owned lands and that community desires for certain open space uses depend on economic feasibility and benefit to the property owners. 2. Support uses and other incentives that economically benefit the continuation of agriculture in the zone, including organic farming. Section 21.209.030.A.2 (Guiding principles) includes the economic principles described in the Final Report. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 12 TABLE D - GUIDING PRINCIPLES CONTINUED FINAL REPORT RECOMMENDATIONS ZONING ORDINANCE COMPLIANCE Environmental Principles 1. Balance natural open space uses with improved or developed open space uses. 2. Protect and preserve existing natural habitats and consider the restoration of disturbed areas of habitat. 3. Support public access to and along the south shore of the Agua Hedionda Lagoon at locations that minimize impacts to natural habitat. 4. Provide safe walking and biking through trails and pathways that interconnect uses and sites in the area. Section 21.209.030.A.3 (Guiding Principles) includes the Environmental Principles described in the Final Report. Implementing Principles 1. Require the continued engagement of the community for input into uses and design of new development in the area. Require that the design of new development reflect human scale (size, bulk and massing of structures); protect the environment; provide for public use, access and gathering spaces; and incorporate features that honor the historical significance of the area. 3.Allow agriculture-related uses that are more commercially oriented (e.g. amphitheater, performing arts center) in order to support the continuation of agriculture in the area. Section 21.209.070 (Pre- submittal Community Input Process) includes a procedural requirement for continued community input and participation before a development application is submitted. These elements are addressed specifically in Section 21.209.080 (Development and Design Standards) which include requirements for Lot Coverage, Building Design, Building Height, Habitat Preservation, Parking Requirements, Public Art, Public Access, and Civic and Public Gathering Spaces, Signs, and Traffic and Circulation. Section 21.209.040 (Permitted Primary and Secondary Uses) includes the list of permitted primary and secondary agricultural uses recommended in the Final Report. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 13 TABLE D - GUIDING PRINCIPLES CONTINUED FINAL REPORT RECOMMENDATIONS ZONING ORDINANCE COMPLIANCE Implementing Principles, Continued 4. Allow open space-related uses that are more commercially oriented (e.g. amphitheater, performing arts center) in order to provide an economic benefit to the private property owners. Section 21.209.040 (Permitted Primary and Secondary Uses) includes the list of permitted primary and secondary open space uses recommended in the Final Report. An integral component of any Zoning Ordinance Amendment (ZCA) is a requirement to find that the proposed text amendments are internally consistent with the procedures and standards of the rest of the Zoning Ordinance that is not proposed for amendment. In order to meet this requirement, the proposed ZCA amends Chapter 21.05 to include the CR-A/OS Zone in Section 21.05.010 - Names of Zones and amends Chapter 21.06 (Q) to include provisions for a Minor Site Development Plan (Minor SDP) approval process. The Minor SDP process allows for an administrative approval by the Planning Director for smaller development proposals related to primary or secondary agricultural or open space uses. Including a Minor SDP process encourages the retention of agricultural uses and provides direct economic benefit to property owners and/or farmers by reducing the permitting costs and the processing time associated with the current SDP process. Furthermore, certain categories of projects (see Section 21.209.060.A.I) are completely exempt from the SDP requirements. In order to be consistent with the new Zone Classification, a Zone Change (ZC 09-06) is required to revise the Zoning Map designations of the affected parcels from the Open Space (OS) Zone to the new CR-A/OS Zone. Additionally, the Commercial/Visitor-Serving (C/V-S) Overlay Zone will be removed from the affected lands on the north side of Cannon Road. The purpose of the C/V-S Overlay Zone is to provide additional regulations for commercial/visitor-serving uses. However, because the new CR-A/OS zone provides specific uses, development standards, requirements, and a community input process for the affected lands, the C/V-S Overlay Zone is no longer necessary. Lastly, Specific Plans SP 207 and SP 144 are the implementing documents for the Zoning Ordinance. By amending these two documents to be consistent with the provisions of the CR- A/OS Zone as described below, full compliance with the Zoning Ordinance will be achieved. D. Carlsbad Ranch Specific Plan - SP 207(1)) and Encina Specific Plan - SP 144(K) SP 207 and SP 144 contain the current land use and zoning regulations for the Cannon Road Agriculture and Open Space Lands. As described previously in this staff report, the Carlsbad Ranch Specific Plan (SP 207) applies to the parcels of land located on the south side of Cannon Road and the Encina Specific Plan (SP 144) applies to the land on the north side of Cannon Road. SP 207(1) and SP 144(K) would amend the applicable sections of the Specific Plans in order to provide consistency with the provisions of the proposed CR-A/OS Zone. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 14 SP 207(1) will change the allowed land uses of the two parcels on the south side of Cannon Road from golf course to the agricultural and open space uses permitted in the CR-A/OS Zone. Similarly, SP 144(K) will designate the land located on the north side of Cannon Road for agricultural and open space uses consistent with the CR-A/OS Zone. These amendments will ensure that any future development of the affected parcels will comply with the provisions of the new zone and will ensure consistency between the Specific Plans and the new zone classification. E. Local Coastal Program The City's Zoning Ordinance is one of the implementing ordinances for the Carlsbad Local Coastal Program (LCP). Because the proposed amendments to the Zoning Ordinance would apply within the City's Coastal Zone, a Local Coastal Program Amendment (LCPA 09-05) is required to ensure consistency between the City's LCP and the proposed Zone Code Amendment and Zone Change. Additionally, LCPA 09-05 implements the new zone designation (CR-A/OS) on the City's Coastal Zone Map; amends the Agua Hedionda and Mello II LCP Land Use Plans by including provisions for compliance with the CR-A/OS zone; and incorporates the amendment to the Carlsbad Ranch Specific Plan (SP 207(1) into the LCP. These amendments are necessary to maintain consistency between the City's Zoning Ordinance and its Local Coastal Program. The Mello II LCP Land Use Plan presently designates the two parcels of land located on the south side of Cannon Road for golf course use. LCPA 09-05 proposes to change the designation to agriculture and open space uses allowed under the CR-A/OS Zone. The Agua Hedionda LCP Land Use Plan presently designates the major portion of the affected parcels of land on the north side of Cannon Road to exclusive agriculture use. The other portion of the land is designated for potential community park uses. Consistent with the CR-A/OS Zone, the LCPA proposes to allow specified open space uses as well as agricultural uses on the land. The policies of the LCP emphasize topics such as preservation of agricultural lands and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. Additionally, the LCP identifies agriculture and open space as critical uses in the coastal zone. The Cannon Road Agriculture and Open Space Zone supports the continuation of agriculture on the affected lands for as long as it remains economically viable to the property owners. When agriculture is no longer economically viable, only other specified open space uses would be permitted on the lands. The two properties on the south side of Cannon Road are subject to the Agricultural Conversion Mitigation Fee Program and must pay required fees upon conversion of the land to urban uses (as defined in CMC Section 21.202.020.G). With approval of the proposed LCP amendment the property located on the north side of Cannon Road is netnow subject to this program. The proposed amendments will not adversely impact coastal resources, obstruct coastal views or otherwise damage the visual beauty of the coastal zone and are therefore consistent with the policies of the LCP. No permanent construction or development is involved with the proposed amendment. In addition, all development projects located within the CR-A/OS Zone, which also require a Coastal Development Permit, shall be required to comply with all applicable provisions and policies of the certified LCP and shall not result in significant adverse impacts to coastal resources. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 15 Therefore, the proposed LCP Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad LCP. No comments were received during the required six-week LCPA public notice of availability period (from August 6, 2010 to September 17, 2010). V. ENVIRONMENTAL REVIEW The focus of this environmental impact assessment is on the new zoning classification since all the other actions included in the "project" are being proposed in order to implement the zone. The project was reviewed for potential adverse environmental impacts in accordance with the requirements of the California Environmental Quality Act (CEQA). Since the project does not involve physical development, no significant environmental impacts are anticipated to occur. Any future development proposals will be subject to site-specific environmental review at the time of project application. Given the environmental analysis, a Notice of Intent to Adopt a Negative Declaration was posted in the newspaper and mailed to the State Clearinghouse on August 6, 2010 for public review. No comments were received during the 30-day public review and comment period (from August 6, 2010 to September 4, 2010). ATTACHMENTS: 1. Planning Commission Resolution No. 6734 (ND) 2. Planning Commission Resolution No. 6735 (ZCA) 3. Planning Commission Resolution No. 6736 (ZC) 4. Planning Commission Resolution No. 6737 (LCPA) 5. Planning Commission Resolution No. 6738 (SP 207(1)) 6. Planning Commission Resolution No. 6739 (SP 144(K)) 7. Location Map 8. Exhibit "Y" - Strike-out and underline version of the proposed Zoning Ordinance text amendments 9. Correspondence and staff responses 10. Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands 11. City Council Resolution of Intention No. 2008-269 Agua Hedionda Lagoon NOT TO SCALE ProplT- Cannon Road AG/OS LandsProp u j- c 09_06 / LCPA W 05° ;S°P 2070) / SP 14400 Exhibit "Y - ZCA 09-02" Strikeout-underline December 1, 2010 The list of Chapters contained in Title 21 of the Carlsbad Municipal Code shall be amended to list the following chapter in numerical order, which shall read as follows: 21.209 Cannon Road - Agricultural/Open Space Zone Section 21.05.010 of the Carlsbad Municipal Code is amended to read as follows: 21.05.010 Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, thirty-six classes of zones and overlay zones are established by this title to be known as follows: C-l—Neighborhood Commercial Zone C-2—General Commercial Zone C-F~Community Facilities Zone C-L—Local Shopping Center Zone C-M~Heavy Commercial-Limited Industrial Zone CR-A/OS — Cannon Road - Agricultural/Open Space Zone C-T~Commercial Tourist Zone E-A~Exclusive Agricultural Zone L-C~Limited Control Zone M—Industrial Zone O-Office Zone O-S—Open Space Zone P-C--Planned Community Zone P-M—Planned Industrial Zone P-U-Public Utility Zone R-l—One-Family Residential Zone R-2—Two-Family Residential Zone R-3~Multiple-Family Residential Zone R-A~Residential Agricultural Zone R-E—Residential Estate Zone R-P—Residential-Professional Zone R-T—Residential Tourist Zone R-W—Residential Waterway Zone RD-M—Residential Density-Multiple Zone RMHP-Residential Mobile Home Park T-C~Transportation Corridor Zone V-R~Village Review Zone BAO—Beach Area Overlay Zone Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment C/V-SO--Commercial/Visitor-Serving Overlay Zone F-P—Floodplain Overlay Zone H-O—Hospital Overlay Zone Q-Qualified Development Overlay Zone S-P—Scenic Preservation Overlay Zone. Chapter 21.06 of the Carlsbad Municipal Code is amended to read as follows: Chapter 21.06 Q QUALIFIED DEVELOPMENT OVERLAY ZONE Sections: 21.06.010 Intent and purpose. 21.06.015 Application of Q zone. 21.06.020 Permitted uses and findings of fact. 21.06.030 Site development plan requiredment. 21.06.040 Exceptions. 21.06.050 Permit appIicationApplication and fees. 21.06.060 Filing fccsNotices and hearings. 21.06.070 Transmittal to the planning commission Decision-making process. 21.06.080 Planning commJsskmdctcrminationAnnounceinent of decision and findings of fact. 21.06.090 Development standardsMailing of notice of decision. 21.06.100 Lot rcquircmcntsAppeals. 21.06.110 ConditionsExpiration. 21.06.120 Announcement of dccisionExtensions. 21.06.130 Effective date of ordcrAmendments. 21.06.140 Final site development planDevelopment standards. 21.06.150 ExpirationLot requirements. 21.06..1601-:70—Amendments to Final site development plans. 21.06.010 A. Intent and purpose. _The intent and purpose of the Q qualified development overlay zone is to supplement the underlying zoning by providing additional regulations for development within designated areas to: L(4^ Require that property development criteria are used to insure compliance with the general plan and any applicable master plan or specific plans; 2.(3) Provide that development will be compatible with surrounding developments, both existing and proposed; 3.(3) Insure that development occurs with due regard tefor environmental factors; 4.ffi Allow a property to be granted a particular zone where some or all of the permitted uses would be appropriate to the area only in certain cases with the addition of specific conditions; 5.(£) Provide for public improvements necessitated by the development; 6.(6) Promote orderly, attractive and harmonious development, and promote the general welfare by preventing the establishment of uses or erection of structures which are not properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting; 7.(7) Provide a process for the review and approval of site development plans as called for by this chapter or other provisions of this titleeede. 21.06.015 Application of Q zone. A.(a) It is intended that the Q zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following: Lf4-) Special treatment areas as indicated in the general plan; Commercial zones that are in close proximity and relationship with residentially zoned properties; 3.(3) Property proposed to be developed within a floodplain; 4.(4) Property proposed to be developed as hillside development or other physically sensitive areas; 5.(§) Property where development could be detrimental to the environment, or the health, safety and general welfare of the public. B.(b) The requirements of this chapter shall not apply to adult businesses that are located on properties in the Q zone. 21.06.020 Permitted uses and findings of fact. A.(a) Subject to the provisions of subsection 21.06.020.Bfb^ in the Q qualified development overlay zone, any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted, subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of this chapter. B.(b) Notwithstanding subsection 21.06.020.Afa), no development or use shall be permitted unless the planning director, the planning commission, or the city council on appeal, finds: L That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of this chapter, and all other applicable provisions of this code. 2.f^ That the requested development or use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the general plan, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; 3.(3) That the site for the intended development or use is adequate in size and shape to accommodate the use; 4.(3) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future uses in the neighborhood will be provided and maintained; 5.{4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use; and 6.(£) The proposed development or use meets all other specific additional findings as required by this title. For local shopping centers located in the C L local shopping center zone, such additional findings as are sot out in Chapter 21.31, Section 21.31.010(D), for new or major amendments to site development plans approved by the city council. 21.06.030 Site development plan requirement^. A. Unless specifically exempted from the requirements of this chapter, no building permit or other entitlement shall be issued for any development or use in the Q zone unless there is a valid minor site development plan or site development plan approved for the property. 21.06.040 Exceptions. A. The following developments or uses are exempted from the site development plan requirements: L{4-) One single-family residential structure may be constructed or enlarged on any residentially zoned lot; 2.(3) One office building of less than one thousand square feet may be constructed on any commercially or industrially zoned lot; 3_.(3) One enlargement of less than one thousand square feet of any existing commercial or industrial building on any commercially or industrially zoned lot. 21.06.050 Permit applicationApplication and fees. Tho planning director shall prescribe the form for sito development plan applications and may proscribe tho typo of information to be submitted. No application shall be accepted unless it complies with such requirements. The application after payment of the required fee shall bo filed with the planning director. A. An application for a minor site development plan or site development plan may be made by the owner of the property affected or the authorized agent of the owner. The application shall: L Be made in writing on a form provided by the planning director; 2. State fully the circumstances and conditions relied upon as grounds for the application; and 3. Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the planning director. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 21.06.060 Filing fccsNotices and hearings. A fee in an amount established by city council resolution shall be paid to the planning department when the sito development plan application is Filed. A. At least ten days prior to a decision on an application for a minor site development plan, the planning director shall give written notice of the application (by mail) to the project applicant, the owner of the subject real property or the owner's duly authorized agent, and to all property owners as shown on the latest equalized assessment roll within three hundred feet of the subject property. B. An application for a site development plan shall be considered at a public hearing and the planning director shall give notice of the public hearing in accordance with Chapter 21.54 of this title. 21.06.070 Transmittal to the planning commissionDecision-making process. The planning director shall transmit the application for a site development plan, together with his recommendation thereon, to the planning commission when all necessary reports and processing have boon completed. The planning commission shall hold a public hearing on the site development plan and shall announce its decision thereon by resolution. Notice of tho public hearing shall bo given pursuant to Section 21.54.060(1) of this code. When an application is relative to another discretionary permit, it may be considered by the planning commiGGion concurrent with their consideration of tho discretionary permit. A. Applications for minor site development plans or site development plans shall be acted upon in accordance with the following: 1. Minor Site Development Plan a. Any person so notified in accordance with Section 21.06.060.A of this chapter may file written comments or a written request to be heard within ten calendar days of the date of the notice. If a written request to be heard is filed, the planning director shall: i. Schedule an informal hearing (not a formal public hearing); and ii. Provide written notice to the applicant and the requestor at least five calendar days prior to the date of the informal hearing. b. An application for a minor site development plan may be approved, conditionally approved or denied by the planning director based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the informal hearing, if one is conducted. c. The planning director may approve or conditionally approve the minor site development plan if all of the findings of fact in Section 21.06.020 of this chapter are found to exist. 2. Site Development Plan - Planning Commission a. An application for certain site development plans, as identified elsewhere in this title, may be approved, conditionally approved or denied by the planning commission at a public hearing noticed in accordance with Chapter 21.54 of this title. b. The planning commission shall hear the matter, and may approve or conditionally approve the site development plan if, from the evidence presented at the hearing, all.of the findings of fact in Section 21.06.020 of this chapter are found to exist. 3. Site Development Plan - City Council a. An application for certain site development plans, as identified elsewhere in this title, may be approved, conditionally approved or denied by the city council at a public hearing noticed in accordance with Chapter 21.54 of this title. b. Before the city council decision, the planning commission shall hear and consider the application for a site development plan and shall prepare a recommendation and findings for the city council, including all matters set out in Section 21.06.020 of this chapter. The action of the planning commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. c. The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve or conditionally approve the site development plan if, from the evidence presented at the hearing, all of the findings of fact in Section 21.06.020 of this chapter are found to exist. 21.06.080 Planning commission dctcrminationAnnouncemcnt of decision and findings of fact. The planning commission may approve, conditionally approve or disapprove a sito development plan. Such determination shall be made in accord with this code, the general plan and any applicable specific plans. A. The planning director shall announce in writing (by letter) his/her decision and findings for a minor site development plan. B. The planning commission or city council shall announce its decision and findings by formal resolution. C. The announcement of a decision and findings for a minor site development plan or site development plan shall include: 1. A statement that the minor site development plan or site development plan is granted or denied; 2. The facts and reasons which, in the opinion of the planning director, planning commission or city council, make the granting or denial of the minor site development plan or site development plan necessary to carry out the provisions and general purpose of this title; 3; Such conditions and limitations as the planning director, planning commission or city council may impose in the approval of a minor site development plan or site development plan. 21.06.090 Mailing of notice of decision. A. Following the announcement of a decision approving, conditionally approving, or denying a minor site development plan or site development plan, a copy of the announcement of decision shall be mailed to the applicant at the address shown on the application filed with the planning department, and to any person who requested or spoke at an informal hearing for a minor site development, and any person who has filed a written request for a notice of decision. 21.06.100 Appeals. A. The actions of the planning director or planning commission may be appealed in accordance with Sections 21.54.140 and 21.54.150 of this title. 21.06.110 Expiration period. A. Any minor site development plan or site development plan becomes null and void if not exercised within two years of the effective date of approval, unless extended as set forth in Section 21.06.120 of this chapter. 21.06.120 Extensions. A. The planning director may administratively, without a public hearing or notice, extend the time within which the right or privilege granted under a minor site development plan or site development plan must be exercised, subject to the following: L The applicant shall submit a written request for a time extension, along with payment of the application fee contained in the most recent fee schedule adopted by the city council, prior to the expiration of a minor site development plan or site development plan; 2. The planning director shall extend a minor site development plan or site development plan for a period of two additional years if the following findings are made: a. Conditions have not substantially changed since the approval of the minor site development plan or site development plan; and b. The project remains consistent with the findings of fact set forth in Section 21.06.020.B of this chapter, and all other applicable findings of this title. 3. The planning director may grant no more than three, two-year extensions, for a total cumulative time extension of six years. 4. In granting an extension of a minor site development plan or site development plan, the planning director may impose new conditions and may revise existing conditions. D. The planning director shall announce in writing (by letter) his/her decision to grant or deny an extension of a minor site development plan or site development plan. A copy of the letter announcing the planning director's decision shall be mailed to the applicant at the address shown on the application filed with the planning department and to any person who has filed a written request to receive such notice of decision. 21.06.130 Amendments. A. Any approved minor site development plan or site development plan may be amended by following the same procedure as for approval of a minor site development plan or site development plan, and upon payment of the application fee contained in the most recent fee schedule adopted by the city council. B. An amendment for a site development plan for a local shopping center shall be processed in accordance with Section 21.31.050 of this title. C. In granting an amendment, the decision maker may impose new conditions and may revise existing conditions. 21.06.140090 Development standards. A; Property in the Q zone shall be subject to the development standards required in the underlying zone and any applicable master plan or specific plans, except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified in the underlying zone or elsewhere, provided that the project is in conformity with the general plan and adopted policies and goals of the city, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density. In addition, the planning director in approving a minor site development plan, or the planning commission or the city council in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that include provisions for, but are not limited to, the following: I_.f4^ Special setbacks, yards, active or passive open space, required as part of the entitlement process; 2.(2) Special height and bulk of building regulations; 3.(5) Fences and walls; 4.(4) Regulation of signs; 5.(§) Additional landscaping; 6.(6) Special grading restrictions; 7.(7) Requiring street dedication and improvements (or posting of bonds); 8.(8) Requiring public improvements either on or off the subject site that are needed to service the proposed development; 9.(9) Time period within which the project or any phases of the project shall be completed; 10.f4-£) Regulation of point of ingress and egress; 11.R44 Architecture, color, texture, materials and adornments; 12.{43) Such other conditions as deemed necessary to insure conformity with the general plan and other adopted policies, goals or objectives of the city. 21.06.150400 Lot requirements. A. The Q zone may be placed on any size or dimensioned, legally created lot. 21.06.110 Conditions. Tho planning commission or city council on appeal may impose such conditions on the applicant and tho permit as are determined necessary, consistent with the provisions of this chapter, the general plan and any applicable specific plans. 21.06.120 Announcement of decision. Tho planning commission shall announce its decision by resolution and shall order tho plan approved or denied. If such resolution grants approval of a site development plan, it shall also rccito such conditions, requirements, design criteria or development standards as tho commission may impose. 21.06.130 Effective date of order. Tho offoctivo date of tho planning commission's decision and method for appeal of such decision shall be governed by Section 21.54.150 of this code. 21.06.160440 Final site development plan. A. After approval, the applicant shall submit a reproducible copy of the minor site development plan or site development plan which incorporates all requirements of the approval to the planning director for signature. Prior to signing the final minor site development plan or site development plan, the planning director shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed. B. The final signed site development plan shall be the official site layout plan for the property and shall be attached to any application for a grading and/or a building permit on the subject property. 21.06.150 Expiration. A site development plan shall expire and be of no further force and effect if building permits are not issued and kept active within the time specified in tho resolution of approval or if no time is specified within one year from tho date of approval. 21.06.170 Amendments to site development plans. Amendments to a site development plan may bo initiated by tho property owner or an authorized agont. An application for amendment of an existing site development plan shall be processed, hoard and determined in the same manner as an application for a new site development plan, except as provided in Section 21.31.050 for a site development plan for a local shopping center. When necessary, tho amendment shall be accompanied by an amendment to any related permit or map that is affected by the amendment. Chapter 21.209 is proposed to be added to Carlsbad Municipal Code Title 21, as follows: Chapter 21.209 CR-A/OS CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE Sections: 21.209.010 Intent and purpose. 21.209.020 Definitions. 21.209.030 Guiding principles for permitted uses. 21.209.040 Permitted primary and secondary uses. 21.209.050 Conditional use permit requirement. 21.209.060 Site development plan requirement. 21.209.070 Pre-submittal community input process. 21.209.080 Development and design standards. 21.209.090 Severability. 21.209.010 Intent and purpose. A. The intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone is to: 1. Promote and support the continuation of agriculture in the zone for as long as the landowners determine that it is economically viable to do so; 2. Encourage public uses, access, and community gathering places; 3. Ensure that all uses in the zone address traffic, circulation and transportation impacts; 4. Provide for agricultural and other active, passive, and cultural open space uses in the zone that provide economic benefit to the landowners as set forth in Table A of this chapter; 5. Create a sustainable area, which means an area that contains agricultural and open space uses that balance social, economic, and environmental values important to the community; 6. Provide for community input on the design of proposed development and uses; 7. Protect areas of existing natural habitat in conformance with the city's habitat management plan and local coastal program; and 8. Implement the goals and objectives of the general plan. In particular, the goals and objectives related to the Cannon Road Open Space, Farming and Public use Corridor. 21.209.020 Definitions. A. Whenever the following terms are used in this chapter, they shall have the following meaning established by this section: 1. "Primary use" means a use that is not required to be developed in conjunction with or on the same site, lot, or parcel of land as another permitted and/or secondary use. 2. "Secondary use" means a use that is permitted only if developed in conjunction with and/or in support of at least one primary use. 21.209.030 Guiding principles. A. The following principles, as set forth below, are intended to guide the planning of development and establishment of uses in the zone to create a sustainable area that balances social, economic and environmental values that are important to the community. All proposed development, uses, or grouping of uses shall be reviewed for conformance with the applicable guiding principles. 1. Social principles. a. Encourage open space uses that have a strong community orientation and that provide maximum opportunities for people to gather, interact, and socialize. b. Create an area that is unique, vibrant and exciting by providing a diversity of open space uses. c. Integrate art, culture and history into the agricultural and open space uses permitted in the zone. 2. Economic principles. a. Recognize that the zone consists of privately owned lands and that community desires for certain open space uses depend on economic feasibility and benefit to the property owners. b. Support uses that economically benefit the continuation of agriculture in the zone, including organic farming. 3. Environmental principles. a. Balance natural open space uses with improved or developed open space uses. b. Protect and preserve existing natural habitats and encourage the restoration of disturbed areas of habitat. c. Support public access to and along the south shore of the Agua Hedionda Lagoon at locations that avoid and/or minimize impacts to natural habitat. d. Provide safe walking and biking through trails and pathways that interconnect uses and sites in the zone. 21.209.040 Permitted primary and secondary uses. A. In the CR-A/OS zone, notwithstanding any other provisions of this title, only the uses listed in Table A, below, shall be permitted. B. Uses similar to those listed in Table A may be permitted if the Planning Director determines such similar use falls within the intent and purpose of this zone. C. The establishment and continuation of agricultural uses in the zone is encouraged for as long as the land owners determine that it is economically viable. When agriculture is no longer economically viable for the landowners, only the other open space uses listed in Table A shall be permitted. Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities P X CUP 1 Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission Vineyards and wineries X X X X X X X 1 2 1 Secondary Agricultural Uses Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of agricultural crops and related products limited to a cumulative area of 1,000 square feet or less (examples: on- premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) Retail sales of agricultural crops and related products with a cumulative area of more than 1 ,000 square feet (examples: on-premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) P X X CUP 2 1 1 Open Space Uses Primary Open Space Uses Amphitheater Aquarium Art gallery Civic and public gathering spaces (examples: art display, gazebos, public plazas, sitting areas, water features, wedding areas) Community learning center (excluding "educational institution or school" as defined in Section 21.04.140) Community meeting center (excluding a city hall or civic center) P X CUP 2 1 1 1 1 Cultural center Dog park Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto Gardens (public or private) (examples: botanical, rose, tea, and meditation gardens) Habitat preserves and natural areas Historic center Museum Parks (public or private) Performing arts center Picnic areas Sports or recreation center (public or private) (indoor or outdoor) (examples: athletic courts and fields, boys and girls club, lawn bowling, swimming pools, tennis courts ) Trails (examples: bicycle, exercise, equestrian, nature, pedestrian) .Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission X X X X 1 1 1 1 1 1 2 1 2 Secondary Open Space Uses Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet P X X X CUP 1 1 1 Notes: 1. Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. 2. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales Location permits as appropriate. 21.209.050 Conditional use permit requirement. A. Decision-making process. The conditionally permitted primary and secondary uses, as indicated in Table A, shall be processed in accordance with the applicable provisions of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) of this title and the requisite findings therein. B. Finding of fact. In addition to the findings for approving a minor conditional use permit or a conditional use permit as set out in Chapter 21.42, a finding shall be made that: 1. The proposed use or grouping of uses implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.010 of this chapter. 2. The proposed use or grouping of uses conforms to the applicable guiding principles contained in Section 21.209.030 of this chapter. 3. The proposed development complies with the applicable development and design standards contained in Section 21.209.080 of this chapter. 4. Feasible and appropriate public art, public access, and civic and public gathering space elements have been incorporated into the design of the proposed development. 21.209.060 Site development plan requirement. A. A site development plan shall be required for development in the zone as noted below. 1. Exemptions. The following types of development are exempt from the requirement for a minor site development plan or site development plan: a. Structures associated with primary or secondary agricultural uses which include: i. Structures containing a cumulative area of 2,000 square feet or less. ii. Greenhouses or plant protection (shade, wind, etc.) structures containing a cumulative area of 10,000 square feet or less. iii. Temporary or seasonal plant protection (shade, wind, etc.) structures. Temporary or seasonal as used herein shall mean a structure that is in place for no more than 180 days in any 12 month period. iv. Open shade structures (gazebo, trellis, patio cover, etc.) containing a cumulative area of 1,000 square feet or less. b. Structures associated with primary or secondary open space uses which include: 1. Structures containing a cumulative area of 1,000 square feet or less. ii. Open shade structures containing a cumulative area of 1,000 square feet or less. 2. Minor Site Development Plan. A minor site development plan shall be required for the following: a. Structures associated with primary or secondary agricultural uses which include: i. Structures containing a cumulative area of more than 2,000 square feet and up to 10,000 square feet. ii. Greenhouses or plant protection structures containing a cumulative area of more than 10,000 square feet and up to 50,000 square feet. b. Structures associated with primary or secondary open space uses which include: i. Structures containing a cumulative area of more than 1,000 square feet and up to 5,000 square feet. ii. Open shade structures containing a cumulative area of more than 1,000 square feet and up to 5,000 square feet. 3. Site Development Plan. A site development plan shall be required for, but not limited to, the following: a. Structures associated with primary or secondary agricultural uses which include: i. Structures containing a cumulative area of more than 10,000 square feet. ii. Greenhouses or shade structures containing a cumulative area of more than 50,000 square feet. b. Structures associated with primary or secondary open space uses which include: i. Structures containing a cumulative area of more than 5,000 square feet. ii. Open shade structures containing a cumulative area of more than 5,000 square feet. B. Decision-making process. 1. A minor site development plan shall be processed in accordance with the applicable provisions of Chapter 21.06 (Q-Qualified Development Overlay Zone) and Section 21.209.060(0) of this title, including the requisite findings therein. The Planning Director shall be the decision maker for a minor site development plan required by this chapter. 2. A site development plan shall be processed in accordance with the applicable provisions of Chapter 21.06 (Q-Qualified Development Overlay Zone) and Section 21.209.060(0) of this title, including the requisite findings therein. The Planning Commission shall be the decision maker for a site development plan required by this chapter. C. Findings of fact. In addition to the findings for approving a minor site development plan or site development plan as set out in Chapter 21.06, findings shall be made that: 1. The proposed development implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.010 of this chapter. 2. The proposed development conforms to the applicable guiding principles contained in Section 21.209.030 of this chapter. 3. The proposed development complies with the applicable development and design standards contained in Section 21.209.080 of this chapter. 4. Feasible and appropriate public art, public access, and civic and public gathering space elements have been incorporated into the design of the proposed development. 21.209.070 Pre-submittal community input process. A. Prior to the submittal of a minor site development plan, site development plan, minor conditional use permit, and/or conditional use permit application for a proposed development, uses, or grouping of uses, the applicant shall submit to the Planning Director a proposed strategy for allowing the community to provide pre-submittal input on the proposed development, uses, or grouping of uses. B. , The strategy shall include at least one publicly noticed community workshop or similar event. C. The public outreach must be completed prior to submitting a formal application. D. The application submittal shall be accompanied by a written description of the outcome of the community input strategy, description of public noticing, and any features of the proposed development, uses, or grouping of uses that have resulted from the community input. 21.209.080 Development and design standards. A. Lot Coverage. 1. Lot coverage shall not exceed 50% of the lot. B. Lot Area, minimum 1. There shall be no minimum lot area established for the CR-A/OS zone district. The size of the lot shall be dependent upon the existing or proposed use. C. Building Design. 1. The design of all buildings in a proposed development shall reflect a human scale (proportionate and attention to details) in terms of the size, bulk and massing of structures. D. Building Height. 1. No building or structure shall exceed twenty-five feet in height unless a higher building height is authorized through a minor site development plan or site development plan approval. 2. In approving the increased building height, the decision maker shall determine that the buildings or structures require an increased height in order to provide the function needed for the development, use, or grouping of uses that the building is intended to serve. 3. The height of accessory buildings shall not exceed twenty-five feet. E. Habitat Preservation. 1. Consistent with guiding principle 21.209.030.A.3.b contained in this chapter, proposed development shall be consistent with the city's habitat management plan and shall conform to the applicable provisions of Chapter 21.210 and the local coastal program. Restoration of disturbed habitat shall be encouraged for proposed development located adjacent to existing preserve areas. F. Parking Requirements. 1. Off-street parking requirements for proposed uses in the zone shall be governed by Chapter 21.44 of this title. 2. Where a parking requirement for a use permitted in the zone is not specifically identified in Chapter 21.44, the Planning Director shall determine which use identified in Chapter 21.44 is the most similar to the use being proposed in the zone and that parking requirement shall apply. 3. As an alternative, a parking study may be submitted by the applicant for a proposed development, use, or group of uses in the zone for review by the Planning Director in order to determine an appropriate parking requirement. G. Public Art. 1. Any development proposal that requires a minor site development plan or a site development plan, and/or a minor conditional use permit or conditional use permit shall incorporate feasible and appropriate public art elements into the design of the proposed development. 2. Art elements may include, but are not limited to, art features on building facades, freestanding sculptures or structures, and mosaics or paintings on public furniture (i.e. benches, fountains, gazebos). 3. Art elements are encouraged to reflect the cultural, historical and agricultural significance and heritage of the zone. H. Public Access. 1. Any development proposal that requires a minor site development plan or a site development plan, and/or a minor conditional use permit or conditional use permit shall incorporate feasible and appropriate public access elements for walking and bicycling that interconnect uses and sites in the zone. I. Civic and Public Gathering Places. 1. Any development proposal that requires a minor site development plan or a site development plan, and/or a minor conditional use permit or conditional use permit shall incorporate feasible and appropriate civic and public gathering place elements into the design of the proposed development. Civic gathering places may include, but are not limited to, such things as art display areas, gazebos, public plazas, sitting areas, water features, and wedding areas. J. Signs. 1. Except as otherwise provided in this section, signs shall be permitted in the zone according to the provisions of Chapter 21.41 of this title. 2. The design of all permitted signs in the zone is encouraged to reflect aspects of the cultural, historical, and agricultural significance and heritage of the zone. 3. Temporary or seasonal signs shall be permitted on a project site for primary and secondary agricultural uses as allowed in Section 21.209.040 of this chapter, subject to the approval of a sign permit consistent with Section 21.41.050 of this title. The total sign area allowable for temporary or seasonal signs shall be limited to a maximum of 160 square feet per project site and a maximum of 32 square feet per individual sign. K. Traffic and Circulation. 1. A traffic and circulation study shall be submitted, pursuant to the City's circulation impact analysis thresholds, in conjunction with all proposals for new development, uses, or grouping of uses in the zone that require a minor site development plan, site development plan, minor conditional use permit, or conditional use permit, except for the establishment or expansion of agricultural crop production. The study shall analyze how the proposal affects previously-approved traffic (ADT) projections for the local facilities management zone in which the proposal is located. If the study shows that previous projections are being exceeded as a result of proposed development, uses, or grouping of uses, the study shall identify traffic and circulation improvements that must be constructed to accommodate additional traffic in the zone. 2. The requirement for a traffic and circulation study may be waived at the discretion of the City Engineer and Planning Director. 21.209.090 Severability. A. If any section, subsection, sentence, clause, phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The city council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. ATTACHMENT 9 Barbara Kennedy From: Love, Ruth B. [RLove@semprautilities.com] Sent: Friday, June 25, 2010 2:23 PM To: Barbara Kennedy Cc: Gary Barberio; Fair, Pam; Mitchell, Eugene; Taylor, David G.; Gomez, Lisa; Frost, Grant; Siino, David S.; Seifert, Jim; Sykes, Jeffery; Valenzuela, Claudia; de Llanos, Estela; Dana, Molly M. Subject: SDG&E's comments to Prop D Implementing Ordinance Attachments: Chapter 21 209 FinalDraft (2) SDGE Comments.doc.docx; Errata Sheet 6-15-05.doc Hi Barbara, as you see from the cc's on this note, many of us have reviewed the draft ordinance. Our comments are limited to the definition of energy facilities in Table A. Please see the redline of the ordinance attached. But we'd like to add some explanation. In reviewing notes from past proceedings with the City, particularly updates and amendments to your various zone codes, our attorneys had worked with Jane Mobaldi and arrived at good language that the City has acknowledged the jurisdiction of the California Public Utilities. An example is attached. We believe this language now is contained in many of the zoning chapters. And, we referred to this language is when drafting the edits to Table A of the pending ordinance. Lastly, in our discussions we were reminded that Poseidon Resources has asked for easement rights along the southerly edge of the SDG&E property adjacent to Cannon Road for the Poseidon distribution pipeline. The City may want to consider provision in Table A for those types of infrastructure. Is the City planning on having another meeting with property owners/stakeholders on this ordinance? We of course are interested in speaking with you after you've had the opportunity to review and discuss the attached. Thanks, Ruth Love Principal Real Estate Advisor San Diego Gas & Electric Company 8335 Century Park Court, CP 11D San Diego, CA 92123-1569 Telephone: 858-637-3738 Fax: 858-637-3766 rlove@semprautilities.com Barbara Kennedy From: Barbara Kennedy Sent: Thursday, August 05, 2010 8:23 AM To: 'Love, Ruth B.1 Cc: Gary Barberio Subject: RE: Prop D Implementation Ordinance Attachments: Chapter 21.209.FINAL.DRAFT.pdf; CMC Chapter 21 06 .underline- strikeout. Fl NAL. DRAFT.pdf Hi Ruth- Your recommended changes were incorporated into the final draft document. Please note that they are in alphabetical order, so the heading of "Utility buildings" is at the end of the list. Please let me know if you have any questions. bk Barbara Kennedy, AICP Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Email: barbara.kennedv@carlsbadca.gov Phone: 760.602.4626 FAX: 760.602.8559 Please don't print tbi* «-mai( unless it's necessary, From: Love, Ruth B. [mailto:RLove@semprautilities.com1 Sent: Tuesday, August 03, 2010 1:36 PM To: Gary Barberio; Barbara Kennedy Cc: Seifert, Jim; Valenzuela, Claudia; Frost, Grant; Siino, David S.; de Llanos, Estela; Taylor, Bruce R Subject: Prop D Implementation Ordinance Hi Gary, I forgot to ask you when we talked last week about the schedule for the ordinance. I see where the Notice of Intent to Adopt a Negative Declaration will be published this Friday and comments invited through September 5lh. And it appears from that notice that the City is making available a copy of the proposed documents. So that leads to the matter of the City's response to the suggested comments we had to the draft ordinance - we submitted these on June 25'" and at that time asked if there was going to be another meeting? Have not heard anything back from you. Were those edits incorporated? Is there going to be another meeting of the affected property owners and tenants? Thanks in advance for the update. Ruth Love u DRAFT oC ate-*ectio J. Signs. / 1. Except as o/herwise provided irvtbie-*§ction, signs shall be permitted in the zone according to the/provisions of Chapter 21.41 of this title. 4-2L The design! of all permitted/signs in the zone is encouraged to reflect- aspects of the cultural, historical, and agricultural significance and heritage of the zone. 4-rS. Temporary/signs shall bjfe permitted on a project site for primary and secondary agricultural uses as alloweaf in Section 21.209.040 of this chapter, subject to the approval of a sign permit consistent with Section 21.41.050 of this title. The total sign area allowable for temporary-signs shall be limited to a maximum of 160 square feet per project site and a maximum of 32 square feet per individual sign. K. Traffic and Circulation. 1. A traffic and circulation study shall be submitted, pursuant to the City's circulation impact analysis thresholds, in conjunction with all proposals for new development, uses, or grouping of uses in the zone that require a minor site development plan, site development plan, minor conditional use permit, or conditional use permit, except for the establishment or expansion of agricultural crop production. The study shall analyze how the proposal affects previously-approved traffic (ADT) projections for the local facilities management zone in which the proposal is located. If the study shows that previous projections are being exceeded as a result of proposed development, uses, or grouping of uses, the study shall identify traffic and circulation improvements that must be constructed to accommodate additional traffic in the zone. 4^2. The requirement for a traffic and circulation study may be waived at the* discretion of the City Engineer and Planning Director. 21.209.090 Severability. A. If any section, subsection, sentence, clause, phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The city council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. Formatted: Bullets and Numbering I Formatted: Bullets and Numbering The list of chapters at the beginning of Title 21 is amended to add the following in numerical order to the existing list of chapters: 21.209 CR-A/OS Cannon Road Agricultural/Open Space Zone Carlsbad Municipal Code Section 21.05.010 (Zone Establishment - Boundaries) is amended to add the following in alphabetical order to the existing list of names of zones: Barbara Kennedy From: Chris Calkins [ccc@carltas.com] Sent: Thursday, June 24, 2010 2:41 PM To: Gary Barberio Cc: Barbara Kennedy Subject: Draft documents for implementation of Proposition D As you suggested I am generally pleased with the effort-1 think you have gone a long way to try and create a framework which is reasonably encouraging. A couple of questions: 1. Where did the art and public gathering space requirement come from? Is there now a % for art program? 2. 21.209.030 A.2.b- shouldn't organic farming be preceded by "including but not limitied to" 3. 21.209.050 B- taken in the context of the variety of purposes and intent, I think somewhere it should be made clear that not every project will satisfy every objective. 4. 21.06.140- Shouldn't there be some statement about reasonably imposed conditions? I am sensitive about this because we were held hostage on the Armstrong nursery permit until we agreed to dedicate more than a full lane from Armada to Paseo Del Norte- a dedication that had at best a tangential relationship to the project, but we had to make the Armstrong project work or we lost the ability to keep the growing operation alive. Chris From: Barbara Kennedy [mailto:Barbara.Kennedy@carlsbadca.gov] Sent: Tuesday, June 22, 2010 2:18 PM To: Chris Calkins Subject: FW: Draft documents for implementation of Proposition D Hi Chris- Thanks for sending me your e-mail address. I wasn't sure if someone had forwarded the documents to you. So in case you don't have them, here they are. Thanks again- bk From: Barbara Kennedy Sent: Wednesday, June 16, 2010 3:43 PM To: rlove@semprautilities.com; Chris Calkins (ccalkins@eckeranch.com); Arman Gabray (arman@charles-company.com) Cc: David de Cordova; Gary Barberio Subject: Draft documents for implementation of Proposition D Hello everyone- Attached is the most recent version of the new zoning ordinance for the Prop D lands (Cannon Road-Agriculture/Open Space Zone - CR-A/OS) and revisions to the "Q" overlay zone. The "Q" overlay zone, which lays out the process for a Site Development Plan (SDP) review, was revised to include a process for a MINOR SDP. The CR-A/OS zone was designed to allow certain uses and developments to be approved through a Minor SDP review. However, because the minor SDP process is not currently in place, we needed to create a new process. The Minor SDP review will be a significantly less costly and much faster process with administrative approval by the planning director and no public hearing. We have also taken your suggestions from the last meeting and incorporated them into this version of the CR-A/OS zone. So we are now at the point where we would like to put the documents out for public review, but we wanted to give you all a chance to review the documents first. So if you will, please take a look at the attached documents and send/email your comments to Barbara.kennedv@carlsbadca.gov by June 25th. If any of you would like to set up a meeting to discuss the documents, please let me know and I would be happy to make arrangements. Thank you so much and please let me know if you have any questions. bk Barbara Kennedy, Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Email : barbara.kennedy@carlsbadca.gov Phone: 760.602.4626 FAX: 760.602.8559 Please don't print this e-mail unless it's necessary. 1. Where did the art and public gathering space requirement come from? Is there now a % for art program? This requirement comes from the Guiding Principles accepted by the City Council in the Prop D Final Report as follows: • Overarching Principle No. 2: "Encourage public uses, access and community gathering places." • Social Principle No. 1: "Encourage open space uses that have a strong community orientation and that provide maximum opportunities for people to gather, interact and socialize." • Social Principle No. 3: "Integrate art, culture and history into the uses for the area." There are no percentage requirements for art or public gathering spaces. Each project will be evaluated for integrating art and public gathering space elements that are "feasible and appropriate" as stated in 21.209.050.B.4, 21.209.0060.C.4, and 21.209.080.G and I. 2. 21.290.030 A.2.b Shouldn't organic farming be preceded by "including but not limited to"? This item relates to Economic Principle No. 2: "Support uses and other incentives that economically benefit the continuation of agriculture including organic farming." The included language is exactly as drafted and accepted by the City Council in the Prop D Final Report. In addition, it is unnecessary to state "including but not limited to" because it is redundant to "continuation of agriculture" which is inclusive of all other forms of agriculture. 3. 21.209.050 B- taken in the context of the variety of purposes and intent, I think somewhere it should be made clear that not every project will satisfy every objective. Requiring a "Finding of Fact" that a proposed Conditional Use Permit implements the intent and purpose of the zone is standard and not unusual, and it is reasonable to expect that a conditionally allowed use should be consistent with the intent and purpose of the zone. That being said, it is not expected that it will be difficult or excessively challenging for the Conditional Uses listed in Table A of Section 21.209.040 to meet the intent and purpose of the zone as the Conditional Use list is very limited and has been specifically created and tailored to this new and very unique Agricultural/Open Space Zone. 4. 21.06.14- Shouldn't there be some statement about reasonably imposed conditions? I am sensitive about this because we were held hostage on the Armstrong nursery permit until we agreed to dedicate more than a full lane from Armada to Paseo Del Norte- a dedication that had a best a tangential relationship to the project, but we had to make the Armstrong project work or we lost the ability to keep the growing operation alive. The City may impose exactions or conditions on project approvals. However, there must be a "nexus" or link between the impacts resulting from the development and the exactions that are imposed. In addition, the exactions or conditions must be in "rough proportionality" to the project impact. This ensures that exactions or conditions are "reasonably imposed" as you suggest, and not arbitrary, excessive, or unrelated to the project impacts. Barbara Kennedy From: Clifton.Williams@lw.com Sent: Thursday, July 22, 2010 1:33 PM To: Gary Barberio; Barbara Kennedy Cc: CHRISTOPHER.GARRETT@LW.com Subject: Charles Company Comments on Cannon OS Zone Ordinance Attachments: Draft Cannon Zone Ordinance 4.DOCX; Draft Cannon Zone Ordinance 1 .DOCX; Draft Cannon Zone Ordinance 2.DOCX; Draft Cannon Zone Ordinance 3.DOCX Gary / Barbara: I apologize that it has taken us some time to provide you feedback on the ordinance. Gary, thank you for your call yesterday. Attached are 4 versions of the ordinance with revisions (in tracked changes) that we believe would allow for a professional care facility as an accessory use to Primary Agricultural or Open Space Uses. We have a concept that would create interaction between the professional care facility patrons, and the agricultural or open spaces uses as a therapeutic pursuit. The agriculture, gardens or open space uses would be tailored to provide public use and access to the open space and Ag areas of the property, and would likely invite interaction with the care facility. I discussed this potential concept with Barbara and we would be very interested in meeting with you to lay out the full concept. We would hope that this language or language like this can be included in the ordinance. I have a call into Gary to give context to our comments. CLIP Clif Williams Land Use Analyst LATHAM & WATKINSLLP 600 West Broadway, Suite 1800 San Diego, CA 92101-3375 Direct Dial: +1.619.238.2908 Fax:+1.619.696.7419 Email: clifton.williams(a)lw.com http://www.lw.com «Draft Cannon Zone Ordinance 4.DOCX» «Draft Cannon Zone Ordinance 1.DOCX» «Draft Cannon Zone Ordinance 2.DOCX» «Draft Cannon Zone Ordinance 3.DOCX» To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used, and cannot be used by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. For more information please go to http://www.Iw.com/docs/irs.pdf This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. Latham & Watkins LLP DRAFT Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups qrowinq agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Vineyards and wineries P X X X X X X X CUP 1 1 2 1 Secondary Agricultural Uses Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) A non-residential Professional Care Facility (as defined in Section 1569.2 of the Cal. Health & Safety Code) which is determined bv the Planninq Commission to be essential to provide the economic benefits necessary to compensate for P n X CUP 2 14 2 DRAFT the long-term preservation and operation of the primary Agricultural for OS1 uses on the site. The primary use shall occupy a minimum of % of the site. Retail sales of agricultural crops and related products limited to a cumulative area of 1 ,000 square feet or less (examples: on premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) Retail sales of agricultural crops and related products with a cumulative area of more than 1 ,000 square feet (examples: on premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) X 1 Open Space Uses Primary Open Space Uses Amphitheater Aquarium Art gallery Civic and public gathering spaces (examples: art display, gazebos, public plazas, sitting areas, water features, wedding areas) Community learning center (excluding "educational institution or school" as defined in Section 21.04.140) Community meeting center (excluding a city hall or civic center) Cultural center Dog park Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Gardens (public or private) (examples: botanical, rose, tea, and meditation gardens Habitat preserves and natural areas Historic center Museum Parks (public or private) Performing arts center Picnic areas Sports or recreation center (public or private) (indoor or outdoor) (examples: athletic courts and fields, boys and girls club, lawn bowling, swimming pools, tennis courts ) Trails (examples: bicycle, exercise, equestrian, nature, P X X X X CUP 2 1 1 1 1 1 1 1 1 1 1 2 1 2 DRAFT Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural cropjDroduction use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies ^retail) Tree and seed growing farms Vineyards and wineries Secondary Agricultural Uses ^Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Professional Care Facility1 where at least % of the property is preserved for a Primary Aaricultural Use. P X X X X X X X P X CUP 1 1 2 1 CUP 2 14 2 1 As defined in Section 1569.2 of the California Health and Safety Code DRAFT Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use^ Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Professional Care Facility3 where at least % of the property is preserved for a Primary Open Soace Use. Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet X X X 1 n ' 2 1 Notes: 1. Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. 4r2j Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property «- and/or Temporary Sales Location permits as appropriate., 3. As defined in Section 1569.2 of the California Health and Safety Code 21,209.050 Conditional use permit requirement. A. Decision-making process. The conditionally permitted primary and secondary uses, as indicated in Table A, shall be processed in accordance with the applicable provisions of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) of this title and the requisite findings therein. B. Finding of fact. In addition to the findings for approving a minor conditional use permit or a conditional use permit as set out in Chapter 21.42, a finding shall be made that: 1. The proposed use or grouping of uses implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.01 Oof this chapter. 2. The proposed use or grouping of uses conforms to the applicable guiding principles contained in Section 21.209.030 of this chapter. 3. The proposed development complies with the applicable development and design standards contained in Section 21.209.080 of this chapter. 4. Feasible and appropriate public art, public access, and civic and public gathering space elements have been incorporated into the design of the proposed development. ' | Formatted: Bullets and Numbering i Formatted: Font: Tahoma 21.209.060 Site development plan requirement. DRAFT Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Vineyards and wineries P X X X X X X X CUP 1 1 2 1 Secondary Agricultural Uses Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director or which preserve at least % of a site for primary agricultural or opern space uses and which are determined by the Economic Development Director as necessary to provide the economic feasibility to preserve the primary uses. Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of agricultural crops and related products limited to P X CUP 2 24 DRAFT Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use, or which preserve at least % of a site for primary agricultural or opern space uses and which are determined bv the Economic Development Director as necessary to provide the economic feasibility to preserve the primary uses. Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet X X X 1 24- 1 Notes: 1.Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property "\ Formatted: Bullets and Numbering and/or Temporary Sales Location permits as appropriate. 21.209.050 Conditional use permit requirement. A. Decision-making process. The conditionally permitted primary and secondary uses, as indicated in Table A, shall be processed in accordance with the applicable provisions of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) of this title and the requisite findings therein. B. Finding of fact. In addition to the findings for approving a minor conditional use permit or a conditional use permit as set out in Chapter 21 .42, a finding shall be made that: 1 . The proposed use or grouping of uses implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21 .209. 01 Oof this chapter. 2. The proposed use or grouping of uses conforms to the applicable guiding principles contained in Section 21 .209.030 of this chapter. 3. The proposed development complies with the applicable development and design standards contained in Section 21.209.080 of this chapter. 4. Feasible and appropriate public art, public access, and civic and public gathering space elements have been incorporated into the design of the proposed development. DRAFT Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Vineyards and wineries P X X X X X X X CUP 1 1 2 1 Secondary Agricultural Uses Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director- Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use P X CUP 2 1 1 Uses that preserve at least % of a site for primary agricultural or open space uses and which as determined by the Economic Development Director provide the economic uses necessary to preserve those uses, will be deemed other accessory uses and require a CUP approved by the Planning Commission. DRAFT Secondary Open Space Uses Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use- Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet P X X X CUP 1 1 1 Notes: Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales Location permits as appropriate. 21.209.050 Conditional use permit requirement. A. Decision-making process. The conditionally permitted primary and secondary uses, as indicated in Table A, shall be processed in accordance with the applicable provisions of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) of this title and the requisite findings therein. B. Finding of fact. In addition to the findings for approving a minor conditional use permit or a conditional use permit as set out in Chapter 21.42, a finding shall be made that: 1 . The proposed use or grouping of uses implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21. 209.01 Oof this chapter. 2. The proposed use or grouping of uses conforms to the applicable guiding principles contained in Section 21.209.030 of this chapter. 3. The proposed development complies with the applicable development and design standards contained in Section 21.209.080 of this chapter. Formatted: Bullets and Numbering 2 Uses that preserve at least % of a site for primary agricultural or open space uses and which as determined by the Economic Development Director provide the economic uses necessary to preserve those uses, will be deemed other accessory uses and require a CUP approved by the Planning Commission. CITY OF CARLSBAD Community & Economic Development www.carlsbadca.gov August 30, 2010 Clif Williams, Land Use Analyst Latham & Watkins 600 West Broadway, Ste 1800 San Diego, CA 92010-3375 SUBJECT: ZCA 09-02 - PROP D - CANNON ROAD AG/OS LANDS Dear Mr. Williams, Thank you for your comments on the draft ordinance for the new Cannon Road - Agricultural/ Open Space (CR-A/OS) Zone. Your suggested revisions would allow for a professional care facility as an accessory use to Primary Agricultural or Open Space Uses. You stated that your concept would "...create an interaction between the professional care facility patrons and the open space/agricultural uses as a therapeutic pursuit. The agricultural, gardens, or open space uses would be tailored to provide public use and access to the open space and AG areas of the property, and would likely invite interaction with the care facility." As you know, Prop D placed a permanent open space designation on the lands subject to the new CR- A/OS zone. Prop D strongly supported and encouraged the continuation of agriculture on the lands for as long as it is economically viable for private landowners. When agriculture is no longer economically viable, only other open space uses would be allowed on the lands. Prop D prohibits commercial and industrial-type uses in the area other than those normally associated with farming operations and open space uses, and it specifically prohibits residential uses. The proposed professional care facility use is considered a commercial use and it is a commercial use that is not normally associated with farming operations or open space uses. Prop D also required a comprehensive planning process with broad public participation and input to accomplish full implementation of the measure. A number of recommendations, together with a proposed list of permitted (primary and secondary) agricultural and open space uses, were developed as a result of the community's input. These recommendations were documented in the "Creating a Community Vision" Final Report which was accepted by the City Council. A professional care facility is not listed as an allowed primary or secondary permitted agricultural or open space use. Because the professional care facility use is inconsistent with the language in Prop D and the "Creating a Community Vision" Final Report, it's inclusion in the draft CR-A/OS zone ordinance cannot be supported. However, adoption of the CR-A/OS is a public process and you may present your request to the Planning Commission and City Council at the public hearings for this project. If you should have any additional questions or comments please contact me at (760) 602-2710. 3ARY T. BARBERIO Community & Economic Development Director c: Arman Gabray, Charles Company, 1888 Century park East, Suite 450, Los Angeles, CA 90067 David de Cordova, Principal Planner Barbara Kennedy, Associate Planner 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2710 F 760-602-8560 ® Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process 3 = City Council Process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Vineyards and wineries P X X X X X X X CUP 1 1 2 1 Secondary Agricultural Uses Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director 1 Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use P X CUP 2 2 1 Uses that preserve at least 50% of a site for primary agricultural or open space uses and which as determined by the Economic Development Director provide the economic uses necessary to preserve those uses, will be deemed "other accessory uses" and require a CUP approved by the Planning Commission. (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of agricultural crops and related products limited to a cumulative area of 1 ,000 square feet or less (examples: on premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) Retail sales of agricultural crops and related products with a cumulative area of more than 1,000 square feet (examples: on premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) X 1 Open Space Uses Primary Open Space Uses Amphitheater Aquarium Art gallery Cemeteries Civic and public gathering spaces (examples: art display, gazebos, public plazas, sitting areas, water features, wedding areas) Columbariums, crematories, and mausoleums (not within a cemetery) Community learning center (excluding "educational institution or school" as defined in Section 21.04.140) Community meeting center (excluding a city hall or civic center) Cultural center Dog park Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Fairgrounds Gardens (public or private) (examples: botanical, rose, tea, and meditation gardens Golf Course Habitat preserves and natural areas Historic center Museum Parks (public or private) Performing arts center Picnic areas Professional Care Facility 4 P X X X CUP 2 1 1 3 2 1 1 1 1 3 1 2 1 1 1 2 1 3 Sports or recreation center (public or private) (indoor or outdoor) (examples: athletic courts and fields, boys and girls club, lawn bowling, swimming pools, tennis courts ) Trails (examples: bicycle, exercise, equestrian, nature, pedestrian) Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) X 2 2 Secondary Open Space Uses Entertainment activities and facilities Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use. 4 Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet P X X X CUP 3 1 2 1 Notes: 1. Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. 2. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales Location permits as appropriate. 3. Must provide at least 50% of the Project site for open space. 4. Uses that preserve at least 50% of a site for primary agricultural or open space uses and which as determined by the Economic Development Director provide the economic uses necessary to preserve those uses, will be deemed "other accessory uses" and require a CUP approved by the Planning Commission. THE CITY OR SAM DIEGO City of San Diego Development Services 1 222 First Ave., MS-302 San Diego, CA 92101 (619)446-5000 Request for Reasonable Accommodations FORM DS-18 SEPTEMBER 2009 Application Date:Project No.: The City is required by the Federal Fair Housing Act and the California Fair Employment and Housing Act to provide a process for consideration of reasonable accommodation requests. A deviation process is available to applicants for circumstances where the existing zoning regulations would preclude residential development for persons with disabilities. All requests for accommodation are determined on a case-by-case basis. You will be con- tacted if additional information is required to.determine the reasonableness of the accommodation requested. Please print legibly or type. 1. Applicant Name:E-mail: Address:Zip Code: Telephone:CltyT State: 2. Property Owner Name: Address:State:Zip Code: E-mail: Telephone:City: 3. Site Address where accommodation is requested: Address:Zip Code: 4. Process One - Administrative Review Reasonable accommodations (including waiver of regulations, policies, or procedures) to afford persons with disabilities an equal opportunity to use and enjoy a dwelling may be approved through Process One subject to the following: (a) The development will be used by a person(s) with a disability; (b) The deviation requested is necessary to make specific housing available to a person with a disability and complies with all applicable development regulations to the maximum extent feasible; (c) The deviation request will not impose an undue financial or administrative burden on the City; (d) The deviation request will not create a fundamental alteration in the implementation of the City's zon- ing regulations; and (e) For coastal development in the Coastal Overlay Zone, that is not exempt from a Coastal Development Permit pursuant to Section 126.0704, there is no feasible alternative that provides greater consistency with the certified Local Coastal Program. 5. Identify the reasonable accommodations requested and the specific regulations, policy, or procedure from which the deviation or waiver is requested. If the City is unable to approve the specific accommodations requested. The City will work with you to find accommodations that are reasonable. 6. Give the reason that the reasonable accommodations may be necessary, for you or for another individual(s) with disabilities seeking the specific housing, to use and enjoy the housing. You do not need to tell us the name or extent of your disability or that of the individual^) seeking the housing: Printed on recycled paper. Visit our web site at www.sandiego.gov/development-services. Upon request, this information is available in alternative formats for persons with disabilities. DS-18 (09-09) Page 2 of 2 City of San Diego • Development Services Department • Request for Reasonable Accommodations 7. Please attach any documents that you feel are necessary to support your request for reasonable accommoda- tion and would assist us in considering your request, (e.g. medical documentation which supports the need for the accommodation as prescribed under disability law). Please note that all documents submitted will be kept as a record of the decision and will be made available to the public upon request. 8. Owner Declaration: I , certify, under penalty of perjury under the laws of the State of California, that the information provided above is correct and is being submitted to facilitate a currently anticipated use of the development by a person with a disability. Signature: Date: A person with disability pursuant the Fair Housing Amendments Act of 1988 means any person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment, FOR CITY USE ONLY The following findings have been made to support the reasonable accommodation request: Yes No LJ LJ The development will be used by a person with a disability. LJ LJ The deviation request is necessary to make specific housing available to a person with disability and complies with all applicable development regulations to the maximum extent feasible. LJ LJ The deviation request will not impose an undue financial or administrative burden on the City of San Diego. LJ LJ The deviation request will not create a fundamental alteration in the implementation of the City's zoning regulations for the zone. (INDICATE ZONE) LJ LJ For coastal development in the Coastal Overlay Zone, that is not exempt from a Coastal Development Permit pursuant to Section 126.0704, there is no feasible alternative that provides greater consistency with the certified Local Coastal Program. Additional Information for the Administrative Record: LJ Approved LJ Denied If requested accommodation is denied provide reason(s) based on required findings: Staff Name: Staff Title: Signature: Date: LATHAM&WATKINS^p Septembers, 2010 Sent Via E-Mail Gary Barberio Community and Economic Development Director City of Carlsbad Planning Department 1635 Faraday Ave. Carlsbad, CA 92008 600 West Broadway, Suite 1800 San Diego, California 92101-3375 Tel: +1.619.236.1234 Fax: +1.619.696.7419 www.lw.com FIRM / AFFILIATE OFFICES Abu Dhabi Barcelona Beijing Brussels Chicago Doha Dubai Frankfurt Hamburg Hong Kong Houston London Los Angeles Madrid Milan Moscow Munich New Jersey New York Orange County Paris Riyadh Rome San Diego San Francisco Shanghai Silicon Valley Singapore Tokyo Washington, D.C. File No. 047398-0006 Re: Cannon Road Agricultural / Open Space Zone Dear Mr. Barberio: Thank you for the opportunity to comment on the draft Cannon Road Agricultural / Open Space Zone ordinance ("Cannon ordinance"). I represent the Charles Company, owners of property that is included in the new zone. We sent previous comments to you via e-mail for review, and request that those comments also be made part of the record of the proceedings for the zoning designation. We appreciated receiving your response to those comments in your letter dated August 30, 2010. Please accept these as additional comments and responses to that letter. The Charles Company has been supportive of the visioning process with the community and is generally supportive of the proposed zoning ordinance and the process for entitlement that it presents. However, we also believe that the uses provided in the zoning ordinance are not broad enough to provide the economic environment necessary to keep agricultural activities as a viable use. The existing Open Space zone in the Carlsbad municipal code provides additional uses that are within the spirit of Proposition D, but were inexplicably excluded from the use tables in the draft Cannon ordinance. We have provided a revised use table for your review that suggests additional uses for the Cannon ordinance that are allowed in the City's other OS zone including cemeteries, fairgrounds, and golf courses. We believe these uses are within the scope and spirit of Proposition D and should be included. In addition, we believe that a "professional care facility" as defined in the Carlsbad Municipal Code, which incorporates agricultural and open spaces uses like the one in the article we have attached, "presents a unique opportunity for the City to create a sustainable, community- oriented open space area that balances social, economic and environmental values important to the community."1 A Professional Care Facility proposed under this model has the potential to Language from the Carlsbad General Plan section amended by Proposition D SDV725556.1 Barbara Kennedy August 26, 2010 Page 2 LATHAM&WATKINS^p become a significant community resource, maintain the agricultural heritage of the community, connect generations and provide an economically viable model to preserve the agricultural uses on the site. The article also shows that a professional care facility can be considered one that is. associated with agricultural operations. We do not seek a special preference in the zoning ordinance, but rather request that the ordinance not preclude or limit the ability to propose such a facility. We would suggest that any such facility would require a Conditional Use Permit approved by the Planning Commission or City Council as is the case with other like facilities in the City of Carlsbad. The facility envisioned would combine a Professional Care Facility for the elderly with working agriculture and gardens that the community, school groups and others could share and program with elderly people at the facility. The Professional Care Facility would act as an accessory use to the primary open space or agricultural use, by creating the economic viability for the primary agriculture and open space use. Fifty percent of the property would be set aside for use as agriculture or open space, where the elderly could work with school children, and area residents on community gardening projects, grow crops, or learn about agriculture. Areas of the property could also be set aside for cooperative farming initiatives where Carlsbad residents could farm small plots or educational facilities for school children. These types of community gardens have been successful in urban areas throughout the country and connect urban residents with their agricultural heritage. In addition, we believe that not including professional care facilities in the ordinance may run afoul of the Federal Fair Housing Act, and the California Fair Employment and Housing Act. These laws prohibit discrimination against the provision of facilities for disabled persons, which include the elderly. Under these laws a local jurisdiction must provide "reasonable accommodation" from zoning restrictions for these types of facilities. The City of San Diego has implemented these rules, and has a process for requesting "reasonable accommodation" deviations from zoning restrictions. We have attached a copy of the City of San Diego form used to request "reasonable accommodation" and believe that the City of Carlsbad should either provide for professional care facilities in the ordinance, or provide a mechanism like this one to request "reasonable accommodation." We would be happy to provide you with additional information at your request. Thank you for the opportunity to comment on the Cannon ordinance. We look forward to continued engagement in this process as the ordinance comes forward to the Planning Commission and City Council. Sincerely, Clifton Williams, Land Use Analyst LATHAM & WATKINS LLP SDY725556.1 CITY OF FILE COPY/HS-/O Community & Economic Development . www.carisbadca.gov November 15, 2010 Clif Williams, Land Use Analyst Latham & Watkins 600 West Broadway, Ste 1800 San Diego, CA 92010-3375 SUBJECT: ZCA 09-02 - PROP D - CANNON ROAD AG/OS LANDS Dear Mr. Williams, . i fl t Thank you for your additional comments (.dated September 3, 2010) on the draft ordinance for the new Cannon Road - Agricultural/Open Space (CR-A/OS) Zone. Per your request, all of your e-mail comments, letters,-and staff responses will be included as_an attachment to the Planning Commission and City Council staff reports for this item. The first comment in your letter requests that additional uses including cemeteries, fairgrounds, and golf courses should be included in the new CR-A/OS Zone in order to provide "the economic environment necessary to keep agricultural activities as a viable use." You note that these uses are currently allowed in the City's Open Space (OS) Zone. First, I would like to clarify that the uses that you mention require approval of a Conditional Use Permit (CUP), and are not permitted by right in the OS Zone. Secondly, it is important to recognize and understand the zoning status of your client's property prior to the adoption of Prop D. Your client's property is located within Planning Area 8 (PA 8) of the Carlsbad Ranch Specific Plan (SP 207) and the current zone designation is Open Space (OS). The property is subject to the requirements of SP 207 which supersedes the OS uses listed in the Zoning Ordinance. PA 8 was intended to be developed as a golf course and SP 207 specifies that development of the site is limited to agricultural uses, golf course (and other complementary non-agricultural-uses), and several types of accessory uses and structures. The complete list of permitted uses for PA 8 is included for your convenience as an attachment to this correspondence. With the exception of a golf course (including driving range and putting green) all of the uses currently allowed in PA 8 would also be allowed under the proposed CR-A/OS Zone. However, the uses that you are suggesting (cemeteries, fairgrounds, professional care facility) would not currently be permitted on the property either by right or by CUP. It is important to recognize that the proposed CR-A/OS Zone would not only maintain all of the uses, with the exception of a golf course, that are currently permitted under SP 207, but that it would also expand the list of permitted and conditionally permitted agricultural and open space uses well beyond what is currently allowed under SP 207. Lastly, as you know, Prop D placed a permanent open space designation on the affected lands and strongly supported and encouraged the continuation of agriculture on the lands for as long as it remains economically viable for the private landowners. When agriculture is no longer economically viable for the landowners, only other open space uses would be allowed on the lands. Prop D included a provision for the City to conduct a "comprehensive planning process with broad public participation and input" to "determine the most appropriate open space, recreational and public uses for the lands, should farming become no longer economically viable. At the end of the eight-month community engagement process, a process which your client (Charles Company) fully participated in, a report was prepared which described the comprehensive planning and community engagement process and included recommendations relating to the implementation of Prop D. The Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands (Final Report) contains a recommended list of primary and secondary agricultural and open space uses that the community believed would be appropriate and desirable for the lands when the private property owners determine that agriculture is no longer economically viable. Golf course, cemeteries and fairgrounds are not included in the lists of agricultural and open space uses that would be appropriate for the lands. The Final Report was accepted by the City Council on September 23, 2008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2710 F 760-602-8560 ® * ZCA369'-024- PROP D - CANNON ROAD AG/OS LANDS November 15, 2010 Page 2 Your second comment requests, again, that a professional care facility be included as a conditionally permitted use in the CR-A/OS Zone, and that it "presents a unique opportunity for the City to create a sustainable, community-oriented open -space area that balances social, economic and environmental values important to the community." 1 However, in addition to the General Plan text that you quoted, the General Plan also states in the Implementing Polices and Programs for the Cannon Road Open Space, Farming, and Public Use Corridor that this area "Prohibit residential development in the area" and "Prohibit commercial and industrial-type uses in the area other than those normally associated with farming operations and open space uses." As noted in our previous letter to you, the proposed professional care facility use is considered to be a commercial use and that it is a commercial use that is not normally associated with agricultural or open space uses. Therefore, because the requested professional care facility use is not consistent with the General Plan policies or the-list of recommended uses in the Final Report, staff cannot recommend including the use in the CR-A/OS Zone, as either an accessory use, a permitted use, or as a conditionally permitted use. ' Your'letter goes on to suggest that "not including professional care facilities, in the ordinance may run afoul of the Fair Housing Act and the California Fair Employment and Housing Act." which ". . . prohibit discrimination against the provision of facilities for disabled persons, which include the elderly." The City does not need to allow for such uses in the ordinance either by right or by Conditional Use Permit; since the proposed ordinance does not have any disproportionate impact on the disabled. No group of persons, disabled or otherwise, will be allowed to reside in the CR-A/OS Zone in a professional care facility or otherwise in any form of living or residential structure or use. Staff and the community recognize that, the lands affected by Prop D consist of privately owned lands and that the community's desires for certain open space uses depend on economic feasibility and benefit to the property owners. The list of uses developed during the community engagement process expands on the existing allowable agricultural uses, and includes agricultural-related uses that could provide an economic benefit and incentive to property owners to continue to use the lands for agricultural purposes. When the landowners determine that agriculture is no longer economically viable, other uses classified as Permitted Primary and Secondary Open Space Uses would be allowed. This list consists of a mixture of passive, active, and cultural open space uses that can result in economic benefit/return to the private land owner. Staff believes that the proposed CR-A/OS Zone, as currently drafted, is fully consistent with Prop D and accurately reflects the recommendations included in the Final Report. I would again like to invite you to participate in the public hearing process for this item where you may present your requests to both the Planning Commission and City Council. At this time, the Planning Commission public hearing is expected to take place on December 1, 2010, at 6:00 p.m., in the City Council Chambers located at 1200 Carlsbad Village Drive. You will receive a meeting notice at least 10 days in advance of the public hearing. If you should have any additional questions or comments please contact me at (760) 602-2710. Sincerely, 'GARY T. BARBERIO Community & Economic Development Director Attachment: SP 207 - Planning Area 8 list of Permitted Uses c: Arman Gabray, Charles Company, 9034 West Sunset Blvd. West Hollywood, CA 90069 Jane Mobaldi, Assistant City Attorney David de Cordova, Principal Planner File copy 1 Language from the Carlsbad General Plan section amended by Proposition D !. PLANNING AREA 8-GOLF COURSE The golf course will be a 9-ho!e course and will cover over 70 acres in the northern portion of the specific plan. As proposed, the golf course will provide desirable open space buffers in the Carlsbad Ranch Specific Plan between Car Country, the Gemological Institute and the resort. Access between the eastern and western parts of the golf course shall be provided on the SDG&E property on the north side of Cannon Road as shown on Figure 51 on page 168. One or two holes of the golf course may be located in this area. Golf cart overcrossings or under crossings of Cannon Road shall provide access to this area. If an overcrossing is determined to be the most viable alternative, then the design of the overcro.ssing shall, be similar to the design shown on Figure 53 on page 170. An amendment to the SDG&E Specific Plan shall be required for this area to be used for a golf course. The portion of SDG&E property used for this section of the golf course will not be a. part of the Carlsbad Ranch Specific Plan. The design and layout of the holes in this area as well as the rest of the golf course shall be determined as a part of the Site Development Plan for Planning Area 8. A pedestrian/bike/golf cart trail shall be provided along the southerly edge of Planning Area 5 to provide a link from the specific plan golf course to the future City golf course to the east of the specific plan. The trail shall be designed as shown on Figure 52 on page 169. A golf cart undercrossing on The Crossings Drive shall be provided to facilitate the joint use of the two golf courses. Sophisticated computerized weather and water monitoring and delivery systems and reclaimed water will be used for irrigation. The course will be open to the public on a fee basis. 1. DEVELOPMENT STANDARDS The following are specific deveiopment and design guidelines applicable to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page' .63 • contains additional development standards and design guidelines that are applicable to all Planning Area within this Specific Plan Amendment. a. Permitted Uses i. Agricultural Uses - Field and seed crops; Truck crops; Horticulture crops; Carlsbad Ranch Specific Plan 168 Orchards and vineyards; Pasture and rangeland; Tree farms; Fallow lands; Produce sheds. ii. Non-Agricultural Uses- Golf course, driving range, putting green; Public parks; City picnic areas; City playgrounds; Public Trails; • ' ; f' \ Public access easements and right-of-way; Public rest rooms; Fencing; Transportation right-of-way; Vista points; Other similar accessory uses and structures, determined by the Planning Director to be required for the conduct of principa! use. iii. Accessory uses and structures permitted: Public Rest Rooms, Changing Rooms; Playground Equipment; Fencing, Patios, Stairways, Barbeque and Fire Pits; Parking, Staging, Processing and Storage Area for agricultural crops; Shade Houses; Other similar accessory uses and structures, determined by the Planning Director to be required for the conduct of the principle uses. b. Parking Standards Parking spaces for all permitted and ancillary uses shall be provided consistent with Section 21.44 of the Carlsbad Municipal Code. Joint use of parking facilities is allowed based on the potential for shared/off-peak uses. Specific reductions in parking requirements shall be determined based on provisions set forth in Section 21.44.050(a)(4) of the Carlsbad Municipal Code. Carlsbad Ranch Specific Plan 169 Kids, seniors garden together at care home - SignOnSanDiego.com MAKE US YOUR HOMEPAGE . SUBSCRIBE - E-EDITION ARCHIVES ': U-T STORE • EMAIL ALERTS : TEXT ALERTS '. FIND A BUSINESS SIGN©N SAN DIEGO NEWS NEWS SPORTS BUSINESS OBITS OPINION LIFESTYLE NIGHT & DAY VISIT SD TRAVEL RADIO i BOOCOO AUCTIONS CLASSIFIEDS AUTOS 1 JOBS WEATHER 69° f I TRAFFIC I WEBCAMS | HOT TOPICS: DEL MAR CHARGERS \ PADRES : Search 2010 MALIBU IS , . 9'9* 39-2,079 LEARN MORE Q Kids, seniors garden together at care home UI DATED AUGUST 8. 2010 AT 12:02 A.M. On the western banks of Poway's Twin Peaks overlooking Pomerado Hospital, long-ago memories of childhood, days on the farm and time spent in the garden sift through the dementia. Sunshine Care is an assisted-living facility for people who suffer from Alzheimer's disease and other forms of dementia. Most of the 50 residents are elderly, and many are just shells of what they once were. But twice each month, about 10 of the most lucid interact with children who come with their parents to participate in a garden club. The residents and the youngsters work together inside the facility's greenhouse planting seedlings or in some of the organic gardens or fruit orchards that are planted throughout the 32-acre property. "We strongly believe the combination of young children with the folks with dementia is just a really important thing for both groups," said Michelle Andreasen, executive director of Sunshine Care. "The residents respond so well to the kids. I think it makes so much difference in the lives of the children and our residents." Andreasen said many of the residents grew up on farms or were active gardners at some point in their lives. Mark Russell (left) plants nasturtium seeds with Aubrey Shepherd, 3, and her mother, Marianne Shepherd, at the Sunshine Cafe Facility in Poway, which has five organic fields and fruit trees. ONLINE For more information about the garden club, go to sunshinecare.com. Online: For more information about the garden club, go to sunshinecare.com Long-term memory is what lasts the longest in dementia patients. They have difficulty remembering recent events but often can recall their youth SIGN ON $15 for $30 of Drinks & Dining at Henry's Pub In the Heart of the Gaslamp! Like 35135C SignOn Daily Deal on Facebook ;1* THINGS TO DO , ADD: AN EVENT [ MORE THINGS TO'-DO ["MOVES ! RESTAURANTS I ' ' ' " : Dierks Bentley - Rhythm On The Vine Concert Series Saturday. Aug 14, 8:00 pm South Coast Winery Resort and Spa, TemecuSa http://www.signonsandiego.eom/news/2010/aug/07/kids-seniors-garden-together-at-care-home/I8/9/2010 7:52:02 PM] Kids, seniors garden together at care home - SignOnSanDiego.com with clarity. The gardening concept, combined with an intergenerational interaction program, was the dream of the facility's owner, Sam Stelletello. Christina Gigliotti, supervisor of the community health program at the Shiley-Marcos Alzheimer's Disease Research Center, wrote her dissertation on horticulture therapy for Alzheimer's patients. She said research shows that gardening offers many advantages for dementia sufferers. "There are physical benefits, a way to motivate them to exercise and refine motor skills," said Gigliotti, whose center is part of the University of California San Diego. "It can activate memory and might allow them to engage in storytelling or reminiscing about the past." It also provides an opportunity for the patient to do something meaningful, even if it's as mundane as holding a hose. "Humans need to feel needed," Gigliotti said. She has studied various intergenerational projects, but the Sunshine Care setup is the first time she has heard of horticultural and intergenerational programs being done together. "That could be a great combination," she said. "My mom passed away two years ago," says Roy Wilburn, 53, Sunshine Care's director of horticultural operations. "She suffered from Alzheimer's. ... My mom had a green thumb. Had she been in a place like this instead of where she was at Wilburn has worked at the facility for just six weeks, but says he's impressed by the operation. He spent two decades in Mexico as a grower, which he said gives him a wide-ranging perspective. "I think they have an awesome concept here," Wilburn said. On Thursday, Marianne Shepherd of 45 Ranch came to the garden with her two children, Devon, 4, and Aubrey, 3. The family has been participating in the garden club for more than two years. On this day, the children helped with some chores such as weeding the green beans. "It's just for the kids to have fun," she said. "They get to pick fruits and vegetables and plant seeds with the grandmas and the grandpas." In 2009, Sunshine Care's gardens and orchards produced more than 5,000 pounds of organic produce that was eaten by the residents or donated to charity. Lisa Lipsey, activity director at Sunshine Care, said the garden club "gives our residents a unique reason to be out in the fresh air, enjoy nature, exercise, build friendships and teach skills to young people." The group meets every other Thursday and has held fresh-fruit smoothie parties, tomato tastings, sessions for making fresh-cut floral arrangements, a visit to a local farm and pumpkin patch for a hay ride, and a day for creating Thanksgiving cornucopias. J. Harry Jones: (760) 752-6780; jharry.jones@uniontriti.com Vans Warped Tour luesday, Aug 10, 11:00 am Cricket Wireless Amphitheatre. Chula Vista My Morning Jacket Wednesday, Aug 11. 7:30 pm San Diego State Open Air Theatre, San Diego Search Events... MOST POPULAR Cold feet? Only when he goes surfing Questions raised over beggars' 'median income* Garage door remote controls working again Vista woman dies in 1-15 pileup Paying the price for cuts DIRECT TV Specials Q FOLLOW US {)\\\'\ «**«»«"',J s. Unwn-fnbuntjL, •SUBSCRIBE TO THE SAN DIEGO UNION-TRIBUNE Medi-Cat Dementia Care Independent Senior Living Middle Class Qualifies for Dementia Nursing Find Independent Senior Living Near You. Home Care! Free DVD. Our Free Service Makes It Easy Ads by Google Commenting Terms of Use 1 person liked this. Add New Comment FACEBOOK RECENT ACTIVITY You need to be logged into Facebook to see your friends' activity R Marina Durazo shared Padres rout Dodgers Ruling on gays' right to wed could be landmark for U.S. 1,210 people shared this. Teen's untimely death left others the gift of life Tijuana group aims to change city's image 76 people shared this. "This was Zenyatta' 89 people shared l:his. http://www.signonsandiego.eom/news/2010/aug/07/kids-seniors-garden-together-at-care-home/I8/9/20107:52:02 PM] EXHIBIT "A" Creating a Community Vision ort OPFWSPJ3.CZ (TXOP £>} £JIMDS FINAL REPORT September 23,2008 REPORT ON THE COMPREHENSIVE PLANNING AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D FOR THE CANNON ROAD AGRICULTURE AND OPEN SPACE LANDS I. INTRODUCTION AND BACKGROUND Proposition D ("Preserve the Flower and Strawberry Fields and Save the Carlsbad Taxpayers Money") was approved by the Carlsbad citizens on November 7, 2006. The Proposition applies to approximately 300 acres of privately owned lands located immediately east of Interstate 5 along the north and south sides of Cannon Road including the existing strawberry and flower growing agricultural areas. The Proposition placed a permanent open space designation on the lands. It strongly supported and encouraged the continuation of agriculture on the lands for as long as it remains economically viable for the private landowners. When agriculture is no longer economically viable, only other open space uses would be allowed on the lands. The Proposition specifically prohibits residential use. The Proposition also specifically prohibits commercial and industrial-type uses in the area other than \ those normally associated with fanning operations and open space uses. The Proposition included a provision for the City to conduct "a j comprehensive planning process with broad public participation and input to accomplish full implementation of the measure" and | to determine "the most appropriate open space, recreational and public uses for the area, should farming become no longer economically viable" (Section 5.3 of Proposition D). i On July 10, 2007, the City Council approved a work program for engaging the community in the comprehensive planning process called for in Proposition D. The City Council indicated its intent to have the process be as inclusive and transparent as possible in ; order to maximize citizen and stakeholder input and participation. To assist in its intent, the Council also appointed a seven member Citizens Liaison Committee to oversee the community engagement process. The Committee was composed of four citizens-at-large from each of the four quadrants of the city and three members representing the Planning Commission, Parks and i Recreation Commission and Arts Commission. The duties of the Committee were to: ( : • Provide citizen oversight of the entire process | • Identify appropriate stakeholders to participate • Ensure maximum community participation • Review all background information • Coordinate with staff to organize all events • Review public comments and input • Review reports The Committee met formally in a public noticed setting 17 times to fulfill its duties and to develop numerous approaches to oversee the process. Maximizing community participation and ensuring transparency of the process was the Committee's overarching principal. 2 The lands affected by Proposition D consist of four, privately-owned sites as follows: Site 1 - This site is just over 53 acres and contains the official Flower Fields®. Although included in Proposition D to provide further protection, this site is already protected by a condition that requires the continued growing of the Flower Fields® and no other open space uses are being planned or considered for this site. The site is privately owned by C B Enterprises (Carltas Co.). Site 2 - This site is just over 45 acres and is located north of the Flower Fields®, with frontage along the south side of Cannon Road and the east side of Car Country Drive. Although the site has frontage on Cannon Road, direct access to Cannon Road is currently prohibited. This site is privately owned by the Carlsbad Ranch Company LP (Carltas Co.). The site is often confused with being part of the official Flower Fields® because the property owner grows flowers on the site. There is no requirement to use this site for growing flowers or any other agricultural purposes. Existing land use and zoning approvals allow the site to be used as part of a nine-hole golf course which was originally planned for the area. Other permitted uses include agriculture and public open space uses such as parks, picnic areas, playgrounds, trails, restrooms and vista points. This site is part of the Carlsbad Ranch Specific Plan (SP 207) and was set aside as open space in return for allowing development on other parts of the Specific Plan area which provided substantial economic benefit to the original property owner. Site 3 - This site is just over 26 acres and is located to the east of Site 2, with frontage along the south side of Cannon Road and the east side of Legoland Drive. Although the site has frontage on Cannon Road, direct access to Cannon Road is currently prohibited. The site is privately owned by MA Gabaee. Similar to Site 2, it is often used for growing flowers but there is no requirement to keep it in agricultural use. This site was also originally planned to be part of a nine-hole golf course. Other permitted uses include agriculture and public open space. Also similar to Site 2, this site is part of the Carlsbad Ranch Specific Plan and was set aside as open space in return for allowing development on other parts of the Specific Plan area which provided substantial economic benefit to the original property owner. o Site 4 - This site contains approximately 172 acres a portion of which is occupied by the existing strawberry fields. This site is privately owned by SDG&E and includes a small 1.4 acre property owned by the Ray & Constance Winter Trust, ft is located on the north side of Cannon Road along the south shore of Agua Hedionda Lagoon. There are no present approvals for future open space uses on this site other than agriculture although the City has a long term lease on a portion of the site (approximately 90 acres) for future recreational purpose if the City decides to use it for that purpose. Site 4 does not include the adjoining 48 acre property located immediately east of and adjacent to Interstate 5 which is under the same ownership and is also used for strawberry farming. This adjoining property was specifically not included in Proposition D to avoid the potential cost to the citizens of Carlsbad of a property rights taking claim by the owners since the property is presently designated for commercial development (Travel/Recreation Commercial). In return for allowing this adjoining 48 acres to be developed with commercial uses that would provide substantial economic benefit to the property owner, the rest of the site was designated for agriculture and open space uses in the Agua Hedionda Local Coastal Program Land Use Plan. The purpose of this report is to describe the comprehensive planning and community engagement process for the Cannon Road Agriculture and Open Space Lands and to present recommendations regarding the use of the lands that directly reflect the input of the citizens and community members that participated in the process. II. COMMUNITY ENGAGEMENT PROCESS The community engagement portion of the comprehensive planning process to implement Proposition D took place over an eight month period from November, 2007 to the end of June, 2008. An educational video was produced for use in the process describing Proposition D, providing background information on the area affected by the Proposition and outlining the program for engaging the community in the process. The video was placed on the City's web site for viewing. With the assistance of the Citizens Liaison Committee, an extensive list of stakeholders (citizens, property owners, organizations and other interested parties) was developed and used to inform the community of scheduled meetings and events throughout the process. Any citizen or member of the community that indicated an interest in participating in the process or of being informed of meetings or events was included on the stakeholders list. The community engagement process began with two community-wide public workshops, called "Community Conversations" intended to obtain preliminary input from community members and other stakeholders regarding the Cannon 'Road Agriculture and Open Space Lands. Participants were asked to describe their desires for the lands, their ideas for promoting the continuation of agriculture in the area and to "brainstorm" potential, future open space uses when agriculture is no longer economically viable. There was a combined attendance at these two workshops of close to 300 people. Key community themes were identified and a list of potential uses for the lands suggested by the participants at the workshops was compiled. Uses were included on the list even if the use was only suggested by one of the participants at the workshops. The key community themes and the list of potential uses were used as a basis to plan and hold four subsequent, more focused workshops called "Continued Conversations." The "Continued Conversations'" workshops focused on themes related to four key topics: promoting the continuation of agriculture, passive open space uses, active open space uses and cultural open space uses. Each of the workshops included an educational component, break-out sessions for the community participants to discuss the topic and a survey where participants could rate the desirability of the uses for the lands contained on the list complied from the first two "Community Conversations" workshops. As part of the educational component of the workshops, a definition and description of various types of open space was provided to the participants. It was explained and understood by the participants that in addition to the more undeveloped, natural and passive types of open space, the City's General Plan, Zoning Ordinance and Proposition D allows for more active or "developed" types of open space such as parks and recreational uses, public gathering places and cultural facilities. Similarly, it was explained and understood that the definition of agriculture includes more than just crop production and could include uses such as the sale of crops and agricultural related products (e.g. farmers market, nursery, floral trade center) and the distribution of agricultural products (e.g. packing, shipping). Information was also provided about existing opportunities and constraints relating to the lands so that the participants could use that information in their ratings for desirable/appropriate uses. The break-out sessions included a format which allowed each smaller group of participants to report on its discussion regarding the topic to all the participants attending the workshop. There was a combined attendance at the four "Continued Conversations" workshops of over 150 community members. The focused workshops were followed up by conducting an online survey on the City's Web site where participants could access the same information provided at the focused workshops and respond to the same survey questions. Over 300 people responded to the online survey. As a result of the focused workshops and the online survey, a refined list of potential agricultural and open space uses was prepared which included the uses the community participants rated as desirable/appropriate for the Cannon Road Agriculture and Open Space Lands. A community-wide "Synthesis" workshop was then held which was attended by approximately 70 participants. The purpose of this workshop was to discuss the integration of all the previous community input and to finalize the community supported list of permitted agriculture and open space uses for the lands. The "Synthesis" workshop also included a presentation on "Placemaking" and a presentation on "Creating a Sustainable Area" so that the participants could begin thinking about how the permitted uses could relate to creating the community's desired vision for the lands. A final community-wide "Envisioning" workshop was held on June 30, 2008 where the community participants discussed and developed a set of "Guiding Principles" for uses on the Cannon Road Agriculture and Open Space Lands. The Guiding Principles are intended to establish the context in which the permitted uses can be assured of being appropriate, functional and be designed in a way to realize the community's desired vision for the lands. At this workshop, using the list of permitted uses and the Guiding 5 Principles, participants also had the opportunity to participate in a creative "conceptual visioning" drawing exercise were able to graphically express how the permitted uses could be located and arranged on the lands to reflect the supported vision. Over 30 community members and stakeholders participated in the final workshop. V7 A total of eight community participation and input workshops were held as part of the community engagement portion of the comprehensive planning process for implementation of Proposition D. Notification was sent to all the individuals and organizations on the stakeholders list for each one of the workshops. The Citizens Liaison Committee actively participated in outreach strategies to inform the community of the workshops. An extensive number of citizens and community members participated in the process. In addition, all of the owners of the sites included in the Cannon Road Agriculture and Open Space Lands attended the workshops and actively participated. The Citizens Liaison Committee was satisfied that the community engagement process fulfilled their goals of maximum community involvement, transparency in the process, and property owner participation. where they community III. COMMUNITY VISIONING RECOMMENDATIONS As a result of the comprehensive planning and community engagement process, recommendations were developed based directly on the input of the community members and stakeholders who participated. The recommendations serve as a foundation for creating a community supported vision for the Cannon Road Agriculture and Open Space Lands and consist of the following: A. Promoting the Continuation of Agriculture on the Lands One of the provisions of Proposition D states that "the city shall ensure" that agricultural use is allowed to continue on the Cannon Road Agriculture and Open Space Lands "for as long as it remains economically viable to the property owners and farmers" (Section 3.1 of Proposition D). As part of the comprehensive planning and community engagement process, input was received from the community regarding its support for continued agriculture on the lands and what could be done to encourage and promote the continuation of existing agricultural uses. There was overwhelming community support for continued agriculture on the iands. At the two initial "Community Conversation" workshops, community participants were also asked to respond to the following question: "Do you have any thoughts or ideas on what can be done to encourage or promote agriculture remaining in the area?" There were two general types of suggestions identified by the participant's responses. First, there were suggestions to allow uses that would support agriculture but that are considered more commercially and publicly oriented than the agricultural uses presently existing and allowed in the area. Community members felt that if more commercial types of uses related to agriculture were allowed on the lands, it would assist the property owners and farmers in continuing to make agriculture more economically viable. Many of the uses suggested are not specifically listed as permitted uses in the land use and zoning documents presently pertaining to the lands. Second, there were ideas suggested for other types of incentives to assist in keeping agriculture in the area ranging from financial to non-financial ones. The subject of one of the more focused, '"Continued Conversations" workshops was on receiving more detailed community and stakeholder input on ways to support and promote the continuation of agriculture on the Cannon Road Agriculture and Open Space Lands. At this focused workshop held in March, 2008, participants (including community members, property owners and farmers) discussed the challenges facing the agricultural industry and then were asked to take a survey indicating which of the uses and incentives suggested at the initial ''Community Conversation" workshops they felt were desirable and supportable. This focused workshop was followed-up by allowing the community at large to respond online on the City's web site to the same survey. As a result of the community's input, a proposed list of agriculture and related uses for the Cannon Road Agriculture and Open Space Lands has been prepared and is recommended to be permitted on the lands. The uses are ones that a majority (more than 50%) of the community participants rated as "desirable" for the lands. The list includes primary permitted agriculture and secondary permitted uses. The secondary uses are ones that would be allowed on the lands if they are located in conjunction with and on the same site as a primary permitted agricultural use. The proposed list of permitted uses is as follows: Primary Permitted Agriculture Uses 1. Agricultural Crop Production (including floriculture and horticulture) 2. Agricultural-related Educational, Research and Development Facilities 3. Community Farming (example: leasing land to individual citizens or community groups to grow agricultural crops) 4. Farmers Market 5. Floral Trade Center (wholesale and retail) 6. Greenhouses 7. Plant Nurseries and Supplies 8. Tree and Seed Growing Farms 9. Vineyards and Wineries Secondary Permitted Agriculture Uses (allowed in conjunction with and on the same site as a primary permitted agricultural uses) 1. Agricultural Distribution Facilities 2. Public Events and Activities Promoting Agriculture (examples: tours, demonstrations, special events) 3. Retail Sales of Agricultural Crops and Related Products (examples: on premise sale of crops to the public, produce store, sale of products made from crops) This list of uses would expand on the agricultural uses specifically allowed by existing land use and zoning documents applicable to the lands. The expanded list of uses, particularly retail sales of agriculturally-related products and publicly-oriented uses could provide an economic benefit and incentive to the property owners and farmers to continue to use the lands for agricultural uses. It is recommended that the community supported list of primary and secondary permitted agriculture uses be incorporated into the final land use and zoning documents prepared for the full implementation of Proposition D. A list of other potential incentives to promote the continuation of agriculture on the Cannon Road Agriculture and Open Space Lands was also developed based on community input. The list includes incentives that a majority (more than 50%) of the community participants supported. It should be noted that although a total of 55% of the participants at the focused workshop and on the online survey supported providing public financial subsidies to the property owners and farmers as a potential economic incentive to retain agricultural use, 65% indicated that they opposed financial subsidy if it meant direct city funding (e.g. general fund, increase in property tax, citywide assessment district). Therefore, the list of other potential incentives includes financial subsidy only if it is from an outside (non-city) source. The list of potential incentives for supporting and promoting agriculture on the lands is as follows: 1. Outside (non-city funded) public financial subsidies 2. Water resource incentives (examples: reduced water rates, guaranteed supply, use of desalinated water) 3. Increased collaboration/cooperation between the city, farmers and landowners (examples: ongoing meetings, information sharing, legislative support) 4. City sponsored educational outreach and promotion campaign to raise awareness of the importance of local agriculture in the city 5. Development of partnerships between farmers/landowners and educational institutions (examples: educational tours, joint demonstration projects, joint research projects) 6. Encouraging businesses to use locally grown crops (example: Chamber of Commerce business-to-business initiative) 7. City sponsored community and tourist-oriented special events (examples: tours, displays, demonstrations) 8 I/O The City Council may want to consider directing staff to study and analyze the community supported list of potential agricultural land use incentives in more detail lo determine feasibility and whether any of the incentives should be further pursued. B. Permitted Open Space Uses for the Lands When the landowners determine that agriculture is no longer economically viable. Proposition D only allows other open space uses on the Cannon Road Agriculture and Open Space Lands. As called for in the Proposition, the objective of a number of the workshops held during the community engagement portion of the comprehensive planning process was to develop a community supported list of other appropriate and desirable open space uses for the lands. The initial "Community Conversation" workshops allowed participants to ''brainstorm" potential open space uses for the lands. A list of all the "brainstorming" uses was compiled and divided into three categories of open space uses: passive, active and cultural acknowledging that the definition of open space includes all three categories and reflecting the stated intent of Proposition D to determine "appropriate open space, recreational and public uses" for the lands. Passive open space uses are ones that are more natural and undeveloped such as habitat preserves, picnic areas and trails. Active open space uses are ones that are more developed and provide more recreational types of uses such as parks, athletic fields and other sports-related facilities. Cultural open space uses are ones that provide opportunities for public/social interaction and cultural experiences such as an amphitheater, performing arts center or other types of community gathering places. As part of the "Continued Conversations" a focused workshop was held on each one of the three categories of open space uses and community participants were given the opportunity to rate the desirability of the uses in each category. This opportunity to rate the uses was also provided to community members online on the City's Web site. If more than 50% of the total community participants rated a use as undesirable, it was removed from the potential list of open space uses for the lands. A final list of open space uses was then developed and reviewed by community members at the "Synthesis" workshop held on April 28, 2008. As a result of the process, a community supported list of open space uses for the Cannon Road Agriculture and Open Space Lands is recommended to be permitted on the lands. The list consists of a mixture of passive, active and cultural open space uses. Recognizing that the lands are privately owned and community desires for certain types of open space uses on the lands depend on economic feasibility, the list includes a number of uses that can result in an economic benefit/return to the private landowners. The list also expands on the open space uses presently permitted by existing land use and zoning documents applicable to the lands. This will also provide a potential economic benefit to the landowners. The recommended list of open space uses consists of primary permitted uses and secondary permitted uses. An example of a secondary permitted use is "food service." If, for example, a restaurant or cafe is developed in conjunction with and on the same 9 site as a primary permitted open space use and is intended to serve the patrons/users of the primary permitted open space use. then it would be allowed. However, a "stand alone" restaurant or group of restaurants not proposed as part of a primary permitted open space use and not intended to specifically serve the users of the primary use would not be allowed. Another example of a secondary permitted use is the retail sales of goods and products related to a primary permitted open space use. This would allow a shop that sells items related to the primary open space use to be developed in conjunction with and on the same site as the open space use. By so doing, the economic feasibility and economic benefit for the landowner to provide other community desired open space uses is enhanced. It is worth noting some of the examples of uses that more than 50% of the total community members participating in the process rated as "undesirable" and are not included on the recommended list of permitted uses. Although suggested by a number of individual community members, a city hall or "civic center" was rated overall as an undesirable use for the lands. Other examples of uses considered undesirable for the lands included a professional sports stadium, a senior center and a golf course. The final list of community supported and recommended open space uses for the Cannon Road Agriculture and Open Space Lands are as follows: Primary Permitted Open Space Uses 1. Amphitheater 2. Aquarium 3. Art Gallery 4. Civic and Public Gathering Spaces (examples: public plazas, gazebos, art display area, sitting area, wedding areas, water features) 5. Community Learning Center 6. Community Meeting Center 7. Cultural Center 8. Dog Park 9. Gardens (public and private) (examples: botanical, rose, tea, meditation) 10. Habitat Preserves and Natural Areas 11. Historic Center 12. Museum 13. Parks (public and private) 14. Performing Arts Center 15. Picnic Areas 16. Sports or Recreation Center (public or private) (indoor or outdoor) (examples: tennis courts, athletic courts and fields, lawn bowling, swimming pools, boys and girls club) 10 17. Trails (examples: pedestrian, bicycle, nature, exercise, equestrian) Secondary Permitted Open Space Uses (allowed in conjunction with and on the same site as a primary permitted open space use) 1. Food Service, including restaurants and cafes 2. Retail Sales of Goods and Products Related to a Primary Permitted Use 3. Public Events and Activities Related to Promoting a Primary Permitted Use It is recommended that the community supported list of primary and secondary' permitted open space uses be incorporated into the final land use and zoning documents prepared for the full implementation of. Proposition D. C. Guiding Principles for the Use of the Cannon Road Agriculture and Open Space Lands The purpose section of Proposition D states that the proposition is "intended to create a sustainable area that balances social, economic and environmental values important to the community" (Section 2.1 of Proposition D). In order to comply with the intent of Proposition D and ensure that the list of permitted agriculture and open space uses are appropriate for the Cannon Road Agriculture and Open Space Lands, a set of Guiding Principles was developed by community participants at the final, "Envisioning" workshop held on June 30, 2008. The Guiding Principles directly reflect input regarding the use of the lands provided by the community throughout the entire comprehensive planning and community engagement process. It is believed that if these Guiding Principles are followed, the community supported list of permitted uses will be developed on the lands in a manner which supports the community's desires, values and vision for the lands, and which will be consistent with Proposition D. The set of Guiding Principles is as follows: 11 Overarching Principles 1. Promote and support the continuation of agriculture for as long as it is economically viable for the landowner 2. Encourage public uses, access and community gathering places 3. Ensure that all uses address traffic, circulation and transportation impacts 4. Support the inclusion of open space uses that provide economic benefit to the property owners 5. Create a sustainable area, which means an area that contains open space uses that balance social, economic and environmental values important to the community Social Principles 1. Encourage open space uses that have a strong community orientation and that provide maximum opportunities for people to gather, interact and socialize 2. Create an area that is unique, vibrant and exciting by providing a diversity of open space uses 3. Integrate art, culture and history into the uses for the area Economic Principles 1. Recognize that the area consists of privately owned lands and that community desires for certain open space uses depend on economic feasibility and benefit to the property owners 2. Support uses and other incentives that economically benefit the continuation of agriculture including organic farming Environmental Principles 1. Balance natural open space uses with improved or developed open space uses 2. Protect and preserve existing natural habitats and consider the restoration of disturbed areas of habitat 3. Support public access to and along the south shore of the Agua Hedionda Lagoon at locations that minimize impacts to natural habitat 4. Provide safe walking and biking through trails and pathways that interconnect uses and sites in the area 12 Implementing Principles 1. Require the continued engagement of the community for input into uses and design of new development in the area 2. Require that the design of new development reflect human scale (size, height, bulk and massing of structures), protect the environment, provide for public use, access and community gathering spaces, and incorporate features that honor the historical significance of the area 3. Allow agriculture-related uses that are more commercially oriented (e.g. retail sales of products) in order to support the continuation of agriculture in the area 4. Allow open space-related uses that are more commercially oriented (e.g. amphitheater, performing arts center) in order to provide an economic benefit to the private property owners 5. Explore public-private partnerships as a means to bring community desired open space uses to the area It is recommended that the community supported set of Guiding Principles for the use of the Cannon Road Agriculture and Open Space Lands be made part of and serve as a foundation for preparing the land use and zoning documents needed to fully implement Proposition D. IV. REMAINING STEPS TO COMPLETE THE COMPREHENSIVE PLANNING PROCESS AND FULLY IMPLEMENT PROPOSITION D If the City Council accepts the recommendations resulting from the community engagement process, there are several steps remaining to complete the comprehensive planning process and fully implement Proposition D. Proposition D authorizes the City to make any amendments to existing land use and zoning documents as determined necessary by the City Council in order to reflect the results of the comprehensive planning process and ensure consistency between the General Plan, the Zoning Ordinance, and any other plans, policies or ordinances (Section 5.2 of Proposition D). There are existing land use and zoning documents that apply to the Cannon Road Agriculture and Open Space Lands that will need to be amended in order to reflect the recommendations. These existing documents include the Carlsbad Ranch Specific Plan (SP 207), the Encina Specific Plan (SP 144), the Mello II Local Coastal Program and the Agua Hedionda Coastal Land Use Plan. Once these existing documents are amended, the comprehensive planning process will result "in achieving complete General Plan, Zoning and Local Coastal Program consistency so that the full intent of the measure can be implemented by the City" (Section 5.3 of Proposition D). The community supported list of permitted agriculture and open space uses and the recommended set of Guiding Principles would be used as a foundation for preparing the necessary amendments to existing land use and zoning documents. Consideration will also be given to preparing a special zoning implementation document or designation (i.e. Overlay Zone) for the Cannon Road Agriculture and Open Space Lands. Consideration for this was also authorized by Proposition D if deemed necessary by the City Council (Section 5.2 of Proposition D). The purpose of creating a special zoning implementation tool for the lands would be to capture the unique aspects of the community's recommendations for the lands that may not apply to other areas of the city zoned for Open Space (OS). For example, as reflected in the Guiding Principles, there is a strong desire by the community to have any 13 open space uses on the lands provide extensive public access and allow for public use and gathering places. Also, there is a strong desire to continue to engage the community in an enhanced manner that exceeds the normal process when proposals are submitted for development on the lands. An example of a special zoning implementation document for the Cannon Road Agriculture and Open Space Lands that included the types of topics or zoning matters that could be included in the document was presented at the final community workshop and is attached to this report. Any amendments to existing land use and zoning documents or the creation of any new zoning documents to complete the comprehensive planning process to fully implement Proposition D will require a subsequent public process with formally noticed public hearings and environmental review. Public hearings at the Planning Commission and the City Council will be held. Additionally, any amendments to the City's Local Coastal Program to fully implement the proposition will need to be reviewed and approved by the California Coastal Commission. This subsequent, ongoing public process will provide the opportunity for continued community engagement and allow citizens, the property owners and other community members to continue to participate and provide input in completing the full implementation of Proposition D. LIST OF PERMITTED USES • Agriculture • Open Space • Primary • Secondary GUIDING PRINCIPLES For Development of Permitted uses • Creating the Vision ZONING/ENABLING DOCUMENTS Use Guiding Principles Standards, Conditions and Procedures For Permitted Uses VISION ACHIEVEMENT • How Can The Community Working With The Property Owners Make The Vision A Reality? 14 MEMBERS OF CITIZENS LIAISON COMMITTEE Bill Dominguez Sandra Boddy - Alternate Diane Lantz Mark Winkler Gary Hill Jim Comstock Pat Kurth Farrah Douglas PARTICIPATING STAFF MEMBERS Sandra Holder, Community Development Director Gary Barberio, Assistant Planning Director Cynthia Haas, Economic and Real Estate Manager Mark Steyaert, Park Development Manager Barbara Nedros, Administrative Secretary PARTICIPATING CONSULTANTS Lewis Michaelson, Katz and Associates Michael Holzmiller, Holzmiller Planning 15 ATTACHMENT 1 EXAMPLE OF ZONING IMPLEMENTATION DOCUMENT CANNON ROAD AGRICULTURE AND OPEN SPACE OVERLAY ZONE SECTION 1 INTENT AND PURPOSE SECTION 2 PERMITTED USES SECTION 3 GUIDING PRINCIPLES FOR PERMITTED USES SECTION 4 PUBLIC USE AND ACCESS SECTION 5 DEVELOPMENT/DESIGN STANDARDS SECTION 6 REQUIREMENT FOR SITE DEVELOPMENT PLAN SECTION 7 COMMUNITY INVOVEMENT PROCESS 16 1 RESOLUTION NO. 2008-269 2 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, DIRECTING STAFF TO PREPARE AND 4 PROCESS THE ZONING AND RELATED LAND USE DOCUMENT AMENDMENTS NECESSARY TO 5 REFLECT THE RECOMMENDATIONS CONTAINED IN THE REPORT ON THE COMPREHENSIVE PLANNING 6 AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D FOR THE CANNON 7 ROAD AGRICULTURE AND OPEN SPACE LANDS. 8 WHEREAS, the City of Carlsbad, California, has conducted a comprehensive 9 planning process with broad community participation and input to fully implement 10 Proposition D approved by the voters on November 7, 2006 as the "Preserve the Flower 11 and Strawberry Fields and Save Carlsbad Taxpayers Money" proposition, and 12 WHEREAS, a Report on the Comprehensive Planning and Community 13 Engagement Process to Implement Proposition D for the Cannon Road Agriculture and 14 Open Space Lands was prepared, and 15 WHEREAS, the report contains community-supported recommendations for the 16 lands in order to fully implement Proposition D, and 17 WHEREAS, The City Council has reviewed and accepted the report including the 18 recommendations contained therein, and 19 WHEREAS, to complete the comprehensive planning process and fully 20 implement Proposition D to reflect the community-supported recommendations 21 contained in the report, it will be necessary to prepare and process amendments to 22 existing zoning and related land use documents applicable to the lands, and 23 WHEREAS, the City Council has determined its intention to have these existing 24 zoning and land use documents amended as necessary to complete the process and 25 achieve full implementation of Proposition D on the Cannon Road Agriculture and Open 26 Space Lands. 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 2 Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 2. It adopts this resolution to state its intention to amend any existing zoning and 5 related land use documents to reflect the recommendations contained in the Report on 6 the Comprehensive Planning and Community Engagement Process to Implement 7 Proposition D for the Cannon Road Agriculture and Open Space Lands, dated 8 September 23, 2008. 9 3. That the City Council directs the Planning Director, pursuant to CMC Chapter 10 21.52, to prepare and process the necessary amendments to existing zoning and 11 related land use documents applicable to the lands in order to complete the 12 comprehensive planning process and achieve full implementation of Proposition D. 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// - 25 /// 26 /// 27 /// 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad held on the 23rd day of September, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: INE M. WOOD, City Clerk