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HomeMy WebLinkAbout2010-12-01; Planning Commission; Resolution 67351 PLANNING COMMISSION RESOLUTION NO. 6735 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO ADD AND 4 ENACT CHAPTER 21.209 - CANNON ROAD AGRICULTURAL/ OPEN SPACE ZONE (CR-A/OS) AND AMEND SECTION 21.05.010 AND CHAPTER 21.06 - QUALIFIED 6 DEVELOPMENT OVERLAY ZONE (Q) OF THE ZONING ORDINANCE. 7 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE 8 LANDS 9 CASE NO: ZCA 09-02 10 WHEREAS, the City Council adopted Resolution of Intention No. 2008-269 11 dated September 23, 2008 directing staff to prepare and process the zoning and related land 12 use document amendments necessary to reflect the recommendations contained in the Final 13 Report on the Comprehensive Planning and Community Engagement Process to 14 Implement Proposition D for the Cannon Road Agriculture and Open Space Lands which ,£ includes the preparation of a Zone Code Amendment pursuant to Section 21.52.020 of the 17 Carlsbad Municipal Code to add and enact Chapter 21.209 - Cannon Road 18 Agricultural/Open Space (CR-A/OS) Zone and amend Section 21.05.010 and Chapter 21.06 19 - Qualified Development Overlay (Q) Zone. 20 WHEREAS, the proposed amendment is set forth in the draft City Council 21 Ordinance, Exhibit "X - ZCA 09-02" dated December 1, 2010, and attached hereto PROP D - 22 CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - ZCA 09-02; and 24 WHEREAS, the Planning Commission did on December, 1, 2010, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and 7/-WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the Zone Code Amendment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PROP D - CANNON ROAD 6 AGRICULTURAL AND OPEN SPACE LANDS - ZCA 09-02, based on the following findings: 7 Findings:8 That the proposed Zone Code Amendment ZCA 09-02 is consistent with the Goals and Policies of the General Plan Land Use Element section: Special Planning 10 Considerations - Cannon Road Open Space, Farming and Public Use Corridor and the Implementing Polices and Action Programs and implements Policy and Action Plan C.7 by creating and applying a new zone designation to the Cannon Road Agriculture and Open Space Lands. 2. That the proposed Zone Code Amendment ZCA 09-02 is consistent with the Goals and Policies of the General Plan Land Use and Open Space Element as summarized in 14 the staff report dated December 1, 2010 and herein incorporated by reference. 3. That the zone code amendment reflects the recommendations contained in the Report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands, 17 dated September 23, 2008 and accepted by the City Council. 18 4. That the proposed ZCA reflects sound principles of good planning. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6735 -2- 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 Planning Commission of the City of Carlsbad, held on December 1, 2010, by the following vote, to wit: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery, Nygaard and Schumacher AYES: NOES: ABSENT: ABSTAIN: Chairperson Douglas STEPHEN "HAP" L'HEUREtJX, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6735 -3- Agua Hedionda Lagoon SITEMAP NOT TO SCALE Prop D - Cannon Road AG/OS Lands ZCA 09-02 / ZC 09-06 / LCPA 09-05 ISP 207(1) / SP 144(K) Exhibit "X" December 1, 2010 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO ADD AND ENACT CHAPTER 21.209 - CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE 4 (CR-A/OS) AND AMEND SECTION 21.05.010 AND CHAPTER 21.06 - QUALIFIED DEVELOPMENT OVERLAY ZONE (Q) OF 5 THE ZONING ORDINANCE. CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND 6 OPEN SPACE LANDS CASE NO.: ZCA 09-02 7 The City Council of the City of Carlsbad, California, does ordain as follows: 8 SECTION I: That the list of Chapters contained in Title 21 of the Carlsbad 9 Municipal Code is amended to list the following chapter in numerical order, which shall read as 10 follows: 11 21.209 Cannon Road - Agricultural/Open Space Zone SECTION II: That Section 21.05.010 of the Carlsbad Municipal Code is13 amended to read as follows:14 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-1--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 22 L-C-Limited Control Zone M-lndustrial Zone O-Office Zone O-S-Open Space Zone 24 P-C-Planned Community Zone P-M-Planned Industrial Zone 25 P-U-Public Utility Zone R-1-One-Family Residential Zone R-2-Two-Family Residential Zone R-3-Multiple-Family Residential Zone 27 R-A-Residential Agricultural Zone R-E-Residential Estate Zone R-P-Residential-Professional Zone R-T-Residential Tourist Zone 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 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. SECTION III: That Chapter 21.06 of the Carlsbad Municipal Code is amended to read as follows: Sections: 21.06.010 21.06.015 21.06.020 21.06.030 21.06.040 21.06.050 21.06.060 21.06.070 21.06.080 21.06.090 21.06.100 21.06.110 21.06.120 21.06.130 21.06.140 21.06.150 21.06.160 Chapter 21.06 Q QUALIFIED DEVELOPMENT OVERLAY ZONE Intent and purpose. Application of Q zone. Permitted uses and findings of fact. Site development plan requirement. Exceptions. Application and fees. Notices and hearings. Decision-making process. Announcement of decision and findings of fact. Mailing of notice of decision. Appeals. Expiration. Extensions. Amendments. Development standards. Lot requirements. Final site development plan. 21.06.010 Intent and purpose. A. 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: 1. Require that property development criteria are used to insure compliance with the general plan and any applicable master plan or specific plan; 2. Provide that development will be compatible with surrounding developments, both existing and proposed; 3. Insure that development occurs with due regard for environmental factors; -2- 1 4. 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 2 specific conditions; 5. Provide for public improvements necessitated by the development; 3 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 4 properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting; 5 7. Provide a process for the review and approval of site development plans as called for by this chapter or other provisions of this title. 6 21.06.015 Application of Q zone. 7 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: 8 1. Special treatment areas as indicated in the general plan; 2. Commercial zones that are in close proximity and relationship with residentially 9 zoned properties; 3. Property proposed to be developed within a floodplain; 10 4. Property proposed to be developed as hillside development or other physically sensitive areas; 11 5. Property where development could be detrimental to the environment, or the health, safety and general welfare of the public. 12 B. The requirements of this chapter shall not apply to adult businesses that are located on properties in the Q zone. 13 21.06.020 Permitted uses and findings of fact. A. Subject to the provisions of subsection 21.06.020.B, 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. Notwithstanding subsection 21.06.020.A, no development or use shall be permitted unless the planning director, the planning commission, or the city council on appeal, 17 finds: 1. 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. That the requested development or use is properly related to the site, surroundings and environmental settings, 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; 22 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; 4. 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 24 development or use in the neighborhood will be provided and maintained; 5. That the street system serving the proposed development or use is adequate to 25 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. 27 21.06.030 Site development plan requirement. A. Unless specifically exempted from the requirements of this chapter, no building 28 -3- 1 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. 2 21.06.040 Exceptions. 3 A. The following developments or uses are exempted from the site development plan requirements: 4 1. One single-family residential structure may be constructed or enlarged on any residentially zoned lot; 5 2. One office building of less than one thousand square feet may be constructed on any commercially or industrially zoned lot; 6 3. One enlargement of less than one thousand square feet of any existing commercial or industrial building on any commercially or industrially zoned lot. 7 21.06.050 Application and fees. 8 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 9 application shall: 1. Be made in writing on a form provided by the planning director; 10 2. State fully the circumstances and conditions relied upon as grounds for the application; and 11 3. Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the planning director. 12 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 Notices and hearings. 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. The application for a site development plan shall be considered at a public 1' hearing and the planning director shall give notice of the public hearing in accordance with Chapter 21.54 of this title.18 21.06.070 Decision-making process. 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 date of 22 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. 24 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 and review 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 97 exist. 28 -4- 1 2. Site Development Plan - Planning Commission a. An application for certain site development plans, as identified elsewhere in this 2 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. 3 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 4 findings of fact in Section 21.06.020 of this chapter are found to exist. 3. Site Development Plan - City Council 5 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 6 noticed in accordance with Chapter 21.54 of this title. b. Before the city council decision, the planning commission shall hear and consider 7 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 8 the planning commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. 9 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 10 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. 11 21.06.080 Announcement of decision and findings of fact. 12 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 17 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 19 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. 23 21.06.100 Appeals. 24 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. 25 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 27 Section 21.06.120 of this chapter. 28 -5- 1 21.06.120 Extensions. A. The planning director may administratively, without a public hearing or notice, 2 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: 3 1. 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 4 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 5 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 6 development plan or site development plan; and b. The project remains consistent with the findings of fact set forth in Section 7 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 8 total cumulative time extension of six years. 4. In granting an extension of a minor site development plan or site development 9 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 10 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 11 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. 12 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. 21.06.140 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 plan, 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 22 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 23 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 24 the underlying zone or elsewhere that include provisions for, but are not limited to, the following: 1. Special setbacks, yards, active or passive open space, required as part of the entitlement process; 2. Special height and bulk of building regulations; 3. Fences and walls; 4. Regulation of signs; 27 5. Additional landscaping; 6. Special grading restrictions; 28 -6- 1 7. Requiring street dedication and improvements (or posting of bonds); 8. Requiring public improvements either on or off the subject site that are needed to 2 service the proposed development; 9. Time period within which the project or any phases of the project shall be 3 completed; 10. Regulation of point of ingress and egress; 4 11. Architecture, color, texture, materials and adornments; 12. Such other conditions as deemed necessary to insure conformity with the 5 general plan and other adopted policies, goals or objectives of the city. 6 21.06.150 Lot requirements. A. The Q zone may be placed on any size or dimensioned, legally created lot. 7 21.06.160 Final site development plan. 8 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 9 to the planning director. Prior to signing the final minor site development plan or site development plan, the planning director shall determine that all applicable requirements have 10 been incorporated into the plan. B. The final signed minor site development plan or site development plan shall be 11 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. SECTION IV: That Chapter 21.209 of the Carlsbad Municipal Code is added and enacted to read as follows: 14 Chapter 21.20915 CR-A/OS CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE16 Sections: 17 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. Z[ 21.209.090 Severability. 22 21.209.010 Intent and purpose. 23 A. The intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone is to: 24 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; 25 2. Encourage public uses, access, and community gathering places; 3. Ensure that all uses in the zone address traffic, circulation and transportation 26 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; 28 -7- 1 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 2 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 7 following meaning established by this section: 1. "Primary use" means a use that is not required to be developed in conjunction 8 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. 10 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. 3 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. 2Q 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. 22 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. 23 d. Provide safe walking and biking through trails and pathways that interconnect uses and sites in the zone. 24 21.209.040 Permitted primary and secondary uses. 25 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. 26 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. 27 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 28 -8- 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 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 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 P X 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) P X CUP 2 1 -9- 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 Secondary Agricultural Uses, Continued 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 CUP 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 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 Secondary Open Space Uses Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less P X X X X X P X CUP 2 1 1 1 1 1 1 1 1 1 1 2 1 2 CUP -10- 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 Secondary Open Space Uses, Continued 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 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. Site development plan requirement. A site development plan shall be required for development in the zone as noted 21.209.060 A. 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. -11- 1 iv. Open shade structures (gazebo, trellis, patio cover, etc.) containing a cumulative area of 1,000 square feet or less. 2 b. Structures associated with primary or secondary open space uses which include: Structures containing a cumulative area of 1,000 square feet or less. 3 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 4 for the following: a. Structures associated with primary or secondary agricultural uses which include: 5 i. Structures containing a cumulative area of more than 2,000 square feet and up to 10,000 square feet. 6 ii. Greenhouses or plant protection structures containing a cumulative area of more than 10,000 square feet and up to 50,000 square feet. 7 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 8 5,000 square feet. Open shade structures containing a cumulative area of more than 1,000 square 9 feet and up to 5,000 square feet. 3. Site Development Plan. A site development plan shall be required for, but not 10 limited to, the following: a. Structures associated with primary or secondary agricultural uses which include: 11 i. Structures containing a cumulative area of more than 10,000 square feet. Greenhouses or shade structures containing a cumulative area of more than 12 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 14 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 Section16 21.209.060(C) 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 (©.-Qualified Development Overlay Zone) and Section 21.209.060(C) 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 made2() 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 22 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 24 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, 27 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 28 -12- 1 proposed strategy for allowing the community to provide pre-submittal input on the proposed development, uses, or grouping of uses. 2 B. The strategy shall include at least one publicly noticed community workshop or similar event. 3 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 4 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. 5 21.209.080 Development and design standards. 6 A. Lot Coverage. 1. Lot coverage shall not exceed 50% of the lot. B. Lot Area, minimum g 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. 9 C. Building Design. 1. The design of all buildings in a proposed development shall reflect a human 10 scale (proportionate and attention to details) in terms of the size, bulk and massing of structures. 11 D. Building Height. 1. No building or structure shall exceed twenty-five feet in height unless a higher 12 building height is authorized through a minor site development plan or site development plan approval. 13 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. I c 3. The height of accessory buildings shall not exceed twenty-five feet. E. Habitat Preservation. 16 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 17 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 18 adjacent to existing preserve areas. F. Parking Requirements. 19 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 2| 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 22 shall apply. 3. As an alternative, a parking study may be submitted by the applicant for a 23 proposed development, use, or group of uses in the zone for review by the Planning Director in order to determine an appropriate parking requirement. 24 G. Public Art. 1. Any development proposal that requires a minor site development plan or a site 25 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 26 development. 27 /// 28 -13- 1 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, 2 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 5 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. 7 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 8 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 9 things as art display areas, gazebos, public plazas, sitting areas, water features, and wedding areas. 10 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. 12 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. 13 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 14 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 15 project site and a maximum of 32 square feet per individual sign. K. Traffic and Circulation. 16 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 21 2. The requirement for a traffic and circulation study may be waived at the 22 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 24 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 25 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. 27 28 -14- 1 SECTION V: That the findings and conditions of the Planning Commission as 2 set forth in Planning Commission Resolution No. 6735 constitute the findings and conditions of 3 the City Council. 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 5 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 6 published at least once in a publication of general circulation in the City of Carlsbad within 7 fifteen days after its adoption, but. (Notwithstanding the preceding, this ordinance shall not be 8 effective until approved by the California Coastal Commission.) 9 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 10 Council on the day of 2011, and thereafter. 11 12 13 14 15 16 17 18 19 20 '* 21 '" 22 '" 23 '" 24 '" 25 '" 26 "' 27 '" 28 -15- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2011, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7n APPROVED AS TO FORM AND LEGALITY 8 " 9 n RONALD R. BALL, City Attorney 10 11 MATT HALL, Mayor 12 13 ATTEST: 14 15 LORRAINE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 -16-