Loading...
HomeMy WebLinkAbout2017-12-06; Planning Commission; Resolution 7278 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF A REQUEST FOR A DETERMINATION THAT FARM STAY LODGING MAY BE PERMITTED AS A SECONDARY AGRICULTURAL USE IN THE CANNON ROAD AGRICULTURAL/OPEN SPACE (CR-A/OS) ZONE. CASE NAME: FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION CASE NO: PCD 2017-0002 (DEV 2017-0193) WHEREAS, the Carltas Company, L.P. has filed a verified application with the City of Carlsbad for a Planning Commission Determination regarding farm stay lodging in the C-A/OS Zone; and WHEREAS, a use not listed in Table A of Zoning Ordinance Section 21.209.040 may be determined to be permitted in the CR-A/OS Zone, pursuant to Sections 21.209.040.B and C; and WHEREAS, the Planning Commission did on December 6, 2017, hold a duly noticed public hearing as prescribed by law to consider said request for a Planning Commission determination; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning Commission considered all factors relating to the requested Planning Commission Determination (PCD 2017-0002). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A. The foregoing recitations are true and correct. B. Based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS DENIAL of PCD 2017-0002 – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION, based on the following findings: Findings: 1. Pursuant to Zoning Ordinance Section 21.209.040.B, farm stay lodging is not similar to the uses listed in Table A of Section 21.209.040, because: A. The uses permitted by Table A are either “agricultural” uses or “open space” uses. This limited list of uses directly implements Proposition D "Preserve the Flower and Strawberry Fields and Save Taxpayers Money" and General Plan Policy 2-P.62, which state that only open space, farming and compatible public uses shall be permitted. B. Interpretation of whether or not a use is similar to the uses permitted by Table A, is limited to the uses that Proposition D and the General Plan specify as permitted, which are open space, agricultural and compatible public uses. C. Farm stay lodging is a commercial use that is not considered an open space, agricultural or compatible public use, and therefore is not similar to the uses permitted by Table A of Section 21.209.040. PLANNING COMMISSION RESOLUTION NO. 7278 PC RESO NO. 7278 -2- 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 2. Pursuant to Zoning Ordinance Section 21.209.040.C, farm stay lodging is not substantially consistent with the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone, because: A. The intent and purpose of the CR-A/OS Zone is to implement Proposition D "Preserve the Flower and Strawberry Fields and Save Taxpayers Money.” The purpose of Proposition D is to ensure that if land within the Cannon Road corridor is not being used for farming then the land must be preserved in open space. Farm stay lodging is not a farming use or an open space use, and therefore is not substantially consistent with the purpose of Proposition D and thereby is not substantially consistent with the intent and purpose of the CR-A/OS Zone. B. The intent and purpose of the CR-A/OS Zone is to implement the General Plan. Based on the following, farm stay lodging is not substantially consistent with General Plan Policies 2-P.62 and 2-P.63 and thereby is not substantially consistent with the intent and purpose of the CR- A/OS Zone. i. General Plan Policy 2-P.62 states that only open space, farming and compatible public uses are permitted in the Cannon Road Open Space, Farming and Public Use Corridor; the policy also lists “farming and other related agricultural support uses” as a use that is permitted. Because the policy clearly states that only open space, farming and compatible public uses are permitted, then “related agricultural support uses” would need to be considered an open space, farming or compatible public use. Although farm stay lodging may provide financial support to an agricultural use, it is not substantially consistent with General Plan Policy 2-P.62 because it is not an open space, farming or compatible public use. ii. General Plan Policy 2-P.63 states that commercial uses are prohibited unless the commercial use is normally associated with or in support of farming operations and open space uses. A lodging use, in the context of the purpose of Proposition D, is not considered a commercial use that is normally associated with farming operations. In the Proposition D citizens liaison committee’s final report, dated September 23, 2008, the committee identified the types of commercial uses that would the appropriate in support of farming operations; those uses were limited to retail sale of agricultural crops and related products (such as on premise sale of crops, produce store, sale of products made from crops). The sale of agricultural products is considered a secondary agricultural use (a secondary integral part of the farming operation – the sale of the crop). A lodging use is not an agricultural use and is not an integral part of a farming operation. Therefore, farm stay lodging is not substantially consistent with General Plan Policy 2-P.63. 3. Pursuant to Zoning Ordinance Section 21.209.040.C, farm stay lodging is not substantially consistent with guiding principles of the Cannon Road Agricultural/Open Space (CR-A/OS) zone, because: A. The social principles of the CR-A/OS zone focus solely on creating a publicly accessible area that is comprised of open space uses, as well as art, culture and history. Lodging may be designed to provide opportunities for the public to gather, interact and socialize, but as described in the social principles of the CR-A/OS Zone, such opportunities are intended to be provided through open space uses, not commercial uses. A lodging use, which is a commercial use, is not an open space, art, culture or history use, and therefore is not substantially consistent the social principles of the CR-A/OS Zone. PC RESO NO. 7278 -3- 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 B. The economic principles of the CR-A/OS Zone support uses that economically benefit the continuation of agriculture. Farm stay lodging, as a revenue source may economically benefit the continuation of agriculture. However, within the context of the intent and purpose of the CR-A/OS Zone, through implementation of Proposition D and the General Plan, the uses permitted in the zone are limited to only open space, farming and compatible public uses. Therefore, support of uses that economically benefit the continuation of agriculture is limited to uses that are open space, farming or compatible public uses. A lodging use is not substantially consistent with the uses intended to be supported by the economic principles of the CR-A/OS Zone. C. An environmental principle of the CR-A/OS Zone is to balance natural open space uses with public uses. Farm stay lodging is a commercial uses that is not substantially consistent with the principle to balance open space uses and public uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Planning Commission of the City of Carlsbad, held on December 6, 2017, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery and Siekmann NOES: ABSENT: Commissioner Rodman ABSTAIN: JEF GALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7278 -4-