HomeMy WebLinkAbout2011-05-24; City Council; 20562 PART 1; PROP DCITY OF CARLSBAD - AGENDA BILL 15
AB#
MTG.
DEPT.
20,562
5/24/1 1CED
PROP D - CANNON ROAD AGRICULTURAL
AND OPEN SPACE LANDS AND ADOPTION OF
A MINOR SITE DEVELOPMENT PLAN
APPLICATION FEE -ZCA 09-02/ZC 09-06/LCPA
09-05/SP 207(I)/SP144(K)
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council hold a public hearing and INTRODUCE Ordinances No. CS-145 , CS-146 CS-147,
and CS-148 APPROVING, respectively, amendments to the City of Carlsbad Zoning Ordinance (ZCA
09-02), the City of Carlsbad Zoning Map (ZC 09-06), the Carlsbad Ranch Specific Plan (SP 207(1)), and
the Encina Specific Plan (SP 144(K)); ADOPT Resolution No. 2011-111 , APPROVING a Negative
Declaration; ADOPT Resolution No. 2011-112. APPROVING a Local Coastal Program Amendment
(LCPA 09-05) to ensure consistency with ZCA 09-02, based upon the findings contained therein; and
ADOPT Resolution No.2011 -113APPROVING a new Minor Site Development Plan application fee.
ITEM EXPLANATION:
Project
NEG DEC
ZCA 09-02
ZC 09-06
LCPA 09-05
SP 207(1)
SP 144(K)
Minor Site Development Plan fee
Planning Commission
RA
RA
RA
RA
RA
RA
City Council
X
X
X
X
X
X
X
Coastal Commission
**
**
•
**
RA = Recommended adoption/approval
X = Final City decision-making authority
• = Requires Coastal Commission approval
** = Will not become effective until the Coastal Commission approves LCPA 09-05
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. The proposed amendments are necessary to fully implement Proposition D, "Preserve the
Flower and Strawberry Fields and Save Taxpayers Money" in accordance with the recommendations in
the Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon
Road Agriculture and Open Space Lands (Final Report). The proposed amendments have been
prepared pursuant to the City Council Resolution of Intention (Reso. No. 2008-269) directing staff to
prepare the necessary land use document amendments necessary to fully implement the Final Report
recommendations and to achieve internal consistency within the various regulations.
The new zone will apply to approximately 244 acres of land as shown on the location map. The project
consists entirely of policy actions and no physical development is proposed on the site. The new CR-
A/OS Zone designation includes the list of agricultural uses, open space uses and guiding principles for
DEPARTMENT CONTACT: Barbara Kennedy 760-602- 4626 barbara.kennedv@carlsbadca.gov
FOR CITY CLERKS USE ONL Y. {,
COUNCIL ACTION: APPROVED V
DENIED /D
CONTINUED D
WITHDRAWN . D,
AMENDED >B[
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
development that were developed based on the guidance of the community engagement process and
the resulting Final Report.
On December 1, 2010, the Planning Commission voted 6-0-1 (Commissioner Douglas did not participate
due to a conflict) to recommend adoption of the Negative Declaration and to recommend approval of the
proposed amendments. Three property owner representatives spoke at the public hearing. A
representative from the Carltas Company spoke in support of the proposed amendments. Additionally,
two representatives for the Charles Company requested the inclusion of two additional uses (cemetery
and professional care facility) to the list of conditionally permitted open space uses. The Planning
Commission discussed the two additional uses and concluded in agreement that because there had
been such extensive community input into the proposed list of uses that the Commission did not feel it
was appropriate to support adding new uses that had not been specifically recommended in the Final
Report. However, the Planning Commission expressed concerns and had discussions about the merits
of expanding the list of allowed uses and ensuring maximum implementation flexibility in the new zone in
order to ensure the greatest opportunity for agriculture to continue on the Proposition D lands. An errata
sheet, which modified several items in the resolution for LCPA 09-05 (Resolution 6737), was presented
to and approved by the Planning Commission. The revisions have been incorporated into the
referenced document.
Subsequent to the Planning Commission hearing SDG&E representatives contacted staff and requested
several modifications to the Agua Hedionda LCP Land Use Plan to provide additional clarity that utility
uses are not prohibited, which is consistent with the text in CR-A/OS zone. Additionally staff received
correspondence from Chris Calkins, representing the Carltas Company, with a concern about the 25-foot
height limit for accessory buildings in Section 21.209.080.D.3 of the new zone. Lastly, on March 15,
2011 a City Council workshop was held to update the Council on the progress made to date in the
implementation of Proposition D. Based on the input from SDG&E representatives, Mr. Calkins, and the
March 15, 2011 City Council Workshop, and to provide additional flexibility in the CR-A/OS zone, staff is
recommending that the City Council approve a number of new revisions which have been incorporated
into the documents now before the City Council for review and adoption. A concise summary of all of the
above noted revisions added since the December 1, 2010 Planning Commission hearing is included as
Exhibit 1 of this Agenda Bill.
FISCAL IMPACT:
There will be staff costs to the City associated with processing Minor Site Development Plans, therefore
staff is recommending that the City Council adopt a new Minor Site Development Plan application fee.
Since the Minor Site Development Plan review process as proposed will be similar to the City's existing
Administrative Variance (AV) and Minor Conditional Use Permit (CUP) review processes, staff is
recommending that the new Minor Site Development Plan application fee be equal to the existing AV
and Minor CUP application fees ($697). This new $697 fee will cover the staff costs for processing a
Minor Site Development Plan. Staff has included a new fee for a Minor Site Development Plan that will
be included for consideration in the FY 2011-12 Operating Budget.
ENVIRONMENTAL IMPACT:
The project was reviewed for potential adverse environmental impacts in accordance with the
requirements of the California Environmental Quality Act (CEQA). The CEQA review focused on the new
zoning classification since all the other actions included in the "project" are being proposed in order to
implement the zone. 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. In consideration of the foregoing,
the Planning Director issued a Notice of Intent to Adopt a Negative Declaration for the project on
August 6, 2010. No comments were received in response to the environmental review.
Page 3
EXHIBITS:
1. Summary of the Modifications Proposed After the Planning Commission Hearing on 12/1/10
2. City Council Ordinance No. CS-145 (ZCA 09-02)
3. Redline Strikeout Version - ZCA 09-02
4. City Council Ordinance No.CS-146 (ZC 09-06)
5. City Council Ordina ^ Nn CS-147 .'SP 20^(1))
6. City Council Ordinar ? No CS-148 ;,C>P i^'(K))
7. City Council Resolu... .-> NO 2011-HtNAgawe Declaration)
8. City Council Resolu: or: iMo.2011-112!LLK" 09-05)
9. City Council Resolution No.2011-113(Minor SDP Fee)
10. Planning Commission Resolutions No. 6734, 6735, 6736, 6737, 6738, and 6739 (On file in the
City Clerk's Office)
11. Planning Commission Staff Report dated December 1, 2010 (On file in the City Clerk's Office)
12. Planning Commission Errata Sheet dated December 1, 2010 (On file in the City Clerk's Office)
13. Excerpt of the Planning Commission Minutes dated December 1, 2010.
14. Email from Peter Mackauf, dated May 18, 2011.
EXHIBIT 1
Summary of the Modifications Proposed
After the Planning Commission Hearing on 12/1/10
A. The following text additions shown as bold underline and deletions shown as
strikethrough are recommended by staff, based on the discussions of the
Planning Commission at the December 1, 2011 public hearing, input from the
Proposition D property owners, and the information presented to the City Council
at their March 15, 2011 workshop.
Chapter 21.206 - Q Qualified Development Overlay Zone:
1. Replace "informal hearing" with "administrative hearing" within Chapter 21.206.
2. Correct two typographical errors and re-format revised sections as necessary.
Chapter 21.209 - Cannon Road-Agricultural/Open Space Zone (CR-A/OS):
1. Add a new intent and purpose to Section 21.209.010.A:
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. Implement Proposition D, the "Preserve the Flower and Strawberry Fields
and Save Taxpayers Money" proposition enacted by the voters of Carlsbad in November
2006.
2. Revise Section 21.209.040 as follows:
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. Other uses that are not listed in Table A, and which can not be found to be
similar to those uses listed in Table A, may be recommended for approval as a permitted
use to the Planning Commission provided that the Planning Director ascertains all
pertinent facts and the Planning Commission, by resolution of record, sets forth its
findings and its interpretations that the use is substantially consistent with the intent and
purpose and guiding principles (Sections 21.209.010 and 21.209.030) of this zone. Such
Planning Commission resolution shall be forwarded to the City Council as a
recommendation and, if approved by resolution of the City Council, thereafter such
interpretation shall govern.
D. 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.
3. Delete the following from Section 21.209.040 Table A, Primary Open Space
Uses:
Community meeting center
(excluding a city hall or civic center)
4. Delete the following from Section 21.209.080.D - Development and design
standards:
£-. The height of accessory buildings shall not exceed twenty five feet.
5. Re-format revised sections as necessary.
B. The following text additions shown as bold-double underline and deletions
shown as double otrikothrough are proposed by SDG&E. All other bold-
underline and strikethrough—text represents the original modifications
recommended for approval by the Planning Commission
Agua Hedionda Land Use Plan:
• Policies
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.
2.2 The south shore agricultural lands identified as OS on Exhibit "C" to
this plan shall be designated "Open Space". This area shall be zoned
"Exclusive Agriculture" in the implementation phase of the plan, and
zoned "Cannon Road Agricultural/Open Space (CR-A/OS)". The
continuation of agricultural use of these lands shall be supported for
as long as it remains economically viable for the landowner. When
the landowners determine that agriculture is no longer economically
viable, other open space uses shall be permitted consistent with and
subject to the provisions of Carlsbad Municipal Code Chapter 21.209
- Cannon Road Agricultural/Open Space Zone, which is incorporated
herein by reference. Nothing in this plan prohibits or limits the
continuation of the following utility uses which are also permitted as
a matter of right in the Cannon Road Agricultural/Open Space Zone:
Energy transmission and distribution facilities, including but not
limited to rights-of-way and pressure control or booster stations,
substations, aas metering/regulating stations or operating centers
for gasoline, electricity, natural aas. synthetic natural gas, oil or
other forms of energy sources, with the necessary accessory
equipment incidental thereto, together with utility buildings/facilities
5
that are built, operated or maintained bv a public utility to the extent
they are regulated by the California Public Utilities Commission.
2.3 Conversion of the 45-acre SDG&E south shore property identified as TS
on Exhibit "C" to this plan shall be subject to the following conditions:
a) Prior to development SDG&E shall record a permanent open space
easement over the remaining agriculturalQS lands on said Exhibit
"C" in favor of the City of Carlsbad. Said easement shall not prohibit
or limit the following utility uses which are also permitted as a
matter of right in limit uooo to those allowed=ky agriculturo, utility
right-of way and maintenance, roadways, and recreation trails that do
not interfere with agricultural operationoand other open spaco uses
oubioct to the provioiono of the Cannon Road Agricultural/Open
Space Zone: Energy transmission and distribution facilities,
including but not limited to riahts-of-wav and pressure control or
booster stations, substations, gas meterina/reaulatina 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, together with
utility buildings/facilities that are built, operated or maintained bv
a public utility to the extent they are regulated by the California
Public Utilities Commission. Conversion of these remaining
lands to non-agricultural uses shall be subject to the City's
Agricultural Conversion Mitigation Fee Program.
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.
EXHIBIT 2
1 ORDINANCE NO. CS-145
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
12
SECTION II: That Section 21.05.010 of the Carlsbad Municipal Code is
13
amended to read as follows:14
21.05.010 Names of zones.
15 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
16 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
j, C-T-Commercial Tourist Zone
E-A-Exclusive Agricultural Zone
~~ L-C-Limited Control Zone
M--lndustrial Zone
2"i 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
26 R-2-Two-Family Residential Zone
R-3--Multiple-Family Residential Zone
27 R-A-Residential Agricultural Zone
R-E--Residential Estate Zone
28
1 R-P--Residential-Professional Zone
R-T--Residential Tourist Zone
2 R-W-Residential Waterway Zone
RD-M--Residential Density-Multiple Zone
3 RMHP--Residential Mobile Home Park
T-C--Transportation Corridor Zone
4 V-R--Village Review Zone
BAO--Beach Area Overlay Zone
5 Coastal Agriculture Overlay Zone
Coastal Resource Protection Overlay Zone
6 Coastal Shoreline Development Overlay Zone
Coastal Resource Overlay Zone Mello I LCP Segment
7 C/V-SO--Commercial/Visitor-Serving Overlay Zone
F-P--Floodplain Overlay Zone
8 H-O-Hospital Overlay Zone
Q-Qualified Development Overlay Zone
9 S-P--Scenic Preservation Overlay Zone.
10 SECTION III: That Chapter 21.06 of the Carlsbad Municipal Code is amended to
11 read as follows:
12 Chapter 21.06
1 3 Q QUALIFIED DEVELOPMENT OVERLAY ZONE
14 Sections:
21.06.010 Intent and purpose.15 21.06.015 Application of Q zone.
21.06.020 Permitted uses and findings of fact.16 21.06.030 Site development plan requirement.
21.06.040 Exceptions.
17 21.06.050 Application and fees.
21.06.060 Notices and hearings.
21.06.070 Decision-making process.
21.06.080 Announcement of decision and findings of fact.
21.06.090 Mailing of notice of decision.
9n 21.06.100 Appeals.
ZU 21.06.110 Expiration.
~, 21.06.120 Extensions.
21.06.130 Amendments.
22 21.06.140 Development standards.
21.06.150 Lot requirements.
23 21.06.160 Final site development plan.
24 21.06.010 Intent and purpose.
A. The intent and purpose of the Q qualified development overlay zone is to
25 supplement the underlying zoning by providing additional regulations for development within
designated areas to:
26 1- Require that property development criteria are used to insure compliance with
the general plan and any applicable master plan or specific plan;
27 2. Provide that development will be compatible with surrounding developments,
both existing and proposed;
28
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1 3. Insure that development occurs with due regard for environmental factors1
///
2 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
3 specific conditions;
5. Provide for public improvements necessitated by the development;
4 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
5 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.
7
2-\ .06.015 Application of Q zone.
8 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:
9 1. Special treatment areas as indicated in the general plan;
2. Commercial zones that are in close proximity and relationship with residentially
1 0 zoned properties;
3. Property proposed to be developed within a floodplain;
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. The requirements of this chapter shall not apply to adult businesses that are
located on properties in the Q zone.14
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.
17 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,
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;
23 3. That the site for the intended development or use is adequate in size and shape
to accommodate the use;
24 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
25 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
26 properly handle all traffic generated by the proposed use; and
6. The proposed development or use meets all other specific additional findings as
27 required by this title.
28
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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.
4 A. The following developments or uses are exempted from the site development
plan requirements:
5 1. One single-family residential structure may be constructed or enlarged on any
residentially zoned lot;
6 2. One office building of less than one thousand square feet may be constructed on
any commercially or industrially zoned lot;
7 3. One enlargement of less than one thousand square feet of any existing
commercial or industrial building on any commercially or industrially zoned lot.
8
21.06.050 Application and fees.
9 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
10 application shall:
1. Be made in writing on a form provided by the planning director;
11- 2. State fully the circumstances and conditions relied upon as grounds for the
application; and
12 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 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
hearing and the planning director shall give notice of the public hearing in accordance with
19 Chapter 21.54 of this title.
_,.. 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
22 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
2~> of the notice. If a written request to be heard is filed, the planning director shall:
i. Schedule an administrative hearing (not a formal public hearing); and
24 ii. Provide written notice to the applicant and the requestor at least five calendar
days prior to the date of the administrative hearing.
25 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 administrative hearing, if one is conducted.
2-7 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
28 -4-
14
15
24
25
27
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.
2
3
A
5
6
7
8
9
10
1 1
Section 21 .06.020 of this chapter are found to exist.12
21 .06.080 Announcement of decision and findings of fact.
A. The planning director shall announce in writing (by letter) his/her decision and
findings for a minor site development plan.
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
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;17 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
20 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 administrative 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
28
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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,
3 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:
4 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
5 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
6 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
V development plan or site development plan; and
b. The project remains consistent with the findings of fact set forth in Section
8 21.06.020.B of this chapter, and all other applicable findings of this title.
The planning director may grant no more than three, two-year extensions, for a
9 total cumulative time extension of six years.
4. In granting an extension of a minor site development plan or site development
1 0 plan, the planning director may impose new conditions and may revise existing conditions.
B. 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
2 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.13
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.
1 o
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
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
24 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
25 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
25 entitlement process;
2. Special height and bulk of building regulations;
27 3. Fences and walls;
4. Regulation of signs;
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1 5. Additional landscaping;
6. Special grading restrictions;
2 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
3 service the proposed development;
9. Time period within which the project or any phases of the project shall be
4 completed;
10. Regulation of point of ingress and egress;
5 11. Architecture, color, texture, materials and adornments;
12. Such other conditions as deemed necessary to insure conformity with the
6 general plan and other adopted policies, goals or objectives of the city.
7 21.06.150 Lot requirements.
A. The Q zone may be placed on any size or dimensioned, legally created lot.
8
21.06.160 Final site development plan.
9 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
10 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
11 been incorporated into the plan.
B. The final signed minor site development plan or site development plan shall be
12 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:
Chapter 21.20916
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 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.
23 21.209.010 Intent and purpose.
24 A. The intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS)
zone is to:
25 1. Implement Proposition D, the "Preserve the Flower and Strawberry Fields and
Save Taxpayers Money" proposition enacted by the voters of Carlsbad in November 2006.
26 2. 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;
27 3 Encourage public uses, access, and community gathering places;
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4. Ensure that all uses in the zone address traffic, circulation and transportation
impacts;
5. 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;
6. 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;
7. Provide for community input on the design of proposed development and uses;
8. Protect areas of existing natural habitat in conformance with the city's habitat
<6 management plan and local coastal program; and
9. Implement the goals and objectives of the general plan. In particular, the goals
7 and objectives related to the Cannon Road Open Space, Farming and Public Use Corridor.
8 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.
12 21.209.030 Guiding principles.
1 3 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
14 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
15 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.
17 b. Create an area that is unique, vibrant and exciting by providing a diversity of
open space uses.
18 c. Integrate art, culture and history into the agricultural and open space uses
permitted in the zone.
19 2. Economic principles.
a. Recognize that the zone consists of privately owned lands and that community
20 desires for certain open space uses depend on economic feasibility and benefit to the property
owners.
21 b. Support uses that economically benefit the continuation of agriculture in the
zone, including organic farming.
22 3. Environmental principles.
a. Balance natural open space uses with improved or developed open space uses.
23 b. Protect and preserve existing natural habitats and encourage the restoration of
disturbed areas of habitat.
24 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.
25 d. Provide safe walking and biking through trails and pathways that interconnect
uses and sites in the zone.
26
21.209.040 Permitted primary and secondary uses.
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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. Other uses that are not listed in Table A, and which cannot be found to be similar
to those uses listed in Table A, may be recommended for approval as a permitted use to the
Planning Commission provided that the Planning Director ascertains all pertinent facts and the
Planning Commission, by resolution of record, sets forth its findings and its interpretations that
the use is substantially consistent with the intent and purpose and guiding principles (Sections
21.209.010 and 21.209.030) of this zone. Such Planning Commission resolution shall be
forwarded to the City Council as a recommendation and, if approved by resolution of the City
Council, thereafter such interpretation shall govern.
D. 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
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
P
X
X
X
X
X
X
CUP
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EXHIBIT 2
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Primary Agricultural Uses, Continued
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
CUP
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
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
P
X
X
X
CUP
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EXHIBIT 2
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Primary Open Space Uses, Continued
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
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
P
X
X
X
CUP
2
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.
1
2 21.209.060 Site development plan requirement.
A. A site development plan shall be required for development in the zone as noted
3 below.
1. Exemptions. The following types of development are exempt from the
4 requirement for a minor site development plan or site development plan:
a. Structures associated with primary or secondary agricultural uses which include:
5 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.
7 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.
8 iv. Open shade structures (gazebo, trellis, patio cover, etc.) containing a cumulative
area of 1,000 square feet or less.
9 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.
10 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
11 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
15 I 5,000 square feet.
ii. Open shade structures containing a cumulative area of more than 1,000 square
16 [ 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 square2 [ 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(C) of this title, including the requisite findings therein. The Planning Director shall
24 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
25 provisions of Chapter 21.06 (Q-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
27 development plan or site development plan as set out in Chapter 21.06, findings shall be made
that:
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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
3 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.
<6 21.209.070 Pre-submittal community input process.
A. Prior to the submittal of a minor site development plan, site development plan,
"I 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
15 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.
16 C. Building Design.
1. The design of all buildings in a proposed development shall reflect a human
17 scale (proportionate and attention to details) in terms of the size, bulk and massing of
structures.
18 D. Building Height.
1. No building or structure shall exceed twenty-five feet in height unless a higher
9 building height is authorized through a minor site development plan or site development plan
2Q 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.
E- Habitat Preservation.
1. Consistent with guiding principle 21.209.030.A.3.b contained in this chapter,
23 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.
24 Restoration of disturbed habitat shall be encouraged for proposed development located
adjacent to existing preserve areas.
25 p. Parking Requirements.
1. Off-street parking requirements for proposed uses in the zone shall be governed
26 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
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21.44 is the most similar to the use being proposed in the zone and that parking requirement
shall apply.
2 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
3 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
x- development.
2. Art elements may include, but are not limited to, art features on building facades,
7 freestanding sculptures or structures, and mosaics or paintings on public furniture (i.e. benches,
fountains, gazebos).
8 3. Art elements are encouraged to reflect the cultural, historical and agricultural
significance and heritage of the zone.
9 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
13 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
14 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
15 areas.
J. Signs.
16 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.
21 K. Traffic and Circulation.
1. A traffic and circulation study shall be submitted, pursuant to the City's circulation
22 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,
23 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
24 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
25 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
26 zone.
2, The requirement for a traffic and circulation study may be waived at the
27 discretion of the City Engineer and Planning Director.
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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
3 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
4 that any one or more sections, subsections, sentences, clauses, phrases or parts be declared
invalid or unconstitutional.
5
SECTION V: The Council finds that the modifications proposed to the
6
recommendation of the Planning Commission are not substantial modifications as that phrase is
7
used in Government Code section 65356 and that they were previously considered at the
8
Planning Commission's public hearing and therefore not necessary to be referred to it for a
9
further recommendation. The Council further finds that the findings and conditions of the
10
Planning Commission as set forth in Planning Commission Resolution No. 6735 constitute the
1 1
findings and conditions of the City Council.
12
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
13
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
14
published at least once in a publication of general circulation in the City of Carlsbad within
15
fifteen days after its adoption, but. (Notwithstanding the preceding, this ordinance shall not be
16
effective until approved by the California Coastal Commission.)
Ill
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 24th day of May 2011, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of 2011 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 3
ZCA 09-02
Strikeout-underline
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.
1
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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 applicationApplication and fees.
21.06.060 Filing fccsNotices and hearings.
21.06.070 Transmittal to the planning commissionDecision-niaking process.
21.06.080 Planning commission dcterminationAnnouncement 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..160430—Amendments to Final site development plans.
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:
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.(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 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:
1_.(4^ Special treatment areas as indicated in the general plan;
2.-(3) 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;
S.(5) Property where development could be detrimental to the environment, or the health,
safety and general welfare of the public.
R(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.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.(fe) 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:
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.(4-) 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 arc set out in Chapter 21.31, Section 21.31.Q40(D), for new or major amendments
to site development plans approved by tho city council.
21.06.030 Site development plan requirementd.
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:
I_.f4^ 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.
The planning director shall prescribe the form for site development plan applications and may
prescribe the type 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 be 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 site 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 thoreon by resolution. Notice of the public hearing shall be 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 commission concurrent with their consideration of the 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 administrative 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 administrative 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
administrative 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 determination Announcement of decision and findings of fact.
The planning commission may approve, conditionally approve or disapprove a site development
plan. Such determination shall bo 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 administrative 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.
B. 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-(4-) Special setbacks, yards, active or passive open space, required as part of the entitlement
process;
2.(3) Special height and bulk of building regulations;
3.(3) Fences and walls;
4.(4) Regulation of signs;
5.(§) Additional landscaping;
6.(6) Special grading restrictions;
7.f7) 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.(44) Regulation of point of ingress and egress;
ll.B-B Architecture, color, texture, materials and adornments;
12.ft5) 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.
The planning commission or city council on appeal may impose such conditions on the applicant
and the 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.
The planning commission shall announce its decision by resolution and shall order the plan
approved or denied. If such resolution grants approval of a site development plan, it shall also recite such
conditions, requirements, design criteria or development standards as the commission may impose.
21.06.130 Effective date of order.
The effective date of the planning commission's decision and method for appeal of such decision
shall be governed by Section 21.51.150 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 boon 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 the resolution of approval or if no time is specified
within one year from the date of approval.
21.06.170 Amendments to site development plans.
Amendments to a sito development plan may be initiated by the property owner or an authorized
agent. An application for amendment of an existing site development plan shall be processed, heard 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, the
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
21.209.040
21.209.050
21.209.060
21.209.070
21.209.080
21.209.090
Guiding principles for permitted uses.
Permitted primary and secondary uses.
Conditional use permit requirement.
Site development plan requirement.
Pre-submittal community input process.
Development and design standards.
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:
L Implement Proposition D, the "Preserve the Flower and Strawberry Fields and Save
Taxpayers Money" proposition enacted by the voters of Carlsbad in November 2006.
2. 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;
3. Encourage public uses, access, and community gathering places;
4. Ensure that all uses in the zone address traffic, circulation and transportation
impacts;
5. 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;
6.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;
T. Provide for community input on the design of proposed development and uses;
8. Protect areas of existing natural habitat in conformance with the city's habitat
management plan and local coastal program; and
9.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:
L "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.
L 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. Other uses that are not listed in Table A, and which can not be found to be similar
to those uses listed in Table A, may be recommended for approval as a permitted use to the
Planning Commission provided that the Planning Director ascertains all pertinent facts and the
Planning Commission, by resolution of record, sets forth its findings and its interpretations that the
use is substantially consistent with the intent and purpose and guiding principles (Sections
21.209.010 and 21.209.030) of this zone. Such Planning Commission resolution shall be forwarded
to the City Council as a recommendation and, if approved by resolution of the City Council,
thereafter such interpretation shall govern.
D. 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
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
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
X
X
X
X
P
X
CUP
1
1
2
1
CUP
2
1
i_i
10
32
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
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
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
P
X
X
X
X
P
X
CUP
2
1
1
1
2
1
1
1
1
1
2
1
CUP
1
1
11
Secondary Open Space Uses, continued
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
Notes:
JL 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:
L _ 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.
L _ 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:
12
i. 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.
_L 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 (O-Oualified 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:
L 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.
13
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.
L Lot coverage shall not exceed 50% of the lot.
B. Lot Area, minimum
ii 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.
!_. 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.
E. Habitat Preservation.
L 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.
L 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.
L 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
14
3(c
incorporate feasible and appropriate public access elements for walking and bicycling that
interconnect uses and sites in the zone.
L Civic and Public Gathering Places.
_L 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.
L 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.
L 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 (APT) 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.
15
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EXHIBIT 4
1 ORDINANCE NO. CS-146
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 09-06,
4 FROM THE OPEN SPACE ZONE (OS) TO THE CANNON
ROAD-AGRICULTURAL/OPEN SPACE ZONE (CR-A/OS) AND
5 DELETING THE COMMERCIAL/VISITOR-SERVING OVERLAY
ZONE ON APPROXIMATELY 244 ACRES GENERALLY
6 LOCATED NORTH OF PALOMAR AIRPORT ROAD, ALONG
THE NORTH AND SOUTH SIDES OF CANNON ROAD, EAST
7 OF THE I-5 FREEWAY AND WEST OF FARADAY AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 13.
8 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL
AND OPEN SPACE LANDS
9 CASE NO.: ZC 09-06
10 The City Council of the City of Carlsbad, California, does ordain as follows:
11 SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, being the
12 zoning map, is amended as shown on the map marked Exhibit "ZC 09-06," dated December 1,
13 2010 attached hereto and made a part thereof.
14 SECTION II: That the findings and conditions of the Planning Commission as set
15 forth in Planning Commission Resolution No. 6736 constitute the findings and conditions of the
16 City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
1 8 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
19 published at least once in a publication of general circulation in the City of Carlsbad within
20 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
21 effective until approved by the California Coastal Commission.)
22 ///
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 24th day of May 2011, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of 2011 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Exhibit "ZC 09-06'
December 1, 2010
ZC 09-06 Prop D - Cannon Road AG/OS Lands
Pacific
Ocean
| Commercial Visitor
Serving Overlay Zone
EXISTING
PROPOSED
Related Case File No(s): ZCA 09-02/LCPA 09-05/
SP 207(1 )/SP 144(K)
Zoning Designation Changes
Property
A.
B.
C.
D.
E.
211-010-05
211-010-28
211-010-31
211-023-11
211-023-13
From:
OS with CV-S overlay
OS with CV-S overlay
OS with CV-S overlay
OS
OS
To:
CR-A/OS
CR-A/OS
CR-A/OS
CR-A/OS
CR-A/OS
EXHIBITS
ORDINANCE NO. CS-147
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN
3 AMENDMENT 207(1) TO IMPLEMENT PROPOSITION D FOR
THE CANNON ROAD AGRICULTURAL AND OPEN SPACE
4 LANDS ON PROPERTY GENERALLY LOCATED NORTH OF
PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST
5 OF PASEO DEL NORTE AND WEST OF FARADAY AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 13.
6 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND
OPEN SPACE LANDS
7 CASE NO.: SP 207(1)
8 The City Council of the City of Carlsbad, California, does ordain as follows:
9 WHEREAS, the Carlsbad Ranch Specific Plan (SP 207) was originally adopted
10 by City Council Ordinance No. NS-227 on March 16, 1993 and has been amended several
11 times and contains the uses, development standards and design for the development of the
12 subject property; and
WHEREAS, the amendment is necessary to fully implement Proposition D for the
Cannon Road Agricultural and Open Space Lands which affects properties within SP 207; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered Specific Plan Amendment SP 207(1) for the Carlsbad Ranch Specific Plan; and
17 WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said Specific Plan Amendment
19 (SP 207(1)) be approved.
90 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
21 follows:
22 SECTION I: That SP 207(1), on file in the Planning Department, and incorporated
herein by reference, is adopted. The Carlsbad Ranch Specific Plan shall constitute the
24 development plan for the property and all development within the plan area shall conform to the
25 plan'
SECTION II: That the Carlsbad Ranch Specific Plan (SP 207), as amended to
27 date, and further amended by Specific Plan Amendment 207(1), dated December 1, 2010, is
28 approved.
1 SECTION III: That Specific Plan Amendment 207(1) replaces text and revises
2 graphics in the Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(1).
3 SECTION IV: That the findings and conditions of the Planning Commission in
4 Planning Commission Resolution No. 6738 shall constitute the findings and conditions of the
5 City Council.
6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
7 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
8 published at least once in a publication of general circulation in the City of Carlsbad within
9 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
1 0 effective until approved by the California Coastal Commission.)
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 24th day of May 2011, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of 2011 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 6
1 ORDINANCE NO. CS-148
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN
3 AMENDMENT 144(K) TO IMPLEMENT PROPOSITION D FOR
THE CANNON ROAD AGRICULTURAL AND OPEN SPACE
4 LANDS ON PROPERTY GENERALLY LOCATED NORTH OF
CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON,
5 EAST OF THE I-5 FREEWAY AND WEST OF FARADAY
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 13.
6 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND
OPEN SPACE LANDS
7 CASE NO.: SP 144(K)
8 The City Council of the City of Carlsbad, California, does ordain as follows:
9 WHEREAS, the Encina Specific Plan SP 144 was originally adopted by City
10 Council Ordinance No. 9279 on August 3, 1971 and has since been amended several times and
contains the rules and regulations for the orderly development of 680 acres of land; and
12 WHEREAS, the amendment is necessary to fully implement Proposition D for the
Cannon Road Agricultural and Open Space Lands which affects properties within SP 144; and
14 WHEREAS, the City Council of the City of Carlsbad has reviewed and
15 considered Specific Plan Amendment SP 144(K) for the Encina Specific Plan; and
16 WHEREAS, after procedures in accordance with requirements of law, the City
' Council has determined that the public interest indicates that said SP 144(K) be approved.
18 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
19 follows:
SECTION I: That SP 144(K), on file in the Planning Department, and
incorporated herein by reference, is adopted. SP 144(K) shall constitute the development plan
~~ for the property and all development of the within the plan area shall conform to the plan.
SECTION II: That SP 144(K), as amended to date, and further amended by
24 Specific Plan Amendment SP 144 (K), dated December 1, 2010, is approved.
SECTION II: That SP 144(K) replaces text and revises Exhibit C in the Encina
26 Specific Plan SP 144, as shown on Attachment SP 144(K).
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1 SECTION IV: That the findings and conditions of the Planning Commission in
2 Planning Commission Resolution No. 6739 shall constitute the findings and conditions of the
3 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.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 24th day of May 2011, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of 2011 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 7
1 RESOLUTION NO. 2011-111
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
3 DECLARATION FOR THE CANNON ROAD AGRICULTURAL
AND OPEN SPACE LANDS.
4 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL
AND OPEN SPACE LANDS
5 CASE NO.: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(l)/
SP144(K)
6
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on December 1, 2010, hold a duly noticed public hearing as prescribed by law
8
to consider a Negative Declaration for the Cannon Road Agricultural and Open Space Lands,
9
and adopted Planning Commission Resolution No. 6734 recommending to the City Council
10
adoption of the Negative Declaration.
WHEREAS, the City Council did on the 24th day of May 2011 hold a
12
duly noticed public hearing as prescribed by law to consider the Negative Declaration; and
WHEREAS, at said public hearing, upon hearing and considering all testimony14
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Negative Declaration.16
NOW, THEREFORE, the City Council of the City of Carlsbad, California does
hereby resolve as follows:18
i o 1. That the above recitations are true and correct.
20 2. That the findings and conditions of the Planning Commission as set forth
in Planning Commission Resolution No. 6734 on file with the City Clerk and made a part hereof
21 by reference, constitute the findings of the City Council in this matter.
22 3. That the application for a Negative Declaration is adopted and approved
as shown in Planning Commission Resolution No. 6734 on file with the City Clerk and
23 incorporated herein by reference.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of May , 2011, by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Packard.
4
5 | NOES: None.
6
ABSENT: Council Member Douglas.
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11 MATT HALL, Mayor
12 ATTEST:
13
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UNE M. WOOD, City Clerk
16 (SEAL)
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EXHIBIT 8
1 RESOLUTION NO. 2011-112
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL
3 PROGRAM AMENDMENT (LCP) TO AMEND: 1) THE LCP ZONE
MAP, 2) THE AGUA HEDIONDA SEGMENT LCP LAND USE
4 PLAN, 3) THE MELLO II SEGMENT LCP LAND USE PLAN, 4)
THE IMPLEMENTING ORDINANCE OF THE CARLSBAD LOCAL
5 COASTAL PROGRAM (TITLE 21- ZONING) TO ADD AND
ENACT CHAPTER 21.209 AND TO AMEND SECTION 21.05.010
6 AND CHAPTER 21.06, 5) THE CITY OF CARLSBAD ZONING
MAP, AND 6) THE CARLSBAD RANCH SPECIFIC PLAN
7 SP 207(1) TO IMPLEMENT PROPOSITION D FOR THE
CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS.
8 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL
AND OPEN SPACE LANDS
9 CASE NO.: LCPA 09-05
10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
11 Commission did, on December 1, 2010, hold a duly noticed public hearing as prescribed by law
12 to consider a Local Coastal Program Amendment (LCPA 09-05), and adopted Planning
13 Commission Resolution No. 6737 recommending to the City Council approval of LCPA 09-05.
14 WHEREAS, the City Council did on the 24th day of May 2011 hold a
15 duly noticed public hearing as prescribed by law to consider the Local Coastal Program
1" Amendment; and
1 71' WHEREAS, at said public hearing, upon hearing and considering all testimony
18 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
19 relating to the Local Coastal Program Amendment.
90zu NOW, THEREFORE, the City Council of the City of Carlsbad, California does
21 hereby resolve as follows:
22 1. That the above recitations are true and correct.
23
2. That the findings of the Planning Commission as set forth in Planning
24 Commission Resolution No. 6737 on file with the City Clerk and made a part hereof by
reference, constitute the findings of the City Council in this matter.
25
3. That the Planning Commission recommended amendments to the zoning
26 ordinance (ZCA 09-02), zoning map (ZCA 09-06), and Carlsbad Ranch Specific Plan (SP 207(1)
as shown on Planning Commission Resolution Nos. 6735, 6736, and 6738 be approved and
27 incorporated herein by reference.
28 ///
4. That the application for a Local Coastal Program Amendment (LCPA 09-
05) is adopted and approved as shown in Planning Commission Resolution No.6737, on file
with the City Clerk and incorporated herein by reference, except as modified as follows:
That the revisions further modifying Policies 2.1, 2.2 and 2.3 as shown on "Attachment A -
"Revised Exhibit B - Agua Hedionda" be approved and incorporated into the Agua Hedionda
LCP Land Use Plan.
5. That the approval of LCPA 09-05 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of May , 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Packard.
NOES: None.
ABSENT: Council Member Douglas.
MATT tfALL, Mayor
ATTEST:
)RRAINE M. WOOD, City Clerk
(SEAL)
ATTACHMENT A
"Revised Exhibit B - Agua Hedionda"
ADOPTED MAY, 1982
Kelly Ranch LCP Amendment
July 11, 2000
Habitat Management Plan LCP Amendment
August 8, 2003
NPDES Update
August 14, 2006
Cannon Road Agricultural/Open Space Zone Amendment
XXXXXX
uncontrolled access into the buffer area. Private recreation and landscape
improvements in the buffer area shall be made in consultation with the State
Department of Fish and Game. Maintenance of the buffer area shall be the
responsibility of the homeowners association.
c) The area beyond the developable portion of the property and the buffer area shall
be dedicated in fee or easement to an appropriate public agency. Access to this
area shall be restricted to scientific, educational or other uses consistent with
resource management in a manner acceptable to the State Department of Fish and
Game.
1.5 The Hedionda Point area between the Hoover Street extension and Whitey's Landing
shall be designated RLM (0-4 units per acre).
1.6 To enhance public recreation activities, the area between Snug Harbor and Hoover
Street shall be designated RC, for recreational commercial use.
1.7 The area designated "Community Park" shall be zoned open space (OS). Cannon
Road Agricultural/Open Space (CR-A/OS) and Uuses in this area shall be
regulated by the open space that zone, aad All uses shall be sited so that there are no
significant adverse impacts on remaining agricultural lands, wildlife habitats and
environmentally sensitive areas.
1.8 The "Ecke" property shall be regulated as follows:
a) The primary use of the site shall be aquaculture. Other coastal dependant and
visitor-serving commercial uses shall be allowed, provided they occupy no more
than 50% of the site.
b) As secondary uses, in the interim period while aquaculture alternatives are being
studied, other uses may be permitted which would necessitate minimal site
disturbance or capital investment, including active recreation (fishing, tent
camping, etc.), beach access parking, short-term recreational vehicle parking, and
temporary accessory commercial facilities (bait-and-tackle shop, food concession,
etc.);
c) All uses shall be regulated by conditional use permit. All proposed uses shall be
conditioned to provide all access improvements required by this plan, and shall
provide peripheral landscaping which at maturity will screen all objectionable
improvements (i.e., aquaculture facility, outside storage, parking areas, etc.) as
viewed from Carlsbad Boulevard.
1.9 Building height shall be limited to a maximum of 35 feet. Building setbacks and lot
coverage shall be regulated by the applicable zoning designation, except as
specifically modified in this plan.
1.10 The 45 acre parcel owned by SDG&E located on the south shore immediately east of
the freeway shall be designated TS, Travel Services. Conversion of the property to
commercial development shall be subject to a future specific plan and the applicable
policies relating to agricultural conversion. A future specific plan will be required by
the City for development of the property.
16
Agricultural activities in the plan area are limited to south shore properties. This area is
contiguous with other large agricultural lands to the south and east.
Policies
2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, and
the policies of this plan. Conversion of agricultural property tq non-agricultural
uses shall be subject to the City's Agricultural Conversion Mitigation Fee
2.2 The south shore agricultural lands identified as OS on Exhibit "C" to this plan shall
be designated "Open Space". This area shall bo zoned "Exclusive Agriculture" in the
implementation phase of the plan, and zoned "Cannon Road Agricultural/Open
Space (CR-A/OS)". The continuation of agricultural use of these lands shall be
supported for as long as it remains economically viable for the landowner. When
the landowners determine that agriculture is no longer economically viable, other
open space uses shall be permitted consistent with and subject to the provisions
of Carlsbad Municipal Code Chapter 21.209 - Cannon Road Agricultural/Open
Space Zone, which is incorporated herein by reference. Nothing in this nlan
prohibits or limits the continuation of the following utility uses which are also
permitted as a matter of right in the Cannon Road Agricultural/Open Space
Zone: 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
gasT synthetic natural gasT oil °r other forms of energy sources, with the necessary
accessory equipment incidental thereto, together with utility buildings/facilities
that are built, operated or maintained by a public utility to the extent they are
regulated by the California Public Utilities Commission.
2.3 Conversion of the 45-acre SDG&E south shore property identified as TS on Exhibit
"C" to this plan shall be subject to the following conditions:
a) Prior to development SDG&E shall record a permanent open space easement over
the remaining agriculruralQS lands on said Exhibit "C" in favor of the City of
Carlsbad. Said easement shall not prohibit or limit the following utility uses
which are also permitted as a matter of right in limit uses to those allowpd by
agriculture, utility-right-of-way and maintenance, roadways, and recreation trails
that do not interfere -with-agricultural operationsand—other open-space uooo
gH&feet to the provisiona^-the Cannon Road Agricultural/Open Space Zone:
Energy transmission and distribution facilitiesT 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 gast synthetic natural gas, oil or other forms of energy sources, with
the necessary accessory equipment incidental thereto, together with utility
buildings/facilities that are built, operated or maintained by a public utility to
the extent they are regulated by the California Public Utilities Commission.
Conversion of these remaining lands to non-agricultural uses shall be subject
to the City's Agricultural Conversion Mitigation Fee Program.
18
5<t
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&B 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.
19
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7. SHORELINE ACCESS
• Coastal Act Policies
30210. In carrying out the requirement of Section 2 of Article XV of the California
Constitution, maximum access, which shall be conspicuously posted, and recreational
opportunities shall be provided for all the people consistent with public safety needs and the
need to protect public rights, rights of private property owners, and natural resource areas
from overuse.
30211. Development shall not interfere with the public's right of access to the sea where
acquired through use, or legislative authorization, including, but not limited to, the use of dry
sand and rock coastal beaches to the first line of terrestrial vegetation.
30212. Public access from the nearest public roadway to the shoreline and along the coast
shall be provided in new development projects except where (1) it is inconsistent with public
safety, military security needs, or the protection of fragile coastal resources, (2) adequate
access exists nearby, or (3) agriculture would be adversely affected. Dedicated access ways
shall not be required to be opened to public use until a public agency or private association
agrees to accept responsibility for maintenance and liability of the access way. Nothing in
this division shall restrict public access nor shall it excuse the performance of duties and
responsibilities of public agencies which are required by Section 66478.1 to 66478.14,
inclusive, of the Government Code and by Section 2 of Article XV of the California
Constitution.
30212.5 Wherever appropriate and feasible, public facilities including parking areas or
facilities shall be distributed throughout an area so as to mitigate against the impacts, social
and otherwise, of overcrowding or overuse by the public of any single area.
• Discussion
Public access to, and along the coast, is a basic requirement of the Coastal Act. Access is
generally referred to as lateral (along the shoreline or blufftops) and vertical (access from a
public road or easement to the shoreline). Access ways may consist of bike trails, hiking
trails, viewpoints, stairs, parking areas, public transit and relevant support facilities.
The public's rights of access to the water areas can partially be provided for by existing utility
easements and leasehold interests (i.e., sewer, water) held by the City. The Land Use Plan
calls for additional vertical and lateral access ways to be acquired either through agreements
with the property owners or as conditions of approval for development.
There are factors which limit the desirability of unrestricted access to the lagoon. Along the
south shore, the slope conditions are such that attempts and the location of natural habitat
areas severely limit the feasibility ofie providinge usable access to the water's edge,, could
only be-acoomplishod-through extensive grading with its potentially detrimental impacts, and
would also be disruptive to the agricultural activities along this bluff. It is therefore proposed
that public access to the south shore will be limited to viowing-areas and pocket beaches that
do not interfere with-agricultural-production or impact environmentally sensitive areas shall
51
only be considered at locations that minimize grading and avoid and/or minimize
impacts to environmentally sensitive habitat areas. The wildlife preserve proposed for the
easterly portion of the lagoon and the adjacent mudflats should also be protected from
uncontrolled access, except as needed for management/maintenance activities.
The public beach area at the mouth of the lagoon currently provides parking and limited
support facilities. Informal pedestrian access is provided at the south end of the beach area,
through SDG&E property. Dirt walking trails exist along much of the north shore area. The
most heavily used appears to be the shoreline area between the YMCA on the middle lagoon,
and the beach/fishing areas on the outer lagoon.
Primary bicycle routes currently developed include designated routes along El Camino Real
and Carlsbad Boulevard. The coastal route along Carlsbad Boulevard is part of a regional
bikeway providing continuous bicycle access from Oceanside, south to Del Mar.
Policies
7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers
and drinking fountains shall be installed at the locations indicated on Exhibit I.
7.2 Pedestrian access ways shall be located as shown on Exhibit J.
7.3 All pedestrian trails shall be constructed to a minimum width of 5 feet. Combination
bicycle/pedestrian trail shall be a minimum 10 feet wide.
7.4 Vertical pedestrian access easements shall be a minimum 10 feet in width. Combina-
tion bicycle/pedestrian easements and lateral easements shall be a minimum 25 feet in
width.
7.5 Bike route and pedestrian improvements shall be financed according to the following
criteria:
(1) Routes through established neighborhoods such as Carlsbad Boulevard and Tamarack
Avenue shall be financed with City, State or Federal funds.
52
EXHIBIT 9
1 RESOLUTION NO. 2011-113
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MINOR SITE
3 DEVELOPMENT PLAN APPLICATION FEE.
4 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
5
WHEREAS, the City of Carlsbad has established a new Minor Site Development
6
Plan review process whereby projects requiring approval of a Minor Site Development Plan may
7
be approved administratively by the Planning Director rather than at a public hearing before the
8
Planning Commission; and
9
WHEREAS, there will be staff costs to the City associated with processing Minor
Site Development Plans pursuant to the provisions of the Municipal Code; and
WHEREAS, Government Code Section 66014(a) provides that any fees charged
for the services listed above must not exceed the estimated reasonable costs of providing the
13
services for which the fee is charged; and
WHEREAS, because the Minor Site Development Plan review process as
proposed will duplicate the City's existing Administrative Variance (AV), Minor Conditional Use16
Permit (CUP), and Nonconforming Construction Permit (NCP) review processes, staff is
recommending that the new Minor Site Development Plan application fee be equal to the18
existing AV, Minor CUP, and NCP application fees ($697); and
WHEREAS, this new $697 fee is a reasonable estimate of staff costs for
„. processing Minor Site Development Plans; and
22 WHEREAS, the City Council of the City of Carlsbad, on the24thday of May 2011,
~o held a duly noticed public hearing to adopt a new Minor Site Development Plan application fee
24 and at that time received recommendations, objections, protests, comments of all persons
25 interested in or opposed to the Minor Site Development Plan application fee.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
27 of Carlsbad, California, as follows:
28 1 • That the above recitations are true and correct.
1 1. That the above recitations are true and correct.
2 2. That the City Council approves the new Minor Site Development Plan
application fee of $697.
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-2- ^
MATT HALL, Mayor
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 24th day of May 2011, by the following vote to wit:
3..
AYES: Council Members Hall, Kulchin, Blackburn, Packard.
4 "
5 NOES. None.
6
7 ABSENT: Council Member Douglas.
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(tj3RRAlNE M. WOOD, City Clerk
16 (SEAL)
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EXHIBIT 10
1 PLANNING COMMISSION RESOLUTION NO. 6734
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A NEGATIVE DECLARATION FOR ZONING
4 AND RELATED LAND USE DOCUMENT AMENDMENTS
NECESSARY TO IMPLEMENT PROPOSITION D FOR THE
CANNON ROAD AGRICULTURE AND OPEN SPACE LANDS
6 GENERALLY LOCATED NORTH OF PALOMAR AIRPORT
ROAD, ALONG THE NORTH AND SOUTH SIDES OF
7 CANNON ROAD, EAST OF THE 1-5 FREEWAY AND WEST
OF FARADAY AVENUE AND IN LOCAL FACILITIES
8 MANAGEMENT ZONE 13.
9 CASE NAME: PROP D - CANNON ROAD
AGRICULTURAL AND OPEN SPACE
10 LANDS
CASE NO: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)1
11 SP 144CK)
12 WHEREAS, the City of Carlsbad has filed a verified application for zoning
13
and related land use document amendments necessary to implement Proposition D for the
14
Cannon Road Agriculture and Open Space Lands affecting properties as shown on Exhibit
,fi A; and
17 WHEREAS, a Negative Declaration was prepared in conjunction with said
18 project; and
19 WHEREAS, the Planning Commission did on December 1, 2010, hold a duly
20 noticed public hearing as prescribed by law to consider said request; and
21
WHEREAS, at said public hearing, upon hearing and considering all testimony
22
and arguments, examining the initial study, analyzing the information submitted by staff, and
•^- J
24 considering any written comments received, the Planning Commission considered all factors
25 relating to the Negative Declaration.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission as follows:
28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
2 Commission hereby RECOMMENDS ADOPTION of the Negative Declaration,
Exhibit "ND," according to Exhibits "Notice of Intent (NOI)," and
3 "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto
and made a part hereof, based on the following findings:
4
- Findings:
5 1. The Planning Commission of the City of Carlsbad does hereby find:
7 a. it has reviewed, analyzed, and considered the Negative Declaration for PROP D -
CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - ZCA 09-
8 02/ZC 09-06/LCPA 09-057 SP 207(I)/SP 144(K), the environmental impacts therein
identified for this project and any comments thereon prior to RECOMMENDING
APPROVAL of the project; and
10
b. the Negative Declaration has been prepared in accordance with requirements of the
California Environmental Quality Act, the State Guidelines and the Environmental
, Protection Procedures of the City of Carlsbad; and
13 c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
14
d. based on the EIA and comments thereon, there is no substantial evidence the project
will have a significant effect on the environment.
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PC RESO NO. 6734 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on December 1, 2010, by the following
vote, to wit:
AYES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
NOES:
ABSENT: , ,
ABSTAIN: Chairperson Douglas
STEPHEN "HAP^L'HEUREUX, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6734 <e3
CITY OF
V CARLSBAD
Planning Department www.carlsbadca.gov
NOTICE OF INTENT TO ADOPT A
NEGATIVE DECLARATION
CASE NAME: Prop D - Cannon Road Agricultural/Open Space Lands
CASE NO: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(T)/SP 144(K)
PROJECT LOCATION: East of the Interstate 5 Freeway along the north and south sides of
Cannon Road west of Faraday Avenue and North of Palomar
Airport Road
PROJECT DESCRIPTION: The proposed project consists of 1) a Zone Code Amendment '
(ZCA09-02) to create a new zoning classification, Chapter 21.209 - Cannon Road Agricultural
and Open Space Zone (CR-A/OS) and to incorporate a minor site development plan review
process; 2) a Zone Change (ZC 09-06) to apply the new zone to several parcels of land located on
the north and south sides of Cannon Road east of the 1-5 Freeway and to remove the
Commercial/Visitor-Serving Overlay Zone; 3) a Local Coastal Program Amendment (LCPA 09-
05) to implement the Zone Change and Zone Code Amendments, and to amend sections of the
Mello II Local Coastal Program (LCP), Agua Hedionda LCP, and Carlsbad Ranch Specific Plan
SP 207(1) for consistency with the provisions of the new zone; and 4) two amendments to
existing Specific Plans (Carlsbad Ranch Specific Plan -SP 207(1) and Specific Plan 144(K)) to
ensure that provisions of the Specific Plans are consistent with the provisions of the new zone.
The Cannon Road Agricultural and Open Space Zone is being created in order to implement the
provisions of "Proposition D-Preserve the Flower and Strawberry Fields and Save Taxpayers
Money" (Prop D) approved by the City of Carlsbad voters in November, 2006. Prop D applied to
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 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 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 to accomplish full implementation of the measure and to determine the most
appropriate open space, recreational and public uses for the lands, should farming become no
longer economically viable for the landowners. Prop D went through environmental review in
conformance with the California Environmental Quality Act prior to its approval by the voters
and a Negative Declaration was approved and filed with the County Clerk.
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 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 Cannon Road Agricultural and Open Space Zone contains a list of permitted agriculture and
open space uses, guiding principles for establishment of the uses and standards that will apply to
1635 Faraday Avenue, Carlsbad, CA 92003-7314 T (760) 602-4600 F (760) 502-8559
future uses and development proposed in the zone. No physical development is proposed at this
time. The project consists entirely of policy actions that will regulate future development in the
area in which the zone is applied and amendments to existing land use documents to achieve
consistency. The new zone will apply to approximately 243 acres of land as shown on the
location map. The draft Zone Code Amendment, Zone Change and amendments to existing land
use documents are available at the City of Carlsbad Planning Department, 1635 Faraday Avenue,
Carlsbad, CA 92008.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental
review of the above described project pursuant to the Guidelines for Implementation of the
California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of
the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any |
potentially significant impacts on the environment. Therefore, a Negative Declaration will be
recommended for adoption by the City of Carlsbad City Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative
Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California
92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA
Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the
proposed finding that the project will not have a significant effect on the environment. If persons
and public agencies believe that the project may have a significant effect, they should: (1)
identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain
why they believe the effect would be significant. Please submit comments in writing to the
Planning Department within 30 days of the date of this notice.
The proposed project and Negative Declaration are subject to review and approval/adoption by
the City of Carlsbad Planning Commission and City Council. Additional public notices will be
issued when those public hearings are scheduled. If you have any questions, please call Barbara
Kennedy in the Planning Department at (760) 602-4626.
PUBLIC REVIEW PERIOD August 6, 2010 - September 5, 2010
PUBLISH DATE August 6. 2010
NEGATIVE DECLARATION
CASE NAME: Prop D - Cannon Road Agricultural/Open Space Lands
CASE NO: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(IVSP 144(K)
PROJECT LOCATION: East of the Interstate 5 Freeway along the north and south sides of
Cannon Road west of Faraday Avenue and North of Palomar Airport
Road.
PROJECT DESCRIPTION: The proposed project consists of 1) a Zone Code Amendment
(ZCA09-02) to create a new zoning classification, Chapter 21.209 - Cannon Road Agricultural and
Open Space Zone (CR-A/OS) and amend Chapter 21.06 - Qualified Development Overlay Zone tq
incorporate a minor site development plan review process; 2) a Zone Change (ZC 09-06) to apply
the new zone to several parcels of land located on the north and south sides of Cannon Road east of
the 1-5 Freeway and to remove the Commercial/Visitor-Serving Overlay Zone; 3) a Local Coastal
Program Amendment (LCPA 09-05) to implement the Zone Change and Zone Code Amendments,
and to amend sections of the Mello II Local Coastal Program, Agua Hedionda LCP, and Carlsbad
Ranch Specific Plan SP 207(1) for consistency with the provisions of the new zone; and 4) two
amendments to existing Specific Plans (Carlsbad Ranch Specific Plan -SP 207(1) and Specific Plan
144(K)) to ensure that provisions of the Specific Plans are consistent with the provisions of the new
zone. The Cannon Road Agricultural and Open Space Zone is being created in order to implement
the provisions of "Proposition D-Preserve the Flower and Strawberry Fields and Save Taxpayers
Money" (Prop D) approved by the City of Carlsbad voters in November, 2006. Prop D applied to
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 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 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 to accomplish full
implementation of the measure and to determine the most appropriate open space, recreational and
public uses for the lands, should farming become no longer economically viable for the landowners.
Prop D went through environmental review in conformance with the California Environmental
Quality Act prior to its approval by the voters and a Negative Declaration was approved and filed
with the County Clerk.
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 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 Cannon Road Agricultural and Open Space Zone contains a list of permitted agriculture and
open space uses, guiding principles for establishment of the uses and standards that will apply to
future uses and development proposed in the zone. No physical development is proposed at this
time. The project consists entirely of policy actions that will regulate future development in the area
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
in which the zone is applied and amendments to existing land use documents to achieve
consistency. The new zone will apply to approximately 243 acres of land as shown in the location
map. The draft Zone Code Amendments, Zone Change and amendments to existing land use
documents are available at the City of Carlsbad Planning Department, 1635 Faraday Avenue,
Carlsbad, CA 92008.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above
described project pursuant to the Guidelines for Implementation of the California Environmental
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the
environment, and the City of Carlsbad finds as follows:
/ ;i
1X1 The proposed project COULD NOT have a significant effect on the environment.
I | The proposed project MAY have "potentially significant impact(s)" on the environment, but
at least one potentially significant impact 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. (Negative
Declaration applies only to the effects that remained to be addressed).
I | Although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (a)
have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or
NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided
or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the proposed project. Therefore, nothing further is required.
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is
on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED: [CLICK HERE date] , pursuant jto
[CLICK HERE Administrative Approval PC/CC Resolution No., or CC Ordinance No.1
ATTEST:
DON NEU
Planning Director
Of?
ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207CIVSP 144(K)
DATE: 7/20/2010
BACKGROUND
1. CASE NAME: Prop D - Cannon Road Agricultural/Open Space Lands
2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad
3. CONTACT PERSON AND PHONE NUMBER: Barbara Kennedy. Associate Planner
' 760-602-4626
4. PROJECT LOCATION: East of the Interstate 5 Freeway along the north and south sides of
Cannon Road west of Faraday Avenue and North of Palomar Airport Road
5. PROJECT SPONSOR'S NAME AND ADDRESS: City of Carlsbad
6. GENERAL PLAN DESIGNATION: Open Space (OS)
7. ZONING: Open Space (OS)
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): California Coastal Commission
9. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
The proposed project consists of 1) a Zone Code Amendment (ZCA 09-02) to create a new
zoning classification. Chapter 21.209 - Cannon Road Agricultural and Open Space Zone (CR-
A/OS) and to amend Chapter 21.06 - Qualified Development Overlay Zone to incorporate a
minor site development plan review process; 2) a Zone Change (ZC 09-06) to apply the new zone
to several parcels of land located on the north and south sides of Cannon Road east of the 1-5
Freeway and to remove the Commercial/Visitor-Serving Overlay Zone; 3) a Local Coastal
Program Amendment (LCPA 09-05) to implement the Zone Change and Zone Code Amendments
and to amend sections of the Mello II Local Coastal Program (LCP). Agua Hedionda LCP. and
Carlsbad Ranch Specific Plan SP 207(1) for consistency with the provisions of the new zone: and
4) two amendments to existing Specific Plans (Carlsbad Ranch Specific Plan -SP 207(1) and
Specific Plan 144(KV) to ensure that provisions of the Specific Plans are consistent with the
provisions of the new zone. The Cannon Road Agricultural and Open Space Zone is being
created in order to implement the provisions of "Proposition D-Preserve the Flower and
Strawberry Fields and Save Taxpayers Money" (Prop D) approved by the City of Carlsbad voters
in November. 2006. Prop D applied to 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 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 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
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
comprehensive planning process with broad public participation to accomplish full
implementation of the measure and to determine the most appropriate open space, recreational
and public uses for the lands, should farming become no longer economically viable for the
landowners. Prop D went through environmental review in conformance with the California
Environmental Quality Act prior to its approval by the voters and a Negative Declaration was
approved and filed with the County Clerk.
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 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 Cannon Road Agricultural and Open Space Zone (attached as Exhibit A to this assessment)
contains a list of permitted agriculture and open space uses, guiding principles for establishment
of the uses and standards that will apply to future uses and development proposed in the zone.
No physical development is proposed at this time. The project consists entirely of policy actions
that will regulate future development in the area in which the zone is applied and amendments to
existing land use documents to achieve consistency. The new zone will apply to approximately
243 acres. A map identifying the land area to which the Zone will be applied and the zoning
classification will be changed from Open Space Zone to Cannon Road Agricultural and Open
Space Zone is attached as Exhibit B. The amendments to existing land use documents are
summarized below:
SUMMARY OF AMENDMENTS
ZCA 09-02 - Zone Code Amendment:
• Creates a new zoning classification, Chapter 21.209 - Cannon Road Agricultural and Open Space
Zone (CR-A/OS) (Exhibit A).
• Amends Chapter 21.06 - Qualified Development Overlay Zone to incorporate a minor site
development plan review process.
ZCA 09-06 - Zone Change:
• Applies the new zone to the subject property (see Exhibit B).
• Removes the Commercial Visitor-Serving Overlay Zone.
LCPA 09-05 - Local Coastal Program Amendment:
• Implements the Zone Change and Zone Code Amendments listed above into the Local Coastal
Program.
• Amends sections of the Mello II Local Coastal Program (LCP) for consistency with the CR-A/OS
zone.
• Amends sections of the Agua Hedionda LCP for consistency with the CR-A/OS zone.
» Implements the amendments to the Carlsbad Ranch Specific Plan SP 207(1) required for
consistency with the provisions of the new zone.
Rev. 03/09/10 (sn
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
Specific Plan Amendments:
• Specific Plan SP 207(1): Amends Planning Area 8 of the Carlsbad Ranch Specific Plan from
Golf Course to Agriculture and Open Space, including related revisions to text and exhibits.
• Specific Plan 144(K): amends the Zoning Map and related text for consistency with the CR-
A/OS zone. SP 144(K) has not been certified by the California Coastal Commission and is not
included in the LCPA amendment.
Copies of the draft documents are available for review at the Carlsbad Planning Department., 1635
Faraday Avenue, Carlsbad, CA 92008 or contact Barbara Kennedy, Associate Planner, at 760.602.4626 or
Barbara.Kennedy@carlsbadca.gov.
Rev. 03/09/10 _^
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
Aesthetics Greenhouse Gas Emissions
Agricultural and Forestry | | Hazards/Hazardous Materials
Resources
I Hydrology/Water Quality
Air Quality
Land Use and Planning
Biological Resources
Cultural Resources
Geology/Soils
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation/Traffic
Utilities & Service Systems
Mandatory Findings of
Significance
Rev. 03/09/10
71
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
DETERMINATION.
(To be completed by the Lead Agency)
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis
as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION
pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required.
Date
Planning Director's Signature Date
Rev. 03/09/10
IT
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an
Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the
environment. The Environmental Impact Assessment appears in the following pages in the form of a
checklist. This checklist identifies any physical, biological and human factors that might be impacted by
the proposed project and provides the City with information to use as the basis for deciding whether to
prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved
EIR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by an information source cited in the parentheses following each question. A "No
Impact" answer is adequately supported if the referenced information sources show that the
impact simply does not apply to projects like the one involved. A "No Impact" answer should be
explained when there is no source document to refer to, or it is based on project-specific factors
as well as general standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the potential
impact is not significantly adverse, and the impact does not exceed adopted general standards and
policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than
Significant Impact." The developer must agree to the mitigation, and the City must describe the
mitigation measures, and briefly explain how they reduce the effect to a less than significant
level.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significantly adverse.
• Based on an "EIA-Initial Study", if a proposed project could have a potentially significant
adverse effect on the environment, but all potentially significant adverse effects (a) have been
analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon the
proposed project, and none of the circumstances requiring a supplement to or supplemental EIR
are present and all the mitigation measures required by the prior,environmental document have
been incorporated into this project, then no additional environmental document is required.
• When "Potentially Significant Impact" is checked the project is not necessarily required to
prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding
Considerations" has been made pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the
project or any of its aspects may cause a significant adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public review. In this case, the
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and
a Mitigated Negative Declaration may be prepared.
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not
limited to the following circumstances: (1) the potentially significant adverse effect has not been
discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does
' not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a
"Statement of Overriding Considerations" for the significant adverse impact has not been made
pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to
less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine
the level of significance for a potentially adverse effect, or determine the effectiveness of a
mitigation measure in reducing a potentially significant effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears after each related set of
questions. Particular attention should be given to discussing mitigation for impacts, which would
otherwise be determined significant.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
I. AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including but not limited to, trees, rock
outcroppings, and historic buildings within a
State scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light and
glare, which would adversely affect day or
nighttime views in the area?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a, b, c, d) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. The Cannon
Road Agricultural and Open Space Zone contains development and design standards that will help ensure
that future development in the zone will protect the aesthetic and visual character of the area located in
the zone.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
II. AGRICULTURAL AND FORESTRY
RESOURCES - (In determining whether impacts to
agricultural resources are significant environmental
effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment
Model-1997 prepared by the California Department
of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources,
including timberland, are significant environmental
effects, lead agencies may refer to information
compiled by the California Department of Forestry
and Fire Protection regarding the state's inventory of
forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment Project; and forest carbon measurement
methodology provided in Forest Protocols adopted
by the California Air Resources Board.) Would the
project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D D
D
D n n
n n n
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
e) Involve other changes in the existing I I I I I I [>\l
environment, which, due to their location or
nature, could result in conversion of Farmland to
non-agricultural use or conversion of forest land
to non-forest use?
a, b, c, d, e) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. The Cannon
Road Agricultural and Open Space Zone supports the continuation of agriculture in the zone by
permitting agricultural and supporting uses that enhance the economic viability of agriculture in the zone.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
III. AIR QUALITY - (Where available, the
significance criteria established by the applicable air
quality management or air pollution control district
may be relied upon to make the following
determinations.) Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is in non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area
for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PMio). The
periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin
(SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the
pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment
planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air
Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG).
A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the
1991 state-mandated plan. This local plan was combined with plans from all other California non-
attainment areas having serious ozone problems and used to create the California State Implementation
Plan (SIP). The SIP was adopted by the Air Resources Board (ARJB) after public hearings on November
9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval.
After considerable analysis and debate, particularly regarding airsheds with the worst smog problems,
EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that
are incorporated into the air quality planning document. These growth assumptions are based on each
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
city's and the County's general plan. If a proposed project is consistent with its applicable General Plan,
then the project presumably has been anticipated with the regional air quality planning process. Such
consistency would ensure that the project would not have an adverse regional air quality impact.
Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains
specific reference to the need to evaluate any inconsistencies between the proposed project and the
applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS.
The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal
ambient air quality standards. The California Air Resources Board provides criteria for determining
whether a project conforms with the RAQS which include the following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan? ;
The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is
being implemented. The project is consistent with the growth assumptions in the regional air quality plan
and will in no way conflict with or obstruct implementation of the regional plan.
b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at
Camp Pendleton. Data available for this monitoring site from 2000 through December, 2004, indicate
that the most recent air quality violations recorded were for the state one hour standard for ozone (a total
of 10 days during the 5-year period). No other violations of any air quality standards have been recorded
during the 5-year time period. (Add the following text addressing short-term emissions, if there is
grading associated with the project.) The project would involve minimal short-term emissions
associated with grading and construction. Such emissions would be minimized through standard
construction measures such as the use of properly tuned equipment and watering the site for dust control.
Long-term emissions associated with travel to and from the project will be minimal. Although air
pollutant emissions would be associated with the project, they would neither result in the violation of any
air quality standard (comprising only an incremental contribution to overall air basin quality readings),
nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as
less than significant.
c, d, e) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. As noted
above, the proposed project would not result in substantial pollutant emissions or concentrations. In
addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project.
-70
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
IV. BIOLOGICAL RESOURCES - Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by California Department of
Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any
riparian, aquatic or wetland habitat or other
sensitive natural community identified in local
or regional plans, policies, or regulations or by
California Department of Fish and Game or U.S.
Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including but not limited
to marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption,
or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a, b, c, d, e, f) No impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. A standard
contained in the Cannon Road Agricultural and Open Space Zone prohibits impacts to existing habitat
areas identified in the approved Carlsbad Habitat Management Plan. The standard also encourages the
restoration of disturbed areas of natural habitat.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
V. CULTURAL RESOURCES - Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined
in §15064.5?
b) Cause a substantial adverse change in the
significance of an archeological resource
pursuant to §15064.5?
c) Directly or indirectly destroy a unique pale
ontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a, b, c, d) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. Standards in
the Cannon Road Agricultural and Open Space Zone encourage future development in the zone to
incorporate design elements that reflect the historical and cultural character of the area located in the
zone.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
VI. GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
d) Be located on expansive soils, as defined in
Section 1802.3.2 of the California Building
Code (2007), creating substantial risks to life or
property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a, b, c, d, e) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
VII. GREENHOUSE GAS EMISSIONS - Would the
project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purposes of reducing
the emissions of greenhouse gases?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a, b) No Impact. There is no physical development proposed as part of this project. The project consists
of policy actions to create a new zone classification, apply the classification to the affected area and
amend existing land use documents for consistency with the provisions of the new zone.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
VIII. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or environment?
e) For a project within an airport land use plan, or
where such a plan has not been adopted, within
two miles of a public airport or public use
airport, would the project result in a safety
hazard for people residing or working in the
project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
a, b, c, d, e, f, g, h) No Impact. There is no physical development proposed as part of this project. The
project consists of policy actions to create a new zone classification, apply the classification to the
affected area and amend existing land use documents for consistency with the provisions of the new zone.
The area to which the new zoning classification would be applied is located outside of the flight impact
zone as shown in the McCellan-Palomar Airport Land Use Compatibility Plan.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
IX. HYDROLOGY AND
Would the project:
WATER QUALITY -
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with ground water
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
ground water table level (i.e., the production
rate of pre-existing nearby wells would drop
to a level which would not support existing
land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner, which would result in
substantial erosion or siltation on- or off-site?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
d) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the flow rate or
amount (volume) of surface runoff in a
manner, which would result in flooding on- or
off-site?
e) Create or contribute runoff water, which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
f) Otherwise
quality?
substantially degrade water
Place housing within a 100-year flood hazard
area as mapped on a Federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood delineation map?
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
h) Place within 100-year flood hazard area
structures, which would impede or redirect
flood flows?
Expose people or structures to a significant
risk of loss, injury or death involving
flooding, including flooding as a result of the
failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
k) Increase erosion (sediment) into receiving
surface waters.
1) Increase pollutant discharges (e.g., heavy
metals, pathogens, petroleum derivatives,
synthetic organics, nutrients, oxygen-
demanding substances and trash) into
receiving surface waters or other alteration of
receiving surface water quality (e.g.
temperature, dissolved oxygen or turbidity?
m) Change receiving water quality (marine, fresh
or wetland waters) during or following
construction?
n) Increase any pollutant to an already impaired
water body as listed on the Clean Water Act
Section 303(d) list?
o) Increase impervious surfaces and associated
runoff?
p) Impact aquatic, wetland, or riparian habitat?
q) Result in the exceedance of applicable surface
or groundwater receiving water quality
objectives or degradation of beneficial uses?
a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q) No Impact. There is no physical development proposed as
part of this project. The project consists of policy actions to create a new zone classification, apply the
classification to the affected area and amend existing land use documents for consistency with the
provisions of the new zone.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
IX. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over
the project (including but not limited to the
general plan, specific plan, local coastal program,
or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
D
a, b, c) No Impact. The project will result in the creation of a new zoning classification, however, no
physical development in the zone is proposed at this time. In order not to conflict with sections of existing
land use documents including two Specific Plans and the City's Local Coastal Program, actions are also
proposed as part of this project to amend those documents for consistency with the provisions of the new
zone. The new zone also includes a standard that would prohibit impacts to existing areas of natural
habitat identified in the approved Carlsbad Habitat Management Plan.
XI. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of future value to
the region and the residents of the State?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
Potentially
Significant
Potentially Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
a, b) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XII. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundbourne vibration or
groundbourne noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity
above levels existing without the project?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within 2 miles of a public airport or public use
airport, would the project expose people
residing or working in the project area to
excessive noise levels?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
f) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
a, b, c, d, e, f) No Impacts. There is no physical development proposed as part of this project. The
project consists of policy actions to create a new zone classification, apply the classification to the
affected area and amend existing land use documents for consistency with the provisions of the new zone.
The area to which the zone would be applied is located outside of the noise impact areas as shown in the
McCellan-Palomar Airport Land Use Compatibility Plan,
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XIII. POPULATION AND HOUSING - Would the
project:
a) Induce substantial growth in an area either
directly (for example, by proposing new
homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a, b, c) No Impact. There is no housing located in the area to which the Cannon Road Agricultural and
Open Space Zone will be applied. The existing Open Space (OS) Zone for the area does not permit
housing and the new zoning classification will not permit residential use.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XIV. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision
of new or physically altered government
facilities, a need for new or physically altered
government facilities, the construction of which
could cause significant environmental impacts,
in order to maintain acceptable service ratios,
response times, or other performance objectives
for any of the public services:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a) No Impact. There is no physical development proposed as part of this project. The project consists
of policy actions to create a new zone classification, apply the classification to the affected area and
amend existing land use documents for consistency with the provisions of the new zone.
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PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XIV. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities, which might have an
adverse physical effect on the environment?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a, b) No Impact. The Cannon Road Agricultural and Open Space Zone permits a number of
recreational-type uses in the zone, however, none are being proposed at this time. It also requires that any
future development in the zone to provide for interconnecting pedestrian and bicycle trails. There is no
physical development proposed as part of this project. The project consists of policy actions to create a
new zone classification, apply the classification to the affected area and amend existing land use
documents for consistency with the provisions of the new zone.
25 Rev. 03/09/10
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XV. TRANSPORTATION/TRAFFIC - Would the
project:
a) Conflict with an applicable plan, ordinance or
policy establishing measures of effectiveness
for the performance of the circulation system,
taking into account all modes of transportation
including mass transit and non-motorized
travel and relevant components of the
circulation system, including but not limited
to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and
mass transit?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
b) Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and travel
demand measures, or other standards
established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or
a change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
a) No Impact. There is no physical development proposed as part of this project. The project consists
of policy actions to create a new zone classification, apply the classification to the affected area and
amend existing land use documents for consistency with the provisions of the new zone. The Cannon
Road Agricultural and Open Space Zone will be applied to an area for which a previous traffic
capacity (ADT) limitation was established. The Zone requires that any future development proposals
in the zone be assessed for compliance with the traffic limitation. Provisions of the Zone also require
26 Rev. 03/09/10 =73
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
future development in the zone to provide for interconnecting pedestrian and bicycle walkways and
trails which will help reduce vehicular traffic within the zone.
b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency
has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one
highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these
designated roads and highway in Carlsbad is:
LOS
Rancho Santa Fe Road "A-D"
El Camino Real "A-D"
Palomar Airport Road "A-D"
SR 78 "F" ,
The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or
LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990).
Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable
standard LOS.
Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the
adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and
implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-
term and at buildout.
c, d, e, f) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. The area to
which the zone will be applied is not located in any airport or noise impact areas.
27 Rev. 03/09/10
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XVII. UTILITIES AND
Would the project:
SERVICE SYSTEMS
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which would cause significant
environmental effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local statutes
and regulations related to solid waste?
a, b, c, d, e, f, g) No Impact. There is no physical development proposed as part of this project. The
project consists of policy actions to create a new zone classification, apply the classification to the
affected area and amend existing land use documents for consistency with the provisions of the new zone.
28 Rev. 03/09/10
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects?)
c) Does the project have environmental effects,
which will cause the substantial adverse
effects on human beings, either directly or
indirectly?
a, b, c) No Significant Impact. There is no physical development proposed as part of this project that
would directly impact the environment. The project consists of policy actions to create a new zone
classification, apply the classification to the affected area and amend existing land use documents for
consistency with the provisions of the new zone. The actions are being taken to implement Proposition D
which went through previous environmental review before it was approved by the voters. The Cannon
Road Agricultural and Open Space Zone supports the continuation of agriculture in the affected area and
only allows other types of open space use when agriculture is no longer economically viable for the
landowners. The Zone contains guiding principles to ensure that environmental protection is balanced
with social and economic principles in order to create a sustainable area. The Zone also contains
standards to protect existing habitat areas, to require future buildings and structures in the zone to reflect
human scale and the historical and cultural significance of the area and to ensure that traffic impacts
associated with future development in the zone will be adequately addressed and mitigated.
29 Rev. 03/09/10
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XVIII EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on
attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for
review.
b) Impacts adequately addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by mitigatiqn
measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less Than Significant with Mitigation
Incorporated," describe the mitigation measures, which were incorporated or refined from
the earlier document and the extent to which they address site-specific conditions for the
project.
Rev. 03/09/10 97
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D - CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad
Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR
93-01). City of Carlsbad Planning Department. March 1994.
2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994.
3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as
updated.
4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad
Planning Department, final approval dated November 2004.
5. EIA and Negative Declaration for Proposition D, adopted August 8, 2008 pursuant to City
Council Resolution No. 2006-224.
6. Report on the Comprehensive Planning and Community Engagement Process to Implement
Proposition D for the Cannon Road Agricultural and Open Space Lands, City of Carlsbad
Planning Department, dated September 23, 2008.
EXHIBITS
A. Proposed Cannon Road Agricultural and Open Space Zone
B. Proposed Amendments to Existing Land Use Documents
C. Zone Change Map
Rev. 03/09/10
1 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
, x- 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
96 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
1. 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.
13 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
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PC RESO NO. 6735 -2-/CD
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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:
AYES:Vice Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
NOES:
ABSENT:
ABSTAIN: Chairperson Douglas
STEPHEN "HAP" L'HEUREtfX, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO.6735 -3-/Ol
Agua Hedionda
Lagoon
SITE MAP
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 Zone12
SECTION II: That Section 21.05.010 of the Carlsbad Municipal Code is
13
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
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
2g R-P-Residential-Professional Zone
R-T-Residential Tourist Zone
1
2
3
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5
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9
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12
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27
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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.
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;
~~ 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.
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
6 hundred feet of the subject property.
B. The 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.
lo
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.
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
25 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
27 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
' 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 P|an-
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
71 Section 21.06.120 of this chapter.
28 .5. /07
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
ft 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:
1. Special setbacks, yards, active or passive open space, required as part of the
25 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;
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.
12
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.
18 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.
2[ 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;
28 101
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
5 and objectives related to the Cannon Road Open Space, Farming and Public Use Corridor.
6 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
9 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.
13 1. Social principles.
a. Encourage open space uses that have a strong community orientation and that
1 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.
,n 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.
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.
25 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 nn-8- I/O
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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
GUP
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
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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
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i >«!M I,
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2
3
4
5
6
7
8
9
10
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12
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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:
1. 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:
1. Structures containing a cumulative area of more than 1,000 square feet and up to
8 5,000 square feet.
ii. 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.
ii. 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:
13 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.
15 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
16 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.
1' 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(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 made
2U that:
91 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
23 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
25 space elements have been incorporated into the design of the proposed development.
26 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
8 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.
^ 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.
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.
1" 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
21 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
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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 , 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.
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.
23 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
25 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
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14
15
16
17
,8 '"
19 '"
20 '"
21 "'
22 '"
23 "'
24 "'
25 '"
26 "'
27 '"
28 _-is- in
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:
7,,
APPROVED AS TO FORM AND LEGALITY
8
9
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 i
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1 PLANNING COMMISSION RESOLUTION NO. 6736
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM OPEN SPACE (OS)
4 AND COMMERCIAL/VISITOR-SERVING OVERLAY ZONE
TO CANNON ROAD- AGRICULTURAL/OPEN SPACE (CR-A/
OS) ZONE ON APPROXIMATELY 244 ACRES GENERALLY
6 LOCATED NORTH OF PALOMAR AIRPORT ROAD, ALONG
THE NORTH AND SOUTH SIDES OF CANNON ROAD, EAST
7 OF THE 1-5 FREEWAY AND WEST OF FARADAY AVENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 13.
8 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL
9 ANDOPENSPACELANDS
CASE NO: ZC 09-06
10
WHEREAS, the City of Carlsbad has filed a verified application for zoning
11
and related land use document amendments necessary to implement Proposition D for the
13 Cannon Road Agriculture and Open Space Lands; and
14 WHEREAS, said application constitutes a request for a Zone Change as shown
15 on Exhibit "ZC 09-06" dated December 1, 2010, attached hereto and on file in the Planning
16 Department, PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS
17
- ZC 09-06, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
18
WHEREAS, the proposed Zone Change is set forth in the draft City Council
20 Ordinance, EXHIBIT "A" dated December 1, 2010, and attached hereto PROP D - CANNON
21 ROAD AGRICULTURAL AND OPEN SPACE LANDS - ZC 09-06; and
22 WHEREAS, the Planning Commission did on December 1, 2010, hold a duly
23 noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all testimony
25
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26
27 relating to the Zone Change.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
2
B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of PROP D - CANNON ROAD
AGRICULTURAL AND OPEN SPACE LANDS - ZC 09-06, based on the
following findings and subject to the following conditions:
Findings;
6
That the proposed Zone Change from Open Space (OS) and Commercial/Visitor-
7 Serving Overlay Zone to Cannon Road Agricultural/Open Space (CR-A/OS) Zone is
consistent with the goals and policies of the various elements of the General Plan, in that
the zone change implements Policy and Action Plan C.7 of Special Planning
Considerations - Cannon Road Open Space, Farming and Public Use Corridor of
the Land Use Element of the General Plan.
10
2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California state law and the City of Carlsbad General Plan Land Use
Element, in that the zone change is necessary to implement Prop D for the Cannon
Road Agriculture and Open Space Lands.
13
That the Zone Change is consistent with the public convenience, necessity, and general
14 welfare, and is consistent with sound planning principles in that the zone change reflects
the recommendations contained in the Final Report on the Comprehensive Planning
and Community Engagement Process to Implement Proposition D for the Cannon
, r Road Agriculture and Open Space Lands, accepted by the City Council and dated
September 23,2008.
17
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
18
Commission of the City of Carlsbad, held on December 1, 2010, by the following vote, to wit:
2Q AYES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
21 NOES:
22
ABSENT:
23
-r-STAIN: Chairperson Douglas
STEPHEN "HAP" L'HEUREUX, Vice Chairperson
26 CARLSBAD PLANNING COMMISSION
27
28
DON NEU
Planning Director
PC RESO NO. 6736 -2- '• "2-°
Exhibit "A"
December 1, 2010
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 09-06,
4 FROM THE OPEN SPACE ZONE (OS) TO THE CANNON
ROAD-AGRICULTURAL/OPEN SPACE ZONE (CR-A/OS) AND
5 DELETING THE COMMERCIAL/VISITOR-SERVING OVERLAY
ZONE ON APPROXIMATELY 244 ACRES GENERALLY
6 LOCATED NORTH OF PALOMAR AIRPORT ROAD, ALONG
THE NORTH AND SOUTH SIDES OF CANNON ROAD, EAST
7 OF THE I-5 FREEWAY AND WEST OF FARADAY AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 13.
8 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL
AND OPEN SPACE LANDS
9 CASE NO.: ZC 09-06
10 The City Council of the City of Carlsbad, California, does ordain as follows:
11 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
12 zoning map, is amended as shown on the map marked Exhibit "ZC 09-06," dated December 1,
13 2010 attached hereto and made a part thereof.
14 SECTION II: That the findings and conditions of the Planning Commission as set
15 forth in Planning Commission Resolution No. 6736 constitute the findings and conditions of the
16 City Council.
17 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
1 R adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
19 published at least once in a publication of general circulation in the City of Carlsbad within
20 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
21 effective until approved by the California Coastal Commission.)22 ///
23 ///24 ///
25 ///26 ///
27 ///28 ///
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the _ day of _ 201 1 , and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the _ day of _ 201 1 , by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
9
APPROVED AS TO FORM AND LEGALITY
10
RONALD R. BALL, City Attorney
12
13
MATT HALL, Mayor14
15 ATTEST:
16
17 LORRAINE M. WOOD, City Clerk
18 (SEAL)
19
20
21
22
23
24
25
26
27
28 .2-
Exhibit "ZC 09-06'
December 1, 2010
ZC 09-06 Prop D - Cannon Road AG/OS Lands
Commercial Visitor
Serving Overlay Zone
EXISTING
Agua Hedionda* Lagoon
\ ^•"•» S"~
\ <> ^~''\ CR-A/OS
PROPOSED
Related Case File No(s): ZCA 09-02/LCPA 09-05/
SP 207(I)/SP 144(K)
Zoning Designation Changes
Property
A.
B.
C.
D.
E.
211-010-05
211-010-28
211-010-31
211-023-11
211-023-13
From:
OS with CV-S overlay
OS with CV-S overlay
OS with CV-S overlay
OS
OS
To:
CR-A/OS
CR-A/OS
CR-A/OS
CR-A/OS
CR-A/OS
113
1 PLANNING COMMISSION RESOLUTION NO. 6737
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AMENDMENTS TO THE CARLSBAD
4 LOCAL COASTAL PROGRAM (LCP) TO AMEND: 1) THE
LCP ZONE MAP, 2) THE AGUA HEDIONDA SEGMENT LCP
LAND USE PLAN, 3) THE MELLO II SEGMENT LCP LAND
6 USE PLAN, 4) TITLE 21 (ZONING) OF THE CARLSBAD
MUNICIPAL CODE TO ADD AND ENACT CHAPTER 21.209
7 AND TO AMEND SECTION 21.05.010 AND CHAPTER 21.06,
5) THE CITY OF CARLSBAD ZONING MAP, AND 6) THE
8 CARLSBAD RANCH SPECIFIC PLAN SP 207(1) TO
IMPLEMENT PROP D FOR THE CANNON ROAD
AGRICULTURAL AND OPEN SPACE LANDS.
10 CASE NAME: PROP D - CANNON ROAD
AGRICULTURAL AND OPEN SPACE
LANDS
CASE NO: LCPA 09-05
13 WHEREAS, on September 23, 2008, the City Council adopted Resolution of
14 Intention (R.O.I.) No. 2008-269 directing staff to prepare and process the zoning and
related land use document amendments necessary to reflect the recommendations
contained in the Final Report on the Comprehensive Planning and Community
17
Engagement Process to Implement Proposition D for the Cannon Road Agriculture and
18
Open Space Lands; and
2Q WHEREAS, the Planning Director has prepared a Local Coastal Program
21 Amendment in accordance with the R.O.I. that consists of amendments to the Carlsbad
22 Local Coastal Program (LCP) to amend: 1) the LCP Zone Map, 2) the Agua Hedionda
3 Segment LCP Land Use Plan; 3) the Mello II Segment LCP Land Use Plan; 4) Title 21
24
(Zoning) of the Carlsbad Municipal Code to add and enact Chapter 21.209 and to amend
25
Section 21.05.010 and Chapter 21.06; 5) the City of Carlsbad Zoning Map; and 6) the26
27 Carlsbad Ranch Specific Plan SP 207(1).
28
1 WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in
3
conformance; and
4
WHEREAS, the City of Carlsbad has filed a verified application for an
5 amendment to the Local Coastal Programs and zoning designations affecting properties
7 within the boundaries of the City's Coastal Zone; and
° WHEREAS, said verified application constitutes a request for a Local Coastal
9 Program Amendment as shown on Exhibit "LCPA 09-05" (LCP Zone Map Revision), Exhibit
10
"B- Agua Hedionda", and Exhibit "C - Mello II" dated December 1, 2010 and attached
11
hereto, and Exhibits "X- ZCA 09-02" (Zone Code Amendment); Exhibits "A" and "ZC 09-
13 06" (Zone Change), and Exhibit "X-SP 207(1)" attached to Planning Commission
14 Resolutions 6735, 6736, and 6738 respectively, and dated December 1, 2010 as provided in
15 Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
17
WHEREAS, the Planning Commission did on December 1, 2010, hold a duly
18
noticed public hearing as prescribed by law to consider said request; and
20 WHEREAS, at said public hearing, upon hearing and considering all testimony
21 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
22 relating to the Local Coastal Program Amendment; and
23 WHEREAS, State Coastal Guidelines requires a six-week public review period
24
for any amendment to the Local Coastal Program.
25
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
26
~7 Commission of the City of Carlsbad, as follows:
28 A) That the foregoing recitations are true and correct.
PC RESO NO. 6737 -2-
B) At the end of the State-mandated six-week review period, starting on August 6,
2 2010 and ending on September 17, 2010, staff shall present to the City Council a
summary of the comments received.
3
C) That based on the evidence presented at the public hearing, the Commission
4 RECOMMENDS APPROVAL of PROP D - CANNON ROAD
5 AGRICULTURAL AND OPEN SPACE LANDS - LCPA 09-05 based on the
following findings, and subject to the following conditions:
6
Findings;
7
1. That the proposed Local Coastal Program 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 Local Coastal Program, in that the proposed amendments do not
conflict with Local Coastal Program policies; no development or construction is
10 proposed with this amendment; and all future development projects located in the
coastal zone that are processed pursuant to these amended documents would be
11 subject to discretionary review and a Coastal Development Permit to ensure
consistency with Local Coastal Program policies.
2. That the proposed amendment to Carlsbad's Local Coastal Program is required to
maintain consistency between the City's Zoning Ordinance and its Local Coastal
14 Programs.
15 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on December 1,2010, by the following vote, to wit:
AYES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
19 NOES:
20 ABSENT:
21 ABSTAIN: Chairperson Douglas
22"
23
24 STEPHEN "HAP" L^FIEUREUX, Vice Chairperson
25 CARLSBAD PLANNING COMMISSION
26
27
28 DON NEU
Planning Director
PC RESONO. 6737 -3-
Exhibit "LCPA 09-05'
December 1, 2010
LCPA 09-05 (Zoning) Prop D - Cannon Road AG/OS Lands
EXISTING
PROPOSED
Related Case File No(s): ZCA 09-02/ZC 09-06/
SP 207(I)/SP 144(K)
LCPA Zoning Designation Changes
Property
A.
B.
C.
D.
E.
211-010-05
211-010-28
211-010-31
211-023-11
211-023-13
From:
OS
OS
OS
OS
OS
To:
CR-A/OS
CR-A/OS
CR-A/OS
CR-A/OS
CR-A/OS
ATTACHMENT A
"Revised Exhibit B - Agua Hedionda"
JL D/A
ADOPTED MAY, 1982
Kelly Ranch LCP Amendment
July 11, 2000
Habitat Management Plan LCP Amendment
August 8, 2003
NPDES Update
August 14, 2006
Cannon Road Agricultural/Open Space Zone Amendment
XXXXXX
Itl
uncontrolled access into the buffer area. Private recreation and landscape
improvements in the buffer area shall be made in consultation with the State
Department of Fish and Game. Maintenance of the buffer area shall be the
responsibility of the homeowners association.
c) The area beyond the developable portion of the property and the buffer area shall
be dedicated in fee or easement to an appropriate public agency. Access to this
area shall be restricted to scientific, educational or other uses consistent with
resource management in a manner acceptable to the State Department of Fish and
Game.
1.5 The Hedionda Point area between the Hoover Street extension and Whitey's Landing
shall be designated RLM (0-4 units per acre).
1.6 To enhance public recreation activities, the area between Snug Harbor and Hoover
Street shall be designated RC, for recreational commercial use.
1.7 The area designated "Community Park" shall be zoned open- space (OS)? Cannon
Road Agricultural/Open Space (CR-A/OS) and Uuses in this area shall be
regulated by the open space that zone, aid All uses shall be sited so that there are no
significant adverse impacts on remaining agricultural lands, wildlife habitats and
environmentally sensitive areas.
1.8 The "Ecke" property shall be regulated as follows:
a) The primary use of the site shall be aquaculture. Other coastal dependant and
visitor-serving commercial uses shall be allowed, provided they occupy no more
than 50% of the site.
b) As secondary uses, in the interim period while aquaculture alternatives are being
studied, other uses may be permitted which would necessitate minimal site
disturbance or capital investment, including active recreation (fishing, tent
camping, etc.), beach access parking, short-term recreational vehicle parking, and
temporary accessory commercial facilities (bait-and-tackle shop, food concession,
etc.);
c) All uses shall be regulated by conditional use permit. All proposed uses shall be
conditioned to provide all access improvements required by this plan, and shall
provide peripheral landscaping which at maturity will screen all objectionable
improvements (i.e., aquaculture facility, outside storage, parking areas, etc.) as
viewed from Carlsbad Boulevard,
1.9 Building height shall be limited to a maximum of 35 feet. Building setbacks and lot
coverage shall be regulated by the applicable zoning designation, except as
specifically modified in this plan.
1.10 The 45 acre parcel owned by SDG&E located on the south shore immediately east of
the freeway shall be designated TS, Travel Services. Conversion of the property to
commercial development shall be subject to a future specific plan and the applicable
policies relating to agricultural conversion. A future specific plan will be required by
the City for development of the property.
16
129
Agricultural activities in the plan area are limited to south shore properties. This area is
contiguous with other large agricultural lands to the south and east.
Policies
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.
2.2 The south shore agricultural lands identified as OS on Exhibit "C" to this plan shall
be designated "Open Space". This area shall be zoned "Exclusive Agriculture" in the
implementation phase of the plan, and zoned "Cannon Road Agricultural/Open
Space (CR-A/OS)". The continuation of agricultural use of these lands shall be
supported for as long as it remains economically viable for the landowner. When
the landowners determine that agriculture is no longer economically viable, other
open space uses shall be permitted consistent with and subject to the provisions
of Carlsbad Municipal Code Chapter 21.209 - Cannon Road Agricultural/Open
Space Zone, which is incorporated herein by reference. Nothing in this plan
prohibits or limits the continuation of the following utility uses which are also
permitted as a matter of right in the Cannon Road Agricultural/Open Space
Zone: Energy transmission and distribution facilities, including but not limited
to rights-of-wav 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, together with utility buildings/facilities
that are built, operated or maintained by a public utility to the extent they arc
regulated by the California Public Utilities Commission.
2.3 Conversion of the 45-acre SDG&E south shore property identified as TS on Exhibit
"C" to this plan shall be subject to the following conditions:
a) Prior to development SDG&E shall record a permanent open space easement over
the remaining agriculturalOS lands on said Exhibit "C"_in favor of the City of
Carlsbad. Said easement shall not prohibit or limit the following utility uses
which are also permitted as a matter of right in limit uses to those allowed by
agriculture,- utility right of way and maintenance, roadways, and recreation trails
that do not intcrforo with agricultural oporationsnnd other- open space uses
subject to the provisions of the Cannon Road Agricultural/Open Space Zone:
Energy transmission and distribution facilities, including but not limited to
rights-of-wav 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, together with utility
buildings/facilities that are built, operated or maintained bv a public utility to
the extent they arc regulated bv the California Public Utilities Commission.
Conversion of these remaining lands to non-agricultural uses shall be subject
to the City's Agricultural Conversion Mitigation Fee Program.
18
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.
19
131
7. SHORELINE ACCESS
• Coastal Act Policies
30210. In carrying out the requirement of Section 2 of Article XV of the California
Constitution, maximum access, which shall be conspicuously posted, and recreational
opportunities shall be provided for all the people consistent with public safety needs and the
need to protect public rights, rights of private property owners, and natural resource areas
from overuse.
30211. Development shall not interfere with the public's right of access to the sea where
acquired through use, or legislative authorization, including, but not limited to, the use of dry
sand and rock coastal beaches to the first line of terrestrial vegetation.
30212. Public access from the nearest public roadway to the shoreline and along the coast
shall be provided in new development projects except where (1) it is inconsistent with public
safety, military security needs, or the protection of fragile coastal resources, (2) adequate
access exists nearby, or (3) agriculture would be adversely affected. Dedicated access ways
shall not be required to be opened to public use until a public agency or private association
agrees to accept responsibility for maintenance and liability of the access way. Nothing in
this division shall restrict public access nor shall it excuse the performance of duties and
responsibilities of public agencies which are required by Section 66478.1 to 66478.14,
inclusive, of the Government Code and by Section 2 of Article XV of the California
Constitution.
30212.5 Wherever appropriate and feasible, public facilities including parking areas or
facilities shall be distributed throughout an area so as to mitigate against the impacts, social
and otherwise, of overcrowding or overuse by the public of any single area.
• Discussion
Public access to, and along the coast, is a basic requirement of the Coastal Act. Access is
generally referred to as lateral (along the shoreline or blufftops) and vertical (access from a
public road or easement to the shoreline). Access ways may consist of bike trails, hiking
trails, viewpoints, stairs, parking areas, public transit and relevant support facilities.
The public's rights of access to the water areas can partially be provided for by existing utility
easements and leasehold interests (i.e., sewer, water) held by the City. The Land Use Plan
calls for additional vertical and lateral access ways to be acquired either through agreements
with the property owners or as conditions of approval for development.
There are factors which limit the desirability of unrestricted access to the lagoon. Along the
south shore, the slope conditions are such that attempts and the location of natural habitat
areas severely limit the feasibility ofte providing® usable access to the water's edge, could
only be accomplished through extensive grading -with its potentially detrimental impacts, and
would also be disruptive to the agricultural activities along this bluff. It is therefore proposed
that public access to the south shore will bo limited-to'Viewing areas and pocket beaches that
do not interfere with agricultural production or impact environmentally sensitive areas shall
51
32..
only be considered at locations that minimize grading and avoid and/or minimize
impacts to environmentally sensitive habitat areas. The wildlife preserve proposed for the
easterly portion of the lagoon and the adjacent mudflats should also be protected from
uncontrolled access, except as needed for management/maintenance activities.
The public beach area at the mouth of the lagoon currently provides parking and limited
support facilities, Informal pedestrian access is provided at the south end of the beach area,
through SDG&E property. Dirt walking trails exist along much of the north shore area. The
most heavily used appears to be the shoreline area between the YMCA on the middle lagoon,
and the beach/fishing areas on the outer lagoon.
Primary bicycle routes currently developed include designated routes along El Camino Real
and Carlsbad Boulevard. The coastal route along Carlsbad Boulevard is part of a regional
bikeway providing continuous bicycle access from Oceanside, south to Del Mar.
Policies
7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers
and drinking fountains shall be installed at the locations indicated on Exhibit I.
7.2 Pedestrian access ways shall be located as shown on Exhibit J.
7.3 All pedestrian trails shall be constructed to a minimum width of 5 feet. Combination
bicycle/pedestrian trail shall be a minimum 10 feet wide.
7.4 Vertical pedestrian access easements shall be a minimum 10 feet in width. Combina-
tion bicycle/pedestrian easements and lateral easements shall be a minimum 25 feet in
width.
7.5 Bike route and pedestrian improvements shall be financed according to the following
criteria:
(1) Routes through established neighborhoods such as Carlsbad Boulevard and Tamarack
Avenue shall be financed with City, State or Federal funds.
52
Exhibit "C-Mello II"
December 1, 2010
CITY OF CARLSBAD
LOCAL COASTAL
PROGRAM
1996
Amended 2000,2002,20033 aftd-2006, and 2009
CITY OF CARLSBAD
LOCAL COASTAL
PROGRAM
Recommended for Approval by Planning Commission, June 5, 1996
Resolutions No. 3922 and 3924
Approved by City Council, July 16,1996
Ordinances No. NS 364 and NS 365
Effective Certification by Coastal Commission, October 9, 1996
***Kelly Ranch LCP Amendment (Mello II)
Recommended for Approval by Planning Commission, April 7, 1999
Resolution No. 4494
Approved by City Council, May 18, 1999
Ordinance No. NS-483
Approved by Coastal Commission, July 11,2000
***Smith Walsh LCP Amendment (Mello 1)
Recommended for Approval by Planning Commission, September 18, 2002
Resolution No. 5274
Approved by City Council, January 14, 2003
Ordinance No, NS-654
Approved by Coastal Commission, June 11,2003
***Habitat Management Plan (Mello I, Mello II, Agua Hedionda)
Recommended for Approval by Planning Commission, January 22,2003
Resolution No. 5361
Approved by City Council, June 17,2003
Resolution No. 2003-154
Approved by Coastal Commission, August, 8, 2003
***Agriculture Mitigation Fee Program
Recommended for Approval by Planning Commission, March, 17,004
Resolution No, 5585
Approved by City Council, July 13,2004
Resolution No. 2004-227
Approved by Coastal Commission, January 13,2005
***NPDES Stormwater Update
Approved by City Council, May 16,2006
Resolution No. 2006-130
Approved by Coastal Commission, August 14,2006
135
Cannon Road Agricultural/Open Space Zone Amendment (IMcllo II)
Recommended for Approval by Planning Commission. Resolution No.
Approved by City Council.
Resolution No.
Approved by Coastal Commbsion
Land Use-MelloII • • • .-•.. Chapter f 1-2
land that Carltas or its successor in interest chooses not to farm on a yearly basis, a
reasonable effort shall be made to offer the agricultural land for lease or rent at a value
equal to or less than the average prevailing market rents for similarly situated coastal
agricultural land found within a 30 mile radius of the Carltas property.
(26) As part of a farm operator's lease, there shall be a requirement to keep dirt roads
watered regularly to minimize dust impacts on crops as well as on adjacent non-
agricultural uses.
(27) The approximately 72.07 acres contained in areas 3 and 5 as shown on Exhibit 4.3
shall be used for agriculture or open space subject to the provisions of the Cannon
Road Agricultural/Open Space fCR-A/OS) Zone.
POLICY 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT DESIGNATED
COASTAL AGRICULTURE »
The following properties which have been in agricultural production in the past shall be permitted to
convert to urban uses. Because of unique circumstances associated with these parcels, conversion to
urban uses would not create any significant adverse impact on the area's agricultural economy, directly
or indirectly, and such conversion would therefore not require the mitigation.
(a) State owned parcel northerly of the intersection of Palomar Airport Road and Carlsbad
Boulevard
The 20-acre parcel owned by the State of California, APN 210-09-7, located west of the AT&SF
Railroad tracks at the Palomar Airport Road/Carlsbad Boulevard interchange, may be converted to
Public Recreation use. This property is surrounded by major streets and the railroad, with residential
development conflicts arising on the northern and western boundaries, The site will be needed for
beach parking facilities as the demand for beach access increases in the future. The property should
remain in agricultural production until such time as parking facilities can be constructed by the State of
California. Approximately 1,500 parking spaces could be provided on the site, giving excellent public
access to the entire stretch of underdeveloped South Carlsbad State Beach, (See also Policy 7-9 on
Page 69.)
(b) Burroughs and Ecke Parcels.
The 50-acre parcel owned (APN 210-09-0) by Burroughs Corporation and the 6-acre parcel (APN
210-09-0) owned by Ecke located south of Cannon Road between 1-5 and the AT&SF Railroad tracks
may be converted to commercial uses. These properties are in effect isolated vacant properties within
a developed commercial area. The San Diego Gas and Electric Co. power plant is located to the north,
a major retail commercial development ("Car Country") is immediately across the freeway to the east,
industrial development is on the southern boundary, and residential development is to the west
separated by the AT&SF Railroad tracks and the State-owned property described in Policy 2-3 a.
above.
(c) Ukegawa Parcel.
The 13.89 acre parcel (APN 212-040-25) owned by Ukegawa, located on the south side of Palomar
City of Carlsbad 49 Local Coastal Program
Land Use - Mello II Chapter 11-2
Exhibit 4.3 Agricultural Lands
name
DEVELOPMENT SUMMARY ssl ru—,
DEVELOPMENT AREAS L-.-Jj AGRICULTURAL 80U COURSE
AGRICULTURE AND OPEN SPACE
NUMBS?LAND USE ACRES <NET)DEVELOPMENT PROGRAM
1 AGRICULTURE 52.42
2a,b SPECIALTY RETAIL 26.65
3 -COtf AGRICULTURE AND OPEN SPACE 45.61
4a,b,c G.I.A. VOCATIONAL SCHOOL 28.335 -COtf AGRICULTURE AND OPEN SPACE 26.46
6-12,14-15 RESEARCH & DCVT 40.01
13 STREET "D" (PRIVATE) 1.97
16 OPEN SPACE 10.00
17 RESORT 52.80
IB LEGO FAMILY PARK 128.32
'9 LECO DRIVE (PRIVATE) 0.94
20 COMMUNITY HOTEL * RETAIL 10.48
PUBLIC ROAOS 21.81
EXISTING FLOWER FIELDS
300,000 SF
4 HOLTS Of GOLF AGRICULTURE AND OPEN SPACE
550,000 SFs Hnir*i r>r pmr AGRICULTURE AND OPEN SPACE
800,000 SF
PRESERVE IN NATURAL STATE
700 SUITES; 647,000 SF
425,750 S.F.
212.080 SF; 280 ROOMS
City of Carlsbad 98 Local Coastal Program
Land Use - Metlo II Chapter 11-2
Exhibit 4.3 Agricultural Lands
mam occur
"\\ VY O ' *' "0 MUWMlT
^* \ \ ft *
DEVELOPMENT SUMMARY
DEVELOPMENT AREAS ------ AGRICULTURAL AGRICULTURE AND OPEN
SPACE
NUMBER LAND USE ACRES 1NET1 DEVELOPMENT PTOOHAM
1 AGRICULTURE 53.42
2a.b SPECIALTY RETAIL 25.65
2 AGRICULTURE AND OPEN SPACE 43.61
4Q,b,c G.1,A. VOCATIONAL SCHOOL 28.93
5 AGRICULTURE AND OPEN SPACE 26.46
6-12,14-15 RESEARCH & DEVT 40.01
13 STREET "D" (PRIVATE) 1.97
16 OPEN SPACE 10.00
17 RESORT 52.80
18 LECO FAMILY PARK 128.32
19 LECO DRIVE (PRIVATE) 0.94
20 COMMUNITY HOTEL A RETAIL 10.48
PUBLIC ROADS 21-31
EXISTING FLOWER FIELDS
300.000 SF
AGRICULTURE AND OPEN SPACE
550.000 SFAGRICULTURE AND OPEN SPACE
800.000 SF
PRESERVE IN NATURAL STATE
700 SUITES: 647.000 SF
425,750 S.F.
212,080 SF; 280 ROOMS
City of Carlsbad 98 Local Coastal Program
EXHIBIT A
Agua Hedionda
Lagoon
NOT TO SCALE
SITE MAP
Properties affected by the implementation of Proposition D
for the Cannon Road Agriculture and Open Space Lands:
Encina Specific Plan SP144
Carlsbad Ranch Specific Plan SP207
Exhibit "X-SP 207(1)"
December 1, 2010
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN
3 AMENDMENT 207(1) TO IMPLEMENT PROPOSITION D FOR
THE CANNON ROAD AGRICULTURAL AND OPEN SPACE
4 LANDS ON PROPERTY GENERALLY LOCATED NORTH OF
PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST
5 OF PASEO DEL NORTE AND WEST OF FARADAY AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 13.
6 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND
OPEN SPACE LANDS
7 CASE NO.: SP 207(0
8 The City Council of the City of Carlsbad, California, does ordain as follows:
9 WHEREAS, the Carlsbad Ranch Specific Plan (SP 207) was originally adopted
10 by City Council Ordinance No. NS-227 on March 16, 1993 and has been amended several
11 times and contains the uses, development standards and design for the development of the
12 subject property; and
WHEREAS, the amendment is necessary to fully implement Proposition D for the
14 Cannon Road Agricultural and Open Space Lands which affects properties within SP 207; and
15 WHEREAS, the City Council of the City of Carlsbad has reviewed and
16 considered Specific Plan Amendment SP 207(1) for the Carlsbad Ranch Specific Plan; and
17 WHEREAS, after procedures in accordance with requirements of law, the City
1 8 Council has determined that the public interest indicates that said Specific Plan Amendment
19 (SP 207(1)) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
21 follows:
SECTION I: That SP 207(1), on file in the Planning Department, and incorporated
herein by reference, is adopted. The Carlsbad Ranch Specific Plan shall constitute the
24 development plan for the property and all development within the plan area shall conform to the
25 plan.
26 SECTION II: That the Carlsbad Ranch Specific Plan (SP 207), as amended to
27 date, and further amended by Specific Plan Amendment 207(1), dated December 1, 2010, is
approved.
1 SECTION III: That Specific Plan Amendment 207(1) replaces text and revises
2 graphics in the Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(1).
3 SECTION IV: That the findings and conditions of the Planning Commission in
4 Planning Commission Resolution No. 6738 shall constitute the findings and conditions of the
5 City Council.
6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
7 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
8 published at least once in a publication of general circulation in the City of Carlsbad within
9 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
10 effective until approved by the California Coastal Commission.)
11 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
12 Council on the day of 2011, and thereafter.
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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
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10 RONALD R. BALL, City Attorney
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12
MATT HALL, Mayor
14 ATTEST:
15
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LORRAINE M. WOOD, City Clerk
18 (SEAL)
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1 PLANNING COMMISSION RESOLUTION NO. 6738
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP
4 207(1) ON PROPERTY GENERALLY LOCATED NORTH OF
PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD,
EAST OF PASEO DEL NORTE, AND WEST OF FARADAY
6 AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND
7 OPEN SPACE LANDS
CASE NO.: SP 207(1)8
n WHEREAS, the City of Carlsbad has filed a verified application for zoning
10 and related land use document amendments necessary to implement Proposition D for the
11 Cannon Road Agriculture and Open Space Lands which affects properties within SP 207
12 as shown on Exhibit A; and
13 WHEREAS, said verified application constitutes a request for a Specific Plan
14
amendment, on file in the Carlsbad Planning Department, PROP D - CANNON ROAD
16 AGRICULTURAL AND OPEN SPACE LANDS as provided by SP 207(1) and Government
17 Code Section 65453; and
18 WHEREAS, the City Council adopted the Carlsbad Ranch Specific Plan 207
in 1993 by Ordinance NS-227 to provide rules and regulations for the orderly development
20 of 423.5 acres of land located generally north of Palomar Airport Road, south of Cannon
21
Road, east of Paeso del Norte and west of Faraday Avenue; and
22
. WHEREAS, SP 207(1) makes only minor text and graphic changes to the
24 Carlsbad Ranch Specific Plan document, which are shown on the affected pages in
25 strikcthrough to indicate words to be deleted and in underline to indicate words to be
96 added, in order to fully implement Proposition D and provide internal consistency between
27 the various zoning and related land use document amendments affected by the
28
implementation of the Cannon Road Agricultural and Open Space (CR-A/OS) Zone; and
1 WHEREAS, SP 207(1) does not change any General Plan Land Use
2 designations within the boundaries of the Specific Plan, any condition set forth by a
3
previously approved Specific Plan amendment, nor does it propose any development; and
4
WHEREAS, SP 207(1) is an action that is necessary to comply with City
5 Council Resolution of Intention No 2008-269 to complete the process and achieve full
7 implementation of Proposition D on the Cannon Road Agriculture and Open Space Lands;
8 and
9 WHEREAS, the proposed PROP D - CANNON ROAD AGRICULTURAL
10
AND OPEN SPACE LANDS - SP 207(1) is set forth and attached in the draft City Council
11
Ordinance, Exhibit "X - SP 207(1)" dated, December 1,2010, and attached hereto as PROP D -
! 3 CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - SP 207(1); and
14 WHEREAS, the Planning Commission did, on December 1, 2010, hold a duly
1 5 noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
17
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
18
relating to the Specific Plan amendment.
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
21 Commission of the City of Carlsbad as follows:
22 A) That the foregoing recitations are true and correct.
23 B) That based on the evidence presented at the public hearing, the Commission
24 RECOMMENDS APPROVAL of PROP D - CANNON ROAD
AGRICULTURAL AND OPEN SPACE LANDS - SP 207(1) based on the
25 following findings:
26 Findings:
27 1. The proposed development as described by the Specific Plan (SP 207(1)) is consistent
28 with the provisions of the General Plan and implements Policy and Action Plan C.7 of
Special Planning Considerations - Cannon Road Open Space, Farming and Public
Use Corridor of the Land Use Element of the General Plan.
PC RESO NO. 6738 -2-
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2. The proposed plan would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the Specific Plan amendment reflects the
recommendations contained in the Final Report on Comprehensive Planning and
Community Engagement Process to Implement Proposition D for the Cannon Road
Agriculture and Open Space Lands, accepted by the City Council and dated
September 23,2008.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on December 1, 2010, by the following
vote, to wit:
AYES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
NOES:
ABSENT:
ABSTAIN: Chairperson Douglas
STEPHEN "HAP" L'HEtfREUX, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6738 -3-
Exhibit "X-SP 207(1)"
December 1, 2010
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN
3 AMENDMENT 207(1) TO IMPLEMENT PROPOSITION D FOR
THE CANNON ROAD AGRICULTURAL AND OPEN SPACE
4 LANDS ON PROPERTY GENERALLY LOCATED NORTH OF
PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST
5 OF PASEO DEL NORTE AND WEST OF FARADAY AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 13.
6 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND
OPEN SPACE LANDS
7 CASE NO.: SP 207(1)
8 The City Council of the City of Carlsbad, California, does ordain as follows:
9 WHEREAS, the Carlsbad Ranch Specific Plan (SP 207) was originally adopted
1° by City Council Ordinance No. NS-227 on March 16, 1993 and has been amended several
11 times and contains the uses, development standards and design for the development of the
12 subject property; and
WHEREAS, the amendment is necessary to fully implement Proposition D for the
Cannon Road Agricultural and Open Space Lands which affects properties within SP 207; and
15 WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered Specific Plan Amendment SP 207(1) for the Carlsbad Ranch Specific Plan; and
1' WHEREAS, after procedures in accordance with requirements of law, the City
1 810 Council has determined that the public interest indicates that said Specific Plan Amendment
19 (SP 207(1)) be approved.
90zu NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
21 follows:
SECTION I: That SP 207(1), on file in the Planning Department, and incorporated
herein by reference, is adopted. The Carlsbad Ranch Specific Plan shall constitute the
24 development plan for the property and all development within the plan area shall conform to the
plan.
26 SECTION II: That the Carlsbad Ranch Specific Plan (SP 207), as amended to
27 date, and further amended by Specific Plan Amendment 207(1), dated December 1, 2010, is
90 approved.28
1 SECTION III: That Specific Plan Amendment 207(1) replaces text and revises
2 graphics in the Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(1).
3 SECTION IV: That the findings and conditions of the Planning Commission in
4 Planning Commission Resolution No. 6738 shall constitute the findings and conditions of the
5 City Council.
6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
7 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
8 published at least once in a publication of general circulation in the City of Carlsbad within
9 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
10 effective within the City's Coastal Zone until approved by the California Coastal Commission.)
11 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
12 Council on the day of 2011, and thereafter.
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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
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25
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10 RONALD R. BALL, City Attorney
11
12
MATT HALL, Mayor
13
14 ATTEST:
15
16
LORRAINE M. WOOD, City Clerk
(SEAL)
-3-