Loading...
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 -2- 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 -3- 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 -5- 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; 28 -6- 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; 28 -7- 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. 27 28 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 1 2 1 -9- EXHIBIT 2 1 2! 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 1 1 1 2 1 1 1 1 1 1 2 1 EXHIBIT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 28 -12- 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 28 -13- 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. 28 -14- 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 18 19 20 21 22 "' 23 '" 24 '" 25 "' 26 "' 27 '" 28 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 25 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 31 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 /// 23 /// 24 /// 25 ,„ 26 //, 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.) 11 12 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 ,„ 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). 27 28 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. 8 9 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 24 /// 25 /// 26 /// 27 /// 28 /// 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: 3 AYES: Council Members Hall, Kulchin, Blackburn, Packard. 4 5 | NOES: None. 6 ABSENT: Council Member Douglas. 8 9 10 11 MATT HALL, Mayor 12 ATTEST: 13 14 15 UNE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 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. 7 /// 8 /// 9 10 ///11 ///12 ///13 ///14 /// 15 ///16 /,/ 17 18 19 20 21 22 23 24 25 26 27 28 .2- 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad 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 55 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. 3 4 5 6 7 8 9 10 11 12 13 14 15 '" ,6 "' 17 "' 18 "' 19 20 "' 21 '» 22 23 I" 24 25 26 27 28 -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. 8" 9 10 11 12 13 14 15 (tj3RRAlNE M. WOOD, City Clerk 16 (SEAL) 17 19 20 21 22 23 24 25 26 27 28 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6734 -2- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, 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 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 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. 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 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. 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 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 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 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. 10 Rev. 03/09/10 "77 ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) 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 11 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 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 12 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 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. 13 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 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. 14 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 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. 15 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 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. 16 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 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 17 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 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. Rev. 03/09/10 f>£ ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) 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? 19 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 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. 20 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 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. 21 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 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, 22 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 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. 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 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. 24 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 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 20 21 22 23 24 25 26 27 28 PC RESO NO. 6735 -2-/CD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R-W-Residential Waterway Zone RD-M-Residential Density-Multiple Zone RMHP-Residential Mobile Home Park T-C-Transportation Corridor Zone V-R-Village Review Zone BAO-Beach Area Overlay Zone Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment C/V-SO--Commercial/Visitor-Serving Overlay Zone F-P-Floodplain Overlay Zone H-O-Hospital Overlay Zone Q-Qualified Development Overlay Zone S-P-Scenic Preservation Overlay Zone. SECTION III: That Chapter 21.06 of the Carlsbad Municipal Code is amended to read as follows: Sections: 21.06.010 21.06.015 21.06.020 21.06.030 21.06.040 21.06.050 21.06.060 21.06.070 21.06.080 21.06.090 21.06.100 21.06.110 21.06.120 21.06.130 21.06.140 21.06.150 21.06.160 Chapter 21.06 Q QUALIFIED DEVELOPMENT OVERLAY ZONE Intent and purpose. Application of Q zone. Permitted uses and findings of fact. Site development plan requirement. Exceptions. Application and fees. Notices and hearings. Decision-making process. Announcement of decision and findings of fact. Mailing of notice of decision. Appeals. Expiration. Extensions. Amendments. Development standards. Lot requirements. Final site development plan. 21.06.010 Intent and purpose. A. The intent and purpose of the Q qualified development overlay zone is to supplement the underlying zoning by providing additional regulations for development within designated areas to: 1. Require that property development criteria are used to insure compliance with the general plan and any applicable master plan or specific plan; 2. Provide that development will be compatible with surrounding developments, both existing and proposed; 3. Insure that development occurs with due regard for environmental factors; -2- 1 4. Allow a property to be granted a particular zone where some or all of the permitted uses would be appropriate to the area only in certain cases with the addition of 2 specific conditions; 5. Provide for public improvements necessitated by the development; 3 6. Promote orderly, attractive and harmonious development, and promote the general welfare by preventing the establishment of uses or erection of structures which are not 4 properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting; 5 7. Provide a process for the review and approval of site development plans as called for by this chapter or other provisions of this title. 6 21.06.015 Application of Q zone. 7 A. It is intended that the Q zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following: 8 1. Special treatment areas as indicated in the general plan; 2. Commercial zones that are in close proximity and relationship with residentially 9 zoned properties; 3. Property proposed to be developed within a floodplain; 10 4. Property proposed to be developed as hillside development or other physically sensitive areas; 11 5. Property where development could be detrimental to the environment, or the health, safety and general welfare of the public. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agriculture is no longer economically viable for the landowners, only the other open space uses listed in Table A shall be permitted. Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission Vineyards and wineries P X X X X X X X X 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 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Secondary Agricultural Uses, Continued Retail sales of agricultural crops and related products limited to a cumulative area of 1,000 square feet or less (examples: on- premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) Retail sales of agricultural crops and related products with a cumulative area of more than 1,000 square feet (examples: on-premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) P X CUP 1 Open Space Uses Primary Open Space Uses Amphitheater Aquarium Art gallery Civic and public gathering spaces (examples: art display, gazebos, public plazas, sitting areas, water features, wedding areas) Community learning center (excluding "educational institution or school" as defined in Section 21.04.140) Community meeting center (excluding a city hall or civic center) Cultural center Dog park Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto Gardens (public or private) (examples: botanical, rose, tea, and meditation gardens) Habitat preserves and natural areas Historic center Museum Parks (public or private) Performing arts center Picnic areas Sports or recreation center (public or private) (indoor or outdoor) (examples: athletic courts and fields, boys and girls club, lawn bowling, swimming pools, tennis courts ) Trails (examples: bicycle, exercise, equestrian, nature, pedestrian) Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission Secondary Open Space Uses Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less P X X X X X P X CUP 2 1 1 1 1 1 1 1 1 1 1 2 1 2 CUP -10- i >«!M I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Secondary Open Space Uses, Continued Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet P X X CUP 1 1 1 Notes: 1. Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. 2. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales Location permits as appropriate. 21.209.050 Conditional use permit requirement. A. Decision-making process. The conditionally permitted primary and secondary uses, as indicated in Table A, shall be processed in accordance with the applicable provisions of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) of this title and the requisite findings therein. B. Finding of fact. In addition to the findings for approving a minor conditional use permit or a conditional use permit as set out in Chapter 21.42, a finding shall be made that: 1. The proposed use or grouping of uses implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.010 of this chapter. 2. The proposed use or grouping of uses conforms to the applicable guiding principles contained in Section 21.209.030 of this chapter. 3. The proposed development complies with the applicable development and design standards contained in Section 21.209.080 of this chapter. 4. Feasible and appropriate public art, public access, and civic and public gathering space elements have been incorporated into the design of the proposed development. Site development plan requirement. A site development plan shall be required for development in the zone as noted 21.209.060 A. below. 1. Exemptions. The following types of development are exempt from the requirement for a minor site development plan or site development plan: a. Structures associated with primary or secondary agricultural uses which include: i. Structures containing a cumulative area of 2,000 square feet or less. ii. Greenhouses or plant protection (shade, wind, etc.) structures containing a cumulative area of 10,000 square feet or less. iii. Temporary or seasonal plant protection (shade, wind, etc.) structures. Temporary or seasonal as used herein shall mean a structure that is in place for no more than 180 days in any 12 month period. -11- 1 iv. Open shade structures (gazebo, trellis, patio cover, etc.) containing a cumulative area of 1,000 square feet or less. 2 b. Structures associated with primary or secondary open space uses which include: 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 -13- S 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 13 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 -16- 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. 13 /// 14 /// 15 /// 16 /// I? /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 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 10 RONALD R. BALL, City Attorney 11 12 MATT HALL, Mayor 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk 18 (SEAL) 19 20 21 22 23 24 25 26 27 28 -3- 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 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. 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 ///. 24 /// 25 /// 26 /// 27 /// m 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 19 20 21 22 23 24 25 26 27 28 10 RONALD R. BALL, City Attorney 11 12 MATT HALL, Mayor 13 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk (SEAL) -3-