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HomeMy WebLinkAbout2011-05-24; City Council; 20562 PART 2; PROP DSpecific Plan Amendment SP 207(1) December 1, 2010 CARLSBAD RANCH SPECIFIC PLAN AMENDMENT SPECIFIC PLAN 207(HI) Prepared for: Carlsbad Ranch Company Prepared by: Hofman Planning Associates February 27, 1995 Revised April 1995 Revised October 1995 Revised January 1996 Revised May 1996 June 1999 SP207 Specific Plan on approximately 423.5 acres of land located north of Palomar Airport Rd, south of future Cannon Rd, east of Paseo Del Norte and west of Local Facilities Management Zones 5 and 8 Approved by Planning Commission Resolution No. 3480, January 6, 1993 City Council Ordinance No. NS-227 California Coastal Commission, June 10, 1993 SP 207(A) Increase the land area of the original specific plan by 23.89 acres; including the transfer of 20.56 acres from Zone 5 to Zone 13, which is located along the southeast boundary of the project and the inclusion of 3.33 acres south of Cannon Road. Proposed land uses were changed to reduce office/research and development and focus on recreational, retail, and visitor serving land uses - (LEGOLAND) Replaced SP 207, in its entirety Approved by: Planning Commission Resolution No. 3848, Decembers, 1995 City Council Ordinance No. NS-344, January 9, 1996 California Coastal Commission Application No. 6-96-9, April 11, 1996 SP 207(B) Minor amendment to permit the realignment of the flower field trail, modifying the alignment and width of the trail to more closely approximate the existing agricultural road, eliminating proposed non-agricultural landscaping, reducing the viewpoint at what was previously the eastern terminus of the trail, and adding an alternative access point north of the new alignment. Approved by Planning Director, August 25, 1995 California Coastal Commission Application No. 6-93-34-A4, December 5, 1995 SP 207(C) Hotel/Time Share Amendment WITHDRAWN June 3, 1996 SP 207(D) To allow a museum open to the public, with incidental retail sales related to the museum (Museum of Music Making, located in the National Association of Music Merchants (NAMM) building) Approved by Planning Commission Resolution No. 4538, April 21, 1999 City Council Ordinance No. NS-488, June 8, 1999 California Coastal Commission Application No. 3-99A, December 8, 1999 SP 207 (E) To allow the development of Planning Area 5 with a hotel/time-share resort Independent of development of Planning Area 8 Approved by Planning Commission Resolution No. 5693, September 1, 2004 City Council Ordinance No. NS-727, October 19, 2004 California Coastal Commission Application No. 3-04A, March 17, 2005 SP 207 (F) To allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses, and to define Minor and Major Specific Plan Amendments Approved by Planning Commission Resolution No. 6356, December 5, 2007 City Council Ordinance No. NS-875, February 8, 2008 Coastal Commission Application No. 1-08B, August 14, 2009 SP 207 (G) To allow for a second driveway access for ingress only into the Armstrong Garden Center/Flower Fields®. Approved by Planning Commission Resolution No. 6414, April 5, 2008 City Council Ordinance No. NS-893, June 24, 2008 Coastal Commission Application No. 1-08A, August 14, 2009 I5Z SP 207 (H) To add hotel and accessory hotel uses to Planning Area 4, modify the parking rates for LEGOLAND and gyms within the Carlsbad Ranch Specific Plan and reflect the previous street name change of Hidden Valley Road to The Crossings Drive Approved by Planning Commission Resolution No. 6524, January 21, 2009 City Council Ordinance No. CS-025, March 10, 2009 Coastal Commission Application No. 1-09B, October 9, 2009 SP 207 (I) To implement "Proposition D - Preserve the Flower and Strawberry Fields and Save Taxpayer's Money" for Planning Area 8 by re-designating the land use from "Golf Course" to "Agricultural/Open Space" and allowing development pursuant to Carlsbad Municipal Code Chapter 21.209 - Cannon Road Agricultural/Open Space (CR-A/OS) Zone. Approved by Planning Commission Resolution No. City Council Ordinance No. Coastal Commission Application No. TABLE OF CONTENTS I. INTRODUCTION 1 A. INITIATION OF THE PLAN 1 B. PROJECT LOCATION AND OWNERSHIP 1 C. SPECIFIC PLAN ACREAGE AND SITE DESCRIPTION 1 D. PURPOSE OF THE PLAN 5 E. PROPOSED LAND USES 5 F. ISSUES ADDRESSED IN THE PLAN 7 G. RELATIONSHIP OF THE PLAN'S POLICIES TO ITS REGULATIONS 7 H. COMPLIANCE WITH THE GENERAL PLAN 7 1. LAND USE ELEMENT 7 2. OPEN SPACE & CONSERVATION ELEMENT 10 3. CIRCULATION ELEMENT 10 4. NOISE ELEMENT 11 I. AGRICULTURAL PRESERVE 12 J. ENTITLEMENT AND APPROVALS PERMITTED BY THE SPECIFIC PLAN14 K. SEVERABILITY CLAUSE 14 II. LAND USE AND CIRCULATION 15 A. INTRODUCTION 15 B. OVERVIEW OF PLANNING AREA OPPORTUNITIES AND CONSTRAINTS 15 1. COMMUNITY CONTEXT 15 2. NATURAL AND CULTURAL FEATURES 16 3. INFRASTRUCTURAL CONSIDERATIONS 18 4. INSTITUTIONAL AND JURISDICTIONAL CONSIDERATIONS .... 18 5. NOISE AND AIRPORT COMPATIBILITY 19 C. DESCRIPTION OF THE CARLSBAD RANCH PLAN CONCEPT 19 D. GOALS, OBJECTIVES AND POLICIES 28 III. DEVELOPMENT STANDARDS AND DESIGN GUIDELINES 64 A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES .65 1. BUILDING HEIGHT 65 2. BUILDING LOT COVERAGE 66 3. PARKING STANDARDS 66 4. SIGNAGE 71 5. EMPLOYEE EATING AREAS 72 6. SERVICE LOADING AREAS AND TRASH ENCLOSURES 72 7. OPEN SPACE TRANSITION AREAS 73 Carlsbad Ranch Specific Plan jjj TABLE OF CONTENTS a. Perimeter Wall 73 b. Berms 73 c. Drainage 74 8. ROADWAYS 77 a. Palomar Airport Road 77 b. Cannon Road 78 c. Armada Drive 79 d. LEGO Drive 81 e. The Crossings Drive 83 f. Street 84 9. LANDSCAPE CONCEPT 85 a. Golf CourseCannon Road Open Space. Farming, and Public Use Corridor 88 b. Parking Areas 90 c. Project Entries 92 B. PLANNING AREA 1 - GEMOLOGICAL INSTITUTE OF AMERICA 97 1. DEVELOPMENT STANDARDS 99 PLANNING AREA 2 - RESEARCH AND DEVELOPMENT 103 2. DESIGN GUIDELINES 107 D. PLANNING AREA 3 - HOTEL/RETAIL 109 1. DEVELOPMENT STANDARDS 109 2. DESIGN GUIDELINES 111 E. PLANNING AREA 4 - LEGOLAND Carlsbad 114 1. PLANNING AREAS 114 2. DEVELOPMENT STANDARDS 121 3. DESIGN GUIDELINES 137 4. LANDSCAPE AREAS 143 F. PLANNING AREA 5 - RESORT 155 1. DEVELOPMENT STANDARDS 155 2. DESIGN GUIDELINES 158 G. PLANNING AREA 6 - SPECIALTY RETAIL 159 1. DEVELOPMENT STANDARDS 159 2. DESIGN GUIDELINES 162 H. PLANNING AREA 7 - FLOWER FIELDS 165 1. DEVELOPMENT STANDARDS 165 I. PLANNING AREA 8 - GOLF COURSEAGRICULTURE AND OPEN SPACE 171 1. DEVELOPMENT STANDARDS 172 J. PLANNING AREA 9 - NATURAL OPEN SPACE 178 1. DEVELOPMENT STANDARDS 178 IV. COMMUNITY FACILITIES 180 Carlsbad Ranch Specific Plan jv TABLE OF CONTENTS A. INTRODUCTION 180 B. CITY ADMINISTRATIVE FACILITIES 180 C. LIBRARY FACILITIES 181 D. PARK FACILITIES 181 1. GOLF COURSE 181 2r ! TRAIL SYSTEM/PEDESTRIAN WALKWAY 182 a. 2. PARK MITIGATION RECOMMENDATIONS 182 E. OPEN SPACE 182 F. FIRE 184 G. SCHOOLS 184 V. UTILITIES AND INFRASTRUCTURE 186 A. INTRODUCTION 186 B. DOMESTIC WATER 186 C. RECLAIMED WATER 191 D. STORM DRAINAGE 192 E. SEWER AND WASTEWATER FACILITIES 193 F. SOLID WASTE 195 G. ELECTRICITY 195 H. NATURAL GAS 195 I. TELEPHONE 195 J. CIRCULATION 195 VI. SPECIFIC PLAN IMPLEMENTATION MEASURES 207 A. ORDINANCES TO BE ADOPTED 207 B. SUBSEQUENT APPROVALS NECESSARY TO IMPLEMENT THE SPECIFIC PLAN 207 C. CAPITAL IMPROVEMENT PROGRAM 212 D. PHASING PROGRAM 213 E. GRADING/EROSION CONTROL 225 1. INTRODUCTION 225 2. GUIDELINES 225 3. CONFORMANCE WITH CITY OF CARLSBAD ORDINANCES .. 228 4. PHASING OF GRADING 228 5. LANDSCAPE MITIGATION 229 VII. SPECIFIC PLAN ENVIRONMENTAL REVIEW 230 A. ENVIRONMENTAL IMPACT REPORT (94-01) 230 B. OPPORTUNITIES AND CONSTRAINTS 230 Carlsbad Ranch Specific Plan V TABLE OF CONTENTS 1. AGRICULTURAL RESOURCES 230 2. AIR QUALITY 230 3. ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES 232 4. BIOLOGICAL RESOURCES 234 5. TRAFFIC/CIRCULATION 235 6. HAZARDOUS WASTE/PESTICIDE RESIDUE 238 7. LAND USE COMPATIBILITY 238 8. NOISE 239 9. PUBLIC SERVICES AND UTILITIES 239 a. Fire Protection Services 239 b. Police Protection Services 239 c. Sewer and Wastewater Treatment Facilities 239 d. Schools 239 e. Water Supply/Reclaimed Water 241 10. SOLID WASTE 241 11. VISUAL AESTHETICS/GRADING 243 12. WATER QUALITY 243 C. SUBSEQUENT ENVIRONMENTAL REVIEW 243 VIII. SPECIFIC PLAN ADMINISTRATION 244 A. INTRODUCTION 244 B. STATE REQUIREMENTS 244 C. LOCAL REQUIREMENTS 244 1. AMENDMENTS 246 IX. SPECIFIC PLAN ENFORCEMENT 246 Carlsbad Ranch Specific Plan vi IS'' LIST OF FIGURES Figure 1 Regional Context 2 Figure 2 City Context 3 Figure 3 ' Vicinity Map 4 Figure 4 Development Summary 5 Figure 5 Williamson Act Lands 13 Figure 6 Site Features 17 Figure 7 Airport Flight Line Analysis 20 Figure 8 General Plan Uses 23 Figure 9 Zoning Designations 24 Figure 10 Planning Areas 25 Figure 11 Development Program 26 Figure 12 Parcelization 27 Figure 13 Grading Concept 38 Figure 14 Storm Water Management Concept 39 Figure 15 Circulation Plan 49 Figure 16 Typical Street Cross Section 50 Figure 17 Typical Stree Cross Sections 51 Figure 18 Typical Street Cross Sections 52 Figure 19 Typical Street Cross Sections 53 Figure 20 Typical Street Cross Sections 54 Figure 21 Typical Street Cross Sections 55 Figure 22 Typical Street Cross Sections 56 Figure 23 Typical Street Cross Sections 57 Figure 24 Typical Street Cross Sections 58 Figure 25 Pedestrian Walk In Flower Field 63 Figure 26 Typical Surface Parking 69 Figure 27 Typical Parking Structure Treatment 70 Figure 28 Agricultural Buffers 75 Figure 29 Typical Berm Treatments 76 Figure 30 Landscape Concept 86 Figure 31 Planning Area 1 - Gemological Institute of America 98 Figure 32 Planning Area 2 - Research and Development 104 Figure 33 Planning Area 3 - Hotel/Retail 110 Figure 34 Planning Area 4 - LEGOLAND Carlsbad 117 Figure 35 LEGOLAND Carlsbad - Planning Areas 119 Figure 36 LEGOLAND Carlsbad - Conceptual Site Plan 120 Figure 37 LEGOLAND Carlsbad - Key Setbacks 124 Figure 38 LEGOLAND Carlsbad - Parking Concept Plan 128 Figure 39 LEGOLAND Carlsbad - Parking Geometries 129 Figure 40 LEGOLAND Carlsbad - Circulation Plan 130 Carlsbad Ranch Specific Plan vii LIST OF FIGURES Figure 41 LEGOLAND Carlsbad - Landscape Concept Plan 144 Figure 42 LEGOLAND Carlsbad - Cross Sections 145 Figure 43 LEGOLAND Carlsbad - Cross Sections 146 Figure 44 LEGOLAND Carlsbad - Cross Sections 147 Figure 45 LEGOLAND Carlsbad - Cross Sections 148 Figure 46 Planning Area 5 - Resort 156 Figure 47 Planning Area 6 - Specialty Retail 160 Figure 48 Planning Area 6 - Specialty Retail 164 Figure 49 Planning Area 7 - Flower Fields 168 Figure 50 Cross Section - Wall & Promenade 170 Figure 51 Planning Area 8 - Golf CourseAgriculture and Open Space 175 Figure 52 Trail at LEGO / Gotf Agriculture and Open Space Boundary 176 Figure 53 Cannon Road Golf Course Crossing Illustrative 177 Figure 54 Planning Area 9 - Natural Open Space 179 Figure 55 Open Space 183 Figure 56 Existing Utilities 189 Figure 57 Water 190 Figure 58 Sanitary Sewer 194 Figure 59 Capital Improvement Program 214 Figure 60 Earthwork Phasing - Previous Grading Done For CT 92-07 220 Figure 61 Earthwork Phasing - Phase 1 CT 94-09 221 Figure 62 Earthwork Phasing - Phase 2 CT 94-09 222 Figure 63 Earthwork Phasing - Phase 3 CT 94-09 223 Figure 64 Phasing Program 224 Carlsbad Ranch Specific Plan viii i P D. PURPOSE OF THE PLAN The purpose of the Carlsbad Ranch Specific Plan is to provide a comprehensive set of guidelines, regulations and implementation programs for guiding and ensuring the orderly development of the Carlsbad Ranch in accordance with the City's General Plan. The specific plan defines the allowable type and intensity of land use, provides detailed development and design standards and criteria, and describes the method by which the Carlsbad Ranch Specific Plan will be implemented. City Council adoption of the Carlsbad Ranch Specific Plan will establish the zoning and development standards for this property. The Carlsbad Ranch Specific Plan Amendment will ensure that the subject property is developed in full accordance with the following: City of Carlsbad General Plan Local Coastal Program - Mello II Segment Zone 13 Local Facilities Management Plan McClellan-Palomar Airport Comprehensive Land Use Plan Land Conservation Contract 76-1 E. PROPOSED LAND USES The proposed land uses for the Specific Plan Amendment will be similar in type to the original Carlsbad Ranch Specific Plan, but with a significantly reduced office/research & development component and the addition of recreational, retail, and visitor-serving land uses. Proposed land uses for the Specific Plan Amendment reflect a mix of compatible and complementary non-residential uses, including office, research and development, related light manufacturing, commercial, hotel, destination resort, golf course, agriculture, open space, a vocational school campus and LEGOLAND Carlsbad. The integrated uses will allow for the creation of a diverse, high quality development with appropriate recreational opportunities and services for the community. It will enhance the regional focus that the Carlsbad Ranch now holds as entry to the business and industrial corridor and as a visitor and community destination for its agricultural, open space, aesthetic, retail and entertainment characteristics. A table detailing the proposed land uses and associated square footage is provided as Figure 4 on page 6. Carlsbad Ranch Specific Plan The Carlsbad Ranch Specific Plan is consistent with the intent of this goal, since the majority of the project will remain as an open family park, golf course open space, and agricultural area. The project has been designed to concentrate development along Paseo Del Norte, the site's developable western ridge and the flatter portions of the eastern boundary, thus preserving significant amounts of open space including the well known "flower fields". b. Goal A.2 - A City which provides for an orderly balance of both public and private land uses. The specific plan meets this goal by providing public recreational uses and amenities, including a family park, a golf course and open space uses that are open to the public, a pedestrian promenade and a trail through the flower fields which will channel foot traffic through the fields. The private uses that contribute to balance the specific plan include LEGOLAND Carlsbad, the Resort, the Gemological Institute, the Hotel/Timeshare area and the Specialty Retail shops. Growth Management And Public Facilities c. Goal A.1 - A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of the residents. The Carlsbad Ranch Specific Plan includes provisions which ensure that all necessary public facilities will be available concurrent with need. The specific plan has been developed to be consistent with and to implement the Zone 13 Local Facilities Management Plan (LFMP) as identified in the Community Facilities (IV), Utilities and Infrastructure (V) and Specific Plan Implementation Measures (VI) chapters of this document. The Zone 13 Local Facilities Management Plan Amendment is being processed concurrently with this Specific Plan Amendment. Development within the Carlsbad Ranch has been anticipated and provisions have been established to ensure the availability of public facilities. Carlsbad Ranch Specific Plan Q /to Commercial d. Goal A.1 - A City that achieves a healthy and diverse economic base by creating a climate for economic growth and stability. The Carlsbad Ranch Specific Plan will provide a family oriented theme park, and destination resort and golf course, as well as a diverse range of commercial services including restaurants, specialty shops, regional retail, etc. The commercial uses of the specific plan will also serve to attract and accommodate local residents as well as meet the needs of the specific plan's tenants and guests. Industrial e. Goal A - A City which develops an industrial base of light, pollution- free industries. The Carlsbad Ranch Specific Plan incorporates research and development uses into the Specific Plan Program, thus maintaining consistency with the intent of this goal. The research and development uses contribute a light industrial component to the specific plan that will serve to strengthen the City's tax base as well as increase job opportunities for local residents. Agriculture f. Goal A.2 - A city which supports agriculture while planning for possible transition to urban uses. The proposed development on the site will provide supplemental income to help sustain agricultural operations in Planning Area 7, the Flower Fields. The specific plan will increase the amount of acreage preserved as permanent Open Space for agricultural purposes. Agricultural uses shall be allowed to continue in Planning Area 8 for as long as it remains economically viable for the landowners. When the landowners determine that agriculture is no longer economically viable, other open space uses shall be permitted. Environmental g. Goal A - A City which protects and conserve natural resources, fragile ecological areas, unique natural assets and historically significant features of the community. Carlsbad Ranch Specific Plan 9 The Carlsbad Ranch Specific Plan contains provisions to preserve the community landmark of the "Flower Fields". This is made possible by the revenue created by the other proposed uses. Special Planning Considerations -- Airport h. Goal A - A City which maintains land use compatibility between McClellan-Palomar Airport and surrounding land uses. The Carlsbad Ranch Specific Plan area is located within the Palomar Airport Special Treatment Area as defined by the "Comprehensive Land Use Plan for Palomar Airport". As discussed in the Land Use Element of the General Plan, specific plans should be developed for properties located within the Airport Influence Area to ensure definite work programs for those identified key areas that affect the character of the entire community. Through the development of comprehensive design guidelines, the Carlsbad Ranch Specific Plan shall ensure the orderly and consistent development of all properties within the specific plan. 2. OPEN SPACE & CONSERVATION ELEMENT a. Goal A.1 - Preserve and create an open space system The first goal of the Open Space & Conservation Element identifies the need to preserve and create open space systems that maintain community identity, achieve a sense of natural spaciousness, and provide a certain degree of visual relief to the cityscape. The Carlsbad Ranch Specific Plan provides for the preservation of all existing General Plan Open Space in addition to proposing additional General Plan Open Space for agriculture and open space uses a golf course open to the public. The open space areas also include an area of native vegetation in the northeast corner of the specific plan area. 3. CIRCULATION ELEMENT Streets And Traffic Control a. Goal A.1 - A City with an integrated transportation network serving local and regional needs. The Carlsbad Ranch Specific Plan shall provide a comprehensive circulation system that will serve the present and future traffic needs of Carlsbad and the region as a whole. The proposed internal circulation system of the project creates a circulation pattern which provides logical links with the existing system. The Carlsbad Ranch's internal circulation system is Carlsbad Ranch Specific Plan 10 used for growing flowers. Several measures aimed at reducing potential conflicts between urban and agricultural uses on Carlsbad Ranch were adopted by the Coastal Commission at the time approvals were granted. These measures have been refined, where appropriate, and incorporated into the specific plan policies and standards. In 1993, the Carlsbad Ranch Specific Plan was approved by City Council (City Council Ordinance No. NS-227) for the development of 117.1 acres. A corresponding amendment to the City's General Plan which converted some Non- Residential Reserve to Open Space, Commercial, Office, Planned Industrial and Travel Service was also approved by the City Council. The proposed amendment to the Carlsbad Ranch Specific Plan will increase the size of the specific plan area from 423.51 acres to 447.40 acres. The amendment will change several of the previously approved land uses which will include the provisions for a golf course open to the public, a destination resort and LEGOLAND Carlsbad. 5. NOISE AND AIRPORT COMPATIBILITY The site is also located in the Palomar Airport Influence Area. A portion of the site is within the projected 60 and 65 CNEL noise contours for Palomar Airport. Specific mitigation measures have been incorporated in this specific plan to ensure the compatibility of development with airport operations and consistency with the Palomar Airport Comprehensive Land Use Plan (see Chapter VII, Section B - Environmental Mitigation Measures). Building height, although a consideration, is not an issue in regard to airport operations as the proposed development lies well below the 100:1 flight line as illustrated by Figure 7 on page 20. C. DESCRIPTION OF THE CARLSBAD RANCH PLAN CONCEPT The concept underlying the plan for the Carlsbad Ranch is to create a mix of distinctive, complementary and compatible non-residential land uses including offices, research and development, commercial, destination resort, agriculture, getfopen space. education institute and LEGOLAND Carlsbad. The mix of uses is supported by a pedestrian-scale circulation plan that encourages guests, employees, students and visitors to conveniently attend classes, work, shop, dine, exercise, §etf-and enjoy wholesome entertainment within walking distance. The plan concentrates building development within a limited area so that open space can be preserved and enhanced. Carlsbad Ranch Specific Plan 19 Much of the most visible west-facing slope will maintain agricultural use of the site as flower fields. Formal elements will heighten the sense of the hillside landscape and will reinforce the visual importance of the ridgeline extending through the site and creating a prominent brow at the southwest end. A transitional wall will create an edge to the flower fields that will become a promenade providing scenic vistas to the fields, the city and the ocean. Development will be concentrated within a limited area along the western-most ridge and areas to the east. A hotel/timeshare will occupy a prominent location at the southern end of the site. The hotel/timeshare will serve a role in Carlsbad much like the La Valencia Hotel in La Jolla and the Hotel Del Coronado in Coronado as a major landmark and social gathering place for the community. The use of courtyards, terraces, landscaping, sloping and tiled roofs, distinctive massing and many of the qualities characteristic of Mediterranean buildings are envisioned. The focus of development in the north and central portion of the specific plan will be on Biotech, research/corporate users and a vocational campus housing the Gemological Institute of America. The development will be a mix of one, two and three-story buildings. Design standards will continue to require architectural articulation on all buildings, incorporating a vocabulary, which is compatible with the overall Mediterranean character of the Carlsbad Ranch. LEGOLAND Carlsbad will be situated on the southeast quadrant of the Carlsbad Ranch. It will consist of an inner park of active and passive clusters, along with a service and administration area and an outer park containing a hotel and parking. All areas of the park will be heavily landscaped. The inner park will also contain water features. All areas of the park will be child and pedestrian oriented. All structures will be designed to blend in with the extensive landscaping in garden-like settings. LEGO models will be featured in LEGOLAND Carlsbad. A full-service destination resort, which may include up to 700 suites is proposed to be located on the northeast corner of the Ranch. The architecture will be compatible with the same Mediterranean vocabulary prevalent throughout the Ranch and features such as sloping tile roofs, terraces, arches, and elevated walkways connecting the various buildings should be encouraged. A golf course open to the public, Agriculture and open space uses will be situated below the resort adding to the open space in the Ranch. The western-most portion of the Ranch below the flower fields and adjacent to Paseo Del Norte will be developed as a specialty retail center. Buildings will be designed and oriented to allow for views of the flower fields to the east. There will be a focus on food service at the end of the pedestrian access to the flower fields and ridge promenade. Carlsbad Ranch Specific Plan 21 GOAL 7 Ensure that new development and new roadways meet City of Carlsbad growth management standards for traffic levels of service. GOALS To establish a family oriented theme park and destination resort that will benefit both the citizens of and visitors to the City of Carlsbad. The plan for the development of the Carlsbad Ranch property recognizes the prominent location and key role the site occupies within the larger Carlsbad community. Development on the Carlsbad Ranch is planned with a strong public orientation that will invite use by the community. Central to the proposed development is LEGOLAND Carlsbad which will focus on providing fun and creative, educational experiences for children in the 2-13 age group and their families. This will be complemented by a destination resort, golf course open to the public, hotel, retail, agriculture, and open space. Other uses such as professional office and research and development will be integrated in the site. Development of a golf course open to tho public. ^Provision of pedestrian paths and promenades that link to the planned citywide trail system, and integration of community serving retail uses with employment opportunities will encourage use of the site by the community. OBJECTIVE 1: Plan for a variety of compatible land uses separated and buffered by open space areas and landscape setbacks. POLICY 1 -A: Allow for the development of approximately 2.93 million square feet of professional office, corporate headquarters, research and development, tourist recreational uses and a destination resort, which includes a 550,000 square foot vocational campus, a 700-suite destination resort (647,000 square feet), the 128-acre LEGOLAND Carlsbad, a 9-holo golf course open to tho public agricultural uses, open space uses. 326,000 square feet of retail uses, and one 280 room hotel (commercial living unit) (192,080 square feet), as shown on the Carlsbad Ranch Development Program (Figure 11 on page 26). The land uses proposed by the Carlsbad Ranch Specific Plan are illustrated on the General Plan Designations Figure 8 on page 23. The specific plan divides this site into five land uses: Office/Planned Industrial, Regional Commercial, Travel/Recreation Commercial, Travel/Recreation Commercial/Community Commercial and Open Space. These proposed land uses are defined below: Carlsbad Ranch Specific Plan 29 OPEN SPACE (OS): The Open Space category provides for agricultural and recreational uses. Approximately 39.1 acres of land near the southwestern corner of the property are presently designated as Open Space. This area (Planning Area 7) is proposed to increase in size to 5S.422 acres and is intended to remain in floriculture to maintain the local landmark "Flower Fields". An additional 72.072 acres is proposed for designation as Open Space to provide a golf course open to the public. The golf course open to the public, on a fee basis, will consist of two areas. A portion of the golf course will be located north of the flower fields between Car Country Carlsbad on the west and the Gemological Institute of America on the east. The other portion of the golf course area will be located north of LEGOLAND Carlsbad, south of future Cannon Road and between the Gemological Institute on the west and the resort on the east. An additional 72.072 acres (Planning Area 8V is designated as Open Space as part of the Cannon Road Agricultural and Open Space (CR-A/OS) Zone. Agricultural uses shall be allowed to continue on these areas for as long as it remains economically viable for the landowners. When the landowners determine that agriculture is no longer economically viable, other open space uses shall be permitted on the 72.07 acres pursuant to the CR-A/OS Zone (CMC Chapter 21.209). POLICY 1-B: Plan for the intensification of areas designated for development in order to maximize the amount of land retained in agriculture, recreation and open space uses. The development program for the Carlsbad Ranch establishes levels of development that encourage the maximum utilization of land set aside for development, thereby preserving larger land areas for agriculture, recreation and open space use, as well as establishing a pedestrian environment. OBJECTIVE 2: Establish a mixed-use development by combining complementary uses around LEGOLAND Carlsbad that will become a focus and activity center for the City of Carlsbad. The focus of the Specific Plan Amendment is to establish a family oriented theme park and create a destination resort. LEGOLAND Carlsbad will gain inspiration from the original LEGO Family Park in Billund, Denmark and the LEGO Family Park in Windsor, UK, presently under design. The Resort will further contribute to the success of LEGOLAND 2 Acreages in this specific plan are based on tentative map level of analysis. The acreages may vary from those shown in LFMP 13 due to slight differences in the geographic area described and in the constraints considered (e.g. non-circulation element streets). Carlsbad Ranch Specific Plan 31 Carlsbad by providing amenities, which will interact directly with the Park, such as providing quality lodging. POLICY 2-A: Organize the office development in a compact pattern of buildings and streets. Adequately screen the parking areas from the primary cross streets. POLICY 2-B: Emphasize pedestrian activities and linkages in the specific plan area. OBJECTIVE 3: Establish recreational, agricultural and open space uses that maintain the open character and scenic quality of the Carlsbad Ranch property. Build out of the specific plan will result in the utilization of a significant portion of the Carlsbad Ranch property in recreational, agricultural and open space uses. In contrast to more conventional development patterns which spread development over a site, and set aside fragmented pieces of land for open space uses, the planning and design of Carlsbad Ranch has balanced the research and development, the recreational uses and open space areas. POLICY 3-A: Allow the dcvolopmont of a golf courso open to the public on a foo basis and clubhouse on lands proposed as Open Space. Agricultural uses shall be allowed to continue for as long as it remains economically viable for the landowners. When the landowners determine that agriculture is no longer economically viable, other open space uses shall be permitted. A privately owned golf course open to the public on a fee basis will be developed in Planning Area 8. This will be accomplished by a design allowing a portion of the golf course to bo located on SDG&E land to the north of the specific plan area.Proposition D - "Preserve the Flower and Strawberry Fields and Save Taxpayers Money" was approved by the City of Carlsbad voters in November 2006. Prop D placed a permanent open space zone on the privately owned agricultural lands within Planning Area 8. The Cannon Road Agriculture and Open Space (CR-A/OS) zone designation for Planning Area 8 allows agricultural uses for as long as it remains economically viable for the landowners. When the landowners determine that agriculture is no longer economically viable, other open space uses as specified in the CR-A/OS Zone (CMC Chapter 21.209) shall be permitted. POLICY 3-B: Provide for the continuation of agricultural uses in Planning Area 7 (Flower Fields) The continuation of agricultural uses is planned over the highly visible west facing slopes currently used for flower farming. Carlsbad Ranch Specific Plan 32 OBJECTIVE 4: Minimize conflicts between agricultural and urban uses. There is the potential for conflicts between uses at the interface of urban and agricultural areas. The primary physical impacts that would be expected to occur in this area involve the drift of dust and pesticides from the agricultural to urban areas, inability of farm vehicles to move through the agricultural areas, and the transport of urban pollutants from the development area to the agricultural fields through storm and irrigation water runoff. Previous planning actions on the Carlsbad Ranch identified a number of mitigation measures aimed at minimizing potential conflicts between agricultural and urban uses. Those measures have been refined, where appropriate, and incorporated as the following policies into the specific plan. Grading and storm water management concepts are also addressed in this chapter under Objective 6. More specific design standards addressing the perimeter wall and berm treatment are discussed in the design guidelines. LAND USE AND DESIGN MEASURES POLICY 4-A: Establish a 25-foot building setback from adjoining agricultural areas. Structures must be set back 25 feet from adjacent agricultural areas in order to ameliorate the impacts of agricultural dust, pesticides and noise on the commercial uses. POLICY 4-B: A 6 foot solid wall or 3 foot high berm with 3 foot high landscaping on top shall be installed around the perimeter of the area designated for development adjacent to agricultural areas, to provide a physical barrier between urban and agricultural uses and to restrict access into agricultural areas. Construction of the perimeter wall and/or berms will occur concurrent with development. Installation of temporary barriers are required if the construction of Armada Drive precedes development on portions of the site. A combination of a wall and landscaped berms are located around the perimeter of the development area to provide a barrier between agricultural and urban uses, as shown on Figures 28 and 29 on pages 72 and 73. Along the western edge of the ridge developable area, a solid wall is proposed as a barrier between uses. Due to the high visibility of the wall, design guidelines provided in the following chapter will ensure that the wall is treated to provide a positive contribution to the project design. An illustrative plan and section of the wall appears in Figure 50 on page 164. Landscaped earth berms are proposed around the remainder of the developable areas and the agricultural area where a barrier which is softer in appearance is desirable. Berms will be 3 feet in height and supplemented with 3 feet of plant material, to achieve a 6-foot barrier. Typical berm treatment is illustrated in Figure 29 on page 73. Carlsbad Ranch Specific Plan 33 POLICY 4-C: Re-grade the road cut adjacent to Palomar Airport Road in the area designated as "Open Space" to allow agricultural use of the land. Soils in the regraded area should be amended to be equivalent to the existing Class III Marina soils. The grading concept prepared for the specific plan regrades road cuts at the south edge of the property to a slope of 6:1 in order to allow agricultural use of the land. The grading concept is illustrated by Figure 13 on page 37. POLICY 4-D: Require the disposal of irrigation and storm water runoff from the buildings, streets, parking lots and landscaped areas through a system of detention basins and storm drains so as to segregate urban and agricultural runoff and mitigate the potential water degradation associated with each land use. The storm water management concept for the Carlsbad Ranch development collects urban water runoff and disposes of it through an integrated system of features which are designed to improve the quality of the storm water before it is discharged off site. Drainage facilities are planned to segregate urban runoff from agricultural areas. The storm water management concept is discussed more fully in the following section, beginning on page 36. POLICY 4-E: Project landscaping shall incorporate windbreaks to aid in reducing the effects of farm spraying and dust generation. The landscape concept for the Carlsbad Ranch includes generous landscaping which provides amenity and shelter from the sun, wind and rain. In other areas of the development, informal groupings of trees and shrubs are planted on berms and in setback areas to provide shelter from the wind. POLICY 4-F: Landscape plant material shall be selected for resistance to pests, particularly aphids, thrips, whitefly and spider mites. The use of herbaceous plant material should be minimized. Landscaping should be inspected routinely for the presence of pests and treated to control them. All pests shall be eliminated by means that do not adversely impact agricultural crops. Suggested plant material included in the Landscape Concept portion of the design guidelines (beginning on page 82), considers susceptibility to pests as well as suitability to the climate, drought tolerance and image. OPERATIONAL AND FINANCIAL MEASURES In addition to measures that address the physical planning and design of the Carlsbad Ranch development, the following policies address land use compatibility issues through operational and financial means: Carlsbad Ranch Specific Plan 34 no POLICY 4-G: The project sponsor shall notify all future tenants, users or landowners of the developable area that the area is subject to dust, pesticides and odors associated with adjacent farm operations. The notification should specify that users occupy the area at their own risk. The notice shall be included on all deeds to parcels created, as well as in the rental and lease agreements. POLICY 4-H: Farm operators shall regularly water dirt roads to minimize the drift of dust to adjoining uses. All agricultural leases for the property shall contain this requirement. POLICY 4-1: Should water rates increase as a result of urban development on the Carlsbad Ranch, the project sponsor will subsidize water rates for agricultural operations so that they equal agricultural water rates. All leases for the property shall contain this requirement. POLICY 4-J: The cost of all mitigation measures shall be borne by the project sponsor and not passed on to the agricultural operators. Should the property owners choose not to farm on a yearly basis, a reasonable effort shall be made to offer the agricultural land for lease or rent for agricultural uses at a value equal to or less than the average market rents for similarly situated coastal agricultural land within a 30-mile radius of the Carlsbad Ranch. OBJECTIVE 5: Develop LEGOLAND Carlsbad to focus on providing fun and creative educational experiences for children in the 2-13 age group and their families. POLICY 5-A: Establish the child as the focal point. All of the attractions and rides within LEGOLAND Carlsbad will be designed and built at a scale to appeal to children in the 2-13 age group. No high-speed thrill rides (those rides typically oriented towards the teenage and young adult audience) will be provided. POLICY 5-B: Provide for family interaction and fun. The attractions at LEGOLAND Carlsbad will be designed to ensure that a chHd and his or her family won't just observe, they will actually become involved and active in the attractions. POLICY 5-C: Create a "park within a park". The entire LEGOLAND Carlsbad will be heavily landscaped including the entrances and parking areas. The portion of the Park containing the attractions will appear as a park set within a heavily landscaped park setting. Carlsbad Ranch Specific Plan 35 POLICY 5-D: Create a world of learning. LEGOLAND Carlsbad will provide play opportunities and educational activities that actively engage children. Educational programs and opportunities will be designed to appeal to all age groups. POLICY 5-E: Develop theme areas corresponding to LEGO brands. A section of the Park will be developed with DUPLO products to appeal to the younger children. Other areas will be developed with LEGO products appealing to older children. OBJECTIVE 6: Grading and drainage approaches for the site should build on the topographic character of the Carlsbad Ranch. POLICY 6-A: Grading for the site should reflect and, where appropriate, enhance the site's topography. Through its history of agricultural use, the landforms of the Carlsbad Ranch property have been significantly altered from their natural state to accommodate field agricultural uses. In addition, development of roadways around the perimeter of the site have resulted in sharp road cuts which are among the steepest slopes on the site. The underlying topographic character of the site is legible, however, and provides the basis for the proposed grading approach. All grading within the specific plan will be in accordance with the requirements of Carlsbad's Hillside Development Ordinance. The area around the intersection of Palomar Airport Road and Armada Drive shall be re-contoured to facilitate the use of this area for agriculture. POLICY 6-B: Establish a storm water management system which utilizes, to the extent feasible, natural drainage courses and best management practices to improve environmental quality of water runoff prior to discharge from the site. The Carlsbad Ranch Specific Plan proposes a comprehensive system of water detention basins and conveyance systems, as depicted in Figure 14 on page 38, which is intended to improve the quality of water runoff prior to being discharged off site and ensures that urban runoff does not flow over agricultural land. The concept calls for the development of an integrated system of detention ponds, grassed swales and catchment basins which filter storm water runoff before discharging it into the City's storm drainage system which eventually flows into the Agua Hedionda Lagoon and Encinas Creek. Carlsbad Ranch Specific Plan 36 The proposed storm water management approach for the Carlsbad Ranch varies somewhat from the approach assumed by the Zone 13 Local Facilities Management Plan. The Zone Plan assumed runoff would be conveyed on-site through underground storm drains, whereas the specific plan advances the concepts of segregating flows based on land use and incorporating above ground flows on the golf courseagricultural and open space areas and extended detention in order to improve the quality of water runoff. The Carlsbad Ranch system works within the limitations set by the surrounding citywide drainage improvements. As allowed by the Zone 13 Local Facilities Management Plan, and subject to the approval of the City Engineer, alternative storm water facilities such as those proposed herein shall be acceptable to accommodate future development within the Carlsbad Ranch Specific Plan area. The Carlsbad Ranch contributes storm runoff to two watersheds, the Agua Hedionda Creek Watershed, which discharges into Agua Hedionda Lagoon to the north, and the Canyon de las Encinas Watershed, discharging into the Pacific Ocean to the south and west of Carlsbad Ranch. The potential for the degradation of water quality at storm water runoff discharge points is largely determined by land use. Moreover, the characteristics of pollutants contributed by different land uses, determine different facilities that are best suited to specific pollutant removal. To best address water quality degradation that may be associated with specific land uses, this storm water management plan segregates runoff based on land use. By doing so, different facilities that target particular pollutants can be most efficiently located in the system. Distinctions have been made between three land use types: urbanized development, landscaped open space/golf course and agricultural land (Flower Fields). The urbanized areas with increased impervious cover (streets, parking lots, roof tops) will contribute the highest increase in storm runoff compared to pre-development conditions. The increase in runoff quantity can be mitigated by providing permanent ponds that have sufficient added capacity to detain or hold back additional storm water, while only releasing water at pre-development rates. Pollutants that may potentially be introduced are primarily associated with streets and parking areas that collect oil-related and other automotive by-products on their hard surfaces. Leaves, dust, and accumulated litter also are often washed from these surfaces by storm water. Urban landscape areas have the potential for contributing nutrients and pesticides to runoff from fertilizers, soil amendments and spraying. Similarly, landscaped open space and golf course areas are potential sources for the introduction of increased nutrients and pesticides in storm water. Agricultural areas, due to their cultivated state, are known to be potential sources for suspended silts and sediment loads in storm water. Agricultural fertilizers and pesticides also present the potential for additional nutrient loads and pesticide-related tainting of storm runoff. Carlsbad Ranch Specific Plan 39 The primary goal of this storm water management plan is to prevent flooding and protect property by providing safe, effective site drainage. This plan also addresses the potential impacts that the proposed land uses may have on the environmental quality of the water. To mitigate these potential impacts, this plan relies on a variety of facilities each specifically located within the system to provide incremental removal of urban pollutants. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide Best Management Practices to control discharges of pollutants to the maximum extent practicable to waters of the United States. Plans for such improvements shall be approved by the City Engineer prior to, or concurrent with, approval of the final map, issuance of grading or building permit, whichever occurs first, in the affected area. Said plans shall include, but not be limited to the following, which shall be included in the project's CC&Rs: The owner's association shall coordinate the use of the City's established program to assist owners with the removal and proper disposal of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, county and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. All parking and driving areas shall be swept and vacuumed on an established schedule to prevent the accumulation of dirt/oil/grease which could be washed into the storm drain system. The sweeping schedule shall be determined during the processing of the Site Development Plan for each Planning Area. AGUA HEDIONDA CREEK WATERSHED The proposed development establishes four drainage basins within the Agua Hedionda Creek Watershed. Basin One captures storm drainage from the golf course agricultural and open space areas. Surface water will be conveyed through swales to an NPDES storm drain system which will connect with the existing system in Cannon Road. This system will empty onto the SDGE property north of Cannon Road. A temporary depolluting/desilting basin will be constructed in November 1995, to provide protection for SDGE. Carlsbad Ranch Specific Plan 40 /7V Basin Two runoff is generated from the agricultural flower fields, a portion of the golf-course open space areas and the Specialty Retail commercial area. Runoff from these three areas is treated independently prior to being combined and discharged from the site. Runoff from agricultural areas is proposed to be collected and conveyed through a swale system to the lower reaches of the site. Check dams and periodic NPDES sedimentation basins are proposed, as necessary, to reduce velocity of runoff and promote settling of suspended sediments, prior to reaching the Specialty Retail commercial area. Upon reaching this area, storm runoff will be conveyed in storm drains along Paseo del Norte and released to the west in an extension of the existing culverts under Paseo del Norte. Storm runoff generated from the Specialty Retail will be conveyed through a swale system in the landscaped setback incorporating Best Management Practices and to the satisfaction of the City Engineer prior to release into the storm drain system. These facilities are intended to capture urban runoff pollutants resulting from parking lot/automotive sources. Basin Three runoff is generated from a small portion of the golf course agricultural and open space area east of LEGO Drive and a small northerly portion of the resort site. Runoff will surface-flow to a basin just southeast of the Cannon/Armada intersection. This facility will allow for elimination of urban pollutants, regulated release of the runoff, as well as reduction of velocity, and promotion of settlement of suspended sediments. After treatment, the water will be discharged into a storm drain system crossing both Armada Drive and Cannon Road and emptying onto the north side of Cannon Road within the SDGE property. A temporary depolluting/desilting basin will be constructed in November 1995, to provide protection for SDGE. Basin Four of the Agua Hedionda Creek Watershed is located in the extreme northeast corner of the site. As no development is proposed for this portion of the site, due to extreme slope conditions and habitat value, no storm drainage improvements are proposed. The proposed resort entrance drive must therefore be designed so as not to release storm water into this portion of the watershed. CANYON DE LAS ENCINAS WATERSHED The proposed development establishes three drainage basins within the Canyon De Las Encinas Watershed. Basin One consists of the southern portion of the resort, the majority of the O/PI site, the hotel site, and all of LEGOLAND Carlsbad. Runoff will be conveyed by an underground storm drain system to a vegetated swale/detention system on the north side of Palomar Airport Road which will also provide depolluting before discharge into the existing culverts crossing Palomar Airport Road. Basin Two consists of golf course agricultural, open space, and resort areas. Drainage will flow on the surface, either through swales or lined channels, to a basin just east of the Armada/Lego intersection. After depolluting in the basin, these flows will be Carlsbad Ranch Specific Plan 41 carried into the underground system and carried south to join flows from Basin One and into Palomar Airport Road. Basin Three consists of the GIA site and the northerly portion of the R & D lots. Flows will be carried in the underground system in Armada Drive, and then into the Lego Drive underground system to be carried south to join flows from Basins One and Two and into Palomar Airport Road. Removal of urban pollutants for Basins One and Three will be accomplished with long, flat grassy swale systems within the longitudinal basins north of Palomar Airport Road. The gentle slopes will allow for settling of the pollutants, and the vegetation will allow for some filtering. Periodic cleaning of basins to remove accumulated pollutants will be recommended. DRAINAGE MAINTENANCE The ongoing maintenance of facilities in the system and the surface areas that contribute runoff will be essential to the storm water system's success. The property owner shall be responsible for the maintenance of drainage facilities and parking area surfaces. In urban areas, regular street and parking lot sweeping are important to prevent unnecessary loading of the system with dust and debris. Landscape and landscaped open space areas, including the golf course, shall institute integrated maintenance and pest control policies to avoid unnecessary application of fertilizers and pesticides. Soil conservation practices to minimize soil erosion and silt loading in runoff will contribute to the efficiency of the system. Since the facilities of the system are intended to remove silt and other contaminants from storm water, they will require periodic cleaning to remove accumulations that could eventually render them ineffective. Vegetated filter strips, sediment basins and detention ponds will require periodic dredging, regarding and replanting as sediments they trap eventually reduce flow and storage capacities. Water quality inlets will also require periodic removal of the accumulated petroleum-based products that they capture. The final design of these facilities will need to consider these requirements, providing reasonable maintenance access. The property owner shall be responsible for the maintenance of drainage facilities. Where the storm water management system relies on overland flow courses, its appearance must be carefully integrated into the overall landscape of the Carlsbad Ranch Specific Plan area. The coarse grasses and riparian plants that are best suited to nutrient uptake and variably wet conditions will offer a natural appearance that is desired as part of the landscape identity for the golf course. Carlsbad Ranch Specific Plan 42 A commuter rail service has been established linking Oceanside with San Diego along the existing San Diego Northern Railroad rail line, which connects Los Angeles and San Diego. Two station locations in the City of Carlsbad, on Grand Avenue and on Poinsettia Lane have been constructed along the proposed 42-mile transit line. Support transit service between the Carlsbad commuter rail stations and residential and employment centers are being developed. Circulation Concept The circulation plan for the Carlsbad Ranch has been designed to comfortably accommodate automobile, mass transit, pedestrian and bicycle needs. The plan recognizes that LEGOLAND Carlsbad in Planning Area 4 and the Resort and Hotel in Planning Area 5 will become a destination for visitors, recreational users and local residents in addition to the employees associated with these uses. This diversity of users and activities demands a circulation system that can accommodate a multiplicity of needs in a comfortable and attractive setting. The basic vehicular circulation system will route most of the visitor traffic for the park7and resort and golf course via Cannon Road to LEGO Drive and Armada Drive. Access to the office/commercial uses may be via either Cannon Road or Palomar Airport Road to Armada Drive. Because most of the visitor trips are by choice, they will typically not coincide with the employment generated trips to the business section of the development. By separating the predominant visitor serving traffic from Palomar Airport Road, the overall projected levels of service of the roadways can be improved. Roadway System The primary circulation system of the Carlsbad Ranch includes a four-lane north-south secondary arterial (LEGO Drive / Armada Drive) that links Cannon Road to the north and Palomar Airport Road to the south. A "roundabout" intersection is planned for the intersection of LEGO Drive and Armada Drive. A four lane private road is planned to provide access to the LEGO parking lot. Both of these roadways provide logical and direct connections to the larger city-wide circulation system. Each of these roadways is configured and designed to meet pedestrian and recreational needs, provide clear linkages between project activity areas, and create memorable public spaces, which are comfortable for pedestrian use, in addition to providing efficient automobile circulation. Carlsbad Ranch Specific Plan 44 OBJECTIVE 7: Establish an attractive roadway system that provides access to the Carlsbad Ranch from the north and south. POLICY 7-A: Provide a north-south arterial roadway (LEGO Drive / Armada Drive) linked to Palomar Airport Road on the south and Cannon Road on the north. Establish a pedestrian promenade along the central segment of the roadway that allows public use and enjoyment of the ocean views, and links the office sites with LEGOLAND Carlsbad and the resort. POLICY 7-B: Provide parking pockets along the central portion of Armada Drive for visitors to the Carlsbad Ranch development. Punctuate parking lanes with landscaping to provide amenity and reduce the impact of the road on the adjoining walkways. The primary roadway through the project area, (Armada Drive), will serve as the primary point of access to the development in Planning Areas 2 and 3 from Palomar Airport Road to the south and Cannon Road to the north, as shown in Figure 15 on page 47. Armada Drive will serve as a secondary arterial in the planning area, with four lanes to accommodate traffic flow. Armada Drive has been carefully configured to provide a sequence of visual experiences as the visitor travels through the site. Along the southern portion of the roadway, views of the agricultural areas on the west side of the road will provide a dramatic entry to the project area. The central segment of the roadway is configured as a single loaded roadway, which maximizes public views of the flower fields, the ocean and the City of Carlsbad. Along this leg of Armada Drive, a landscaped pedestrian promenade will invite passive (viewing, sitting, eating lunch, watching passersby) and active (strolling, jogging) recreational activities. Similar to the southern segment of the roadway, the northern section of Armada Drive that links to Cannon Road via LEGO Drive will derive its character from the views of the adjoining golf courseCannon Road open space, farming, and public use corridor. Prototypical roadway sections for Armada Drive are illustrated on Figures 20 and 21 on pages 52 and 53. The parking pockets to be located along Armada Drive are permitted only on the west side of Armada Drive from the southerly boundary of Planning Area 1 to the northerly boundary of Planning Area 3. The Carlsbad Ranch Specific Plan also provides for a private street within Planning Area 2. The private street will allow for the total separation of the adjacent office/research and development uses from the tourist recreational use. Although the two land uses are adjacent to each other, the people visiting LEGOLAND Carlsbad will not be required to interact with the people working in Planning Area 2. Carlsbad Ranch Specific Plan 45 /Tl Bicycle Circulation OBJECTIVE 10: Provide bicycle facilities that promote the use of the bicycle as an alternative mode of transportation. POLICY 10-A: Incorporate bikeways into the circulation system of the Carlsbad Ranch. Development of the Carlsbad Ranch will also promote the use of bicycles for commute and recreational trips. A Class III (shared route) bicycle route is planned along Armada Drive and the north portion of LEGO Drive where the bicycle route would connect with Cannon and Palomar Airport Roads, both designated bicycle routes in the City's General Plan. Pedestrian/Bicycle trails within the specific plan shall be designed to connect into the Citywide Trail System. POLICY 10-B: Provide facilities for bicycle parking at each development site The Carlsbad Ranch will be an attractive destination for both commuter and recreational bicyclists. To accommodate and encourage the use of bicycles for these trips, conveniently located bicycle-parking facilities should be provided within each development site. Pedestrian Circulation OBJECTIVE 11: Develop a strong pedestrian circulation network within the Carlsbad Ranch that connects with planned citywide trail systems. POLICY 11 -A: Establish a pedestrian promenade along the western perimeter of the planning area, which will serve as an active public gathering place for the development, and the City of Carlsbad. In planning the Carlsbad Ranch, emphasis has been placed on developing a friendly environment for the pedestrian. The promenade along the main road (Armada Drive) will be the backbone of the Carlsbad Ranch pedestrian network that will link together the various destinations within the Ranch. Located along the western ridge of the development area with sweeping views of the Pacific Ocean and flower fields, the promenade will provide an attractive setting for pedestrian use. An illustrative section and plan of the pedestrian promenade can be found in Figure 50 on page 164. Carlsbad Ranch Specific Plan 59 III. DEVELOPMENT STANDARDS AND DESIGN GUIDELINES The purpose of this chapter is to establish the development standards and design guidelines that address the critical issues of visual quality and urban design for the Carlsbad Ranch. The standards and guidelines shall serve as the planning regulations for the Carlsbad Ranch development, and as such shall serve as the zoning for the site upon adoption of the specific plan. The following standards and guidelines are based on land use and zoning standards contained within the Carlsbad General Plan and Zoning Ordinance and are specifically adapted to suit development on the Carlsbad Ranch. Tho regulations included within tho City's zoning code will apply unless otherwise stated horoin. The Carlsbad Ranch Specific Plan has been divided into the following 9 Planning Areas as depicted in Figure 10 on page 25. Planning Area 1 - Gemological Institute of America, located at the southeast corner of Armada Drive and Cannon Road; Planning Area 2 - Office/Research and Development, located in the central portion of the specific plan area, south of Planning Area 1 on the east side of Armada Drive; Planning Area 3 - Hotel/Retail, located south of Planning Area 2 on the west side of Armada Drive overlooking the Flower Fields; Planning Area 4 - LEGOLAND Carlsbad, located in the southeast corner of the specific plan area; Planning Area 5 - Resort, located north of Planning Area 4 at the eastern edge of the specific plan area; Planning Area 6 - Specialty Retail, located on the east side of Paseo Del Norte; Planning Area 7 - Flower Fields, located east of Planning Area 6, west of Planning Areas 2 and 3 and north of Palomar Airport Road; Planning Area 8 - Golf CourseAgriculture and Open Space, located on the south side of Cannon Road; Planning Area 9 - Open Space, located east of Planning Area 5 in the northeast corner of the specific plan area. Plans contained herein are conceptual in nature only. Specific project site design shall be subject to future City review and must conform to all applicable codes, standards and design requirements. The requirements of the following General Development Standards Carlsbad Ranch Specific Plan 62 and Design Guidelines shall apply to each individual Planning Area unless review of a Planning Area's Development Standards and Design Guidelines indicate that they are not applicable. The regulations included within the City's zoning code will apply unless otherwise stated herein. Within Planning Area 8, the design and development standards of CMC Chapter 21.209 - Cannon Road Agricultural/Open Space (CR-A/OS) Zone shall take precedence over the Building Height Lot Coverage. Parking Standards, and Signage Regulations stated herein. A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES 1. BUILDING HEIGHT Building heights shall conform to the building height standards of the City's Zoning Ordinance (Chapters 21.04 and 21.29.060 of the Carlsbad Municipal Code) except as modified in this section. All buildings within the Carlsbad Ranch Specific Plan shall not exceed the height of thirty-five feet or three levels. Additional building height may be permitted to a maximum of forty-five feet through a Site Development Plan approved by the City Council provided that: a. The building does not contain more than three levels; b. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space; c. The building conforms to the requirements of Section 18.04.170 of the Carlsbad Municipal Code; d. The allowed height protrusions as described in Section 21.46.020 of the Carlsbad Municipal Code do not exceed 45 feet; with the exception of architectural features and exhibits which may be permitted up to 55 feet in height if the City Council makes the specific findings that the protruding architectural features or exhibits (1) do not function to provide usable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; (4) are necessary to ensure a building's or exhibit's design excellence; and (5) are restricted to no more than 3 percent of the total roof surface area of the structure from which it protrudes, or in Carlsbad Ranch Specific Plan 63 /ft! the case of exhibits within Planning Area 4, that they be restricted to no more than 3% of the aggregate of the exhibit as measured from each exhibit's base, upon review of a Site Development Plan approved by the City Council. 2. BUILDING LOT COVERAGE For developments which utilize surface parking, all structures shall not cover more than fifty percent of the lot on which they are located. For developments which include a parking structure or parking is located within or under the building it serves, the total coverage of all structures shall not exceed seventy-five percent of the lot. This provision shall apply only if seventy-five percent of the required parking is located in the parking structure or within or under the building it serves. 3. PARKING STANDARDS Parking spaces for all permitted and ancillary uses shall be provided consistent with the parking standards and parking ratios set forth in this specific plan. Facilities for bicycle parking shall be provided within all planning areas. The parking requirements for LEGOLAND Carlsbad are provided in the development standards for Planning Area 4. If the parking standards or parking ratios are not specifically addressed in this specific plan then Chapter 21.44 of the Carlsbad Municipal Code shall be utilized. a. Parking Ratios Parking ratios shall conform with the following standards: Art Galleries/Museums 1 space per 500 GSF Financial Institutions 1 space per 250 GSF Gyms and Health Clubs 1 space per 200 GSF Hotels 1.2 spaces per room Manufacturing 1 space per 400 GSF plus 1 space for each vehicle used in conjunction with the use Medical Offices 1 space per 200 GSF Pre-schools/Daycare Facilities 1 space per employee and 1 space per 10 students Professional Offices 1 space per 250 GSF Research and Development 1 space per 250 GSF Bio Industrial - Research and Development 1 space per 300 GSF Restaurants - <4000 sq.ft. 1 space per 100 GSF Restaurants - >4000 sq.ft. 40 spaces plus 1 space per 50 sq.ft. over 4000 sq.ft. Carlsbad Ranch Specific Plan 64 Retail 1 space per 200 GSF Timeshare 1.2 spaces per each room Vocational School 1 space per employee plus 1 space for each three students Warehouse 1 space per 1000 GSF plus 1 space for each vehicle used in conjunction with the use b. Size and Access The size and access of all parking spaces and aisle-ways shall follow the standards as provided in Section 21.44.050(a)(1) of the Carlsbad Municipal Code. c. Parking Overhang 1. No parking overhang will be allowed into any required setback area. 2. Parking overhang will be allowed only in special, specific situations as reviewed and approved by the Planning Director on a case-by-case basis. 3. In no case shall parking overhang be allowed for compact car spaces. d. Landscaping Section 9.b. of this chapter identifies the landscaping standards within the parking lot areas. Also see Figure 27 regarding the landscape concept for parking structures. e. Parking Structures Parking structures shall be located away from LEGO Drive and Armada Drive and shall be screened from public view to the maximum extent possible. Above ground structures should utilize landscaped earth berms around the edges to reduce the apparent height of the structures. Architectural treatment, building materials and colors shall be consistent with surrounding buildings. Architectural treatment (e.g., moldings and joints) should be utilized to provide relief on large walls. Decorative screen and trellis elements of durable high quality materials and vine planting are also required on each level to screen and soften the appearance of parking structures, as shown in Figure 27 on page 67. Carlsbad Ranch Specific Plan 65 Cannon Road Corridor The theme for this section of Cannon Road is "lagoon vistas and wetlands". Torrey pines, palms and melaleuca trees shall be planted in the setback in an informal manner to express the theme and screen the development. Trees shall be a minimum of 15 gallon size with at least 25% being 24" box or larger and shall be planted 25' to 40' o.c. in informal massing. An understory of shrubs and groundcovers planted in informal drifts shall be planted in the setback in accordance with the Landscape Manual requirements. iii. Lighting Light fixtures should be 30' in height and should be spaced to meet City standards for luminosity. High-pressure sodium vapor fixtures should be utilized for the best representation of natural tones. c. Armada Drive i. Roadway Character Armada Drive will branch off of LEGO Drive at the roundabout and provide the primary access to Planning Areas 2 & 3. In addition to accommodating vehicular access, Armada Drive will serve as an active public open space where employees and visitors to the Carlsbad Ranch can stroll, enjoy views of the ocean and the flower fields, eat lunch, read or watch passers-by in an outdoor setting. As such, design features which ensure that the roadway will comfortably accommodate these activities are an important planning consideration. As illustrated on the Circulation Plan diagram, Figure 15 on page 47, Armada Drive is planned as a four-lane roadway along its entire length. At the center of the development, the roadway will provide views to the west and separate agricultural and urban uses. Six-foot wide walkways shall be provided along both sides of Armada Drive. Along the pedestrian promenade walkways shall be a minimum of 15 feet in width on the west side of Armada Drive to accommodate pedestrian activity. An illustrative plan and section of the pedestrian promenade appears as Figure 50 on page 164. ii. Landscaping/Street Trees Landscaping shall be installed adjacent to the curbs along both sides of the roadway to separate the walkways from the traffic lanes. In areas without on-street parking, continuous landscaping shall be Carlsbad Ranch Specific Plan 76 7. OPEN SPACE TRANSITION AREAS The Carlsbad Ranch Specific Plan provides for the continuation of agricultural uses along with the development of urban uses. The following design guidelines are intended to provide for the establishment of transitional elements and other mitigation measures that will minimize conflicts between agriculture and urban or open space uses. The primary impacts that may occur include the drift of dust and pesticides from agricultural operations and runoff from urban uses to agricultural fields. a. Perimeter Wall A 6-foot wall shall be provided along the majority of the western edge of Planning Areas 2 and 3, adjacent to the flower fields, as illustrated on Figure 28 on page 72. The wall should be situated with the hillside topography in a manner that will allow views over the wall from the roadway and development sites east of the wall. The design character of the wall shall complement the architectural character of the larger development, incorporating a Mediterranean style, utilizing light colored sandblasted concrete, stucco or slump block building material. The perimeter wall is conceived as an element that will make a positive design contribution to the project, by providing a hard edge that clearly defines the open space areas. In addition to providing a buffer between agricultural uses and urban uses, a landscaped pedestrian promenade is planned along the wall, to provide connections between the Hotel/Retail and Research and Development areas, and allow public views of Carlsbad and the ocean. Landscaping along the promenade shall incorporate evergreen and flowering accent trees to provide screening from dust and pesticides, shade in the summer months and seasonal interest. An illustrative plan and typical cross section of the wall and landscaped promenade are presented in Figure 50 on page 164. b. Berms Where perimeter walls are not planned, densely landscaped earth berms should be provided along the edge of the developed area, as illustrated by Figure 29 on page 73. Earth berms should be a minimum of three feet in height and planted with 3' shrubs to create a 6' barrier. Variations in the height and slope of the berms are required to create a more natural appearance. Trees and shrubs should be planted along the berms in an informal, natural pattern. Carlsbad Ranch Specific Plan 70 9. LANDSCAPE CONCEPT The landscape concept for the Carlsbad Ranch Specific Plan is illustrated in Figure 30 on page 83. Key elements of the landscape are arranged to heighten the contrasts between urban and rural features, cultivated and natural, formal and informal: • The golf course will active open space areas may be landscaped in an informal fashion, making reference to the large open spaces that surround the property. Landscaping within the various development parcels will be more manicured and urban in character. Landscaping is used to enhance architecture and create a pedestrian scale with defined entries, walkways and outdoor spaces. Parking areas will be planted in an informal manner with an emphasis on screening and reducing the impact of large expanses of pavement. In contrast to the informal pattern of the golf courseaqricultural. open space, and parking areas, streets and pedestrian paths through trie development area are given a formal landscape treatment, whrch clearly marks the importance and public nature of these spaces. The Landscape Guidelines provided in this section are applicable to all portions of the specific plan except for LEGOLAND Carlsbad. See the Landscape Guidelines for LEGOLAND Carlsbad provided in Planning Area 4 for additional information. Carlsbad Ranch Specific Plan 82 Landscape Zones & Guidelines "Landscape zones" will be established within the Carlsbad Ranch as defined in the City of Carlsbad Landscape Manual. Plant species, methods of arrangement (formal vs. informal), water use and maintenance requirements are some of the elements used to define the zones. Four "landscape zones" are defined in the Landscape Manual and are briefly summarized as follows: Zone 1 - Lush Landscape: a traditional landscape, green, lush and flowering, requiring large amounts of water and intensive maintenance. Should be used only in areas of high use or visual importance (entries, courtyards, pedestrian ways, recreation areas, etc.). Zone 2 - Refined Landscape: an unmanicured appearance, not unkempt, but requiring less water and maintenance. Ornamental, low water using plants suited to the climate and soils and used in areas of moderate use and visual importance. Zone 3 - Naturalizing Landscape: a "self-sufficient" landscape characterized by plants (not necessarily native) that can adapt to the region's natural rainfall, climate and soils. Planted in low use areas whose visual character need not have a refined appearance. Zone 4 - Native Landscape: areas of existing natural, native or naturalized vegetation which will remain with very little disturbance from site improvements. May be wildlife habitat or open space areas where passive recreation or other low activity uses may occur. No irrigation and a minimal level of upkeep required. The landscape zones that will occur within the Carlsbad Ranch (excluding agricultural lands) will be primarily composed of Refined and Naturalizing Landscape (Zones 2 and 3). Lush (Zone 1) landscaping will occur within the golf course and areas within the development parcels that are of intensive use or visual importance such as entries, courtyards, pedestrian and recreational areas. The landscape of the golf oourseactive open space and parking areas will be informal in appearance using "refined" and "naturalizing" plant materials. In contrast, the streets and pedestrian paths in the development will be planted in an urban and formal manner to provide clarity and orientation to visitors to the site. Streets and pedestrian paths are within the Refined Landscape (Zone 2), as appropriate to their use in highly visible, pedestrian oriented areas. Carlsbad Ranch Specific Plan 84 The main entry into the Carlsbad Ranch from Palomar Airport Road will be dominated by the landscape of the cultivated agricultural fields. The entry from Cannon Road will be characterized by the golf courseagricultural and open space landscape and views to Agua Hedionda Lagoon. Informal massing of flowering accent trees are planned near the project entries to provide an informal yet distinct entry image. The informal planting of the project entries and suggested plant material for these areas are consistent with the guidelines for arterial streets included within the City of Carlsbad Landscape Manual. The following landscaping guidelines address the framework elements for the Carlsbad Ranch parking areas, golf courseactive open space and project entries. The recommended plant palettes given for these areas will be the dominant, reoccurring species providing for project unity, but may be supplemented with other species for variety and interest. Planting palettes are not specified for each development parcel. Landscaping within development parcels may have a wider range of plant material than described in these guidelines, but should incorporate material used in the framework elements to unify the development. LEGOLAND Carlsbad will be extensively landscaped and has special landscape objectives and guidelines of its own as detailed in the text for Planning Area 4. a. Golf CourseActive Open Space i. Landscaping Objectives: Planting, excluding turf areas should be informal, unmanicured, and natural looking; designed to require low maintenance. Plant material should be drought resistant and tolerant of marine exposure. Carlsbad Ranch Specific Plan 85 Recommended Plant Material: (a) Dominant trees (15-gallon minimum): Turfed areas: Pinus torreyana Torrey Pine Pinus halepensis Aleppo Pine Pinus canariensis Canary Island Pine Pinus pinea Italian Stone Pine Platanus racemosa California Sycamore Melaleuca leucadendra Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Transition areas-not turfed (15 gallon minimum): Quercus species Oak Platanus racemosa California Sycamore Pinus torreyana Torrey Pine Schinus molle California Pepper Acacia melanoxylon Black Acacia (b) Accent trees (24" box minimum): Jacaranda acutifolia Jacaranda Tipuana tipu Tipu Tree Erythrina caffra Coral Tree Cocos plumosa Queen Palm Washingtonia robusta Mexican Fan Palm Planting should be 25' to 40' o.c., informal massing, with a mix of 15 gallon through 48" box. Some 60" box trees should be used in key areas (e.g., entries). Accent trees should be planted in specific locations to emphasize view corridors through the golf course and around greens and tees. Carlsbad Ranch Specific Plan 86 (c) Shrubs: A combination of informal massing of both large and medium size shrubs (see Shrub List on page 92) should occur—around—§otf—fairways mixed with native ornamental grasses should occur around the development areas. A hydroseed California coastal range wildflower mix should be applied between shrub massing and grasses for accent. Shrubs shall be a mix of 5 gallon (75%) and 15 gallon (25%) sizes. b. Parking Areas i. Landscaping Objectives Parking areas will be screened using a combination of berms and landscape treatment. Planting and irrigation shall conform to guidelines within the City of Carlsbad Landscape Manual and as described below. Landscaping shall establish a densely planted informal massing of plant material to screen parking lots from adjacent property and streets. Plant material should promote low maintenance, be drought resistant, and tolerant of marine exposure. Parking lot landscaping shall meet the following guidelines: One tree for every four parking spaces shall be provided. No less than 3% of the parking area shall be planted and maintained with trees listed on the Recommended Plant Material palette contained on page 88 in this specific plan. Trees planted in parking areas shall be contained in planting areas with a minimum dimension of four feet and bounded by a concrete or masonry curb of a minimum of six inches in height. Planting should be 25' to 30' o.c., with informal massing in and around parking areas, at a minimum rate of 1 tree for every 4 parking spaces. An even mix of 15 gallon (50%) and 24" box (50%) sizes minimum should be included. Carlsbad Ranch Specific Plan 87 c. Project Entries The two main project entries to the Carlsbad Ranch are at the intersections of Cannon Road with LEGO Drive at the north and Palomar Airport Road with Armada Drive at the south. Special landscape treatment will be used at these areas to help the motorist identify the development, provide character and a sense of arrival. i. Landscape Objectives (a) Intersection of Palomar Airport Road and Armada Drive: Provide an informal yet distinct entry into the Carlsbad Ranch. Provide a continuation of cultivated flower color across Armada Drive so that the visual character of the cultivated fields becomes part of the entry image. Provide a backdrop of large accent trees adjacent to the Community Hotel/Retail parcel and LEGOLAND Carlsbad parcel flanking Armada Drive to create an informal gateway. Do not use landscape elements to identify this intersection as an entry to LEGOLAND Carlsbad. (b) Intersection of Cannon Road and LEGO Drive: Provide an informal yet identifiable entry into the Carlsbad Ranch, continuing the landscape theme of the golf course and Cannon Road Scenic Corridor. Provide clear identification of this intersection as the access route to LEGOLAND Carlsbad through the use of signage and landscape treatment. Provide informal massing of evergreen trees (pines, and/or melaleuca) and a clean ground plane of groundcover as a base for project signage. Limit use of accent trees and bedding color at this entry. Carlsbad Ranch Specific Plan 89 \°\\ (c) Intersection of LEGO Drive and Armada Drive (Roundabout): Provide an enhanced landscape treatment and LEGO theme signage for the main entry into LEGOLAND Carlsbad. Directional and identification sign(s) shall be permitted in and around this intersection (roundabout). Said sign(s) shall be subject to the approval of a detailed sign program by the Planning Director prior to the issuance of a building permit for the first project that proposes such signing. Use planting and signage to clearly distinguish for the motorist the LEGO entry vs. the Armada Drive entry to the other developed parcels. Provide specimen size accent trees (minimum 36" box size) at the intersection. Allow filtered views into the golf course landscape beyond. All signs and landscaping in the roundabout shall be designed so that they do not create obstructions to vehicular sight distance through the roundabout. (d) Individual Parcel Entries: In addition to the two main Carlsbad Ranch entries and the LEGOLAND Carlsbad entry described above, there are various driveway entries to individual development parcels which may be embellished with special landscape treatment consistent with the theme of each parcel. Provide accent trees, landscape color, low walls, signage, lighting, decorative paving surfaces, or other landscape elements to direct the motorist and add significance to the main entries. Creative design of such features can reflect the architectural design themes of the individual parcels as long as general compatibility is maintained with the overall Carlsbad Ranch landscape and signage concepts presented in this specific plan. De-emphasize secondary service and emergency access driveways. Carlsbad Ranch Specific Plan 90 b. Building and Landscape Setbacks Building setbacks shall conform with the requirements of the Office (O) Zone requirements (Chapter 21.27 of the Carlsbad Municipal Code) and the setback requirements of the Building Height Ordinance (Chapter 21.04 of the Carlsbad Municipal Code), which apply to the project as follows: Building Setbacks Front or Side Yard on an Arterial (LEGO Drive, Armada Drive and Cannon Road) 30 feet Interior Side Yard 10 feet Rear Yard (Golf Course) 20 feet Landscape Setbacks Front or Side Yard on an Arterial (LEGO Drive, Armada Drive and Cannon Road) 30 feet Interior Side Yard 10 feet Rear Yard (Golf Course) 10 feet These base setback requirements assume 2 to 3 story buildings up to 35 feet. For buildings which exceed 35 feet in height, all required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction above 35 feet. The additional setback area must be maintained as landscaped open space. c. Parking Areas Office buildings and parking areas in Planning Area 1 shall be sited and designed to minimize unfavorable views of the development from the west. Parking areas shall be sited between the public street section of LEGO Drive and Armada Drive and the buildings, to screen views of parking from the west. Berms and landscaping shall be utilized to screen parking areas to the maximum extent possible while still meeting other City ordinances and standards for sight distances. Carlsbad Ranch Specific Plan 97 4. LANDSCAPE AREAS The following have been identified as the key landscape areas for LEGOLAND Carlsbad. A total of twelve distinct landscape areas have been identified as shown on Figure 41 on page 138. Some of these areas fall outside of the 128-acre LEGO property. The landscape treatment of these "outside areas" (which include areas a-e) is further described in Chapter III, Section A.9. LANDSCAPE CONCEPT of the Carlsbad Ranch Specific Plan. The following provides a brief description of landscape character and planting scheme for each of the twelve areas. The proposed tree and plant palette for the entire LEGOLAND Carlsbad site is provided on page 146 and follows the concept statements provided below. a. Area A -1-5 Intersection Concept Statement The CalTrans landscaping shall be upgraded and a minimum of 4 signs identifying LEGO Family park access shall be incorporated along I-5 in locations approved by CalTrans. An informal planting scheme with the potential for color ground plane treatment shall be utilized. Primary tree species in accordance with CalTrans guidelines are to be Melaleuca, Pines, Palms, California Pepper Trees, Jacarandas, Erythrina and Chorisia Speciosa. b. Area B - Cannon Road Concept Statement An informal planting scheme per the City of Carlsbad's scenic corridor guidelines shall be used along Cannon Road. This informal scheme will create an open character with views to the lagoon and adjacent municipal golf course. Primary tree species in accordance with City guidelines are to be Melaleuca, and Pines. Mass planting of shrubs and potential for flowering ground plane treatment should also be considered. Carlsbad Ranch Specific Plan 140 ICH c. Area C - Cannon Road/LEGO Drive Intersection Concept Statement Informal massing of pines shall occur at this intersection. This will serve as a transition landscape with no color. A clean ground cover will create a base for secondary LEGO signage. Primary tree species are to be Carrotwood and Queen Palm which are consistent with the landscape improvement plans approved for CT 92-07 Units I and II. d. Area D - LEGO Drive Concept Statement LEGO Drive landscaping will be a continuation of the theme of Area C. The landscape concept addresses and includes only the portion of LEGO Drive from Cannon to the roundabout intersection. The informal massing of this landscape will serve as a transition from Cannon Road to the roundabout. No other color will be used in this area. The open character of this landscaping will allow views to the adjacent golf courseagricultural and open space areas. Views to the adjacent Gemological Institute parking areas will be screened. The primary tree species could include Pines and others. e. Area E - Roundabout/LEGOLAND Carlsbad Entry Concept Statement This area serves as the primary entry into LEGOLAND Carlsbad. Color massing shall be used in the center island of the "roundabout" with specimen trees around perimeter. The primary LEGO signage as well as signage for other uses within the specific plan shall appear in this area. Landscaping in this area will be located and sized to avoid creating obstructions to vehicular sight distance through the roundabout. Landscaping shall create filtered views of the golf oourseagricuitural and open space areas. This landscaping begins the distinct LEGO Drive landscape treatment. Primary tree species could include Melaleuca and Pines. Carlsbad Ranch Specific Plan 146 f. Area F - LEGO Drive (Private Section) Concept Statement The primary entrance sequence into LEGOLAND Carlsbad occurs in this area. The west side of LEGO Drive shall be landscaped with evergreen trees to create a visual buffer to adjacent office/R&D uses. The east side of LEGO Drive will create an introduction to LEGOLAND Carlsbad. Flower fields may be used in this area to create broad vistas with filtered views of LEGOLAND Carlsbad attractions. Primary tree species could include Melaleuca, and Pines. Figure 42 Cross Sections depicts the relationship between LEGO Drive and the landscape setback areas. g. Area G - Parking Area Concept Statement Landscaping shall be designed to provide visual mitigation of the parking area from adjacent uses. Landscaping shall include planting islands, evergreen trees, and a pedestrian system channeling visitors to the LEGOLAND Carlsbad main entrance. Primary tree species are to be Melaleuca and Pines. The City requirement of 1 tree per 4 stalls may be accommodated in larger planting areas, which will permit larger tree sizes. Figures 44 and 45 on pages 141 and 142 contain Cross Sections depicting the relationship between the parking area, the Outer Park, and Palomar Airport Road. h. Area H - Palomar Airport Road Buffer Concept Statement The landscape concept addresses only the portion of the 150' Palomar Airport Road buffer along the LEGO site. An "oak woodland theme" is proposed for this roadway. Screen trees will be located at the top of slope. There will be a mix of deciduous and evergreen trees, flowering shrubs and groundcovers. The primary tree species will be in accordance with City standards contained in the Landscape Manual and supplemented with pines, oaks, sycamores, and alders for screening purposes. Figures 43 and 44 contain cross sections depicting the relationship between Palomar Airport Road, the parking area and the Outer Park areas. Carlsbad Ranch Specific Plan 147 i. Area I - Service Areas Concept Statement Service areas shall be screened from public view as shown in Figure 45 on page 142. This area will be a continuation of the Area H plant palette utilizing evergreen trees throughout for continuity. Trees can include pines, oaks, sycamores, alders and others. j. Area J - The Resort Edge Concept Statement Transitional landscape from the resort to LEGOLAND Carlsbad will be planted in this area. Landscaping will create a park-like character, with an undefined edge through the use of informal tree and shrub massing. Screening will be provided where necessary. Trees can include Melaleuca, and Pines. Figure 44 Cross Sections depicts the relationship between the LEGO property and resort property. k. Area K - Passive Clusters Concept Statement Canopy trees combined with evergreen massing shall be used to create a park-like character. Turf shall be planted in passive use areas. Trees can include Melaleuca and Pines. I. Area L - Active Clusters Concept Statement A unique identity for each active cluster will be created with a unified planting scheme. Small-scale accent trees and shrubs combined with evergreen massing, flowering shrubs and ground covers and bedding/bulbs shall be used in these areas. Trees can include Melaleuca and Pines. m. Plant Material Size. Spacing and Quality Plant material size, spacing and quantity shall be consistent with the City of Carlsbad's Landscape Guidelines Manual. Carlsbad Ranch Specific Plan 148 F. PLANNING AREA 5 - RESORT A full-service destination resort is proposed on an approximately 52.8 acre parcel in the northeast corner of the Carlsbad Ranch. This resort will include up to 700 suites and will target the large group professional and business meeting market. These meetings typically combine business with recreation and are increasingly including family members of the business representative. The surrounding uses of Carlsbad Ranch including LEGOLAND Carlsbad, golf course andaqriculture. open space, retail facilities and nearby beaches make this a particularly desirable meeting destination. Accommodations at the resort will generally be two-room suites integrated into the topography using terraced buildings and featuring ocean views, overlooking extensively landscaped open areas and courtyards. Elevated walkways may be used to connect resort buildings linking meeting facilities, suites, and a selection of dining experiences. A sports club may combine a fitness center and dining with an emphasis on healthy, light cuisine. This facility could provide sports medicine, tennis pro shop, weight training, racquetball, steam rooms, saunas and aerobics. The meeting and conference center will offer function space with the ability to mix and match agendas to accommodate groups from 10 to 2,700 guests. Adjacent gardens and landscaped terraces will provide additional meeting and function areas. Most resort facilities including the tennis center, sports club and dining will be designed to encourage use by the general public as well as the resort guest. Figure 46 on page 150 shows some of the planning features for the resort. A pedestrian/bike/golf cart trail shall be provided from the eastern portion of the golf course along the southerly edge of Planning Area 5 to provide a link from the specific plan golf course to the future City golf course to the east of the specific plan. The trail shall be designed as shown on Figure 52 on page 169. 1. DEVELOPMENT STANDARDS The following are specific development and design guidelines applicable to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Area within this Specific Plan Amendment. a. Permitted Uses Hotels; Commercial Living Units (Timeshare) may be permitted by the City Council in conjunction with a hotel project; Carlsbad Ranch Specific Plan 152 Accessory Uses - The following uses are permitted only as accessory uses to the resort. Retail related to the resort; Restaurants, not including drive-up or drive-in services; Health and Fitness Clubs; Daycare facilities for child care; Personal Services; Barbers, Beauty Shops, etc.; Art Galleries/Museums; Administrative and Business Offices for the resort; Bars and Nightclubs as a part of the resort or restaurant; Horse Stables - provided that all stables are located at least 40' from any building used for human habitation and 25' from any property line. In addition, Carlsbad's Citywide Trail System must be revised to allow equestrian use of the portions of the trail adjacent to the resort. b. Building and Landscape Setbacks Building setbacks shall conform with the requirements of the Commercial Tourist (CT) Zone requirements (Chapter 21.29 of the Carlsbad Municipal Code) and the setback requirements of the Building Height Ordinance (Chapter 21.04 of the Carlsbad Municipal Code), which apply to the project as follows: Building and Landscape Setbacks - Front Yard on Cannon Road: 50 feet Front Yard on The Crossings Drive: 20 feet Rear or Side Yard From Golf CourseAgriculture. open space or LEGOLAND Carlsbad 50 feet Rear or Side Yard From Open Space 20 feet For building heights over 35 feet, see the building setback requirements contained in Chapter III., Section A.1. BUILDING HEIGHT on page 63. c. Parking Standards The joint use of parking facilities is allowed within the resort based on the potential for shared/off-peak uses. Specific reductions in parking requirements shall be determined based on provisions set forth in Section 21.44.050(a)(4) of the Carlsbad Municipal Code. Carlsbad Ranch Specific Plan 154 G. PLANNING AREA 6 - SPECIALTY RETAIL Located along Paseo Del Norte at the western edge of the planning area, the Specialty Retail area is planned as a more traditional automobile oriented retail center, in keeping with the surrounding uses along this road corridor. Special design guidelines are recommended to ensure that the center is a visually interesting and high quality commercial development. Figure 47 on page 154 shows some of the planning features for the specialty retail area. Figure 48 on page-158 represents a conceptual plan only intended to show how driveway locations, building locations, etc. could be arranged. The actual site plan could vary and would be approved as part of the Site Development Plan required for Planning Area 6. Any future site plan changes with regards to building and/or parking layout within the approved boundaries of Planning Area 6 will not necessitate a revision to the Carlsbad Ranch Specific Plan. 1. DEVELOPMENT STANDARDS The following are specific development and design guidelines applicable to this Planning Area. However, Section IMA GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Areas within this Specific Plan Amendment. a. Permitted Uses Within the Specialty Retail area, the following uses are permitted: Retail business uses; Garden centers and nurseries; Restaurants; Professional, business and administrative office uses; Medical offices; Personal services, such as barbers shops, beauty shops and exercise studios; Other retail services and administrative uses, except new or used car sales, determined by the Planning Director to be consistent with the general character of the above listed uses. Carlsbad Ranch Specific Plan 156 b. Building and Landscape Setbacks Building Setbacks - Front Yard on Paseo Del Norte 25 feet Street Side Yard 25 feet Interior Side Yard (Agricultural Setback) 25 feet Rear Yard (Agricultural Setback) 25 feet Landscape Setbacks - Front Yard on Paseo Del Norte 25 feet Street Side Yard 25 feet Interior Side Yard (Agricultural Setback) 15 feet Rear Yard (Agricultural Setback) 15 feet c. Access Planning Area 6 shall gain its main access from Paseo Del Norte. The location of this driveway and other driveways providing access to Planning Area 6 may be changed during the processing of the Site Development Plan to comply with all requirements of Carlsbad's Engineering Standards. A 32-foot wide service access road from Car Country Drive to the northeast corner of this site may be permitted if it can be designed in conformance with the requirements of Carlsbad's Engineering Standards. This 32 foot wide service road may extend along the entire easterly boundary of Planning Area 6. A 15 foot wide heavily landscaped strip shall be planted between this road and the agricultural areas and golf course open space areas to the east of this Planning Area. d. Building Height In order to preserve the views of the flower fields from I-5 and Paseo Del Norte, special height restrictions are necessary for Planning Area 6. In addition to the height requirements as specified in Chapter III. Section A.1. Planning Area 6 shall comply with the following requirements: i. The single story parapet height of any building shall not exceed 28 feet. ii. The two-story parapet height of any building shall not exceed 38 feet. No building shall have more than two stories of usable floor area. Carlsbad Ranch Specific Plan 158 H. PLANNING AREA 7 - FLOWER FIELDS Planning Area 7 is located on the site's western ridge; this area has traditionally been known as the "Flower Fields". Figure 49 on page 162 shows the Flower Fields planning features and Figure 50 on page 164 displays features of the wall and promenade. To minimize impacts on surrounding land uses, agricultural activities in Planning Area 7 shall comply with the Policies of Objective 4 of this specific plan, pages 32 - 35. 1. DEVELOPMENT STANDARDS The following are specific development and design guidelines applicable to this Planning Area. However, Section III A GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Areas within this Specific Plan Amendment. a. Permitted Uses i. The Flower Fields shall remain in flower production in perpetuity. The landowner will plant an open-field flowering crop every year, substantially in the area as shown in the Flower Field Figure 49(A). If the landowner desires to change or modify this obligation, landowner will provide a five- year advance notice to the City Council, accompanied by an alternative agricultural use proposal which landowner intends to initiate at the end of said five years. The City Council shall hold a hearing to review and approve the proposed alternative. Additionally, the City and landowner shall investigate and may implement any methods available to allow the continuation of flower production in accordance with the General Plan. This Condition shall be evidenced by a deed restriction and inclusion of notice in the CC&R's restricting Planning Area 7 to agricultural use. Subject to any Right of First Offer held by LEGO Park Planning, Inc., Landowner shall grant to City an exclusive Right of First Offer ("First Offer Right") to acquire the Flower Fields at a purchase price and upon such other terms and conditions, as Landowner would be willing to accept from any third party. Landowner shall not sell all or any potion of the Flower Fields (other than to a party purchasing for purposes of continuing the open field flower business with a continued obligation to provide this First Offer) without (i) first offering the property to City by written notice at a purchase price and upon such other terms and conditions that Landowner would be willing to accept from any third party, and (ii) City's failure to elect to purchase on such terms and conditions by written notice to Landowner within 90 days Carlsbad Ranch Specific Plan 162 1.01- I. PLANNING AREA 8 - GOLF COURSEAGRICULTURE AND OPEN SPACE The golf course will be a 9 hole course and will cover over 70 acres in the northern portion of the specific plan. As proposed, the golf course will provide desirable open space buffers in the Carlsbad Ranch Specific Plan between Car Country, the Gemological Institute and the resort; Planning Area 8 is part of the area formally designated as "The Cannon Road Open Space. Farming and Public Use Corridor". Allowable agricultural and open space uses in Planning Area 8 and the development standards and processing procedures applicable to those uses shall be subject to the provisions of the Cannon Road - Agricultural/Open Space (CR-A/OS) Zone which is herein incorporated by reference (CMC Chapter 21.209). The purpose of the CR-A/OS Zone is to allow and support the continuation of agricultural uses in Planning Area 8 for as long as they remain economically viable for the landowners. When the landowners determine that agriculture is no longer economically viable. Planning Area 8 may be developed consistent with the permitted uses, standards, and procedures specified in the CR- A/OS Zone. Where any inconsistencies exist between the provisions of the CR-A/OS Zone and any other provisions of this Specific Plan relating to Planning Area 8. the provisions of the CR-A/OS Zone shall prevail and take precedence. Access between the eastern and western parts of the golf courseagricultural and open space areas shall be provided on the SDG&E property on the north side of Cannon Road as shown on Figure 51 on page 168. One or two holes of the golf course may be located in this area. — Golf cart Pedestrian/bike overcrossings or under crossings of Cannon Road shall provide access to this area. If an overcrossing is determined to be the most viable alternative, then the design of the overcrossing shall be similar to the design shown on Figure 53 on page 170. An amendment to the SDG&E Specific Plan shall be required for this area to be used for a golf course. The portion of SDG&E property used for this section of the golf course will not be a part of the Carlsbad Ranch Specific Plan. The design and layout of the holes in this area as well as the rest of the golf course shall be determined ao a part of the Site Development Plan for Planning Area 8. A pedestrian/bike/golf cart trail shall be provided along the southerly edge of Planning Area 5 to provide a link from the specific plan golf course to the future City golf course to the east of the specific plan. The trail shall be designed as shown on Figure 52 on page 169. A golf cart pedestrian/bike undercrossing on The Crossings Drive shall be provided to facilitate tho joint use of the twoaccess from the City golf courses to the specific plan area. Sophisticated computerized weathor and water monitoring and delivery systems and reclaimed water will be used for irrigation. The course will be open to the public on a fee Carlsbad Ranch Specific Plan 1 68 4, DEVELOPMENT STANDARDS The following are specific development and design guidelines-applicable to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Area within this Specific Plan Amendment. a-. Permitted Uses fc Agricultural Uses Field and seed crops; Truck crops; Horticulture crops; Orchards and vineyards; Pasture and rangeland; Tree farms; Fallow lands; Produce sheds. Non Agricultural Uses Golf course, driving range, putting groen; Public parks; City picnic areas; City playgrounds; Public Trails; Public access easements and right of way; Public rest rooms; Fencing; Transportation right-of way; Vista points; Other similar accessory uses and structures, determined by the Planning Director to be required for the conduct of principal use. Accessory uses and structures permitted: Public Rest Rooms, Changing Rooms; Playground Equipment; Fencing, Patios, Stairways, Barbeque and Fire Pits; Parking, Staging, Processing and Storage Area for agricultural crops; Shade Houses; Carlsbad Ranch Specific Plan 169 - Other similar accessory uses and structures, determined by the Planning Director to be required for the conduct of the principle uses. Parking Standards Parking spaces for all permitted and ancillary uses shall be provided consistent with Section 21 A4 of the Carlsbad Municipal Code. Joint use of parking facilities is allowed based on the potential for shared/off peak uses. Specific reductions in parking requirements shall be determined based on provisions set forth in Section 21.'M.060(a)('1) of the Carlsbad Municipal Code. Building Height Building Height for all structures within Planning Area 8 shall not exceed twenty five feet in height, unless a higher elevation is approved by a conditional use permit issued by the Planning Commission. Carlsbad Ranch Specific Plan 170 C. LIBRARY FACILITIES Zone 13, including the Carlsbad Ranch Specific Plan Area, will be developed with entirely non-residential uses. Therefore, no impacts will be generated by development in Zone 13 to the City's adopted performance standard, which requires that 800 square feet of Library Facilities per 1,000 population must be scheduled for construction within a five- year period. As mentioned under the City Administrative Facilities section, the City's Growth Management Ordinance does not count dormitory rooms as dwelling units nor are they considered to be permanent residences. For this reason the vocational campus will not be subject to the Library Facility Performance Standard. The landowner is compensating for any impacts generated by the dormitory uses through the payment of public facility fees and participation in the Citywide Mello Roos Community Facilities District, which contribute toward the construction of Library Facilities. As concluded in the Zone 13 LFMP, no mitigation is required for Zone 13 to meet the adopted performance standard. D. PARK FACILITIES Since the Carlsbad Ranch Specific Plan and the entire Zone 13 LFMP will be developed for non-residential uses, the established performance standard of 3 acres of Community Park or Special Use Area per 1,000 population within the Park District does not apply to Zone 13 or the Carlsbad Ranch Specific Plan. However, the City has concluded that non-residents who work in the City also have an impact on the City's recreational facilities. This specific plan proposes the development of a golf course open to the public and accessory uses as well as various trails and pedestrian walkways. These facilities will contribute to the recreational needs of the employees working within the specific plan area. Recreation facilities will be implemented by the specific plan. A brief description of the recreation uses and facilities are as follows: 4, GOLF COURSE A 9 hole golf course will be developed in Planning Area 8. Although privately owned, this golf course will be open to the public. Carlsbad Ranch Specific Plan 177 2.1. TRAIL SYSTEM/PEDESTRIAN WALKWAY The proposed trail and pedestrian system have been incorporated into the design of the Plan to encourage pedestrian movement within the specific plan. These trails allow occupants to move freely within the Carlsbad Ranch and to access both the open space and recreational amenities provided. They are also designed to tie in to the future citywide trail system. Signage for the specific plan's proposed trail system will be consistent and meet the signage requirements for the Future Citywide Trail System. Figure 15 on page 47 identifies the location of trails, which will be provided. An extensive pedestrian walkway will be located along the developable ridge's western wall. The pedestrian walkway will be separated from Armada Drive by a planting area. The wall will serve a dual purpose by functioning as a barrier between the agricultural and developed portion of the specific plan as well as providing a walkway with scenic views of the flower fields and the ocean. 3r2. PARK MITIGATION RECOMMENDATIONS The Zone 13 LFMP recommendation for park mitigation is to establish a park fee of $0.40 per square foot on the zone's non-residential development. This fee would be collected at the time of building permit issuance and would be used to construct recreational facilities to offset the demand created by employees within Zone 13. E. OPEN SPACE The Growth Management performance standard requires that 15% of the total land area in the zone exclusive of environmentally constrained non-developable land be set aside for permanent open space and must be available concurrent with development. There are 531.33 net acres per the LFMP constraints analysis in Zone 13; therefore, at build out, Zone 13 will require 79.70 acres of performance standard open space. This demand is satisfied by the provision of 119.03 acres (Zone 13 LFMP: OS-1, OS-3 and OS- 5) of performance standard open space. The performance standard open space does not include the areas to be utilized for the golf course agriculture and open space (Zone 13 LFMP: OS-2and OS-4). In addition, approximately 19 acres of OS 1 are proposed as a part of the 9 hole golf course at Point Resort and this acreage is not included in the performance standard open space supply. Carlsbad Ranch Specific Plan 178 207 • A minimum 12-inch pipeline east of Car Country Drive to the easterly boundary of Zone 13 in Cannon Road. • A pressure reducing station east of Car Country Drive. The location and sizes of the above facilities have been approximated. Figure 57-©R page 183 provides a conceptual recommendation of where these facilities shall be located. The exact sizes and locations will be determined as areas within the specific plan develop. The water distribution system interior to the project site will be designed at the time of the development of final engineering plans. This specific plan lies entirely within the boundaries of Zone 13 which currently conforms with the adopted performance standards. Since the water district requires development to install domestic water and fire flow needs as conditions of approval to future development, conformance with the adopted standards will be maintained to ultimate development of the project. Carlsbad Ranch Specific Plan 184 The Encina Water Pollution Control Facility currently does not have the capability to generate reclaimed water and no transmission or distribution lines have been constructed from the facility. Studies are now being performed regarding the construction of such facilities. The generating capacity requirements or the location of such a facility have not yet been determined. As mentioned earlier, new development must agree to use reclaimed water when feasible and available. The existing pipeline in Palomar Airport Road makes access to reclaimed water feasible and readily available as long as surplus reclaimed water capacity exists. Although rReclaimed water will be used in the landscape irrigation of the commercial and office complexes, its greatest use will be for the proposed golf course and for the agricultural and open space usesfields. Therefore, a dual irrigation system shall be installed for this project. D. STORM DRAINAGE In the past, the major concern when designing storm drainage systems was flooding. Today, with the growth of urban areas and concerns over the protection of wetlands and habitat areas, the need for the removal of urban pollutants from urban drainage has increased. Storm drainage facilities required to prevent flooding will be constructed concurrent with development. Currently, there are no major facilities within the project area. All major facilities outside the project boundaries have been constructed except one which will be constructed when development occurs in that area. This facility is a 51" storm drain and the double 60" storm drain and channel grading collectively referred to as line BAA. The primary components of the storm drainage system are the subsurface pipes, overland drainage swales and detention basins. As for storm water management, the basins serve three purposes: flood prevention, detention, and desiltation and removal of urban pollutants. Detention requirements have been imposed to regulate the volumes of water being discharged into the downstream wetland areas of the watershed. The desiltation and removal of urban pollutants will also be factors of the storm drainage systems. Water quality control guidelines have recently been adopted by the State Water Quality Control Board and Environmental Protection Agency. These guidelines will be implemented in the proposed system. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide Besf Management Practices to control discharges of pollutants to the maximum extent practicable to waters of the United States. Plans for such improvements shall be approved by the City Engineer prior to, or concurrent with, approval of the final map, issuance of grading or building permit, whichever occurs first, in the affected area. Construction of the above facilities will occur concurrent with development. Carlsbad Ranch Specific Plan 188 E. SEWER AND WASTEWATER FACILITIES The site is divided into two sewer basins. The existing and proposed facilities are illustrated on Figure 58 on page 187. To the north is a 10" sewer line within existing Cannon Road. This line is adequate in size and remaining capacity to serve the northerly sewer basin of the specific plan. This line travels westerly and is eventually intercepted by the Vista-Carlsbad Interceptor which transports wastewater to the treatment plant. The line in existing Cannon Road shall be extended easterly to Armada Drive within Cannon Road. There are plans for the future development of the South Agua Hedionda Interceptor which will serve development to the east. This line will replace the existing and proposed sewer main in Cannon Road, however, it is not required for development within the specific plan. The Carlsbad Municipal Water District is presently preparing a preliminary design on the interceptor and may schedule construction within Cannon Road. In addition, the South Agua Hedionda sewer force main is located across the SDG&E property and serves development outside Zone 13. The portion of the South Agua Hedionda sewer line adjacent to Zone 13 is known as SAHI3 and 4. These lines flow to the west into the Vista Carlsbad Interceptor sections VC 13,14 and 15, beginning at Cannon Road and terminating at the Encina Water Pollution Control Facility. To the south, the Buena/Vallecitos Interceptor runs in a westerly direction on the south side of Palomar Airport Road. This existing line is in use and is sufficient in size and available capacity to serve the southerly and central development phases of the specific plan. The project will be required to extend the 8" sewer from Armada Drive across Palomar Airport Road to the existing sewer at Price Club. The Buena/Vallecitos line also transports wastewater through to the treatment plant without being intersected by other lines. The line has sufficient capacity to sewer the entire sewer basin at ultimate build out. Therefore, no additional improvements are needed for this line. No major facilities are required off-site within either sewer drainage basin for development within this project. An internal sewer system will be required to be designed consisting of 8" sewer mains as shown on Figure 58 on page 187. These lines will connect to the existing sewer main and interceptor located adjacent to the project boundaries. As a condition of approval for future development the design of this system will be required to be in conformance with the adopted standards and to be maintained through ultimate development of the project. No lift stations are anticipated to be constructed to serve the Carlsbad Ranch's internal sewer system. Wherever practical, the sewer system shall be constructed within the public right-of-way. Carlsbad Ranch Specific Plan 189 5. Planning Area 5 Any development of the property including hotels and/or commercial living units (timeshares) shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. In addition, a hotel or commercial living unit (timeshare) shall be subject to the requirements of Section 21.42.010(10) of the Carlsbad Municipal Code. In addition to the above requirements, the City Council shall make the final decision to approve or disapprove the Site Development Plan. Any other uses proposed for this site that are not specifically addressed herein shall be subject to all applicable processing requirements of the underlying zone and Title 21 (Zoning) of the Carlsbad Municipal Code. 6. Planning Area 6 Any development of the property shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. Any other uses proposed for this site that are not specifically addressed herein shall be subject to all applicable processing requirements of the underlying zone and Title 21 (Zoning) of the Carlsbad Municipal Code. In addition to the above requirements, the City Council shall make the final decision to approve or disapprove the Site Development Plan for Planning Area 6. 7. Planning Area 8 A Site Development Plan in lieu of is required for development and a Conditional Use Permit may bo allowed for the development of a golf course is required for certain uses in this Planning Area, consistent with the Cannon Road-Aqricultural/Qpen Space (CR-A/OS) Zone (CMC Chapter 21.209). C. CAPITAL IMPROVEMENT PROGRAM The matrix presented in Figure 59 on page 205, identifies the estimated costs of the public works projects contained as special conditions in the Zone 13 Local Facilities Management Plan and described in the Public Facility and Infrastructure chapter of this plan, the measures by which each public works project will be financed, and the persons or agencies responsible for financing and carrying out each proposed improvement. Carlsbad Ranch Specific Plan 208 These improvements are categorized into projected improvements needed for specific years. These years represent milestones as opposed to actual completion dates. The milestones are based on projected growth assumptions and therefore are intended to be used for planning purposes only. D. PHASING PROGRAM Although this specific plan is regulatory in nature, it does not regulate the rate of development within Carlsbad Ranch. Other than general market conditions and contractual limitations set forth in the Land Conservation Contract, development within Carlsbad Ranch will be controlled by the availability of adequate public facilities. Figures 60, 61, 62 and 63 on pages 211 through 214 depict the potential sub- phases of development on the Carlsbad Ranch that might occur if the property owners choose not to grade the site and provide the infrastructure in a single phase. The phasing diagrams do not suggest the sequence or suggested timing of new development, but rather identify the grading and circulation improvements that would occur with the development of portions of the project. See the text beginning on page 22148 for a detailed description of the phasing of grading and development. A phasing program was developed for public facility planning purposes. The phasing program, which is consistent with the Zone 13 LFMP analysis, is presented in Figure 64 on page 215. Other than the scheduling of needed public facilities, the specific plan is not influenced by this phasing program. Development within Carlsbad Ranch may differ from the schedule presented in Figure 64 given the availability of adequate public facilities and services. Carlsbad Ranch Specific Plan 209 EXHIBIT A Agua Hedionda Lagoon SITEMAP NOT TO SCALE 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 1 PLANNING COMMISSION RESOLUTION NO. 6739 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP 4 144(K) ON PROPERTY GENERALLY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, EAST OF THE 1-5 FREEWAY 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 144QQ 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 144 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 AGRICULTURAL AND OPEN SPACE LANDS as provided by SP 144(K) and Government 17 Code Section 65453; and 18 WHEREAS, the City Council adopted the Encina Specific Plan 144 on in August 3, 1971 by Ordinance 9279 to provide rules and regulations for the orderly 20 development of 680 acres of land located generally east of the Pacific Ocean, south of the 21 north shore of Agua Hedionda Lagoon, and north of Cannon Road; and 22 WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that 24 any applicant of a proposed project within the specific plan be required to prepare a 25 comprehensive update of the specific plan; and 26 WHEREAS, SP 144(K) makes only minor text and graphic changes to the 27 Encina Specific Plan document, which are shown in strikethrough to indicate words to be 28 deleted and in underline to indicate words to be added, in order to fully implement Proposition D and provide internal consistency between the various zoning and related land use document amendments affected by the implementation of the Cannon Road 2 Agricultural and Open Space (CR-A/OS) Zone. 3 WHEREAS, SP144(K) does not change any General Plan Land Use 4 - designations within the boundaries of the Specific Plan, any condition set forth by a 5 previously approved Specific Plan amendment, nor does it propose any development; and 7 WHEREAS, SP 144 (K) is an action that is necessary to comply with City o Council Resolution of Intention No 2008-269 to complete the process and achieve full 9 implementation of Proposition D on the Cannon Road Agriculture and Open Space Lands; 10 and 11 WHEREAS, the proposed PROP D - CANNON ROAD AGRICULTURAL 13 AND OPEN SPACE LANDS - SP 144(K) is set forth and attached in the draft City Council 14 Ordinance, Exhibit "X - SP 144(K)" dated, December 1, 2010, and attached hereto as PROP D 15 - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - SP 144(K); and WHEREAS, the Planning Commission did, on December 1, 2010, hold a duly 17 noticed public hearing as prescribed by law to consider said request; and 18 WHEREAS, at said public hearing, upon hearing and considering all testimony 2Q and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 21 relating to the Specific Plan amendment. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 Commission of the City of Carlsbad as follows: 24 A) That the foregoing recitations are true and correct. 25 B) That based on the evidence presented at the public hearing, the Commission 26 RECOMMENDS APPROVAL of PROP D - CANNON ROAD 2? AGRICULTURAL AND OPEN SPACE LANDS - SP 144(K) based on the following findings: 28 PC RESONO. 6739 -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 Findings; The proposed development as described by the Specific Plan (SP 144(K)) is consistent 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. 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: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery, Nygaard and Schumacher AYES: NOES: ABSENT: ABSTAIN: Chairperson Douglas STEPHEN "HAP" L'HEUREUX, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6739 -3- Exhibit "X-SP 144(K)" December 1, 2010 1 ORDINANCE NO. 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 11 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 considered Specific Plan Amendment SP 144(K) for the Encina Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City 17 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. 25 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 9 Council on the day of 2011, and thereafter. 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 0, &.2- *•' c 3 4 5 6 PASSED 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: 7 „ APPROVED AS TO FORM AND LEGALITY 8 9(| RONALD R. BALL, City Attorney 10 CLAUDE A. LEWIS, Mayor 12 ATTEST: 13 14 LORRAINE M. WOOD, City Clerk ,, (SEAL)lo 17 18 19 20 21 22 23 24 25 26 27 28 -3- 2-13 Specific Plan Amendment SP 144 (K) December 1. 2010 City of Carlsbad Specific Plan 144 Amended and Restated with Amendment 144J£K}, per City of Carlsbad Ordinance No. , adopted on , 2011 City of Carlsbad Specific Plan 144 (as amended and restated by Ordinance No. with 144(IG)) I. INTRODUCTION A. PURPOSE The purpose of this Specific Plan is to set forth the existing land uses and land use regulations applicable to the area of Carlsbad which includes the Agua Hedionda Lagoon and certain areas near the lagoon, including the Encina Power Station. Pursuant to Carlsbad City Council Ordinance _ Resolution xxxx xxx, Ordinance No. CS'057the purpose of this amendment to Specific Plan 144, described as Specific Plan 144(K)^. is to: i. _ ^incorporate the provisions of Carlsbad Municipal Code (CMC1 Chapter 21.209 - Cannon Road Agricultural and Open Space (CR-A/OS) Zone into Specific Plan 144. 2. Revise Exhibit C to identify lands within SP 144 which are subject to "Proposition D - Preserve the Flower and Strawberry Fields and Save Taxpayer's Money" and the Cannon Road Agricultural /Open Space (CR-A/OS) Zone.Encina Power Station Precise Development Permit 00 02(B) (PDP 00 02(B)) into Specific Plan 144 while 3. Mmaintaintfra the conditions and regulations of previous Specific Plan Amendments A through HG. B. HISTORY Specific Plan 144 (SP 144) was originally adopted in City of Carlsbad Ordinance 9279 on August 3, 1971. The purpose of the Specific Plan was to provide rules and regulations for the orderly development of 680 acres of land located East of the Pacific Ocean and South of the North Shore of the Agua Hedionda Lagoon, and North of what is now Cannon Road, and provide design and development guidelines for the expansion of the power plant, then owned by San Diego Gas & Electric Company. The property covered by the original Specific Plan 144 was described in Ordinance 9279 as: A portion of Lot F of Rancho Agua Hedionda in the County of San Diego and a Portion of Lot H, Rancho Agua Hedionda Map 823, in the City of Carlsbad, and a portion of Block "W" of Palisades No. 2, Map 1803 in the City of Carlsbad, County of San Diego, State of California; also being parcel 6, page 07, Book 206; Parcels 24,25,26, and 27, Page 01, Book 210; Parcel 21, Page 21, Book 211, and Parcel 14, page 01, Book 212, of the Assessor's map of San Diego County, and more particularly described in application on file in the Office of the City Planner. As originally adopted, the Specific Plan placed 13 conditions of development on the subject property and provided for methods of enforcement. On December 4, 1973 the Carlsbad City Council passed Amendment A to Specific Plan 144 in Ordinance 9372 to allow for the construction of a 400- foot stack and removal of the four existing stacks at the Encina Power Station. This amendment became null and void one year later. On May 4, 1976 Specific Plan 144 was amended again (Amendment B) by the City Council's passage of Ordinance 9456 to permit the construction of a single 400-foot stack at the Encina Power Station to replace the four existing stacks. Amendment B provided a finding that "all conditions of City Council Ordinance 9279 have been complied with and this amendment is consistent with said ordinance and the provisions of the P-U zone." Amendment B to Specific Plan 144 added condition 14 which created design, development, and other requirements for the construction of the 400-foot stack, the removal of the existing stacks, and operation of the power station. Amendment B also provided an exemption to the 400-foot stack and duct work and screening to the 35-foot height limit established by Condition Number 5 of Ordinance 9279. Amendment C of Specific Plan 144 was adopted on May 3, 1977 by City Council Ordinance 9481 to allow for the construction of water treatment facilities and a maintenance building at the Encina Power Station. Amendment C added condition 15 regarding the development of the water treatment facilities and the maintenance building and amended the map of the specific plan area. Between 1978 and 1993 three additional amendments to Specific Plan 144 were applied for and withdrawn by SDG&E for changes to the Encina Power Station. Amendment D was proposed to allow connection of unit 5 to the stack, but it was determined that the connection was already allowed and so the amendment was not necessary. Amendment E proposed various improvements to the facility, and Amendment F proposed the addition of a green waste facility. Amendments D, E, and F were all withdrawn and were not incorporated into the Specific Plan 144. On January 16, 1996 the Carlsbad City Council adopted Ordinance NS- 345 amending Specific Plan 144 (Amendment G) to remove 24.2 acres of land from the Specific Plan area. The map of the Specific Plan area was revised to reflect the removal of the acreage. In 1999, SDG&E sold a significant portion of its holdings within Specific Plan 144 to Cabrillo Power I LLC. Property sold included the Encina Power Station and outer, middle, and inner basins of the Agua Hedionda Lagoon. SDG&E retained ownership of much of the property within the Specific Plan, including land east of Interstate 5 and along the lagoon's south and east shore, the SDG&E construction and operations center located south of the power station, and property along the lagoon's north shore west of Interstate 5. In 2006, Specific Plan 144(H) accommodated the Carlsbad Seawater Desalination Plant in the Specific Plan and on the Encina Power Station site. Specific Plan 144 (I) was submitted by Carlsbad Energy Center LLC as part of their proposal for power regeneration onsite. This application is pending and may be superseded by the California Energy Commission and related procedures. On September 22. 2009 the Carlsbad City Council adopted Ordinance No. CS-057 approving Encina Specific Plan SP 144f J) to incorporate Precise Development Plan PDP 00-02(B^. for the Encina Power Station and Carlsbad Seawater Desalination Plant. C. PHYSICAL SETTING The Specific Plan 144 (SP 144^ area is generally bound by public beach areas and the Pacific Ocean to the West, the North Shore of the Agua Hedionda Lagoon on the North, and Cannon Road on the South. The east end of the Specific Plan is bisected by Cannon Road and contains wetland and upland areas east and south of the lagoon. A map showing the boundaries of the Specific Plan 4r449 area is shown as Exhibit A attached to this document. The SP 144 Specific Plon 144 J area incorporates the Agua Hedionda Lagoon on the West and East sides of the 1-5 Freeway and includes agricultural/open space land in the southeast, and the Encina Power Station in the West. The 1-5 freeway bisects the Specific Plan area and the AT&SP/North County Transit District Rail Corridor parallels the 1-5 Freeway in the Western part of the Specific Plan area and bisects the Encina Power Station. Additionally, Carlsbad Boulevard is located along and just inside the west Specific Plan boundary and separates the Encina Power Station from the Pacific Ocean. A small portion of the Specific Plan is located west of the freeway and along the lagoon's north shore. The Specific Plan Boundary is shown in Exhibit A. The distribution, location and extent of the uses of the land, including open space within the area covered by this Specific Plan, are shown in Exhibit B. II. INFRASTRUCTURE The Specific Plan area is generally characterized by the Agua Hedionda Lagoon, Encina Power Station and agricultural land. The following description provides the existing distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage and solid waste disposal, energy, and other essential facilities located within the area covered by the plan, and which support the existing land uses described in the plan. PDP 00-02 (B), referenced in this Specific Plan, provides information on the Carlsbad Seawater Desalination Project and associated infrastructure, which were arc proposed to be approved concurrently with amendment 144(J) to this Specific Plan. PDP 00-02(B) also provides details regarding the existing Encina Power Station. The desalination project is located on the grounds of the Encina Power Station. Related infrastructure includes conveyance pipelines to carry desalinated water offsite of the power station (and thus outside the boundaries of the PDP and Specific Plan) and into surrounding communities. A portion of the different alignments for the pipelines would cross land within Specific Plan 144 south and east of the power station and east of Interstate 5. Since these offsite pipelines are not located within the PDP, they are subject to different permit requirements. Other than the infrastructure contemplated in PDP 00-02(B) and other permits related to the Carlsbad Seawater Desalination Project and not yet constructed, and any infrastructure referenced in the previously approved Local Facilities Management Plan described below, there are no other planned or approved, but as yet unbuilt, changes or additions to infrastructure facilities in the Specific Plan area. Because additional growth and development within the Specific Plan area is not proposed, there are no further infrastructure plans proposed to support any development of any existing undeveloped or open space areas within the Specific Plan. Major infrastructure elements in the Specific Plan area include electrical transmission lines emanating from the Encina Power Station and 22' which extend across the Specific Plan area to the East, the 1-5 freeway, the AT&SP/North County Transit District Rail tracks, Cannon Road and Carlsbad Boulevard. The power plant is served by general water and wastewater facilities that service the greater Carlsbad area. There are sewer and water lines and a gas main located within the Cannon Road right-of-way. A gas main and sewer force main also extend along the AT&SP/North County Transit District Rail tracks. Other public rights of way in the Specific Plan, such as Cannon Road and Carlsbad Boulevard, support additional infrastructure. As part of its Growth Management Program, the City of Carlsbad adopted the 1986 Citywide Facilities and Improvement Plan in order to implement the City's General Plan and Zoning Ordinance. This plan ensures that development does not occur unless adequate public facilities and services exist or will be provided concurrent with new development. A Local Facility Management Plan (LFMP) has been adopted for all but one of the 25 Facility Zones within the City. The SP 144 Specific Plan 144J area is located within Zone 1, Zone 3 and Zone 13, for which the City has adopted LFMPs. Consistent with the Citywide Plan, each plan contains performance standards (i.e., thresholds) for public facilities and services. This provides the City with quantitative guidance as to whether or not a project will be in conformance with adequate public facility and service provision thresholds. Therefore, projects within the City of Carlsbad are subject to thresholds for circulation, city administrative facilities, fire, schools, libraries, park and recreation resources, open space, wastewater treatment capacity, sewer collection system, drainage/storm water system and water distribution. This Specific Plan incorporates by reference the LFMPs for those parts of the Specific Plan area that fall within Zone 1, Zone 3 and Zone 13. There are no present proposals for additional development in the Specific Plan area 144J and therefore there will be no additional need for infrastructure facilities at this time beyond those required for the development in the PDP 00-02(B) area. PDP 00-02(B) is consistent with the LFMP for Zone 1 and Zone 3, and infrastructure within the PDP 00-02(B) area will be subject to requirements of PDP 00-02(B). III. DEVELOPMENT STANDARDS Generally, the development standards in this Specific Plan are the same as the standards contained in the City of Carlsbad General Plan. This Specific Plan provides for the same Utility, Travel/Recreation Commercial, Residential High Density, and Open Space designations as are indicated in the Carlsbad General Plan as shown in Exhibit B attached to this document. Further, development standards for the Encina Power Station are contained in PDP 00-02(B). At this time, there is no additional development proposed for the lagoon or agricultural/open space areas of Specific Plan 144J. Ne regulations for development of these areas ore included in this Specific fHaftRequlations for the development of the agricultural and open space areas are included in this Specific Plan and in CMC Chapter 21.209 - Cannon Road Agricultural/Open Space (CR-A/OS) Zone, incorporated herein bv reference. Standards and conditions for the Encina Power Station required as part of the original Specific Plan and Amendments A-G are indicated below. Items 1-13 were found to be complied with in the findings of City of Carlsbad Ordinance 9456. Any development proposed outside the PDP 00- 02(B) portion of this Specific Plan 144£ty will require an amendment to this Specific Plan. Any additional development within the PDP 00-02(B) area will not require an amendment to this Specific Plan unless it is considered a "formal amendment" as described in PDP 00-02(B). Specific Plan Amendments 144(A-hL_JG) established the following standards and requirements, (some of which have been satisfied as of the date of Specific Plan 144QG)): 1. That the granting of the requested zoning shall be subject to the remainder of the San Diego Gas and Electric property (portion Lot"F") being annexed to the City of Carlsbad. Also that the area designated on the Specific Plan as "Site of Future Power Plant," east of the freeway, be subject to Specific Plan approval at a later date. 2. All developments within the public utility zone shall be within the conditions specified therein and following. 3. Details concerning the leasing of park lands shall be agreed upon between San Diego Gas and Electric Company and the City within one year after the City has approved final rezoning. Location of baseball little league park and other athletic facilities shall be subject to specific plan approval at the earliest practicable date, it being understood that the present proposed location thereof is disapproved. 4. All buildings shall be subject to architectural review as prescribed in Ordinance No. 9268 prior to issuance of a building permit to assure a maximum amount of design compatibility with the neighborhood and existing facilities. 5. The heights of future power generating buildings and transmission line tower structures shall be of heights and of a configuration similar to existing facilities. All storage tanks shall be screened from view. No other structure or building shall exceed thirty five (35') feet in height unless a specific plan is approved at a public hearing. 6. All fuel storage tanks shall be recessed and used for those oils which, upon being consumed, shall not have a sulfur content exceeding .50 percent; being that percentage commonly associated with the term "low sulfur fuel oil." 7. Landscape and irrigation plans prepared by a registered landscape architect shall be submitted in conformance with Ordinance No. 9268 for the screening of existing facilities. Plans shall be submitted within two years and must provide a schedule for installation. 8. That the proposed site for a future power generating facility on the East side of Interstate 5 shall be planned so as to be compatible with the present facility. The facilities shall meet the requirements of the State and Federal regulations and shall be environmentally compatible with the City of Carlsbad. 9. All signs shall be in conformance with City ordinances within 90 days. 10. Exterior lighting shall be oriented so that adjacent properties shall be screened from glare or a direct light source. 11. Prior to any construction, detailed plans shall be submitted to the City of Carlsbad Fire Department to assure: a) Necessary fire protection requirements. b) Suitable access roads for fire fighting purposes. c) Necessary yard mains and fire hydrants. d) Other fire protection devices or appliances deemed necessary. 12. That the applicant dedicate right-of-way for that portion of the width of Cannon Road (102' R/W) which falls within the applicant's property East of 1-5. The alignment shall be subject to the approval of the City Engineer and Planning Director. 13. That the following conditions of public improvements for Cannon Road and Carlsbad Boulevard be complied with: A. Carlsbad Boulevard. 1) Construct street improvements including curb, gutter, sidewalks, street lights and up to 20 feet of paving along each side where SDG&E property has frontage, excepting public beaches and property dedicated for public parks. Construction may be deferred until mutually agreeable to the City and the Company except that the safety of the driving and walking public will be considered. The improvements may be financed by assessment district. B. Cannon Road. 1) Construct full street improvements for Vz street from Carlsbad Boulevard to a point approximately 600 feet easterly of 1-5 along frontage owned by SDG&E, timing to be subject to approval of City, but in any event not before development of property adjoining the south side of Cannon Road or the institution of an assessment district. 2) Dedicate full right of way (102 feet) for that portion of Cannon Road easterly of 1-5 which falls within SDG&E property. 3) Construction of improvements easterly of B-l may be deferred until property easterly of 1-5 is developed. Agreement on grade development and spreading of construction cost shall be mutually agreeable to the City and the Company. The City policy for improvement of such streets shall be considered. C. Access roads shall be subject to City approval. 14. In addition to the above conditions, the revised portions of the specific plan which permit the construction of the 400-foot stack and the removal of the four existing stacks shall be accomplished in accord with the revised specific plan SP-144B and shall be subject to the following conditions: (A) All applicable requirements of any law, ordinance or regulations of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. (B) All ground lighting shall be arranged to reflect away from adjoining properties and streets. (C) Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be submitted, in triplicate, to the Planning Director for approval. (D) Air pollution equipment capable of monitoring ambient particulates, NOx and S02 concentrations and other emissions from the Encina Plant as well as air quality in the Carlsbad area shall be placed in service not later than six months following the effective date of this ordinance. The number of stations, type of equipment and location of stations shall be to the satisfaction of the APCD Control Officer and the City of Carlsbad. Should the Air Pollution Control Officer of the San Diego County Air Pollution Control District require additional air quality or emissions monitoring equipment and funds for air quality analysis in connection with their current study of emissions from the Encina Power Plant, the applicant shall supply said equipment and funds as deemed necessary by the Air Pollution Control Officer. The cost of said equipment shall 10 not exceed $150,000. The requested funds for air quality analysis shall not exceed $50,000 per year. (E) Any future measure required by the San Diego County Air Pollution Control District to lessen or otherwise control emissions from the Encina Power Plant are hereby incorporated as a part of this Specific Plan Amendment and SDG&E shall comply fully therewith. The costs of such measures shall be borne by SDG&E. (F) SDG&E will obtain a report of compliance from the City staff regarding the conditions of this ordinance and from the San Diego County Air Pollution Control Officer regarding compliance with the applicable conditions of the ordinance and with air quality standards, and forward it to the City Council five years from the date of this ordinance or as otherwise required by motion of the City Council, or the Planning Commission. The Planning Commission and City Council shall review the report with regard to conformance to the conditions of this ordinance and to regulations required by other applicable regulatory agencies, including, but not limited to, the San Diego County Air Pollution Control District, Public Utilities Commission and State Coastal Commission. The City reserves the right to amend this specific plan SP-144B as necessary to add conditions to ensure such compliance. After the initial report is filed the City Council may, by motion, require additional reports as they deem necessary. (G) In the event that the City of Carlsbad determines that the 400-foot stack is no longer necessary as a method of air emission dispersion, the 400-foot stack shall be removed at the applicant's expenses. The applicant may request an amendment to this specific plan to provide a reasonable extension of the period for such removal. (H) The applicant shall make a formal commitment to conduct the studies necessary to determine what operating practices and/or emissions control devices are capable of eliminating the particulate "fallout" problem. A schedule for the completion of the studies shall be established which is satisfactory to the San Diego County Air Pollution Control District Officer, the Air Pollution Control District 11 Hearing Board or Court of Law. SDG&E shall fully comply with the abatement order entered in petition No. 607. The applicant shall further agree to pay claims for property damage resulting from the "fallout" problem until compliance with the abatement order is achieved. The particulate "fallout" problem shall be controlled to the satisfaction of the City Council of the City of Carlsbad and of the Air Pollution Control Officer prior to the final building permit clearance for Encina 5 and the single stack. (I) Not later than eight months after the Building Inspector signs the final inspection for the 400-foot stack, the four stacks on the existing Encina Power Plant shall be completely removed. (J) SDG&E shall file an annual report with the City Council regarding improvements in plant and operating procedures during the preceding year which reduce the emission of air pollutants resulting from the operation of Encina Units 1, 2, 3 and 4. (K) SDG&E shall operate the plant in full compliance with all air quality standards as are or may be established by the APCD. If the monitoring stations indicate the standards are being exceeded at any time, SDG&E shall comply with all directions of APCD to reduce, through any reasonable means, pollutants from the plant. (L) In the event SDG&E files for a variance or other form of administrative or legal relief from the requirements of APCD, they shall concurrently forward a copy of any such filing, or any subsequent communications in connection therewith, to the City of Carlsbad. 15. In addition to the above conditions, the revised portions of the specific plan which permits the construction of water treatment facilities and a maintenance building shall be accomplished in accord with the revised specific plan SP-144(C) and the plot plan marked Exhibit A, dated January 31, 1977, attached hereto and made a part hereof, and shall be subject to the following conditions: 12 A. The water treatment ponds shall be constructed and maintained to the following standards to minimize the likelihood of the ponds serving as mosquito breeding sources: 1. Confine standing water impoundment to as small an area as possible. 2. All pond areas shall be lined with a nonporous material acceptable to the City Engineer. 3. Maintain a removal program of dense aquatic vegetation, such as cattails, bulrush, tule, pondweed, etc. 4. Maintain a mosquito fish (Gambusia affinis) population, as necessary. 5. Maintain routine (weekly) inspections of water impoundments to detect mosquito breeding. 6. Abate any mosquito breeding, as it is detected. B. Prior to the issuance of building permits for the maintenance building, the applicant shall submit a plot plan to the Planning Director for review and approval showing which existing shops and storage activities are to be removed and consolidated into the new structure. Standards and criteria by which development will proceed at the Encina Power Station are set forth in PDP 00-02 (B) (adopted concurrently with Specific Plan amendment 144(J)) and are hereby incorporated into this document by reference. The P-U zoning district, Zoning Ordinance Chapter 21.36, is the primary source of the standards and conditions established within PDP 00-02 (B). Other standards and conditions in PDP 00-02 (B) originate from related regulations and documents discussed in Chapter III of PDP 00-02 (B). As described in PDP 00-02 (B), any formal amendments to PDP 00- 02 (B) will be incorporated into the Specific Plan 144 and will require an amendment to this Specific Plan. 13 Other land use regulations applicable to Specific Plan 144 include the following: • The Agua Hedionda Land Use Plan. Specific Plan 144 is entirely within the boundaries of the Agua Hedionda Land Use Plan, which is part of the City's Local Coastal Program, • The South Carlsbad Coastal Redevelopment Plan (SCCRP). The SCCRP encompasses within its boundaries the western half of Specific Plan 144, including a portion of the agricultural land east of 1-5 and the majority of the area west of 1-5 (including the Encina Power Station). • The Cannon Road Agricultural/Open Space Zone (CMC Chanter 21.209). A portion of the SP 144 area east of 1-5 is included in the Cannon Road Agricultural/Open Space (CR-A/OS) Zone and all development and uses in this portion of the Specific Plan shall be subject to the provisions of that zone. Furthermore, Specific Plan requirements shall not be required of, or applied to, uses regulated by the California Public Utilities Commission (CPUC). IV. IMPLEMENTATION Specific Plan Amendment 144(3) authorizes no new development in the Specific Plan area over and above that allowed by Precise Development Plan 00-02(B). The City of Carlsbad has instituted zoning regulations for the area covered by Specific Plan 144£J}. In the future, any amendment to the Carlsbad Zoning Ordinance affecting an area covered by this Specific Plan will require zoning to be consistent with this Specific Plan per Government Code section 65455. V. RELATIONSHIP TO THE GENERAL PLAN The Specific Plan 144J SP 144 incorporates the Carlsbad General Plan land use designations for the area covered by the Specific Plan 144J. The Specific Plan is therefore consistent with the General Plan as shown in Exhibit B attached to this document. It should be noted that zoning of certain areas covered by SP 144Spccific Plan 1113 is not consistent with General Plan land use designations shown in Exhibit C attached to this document. 14 253 The General Plan for the City of Carlsbad designates the land contained in the SP 144Spccific Plan 144J area as RH "Residential High Density," U "Public Utility," OS "Open Space," and T-R "Travel/Recreation Commercial." The Encina Power Station is designated U and the majority of the remaining Specific Plan area is designated OS. The General Plan states that the Utility designation's "primary functions include such things as the generation of electrical energy, treatment of waste water, and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community." The Specific Plan provides regulations for the development of the Encina Power Station which provides "generation of electrical energy," and incorporates the PDP 00-02(B). The POP serves as a permit for the Carlsbad Seawater Desalination Project, which would provide "primary utility functions designed to serve all or a substantial portion of the community," by augmenting potable drinking water supplies for the City of Carlsbad. Thus, the power station and desalination plant are uses consistent with the provisions of the General Plan. Other than the desalination plant, Specific Plan 144(J) authorizes no additional development. Additional areas covered by SP 144SDGCific Plon 1443 include the Agua Hedionda Lagoon, property along the north shore of the lagoon and west of Interstate 5, the agricultural/open space area East of the 1-5 freeway along the lagoon's south shore, and wetland and upland areas at the east end of the lagoon on either side of Cannon Road. The majority of these additional areas tea re designated Open Space. SP 144 (IP includes a revision to Exhibit C to identify lands within SP 144 which are subject to "Proposition D - Preserve the Flower and Strawberry Fields and Save Taxpayer's Money" and the Cannon Road Agricultural/Open Space (CR-A/OS^ Zone. The specific plan does not provide for any new development to occur in these areas, which besides Open Space are designated as Travel/Recreation Commercial, and Residential High Density. In doing so, the Specific Plan maintains consistency with and enables implementation of the goals of the Land Use and Open Space Elements of the Carlsbad General Plan. 15 Legend Specific Plan Boundary Precise Development Planning Area MIDDLE AQUA HEDIONDA LAGOON OUTER AQUA HEDIONDA LAGOON INNER AGUA HEDIONDA LAGOON PACIFIC OCEAN J:\Requests\Planning\4175279_OS Specific Plan 144 Specific Plan 144 Boundary Map Exhibit A General Plan Land Use: OS Open Space RH High Density Residential T-R Travel/Recreation Commerical U Public Utilities Precise Development Planning Ar J:\Requests\PlarmingW75279_09 Specific Plan 144 General Plan Map Exhibit B Zoning: OS Open Space P-U Public Utility R-A-10000 Residential-Agricultural Zone CR-A/OS Cannon Road Agricultural/Open Space Zone Precise Development Planning Area Cannon Road Agricultural/Open Space Zone pursuant to Proposition "D Preserve the Flower and Strawberry Fields and Save Taxpayer's Money J:\Requesls\Planning\417S279_09 Specific Plan 144fH> Zoning Map Exhibit C EXHIBIT 11 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 1, 2010 Application complete date: Project Planner: Project Engineer: N/A Gary Barberio & Barbara Kennedy N/A SUBJECT: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(IVSP 144fK) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Zone Change to add and enact Chapter 21.209 - Cannon Road-Agricultural/Open Space (CR- A/OS) Zone and amend Chapters 21.05 - Zone Establishment Boundaries and 21.06 - Qualified Development Overlay (Q) Zone; a Local Coastal Program Amendment to the Agua Hedionda and Mello II Segments of the Local Coastal Program Land Use Plan to ensure consistency between the LCP and the provisions of the new zone; and amend the Carlsbad Ranch Specific Plan - SP 207(1) and Specific Plan 144(K) to incorporate the provisions of the new Zoning Classification. The project affects approximately 244 acres of land generally located north of Palomar Airport Road, along the north and south sides of Cannon Road, east of the 1-5 Freeway and west of Faraday Avenue within the northwest quadrant of the City in Local Facilities Management Zone 13. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6734 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6735, 6736, 6737, 6738, and 6739 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 09-02), Zone Change (ZC 09-06), Local Coastal Program Amendment (LCPA 09-05), Specific Plan Amendments SP 207(1) and SP 144(K) subject to the findings contained herein. II. INTRODUCTION The project consists of a Zone Code Amendment to create a new zoning classification (CR- A/OS) for the Cannon Road Agriculture and Open Space Lands together with related land use document amendments necessary to fully implement Proposition D, "Preserve the Flower and Strawberry Fields and Save Taxpayers Money" and the Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands. The project also includes amendments to existing land use documents to achieve consistency with the new zone. The new zone will apply to approximately 244 acres of land as shown on the location map. The proposed Cannon CR-A/OS Zone contains a list of permitted agriculture and open space uses, guiding principles for the uses, development and design standards and procedural requirements for the processing and approval of future development proposals in the zone. The ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 2 Zone Change will replace the existing Open Space (OS) Zone on the affected parcels of land with the new CR-A/OS Zone. The Specific Plan Amendments will incorporate the provisions of the new CR-A/OS Zone into the existing Specific Plans (SP 207 and 144) and the proposed Local Coastal Program Amendment will incorporate the CR-A/OS provisions into the Mello II and Agua Hedionda Local Coastal Program Land Use Plans. The project consists entirely of policy actions that will regulate future development in the area in which the new zone is applied in accordance with the provisions of Proposition D. No development is proposed with this project. HI. PROJECT DESCRIPTION AND BACKGROUND Background In November 2006, City of Carlsbad voters approved Proposition D, the "Preserve the Flower and Strawberry Fields and Save Taxpayers Money" measure (Prop D). The area affected by Prop D (referred to as the "Cannon Road Agriculture and Open Space Lands") encompasses approximately 300 acres of privately owned lands located east of Interstate 5 along the north and south sides of Cannon Road including the existing strawberry and flower growing agricultural areas. Prop D placed a permanent open space designation on the affected lands and strongly supported and encouraged the continuation of agriculture on the lands for as long as it remains economically viable for the private landowners. When agriculture is no longer economically viable for the landowners, only other open space uses would be allowed on the lands. Prop D included a provision requiring the City to conduct a "comprehensive planning process with broad public participation and input" to "determine the most appropriate open space, recreational and public uses for the lands, should farming become no longer economically viable." On July 10, 2007, the City Council approved a work program for engaging the community in the comprehensive planning process that was called for in Prop D. A seven-member Citizens Liaison Committee was appointed by the City Council to oversee the process and maximize public input and participation. At the end of the eight-month community engagement process, a final report was prepared which describes the comprehensive planning and community engagement process and includes recommendations relating to the implementation of Prop D. The Final Report contains a list of open space uses that the community believed would be appropriate and desirable for the lands when the private property owners determine that agriculture is no longer economically viable. Additionally, a list of recommended agricultural uses and incentives are included that could be considered by the City in order to support and promote the continuation of agriculture on the lands. Finally, the report contains a recommended set of Guiding Principles which, if implemented, would result in open space uses being developed on the lands in a manner that reflects the community's desires, values and visions for the lands. On September 23, 2008, the City Council accepted the Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands. At that meeting, the City Council adopted a Resolution of Intention (Resolution No. 2008-269) directing staff to prepare the necessary land use document amendments necessary to reflect the recommendations contained in the Final Report to implement Proposition D. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 3 Project Description There are three sites or parcels of land affected by the proposed project. Although one additional site containing the official Flower Fields® was originally included in Proposition D, the site is protected by an existing restriction that requires the continued growing of the Flower Fields®. No other uses are being planned for this site; therefore, it is not a part of the proposed actions. The sites affected by the proposed project actions are as follows: 1. The first site or parcel of land is 45.6 acres in size and is located north of the Flower Fields® with frontage along the south side of Cannon Road and the east side of Car Country Drive. This site is privately owned by the Carlsbad Ranch Company LP (Carltas ' - Co.). The site is often confused with being part of the official Flower Fields® because the property owner also grows flowers on the site. There is no restriction to use this site for growing flowers or any other agricultural purposes. Existing land use and zoning approvals (Carlsbad Ranch Specific Plan - SP 207 and Mello II Segment of the Local Coastal Program Land Use Plan (Mello II LCP)) allow the site to be used as part of a nine-hole golf course that was originally planned for the area in which the site is located, or for agricultural uses. 2. The second site is 26.4 acres in size and is located to the east of the first site with frontage along the south side of Cannon Road and the east side of Legoland Drive. This site is privately owned by the Charles Company. Similar to the first site, the site is part of the Carlsbad Ranch Specific Plan (SP 207) and the Mello II LCP and is often used for growing flowers but there is no restriction to keep it in agricultural use. SP 207 allows the site to be used as part of a nine-hole golf course originally planned for the area, or for agricultural uses. 3. The final site contains 172 acres of land, a portion of which is presently used for strawberry fields. This site is privately owned by SDG&E and includes a small 1.4 acre property owned by the Ray & Constance Winter Trust. It is located on the north side of Cannon Road along the south shore of Agua Hedionda Lagoon. The site is part of the exiting Encina Specific Plan (SP 144) and the Agua Hedionda Segment of the Local Coastal Program Land Use Plan (Agua Hedionda LCP). These existing documents allow the site to be used for agricultural uses although a portion of the site (approximately 90 acres) is leased to the City and can be used for future recreational park purposes if the City so desires. Altogether, the three sites affected by the proposed project actions contain approximately 244 acres. In order to complete the process and achieve full implementation of Proposition D on the Cannon Road Agriculture and Open Space Lands, the following land use document amendments are required: Zone Code Amendment (ZCA 09-02) The Zone Code amendment creates a new zoning classification in Title 21 of the Carlsbad Municipal Code: Chapter 21.209 - Cannon Road Agricultural and Open Space Zone (CR-A/OS). The comprehensive planning process for Prop D included extensive community participation and input. This input, along with Proposition D, served as the foundation for preparing the new CR- A/OS zone classification. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS December 1,2010 Page 4 The CR-A/OS zone ensures that agricultural uses are allowed to continue on the affected lands for as long as it remains economically viable to the property owners. A list of permitted Primary and Secondary Agricultural Uses, which is a direct result of the community's input, is included in the new zone. These uses expand on the existing allowable agricultural uses, and include agricultural-related uses that could provide an economic benefit and incentive to property owners to continue to use the lands for agricultural purposes. When the landowners determine that agriculture is no longer economically viable, the zone allows only open space uses classified as Permitted Primary and Secondary Open Space Uses. This list, also based on the community's input, consists of a mixture of passive, active, and cultural open space uses that can result in economic benefit/return to the private land owner. ' ; The CR-A/OS zone includes a set of Guiding Principles that are intended to guide the planning of development and establishment of uses in the zone to create a sustainable area that balances social, economic and environmental values that are important to the community. All proposed development, uses, or grouping of uses will be reviewed for conformance with the applicable Guiding Principles (see Section 21.209.030 attached to Resolution No. 6735. ZCA 09-02 also amends Chapter 21.06 (Q) to include provisions for a Minor Site Development Plan (Minor SDP) approval process, and amends Chapter 21.05 to include the CR-A/OS Zone in Section 21.05.010-Names of Zones. Zone Change (ZC 09-06) A Zone Change is necessary to replace the existing Open Space (OS) Zone and Commercial/ Visitor Serving Overlay Zone with the new CR-A/OS zone on the affected lands. The new zone distinguishes these properties as having unique land use regulations and uses that do not apply to other areas of the city zoned for OS. Local Coastal Program Amendment (XCPA 09-05) The two sites located on the south side of Cannon Road are located within the boundaries and regulated by the Mello II LCP Land Use Plan. The site located on the north side of Cannon Road is located within the boundaries and regulated by the Agua Hedionda LCP Land Use Plan. The purpose of the Local Coastal Program Amendment is to modify existing sections of the Mello II and Agua Hedionda Land Use Plans that are applicable to each of the specific sites in order to ensure consistency with the provisions of the CR-A/OS Zone with regard to the permitted uses, standards and procedures. Additionally, LCPA 09-05 incorporates other amended land use documents into the Local Coastal Program as described herein. The provisions of SP 207 are incorporated into the Mello II LCP to regulate the two sites on the south side of Cannon Road. The provisions of the CR-A/OS Zone will be incorporated into the applicable sections of text and exhibits. The Agua Hedionda LCP presently designates the site located on the north side of Cannon Road for exclusive agriculture use only. Several sections of the Agua Hedionda LCP are proposed to be amended in order to ensure consistency with the uses permitted by the CR-A/OS Zone and to require any development on the site to participate in the City's Agricultural Conversion Mitigation Fee Program. The staff report includes strike-out/underlined exhibits of the affected pages of the Mello II LCP Land Use Plan, Agua Hedionda LCP Land Use Plan, SP 207, and the Zoning Ordinance, and includes a revision to the LCP Zoning Map showing a change from the current OS Zone to the new CR-A/OS Zone on the affected lands. DRAFT Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Vineyards and wineries P X X X X X X X CUP 1 1 2 1 Secondary Agricultural Uses Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Plannina Director or which preserve at least % of a site for primary agricultural or opern space uses and which are determined bv the Economic Development Director as necessary to provide the economic feasibility to preserve the orimarv uses. Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of agricultural crops and related products limited to P X CUP 2 24 DRAFT Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use, or which preserve at least % of a site for primary agricultural or opern space uses and which are determined by the Economic Development Director as necessary to provide the economic feasibility to preserve the primary uses. Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet X X X 1 24- 1 Notes: 1. Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. 4r2. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property * { Formatted: Bullets and Numbering and/or Temporary Sales Location permits as appropriate. 21.209.050 Conditional use permit requirement. A. Decision-making process. The conditionally permitted primary and secondary uses, as indicated in Table A, shall be processed in accordance with the applicable provisions of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) of this title and the requisite findings therein. B. Finding of fact. In addition to the findings for approving a minor conditional use permit or a conditional use permit as set out in Chapter 21.42, a finding shall be made that: 1. The proposed use or grouping of uses implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.01 Oof this chapter. 2. The proposed use or grouping of uses conforms to the applicable guiding principles contained in Section 21.209.030 of this chapter. 3. The proposed development complies with the applicable development and design standards contained in Section 21.209.080 of this chapter. 4. Feasible and appropriate public art, public access, and civic and public gathering space elements have been incorporated into the design of the proposed development. DRAFT Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Vineyards and wineries P X X X X X X X CUP 1 1 2 1 Secondary Agricultural Uses Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director1 Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use P X CUP 2 1 1 Uses that preserve at least % of a site for primary agricultural or open space uses and which as determined by the Economic Development Director provide the economic uses necessary to preserve those uses, will be deemed other accessory uses and require a CUP approved by the Planning Commission. DRAFT Secondary Open Space Uses Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use2 Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet P X X X CUP 1 1 1 Notes: Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales Location permits as appropriate. 21.209.050 Conditional use permit requirement. A. Decision-making process. The conditionally permitted primary and secondary uses, as indicated in Table A, shall be processed in accordance with the applicable provisions of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) of this title and the requisite findings therein. B. Finding of fact. In addition to the findings for approving a minor conditional use permit or a conditional use permit as set out in Chapter 21.42, a finding shall be made that: 1 . The proposed use or grouping of uses implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21 .209.01 0 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. ; Formatted: Bullets and Numbering 2 Uses that preserve at least % of a site for primary agricultural or open space uses and which as determined bv the Economic Development Director provide the economic uses necessary to preserve those uses, will be deemed other accessory uses and require a CUP approved bv the Planning Commission. C IT Y O F ^CARLSBAD Community & Economic Development www.carlsbadca.gov August 30, 2010 Clif Williams, Land Use Analyst Latham & Watkins 600 West Broadway, Ste 1800 San Diego, CA 92010-3375 SUBJECT: ZCA 09-02 - PROP D - CANNON ROAD AG/OS LANDS Dear Mr. Williams, Thank you for your comments on the draft ordinance for the new Cannon Road - Agricultural/ Open Space (CR-A/OS) Zone. Your suggested revisions would allow for a professional care facility as an accessory use to Primary Agricultural or Open Space Uses. You stated that your concept would "...create an interaction between the professional care facility patrons and the open space/agricultural uses as a therapeutic pursuit. The agricultural, gardens, or open space uses would be tailored to provide public use and access to the open space and AG areas of the property, and would likely invite interaction with the care facility." As you know, Prop D placed a permanent open space designation on the lands subject to the new CR- A/OS zone. Prop D strongly supported and encouraged the continuation of agriculture on the lands for as long as it is economically viable for private landowners. When agriculture is no longer economically viable, only other open space uses would be allowed on the lands. Prop D prohibits commercial and industrial-type uses in the area other than those normally associated with farming operations and open space uses, and it specifically prohibits residential uses. The proposed professional care facility use is considered a commercial use and it is a commercial use that is not normally associated with farming operations or open space uses. Prop D also required a comprehensive planning process with broad public participation and input to accomplish full implementation of the measure. A number of recommendations, together with a proposed list of permitted (primary and secondary) agricultural and open space uses, were developed as a result of the community's input. These recommendations were documented in the "Creating a Community Vision" Final Report which was accepted by the City Council. A professional care facility is not listed as an allowed primary or secondary permitted agricultural or open space use. Because the professional care facility use is inconsistent with the language in Prop D and the "Creating a Community Vision" Final Report, it's inclusion in the draft CR-A/OS zone ordinance cannot be supported. However, adoption of the CR-A/OS is a public process and you may present your request to the Planning Commission and City Council at the public hearings for this project. If you should have any additional questions or comments please contact me at (760) 602-2710. Sincere 5ARYT. BARBERIO Community & Economic Development Director c: Arrnan Gabray, Charles Company, 1888 Century park East, Suite 450, Los Angeles, CA 90067 David de Cordova, Principal Planner Barbara Kennedy, Associate Planner 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2710 F 760-602-8560 © Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates that the use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process 3 = City Council Process Agricultural Uses Primary Agricultural Uses Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) Agricultural-related educational, research and development facilities Community farming (example: individual citizens or community groups growing agricultural crops) Agricultural farm worker housing (see note 1 below) Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Farmers market (sale of primarily agricultural products) Floral trade center (wholesale or retail) Greenhouses Plant nurseries and supplies (retail) Tree and seed growing farms Vineyards and wineries P X X X X X X X CUP 1 1 2 1 Secondary Agricultural Uses Agricultural distribution facilities Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director 1 . Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use P X CUP 2 2 1 Uses that preserve at least 50% of a site for primary agricultural or open space uses and which as determined by the Economic Development Director provide the economic uses necessary to preserve those uses, will be deemed "other accessory uses" and require a CUP approved by the Planning Commission. (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of agricultural crops and related products limited to a cumulative area of 1 ,000 square feet or less (examples: on premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) Retail sales of agricultural crops and related products with a cumulative area of more than 1 ,000 square feet (examples: on premise sale of crops to the public, produce store, "you pick" operations, sale of products made from crops) X 1 Open Space Uses Primary Open Space Uses Amphitheater Aquarium Art gallery Cemeteries Civic and public gathering spaces (examples: art display, gazebos, public plazas, sitting areas, water features, wedding areas) Columbariums, crematories, and mausoleums (not within a cemetery) Community learning center (excluding "educational institution or school" as defined in Section 21.04.140) Community meeting center (excluding a city hall or civic center) Cultural center Dog park Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources Fairgrounds Gardens (public or private) (examples: botanical, rose, tea, and meditation gardens Golf Course Habitat preserves and natural areas Historic center Museum Parks (public or private) Performing arts center Picnic areas Professional Care Facility 4 P X X X CUP 2 1 1 3 2 1 1 1 1 3 1 2 1 1 1 2 1 3 Sports or recreation center (public or private) (indoor or outdoor) (examples: athletic courts and fields, boys and girls club, lawn bowling, swimming pools, tennis courts ) Trails (examples: bicycle, exercise, equestrian, nature, pedestrian) Windmills (exceeding height limit of zone) (subject to Section 21 .42.140(B)(160)) X 2 2 Secondary Open Space Uses Entertainment activities and facilities Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less Food service, including restaurants and cafes with a cumulative area of more than 500 square feet Other accessory or related uses that promote the continuation of a primary permitted open space use. 4 Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet P X X X CUP 3 1 2 1 Notes: 1. Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. 2. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales Location permits as appropriate. 3. Must provide at least 50% of the Project site for open space. 4. Uses that preserve at least 50% of a site for primary agricultural or open space uses and which as determined by the Economic Development Director provide the economic uses necessary to preserve those uses, will be deemed "other accessory uses" and require a CUP approved by the Planning Commission. : CITY OF SAN DIEGO City of San Diego Development Services 1222 First Ave., MS-302 San Diego, CA 92101 (619)446-5000 Request for Reasonable Accommodations FORM DS-18 SEPTEMBER 2009 Application Date:Project No.: The City is required by the Federal Fair Housing Act and the California Fair Employment and Housing Act to provide a process for consideration of reasonable accommodation requests. A deviation process is available to applicants for circumstances where the existing zoning regulations would preclude residential development for persons with disabilities. All requests for accommodation are determined on a case-by-case basis. You will be con- tacted if additional information is required to determine the reasonableness of the accommodation requested. Please print legibly or type. 1. Applicant Name:E-mail: Address: 2. Property Owner Name: CJity:State:Zip Code: Telephone: E-mail: Address:State Zip Code: Telephone:CityT 3. Site Address where accommodation is requested: Address:Zip Code: 4. Process One - Administrative Review Reasonable accommodations (including waiver of regulations, policies, or procedures) to afford persons with disabilities an equal opportunity to use and enjoy a dwelling may be approved through Process One subject to the following: (a) The development will be used by a person(s) with a disability; (b) The deviation requested is necessary to make specific housing available to a person with a disability and complies with all applicable development regulations to the maximum extent feasible; (c) The deviation request will not impose an undue financial or administrative burden on the City; (d) The deviation request will not create a fundamental alteration in the implementation of the City's zon- ing regulations; and (e) For coastal development in the Coastal Overlay Zone, that is not exempt from a Coastal Development Permit pursuant to Section 126.0704, there is no feasible alternative that provides greater consistency with the certified Local Coastal Program. 5. Identify the reasonable accommodations requested and the specific regulations, policy, or procedure from which the deviation or waiver is requested. If the City is unable to approve the specific accommodations requested. The City will work with you to find accommodations that are reasonable. 6. Give the reason that the reasonable accommodations may be necessary, for you or for another individual(s) with disabilities seeking the specific housing, to use and enjoy the housing. You do not need to tell us the name or extent of your disability or that of the individual(s) seeking the housing: Printed on recycled paper. Visit our web site at www.sandiego.gov/development-services. Upon request, this information is available in alternative formats (or persons with disabilities. 08-18(09-09) Page 2 of 2 City of San Diego • Development Services Department • Request for Reasonable Accommodations 7. Please attach any documents that you feel are necessary to support your request for reasonable accommoda- tion and would assist us in considering your request, (e.g. medical documentation which supports the need for the accommodation as prescribed under disability law). Please note that all documents submitted will be kept as a record of the decision and will be made available to the public upon request. 8. Owner Declaration: I , certify, under penalty of perjury under the laws of the State of California, that the information provided above is correct and is being submitted to facilitate a currently anticipated use of the development by a person with a disability. Signature: Date: Aperson with disability pursuant the Fair Housing Amendments Act of 1988 means any person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. FOR CITY USE ONLY The following findings have been made to support the reasonable accommodation request: Yes No LJ IJ The development will be used by a person with a disability. LJ LJ The deviation request is necessary to make specific housing available to a person with disability and complies with all applicable development regulations to the maximum extent feasible. LJ LJ The deviation request will not impose an undue financial or administrative burden on the City of San Diego. IJ LJ The deviation request will not create a fundamental alteration in the implementation of the City's zoning regulations for the zone. (INDICATE ZONE) LJ LJ For coastal development in the Coastal Overlay Zone, that is not exempt from a Coastal Development Permit pursuant to Section 126,0704, there is no feasible alternative that provides greater consistency with the certified Local Coastal Program. Additional Information for the Administrative Record: ^J Approved LJ Denied If requested accommodation is denied provide reason(s) based on required findings: Staff Name: Staff Title: Signature: Date: -7CV' LATHAM&WATKINS^ Septembers, 2010 Sent Via E-Mail Gary Barberio Community and Economic Development Director City of Carlsbad Planning Department 1635 Faraday Ave. Carlsbad, CA 92008 600 West Broadway, Suite 1800 San Diego, California 92101-3375 Tel: +1.619.236.1234 Fax: +1.619.696.7419 www.lw.com FIRM / AFFILIATE OFFICES Abu Dhabi Barcelona Beijing Brussels Chicago Doha Dubai Frankfurt Hamburg Hong Kong Houston London Los Angeles Madrid Milan Moscow Munich New Jersey New York Orange County Paris Riyadh Rome San Diego San Francisco Shanghai Silicon Valley Singapore Tokyo Washington, D.C. File No. 047398-0006 Re: Cannon Road Agricultural / Open Space Zone Dear Mr. Barberio: Thank you for the opportunity to comment on the draft Cannon Road Agricultural / Open Space Zone ordinance ("Cannon ordinance"). I represent the Charles Company, owners of property that is included in the new zone. We sent previous comments to you via e-mail for review, and request that those comments also be made part of the record of the proceedings for the zoning designation. We appreciated receiving your response to those comments in your letter dated August 30, 2010. Please accept these as additional comments and responses to that letter. The Charles Company has been supportive of the visioning process with the community and is generally supportive of the proposed zoning ordinance and the process for entitlement that it presents. However, we also believe that the uses provided in the zoning ordinance are not broad enough to provide the economic environment necessary to keep agricultural activities as a viable use. The existing Open Space zone in the Carlsbad municipal code provides additional uses that are within the spirit of Proposition D, but were inexplicably excluded from the use tables in the draft Cannon ordinance. We have provided a revised use table for your review that suggests additional uses for the Cannon ordinance that are allowed in the City's other OS zone including cemeteries, fairgrounds, and golf courses. We believe these uses are within the scope and spirit of Proposition D and should be included. In addition, we believe that a "professional care facility" as defined in the Carlsbad Municipal Code, which incorporates agricultural and open spaces uses like the one in the article we have attached, "presents a unique opportunity for the City to create a sustainable, community- oriented open space area that balances social, economic and environmental values important to the community."1 A Professional Care Facility proposed under this model has the potential to Language from the Carlsbad General Plan section amended by Proposition D SD\725556.I Barbara Kennedy August 26, 2010 Page 2 LATHAM&WATKINS^ become a significant community resource, maintain the agricultural heritage of the community, connect generations and provide an economically viable model to preserve the agricultural uses on the site. The article also shows that a professional care facility can be considered one that is. associated with agricultural operations. We do not seek a special preference in the zoning ordinance, but rather request that the ordinance not preclude or limit the ability to propose such a facility. We would suggest that any such facility would require a Conditional Use Permit approved by the Planning Commission or City Council as is the case with other like facilities in the City of Carlsbad. The facility envisioned would combine a Professional Care Facility for the elderly with working agriculture and gardens that the community, school groups and others could share and program with elderly people at the facility. The Professional Care Facility would act as an accessory use to the primary open space or agricultural use, by creating the economic viability for the primary agriculture and open space use. Fifty percent of the property would be set aside for use as agriculture or open space, where the elderly could work with school children, and area residents on community gardening projects, grow crops, or learn about agriculture. Areas of the property could also be set aside for cooperative farming initiatives where Carlsbad residents could farm small plots or educational facilities for school children. These types of community gardens have been successful in urban areas throughout the country and connect urban residents with their agricultural heritage. In addition, we believe that not including professional care facilities in the ordinance may run afoul of the Federal Fair Housing Act, and the California Fair Employment and Housing Act. These laws prohibit discrimination against the provision of facilities for disabled persons, which include the elderly. Under these laws a local jurisdiction must provide "reasonable accommodation" from zoning restrictions for these types of facilities. The City of San Diego has implemented these rules, and has a process for requesting "reasonable accommodation" deviations from zoning restrictions. We have attached a copy of the City of San Diego form used to request "reasonable accommodation" and believe that the City of Carlsbad should either provide for professional care facilities in the ordinance, or provide a mechanism like this one to request "reasonable accommodation." We would be happy to provide you with additional information at your request. Thank you for the opportunity to comment on the Cannon ordinance. We look forward to continued engagement in this process as the ordinance comes forward to the Planning Commission and City Council. Sincerely, Clifton Williams, Land Use Analyst LATHAM & WATKINS LLP SD\725556.l FILE COPY Community & Economic Development www.carlsbadca.gov November 15, 2010 Clif Williams, Land Use Analyst Latham & Watkins 600 West Broadway, Ste 1800 San Diego, CA 92010-3375 SUBJECT: ZCA 09-02 - PROP D - CANNON ROAD AGIOS LANDS Dear Mr. Williams, . • / * Thank you for your additional comments (dated September 3, 2010) on the draft ordinance for the new Cannon Road - Agricultural/Open Space (CR-A/OS) Zone. Per your request, all of your e-mail comments, letters, and staff responses will be included as_ an attachment to the Planning Commission and City Council staff reports for this item. The first comment in your letter requests that additional uses including cemeteries, fairgrounds, and golf courses should be included in the new CR-A/OS Zone in order to provide "the economic environment necessary to keep agricultural activities as a viable use." You note that these uses are currently allowed in the City's Open Space (OS) Zone. First, I would like to clarify that the uses that you mention require approval of a Conditional Use Permit (CUP), and are not permitted by right in the OS Zone. Secondly, it is important to recognize and understand the zoning status of your client's property prior to the adoption of Prop D. Your client's property is located within Planning Area 8 (PA 8) of the Carlsbad Ranch Specific Plan (SP 207) and the current zone designation is Open Space (OS). The property is subject to the requirements of SP 207 which supersedes the OS uses listed in the Zoning Ordinance. PA 8 was intended to be developed as a golf course and SP 207 specifies that development of the site is limited to agricultural uses, golf course (and other complementary non-agricultural-uses), and several types of accessory uses and structures. The complete list of permitted uses for PA 8 is included for your convenience as an attachment to this correspondence. With the exception of a golf course (including driving range and putting green) all of the uses currently allowed in PA 8 would also be allowed under the proposed CR-A/OS Zone. However, the uses that you are suggesting (cemeteries, fairgrounds, professional care facility) would not currently be permitted on the property either by right or by CUP. It is important to recognize that the proposed CR-A/OS Zone would not only maintain all of the uses, with the exception of a golf course, that are currently permitted under SP 207, but that it would also expand the list of permitted and conditionally permitted agricultural and open space uses well beyond what is currently allowed under SP 207. Lastly, as you know, Prop D placed a permanent open space designation on the affected lands and strongly supported and encouraged the continuation of agriculture on the lands for as long as it remains economically viable for the private landowners. When agriculture is no longer economically viable for the landowners, only other open space uses would be allowed on the lands. Prop D included a provision for the City to conduct a "comprehensive planning process with broad public participation and input" to "determine the most appropriate open space, recreational and public uses for the lands, should farming become no longer economically viable. At the end of the eight-month community engagement process, a process which your client (Charles Company) fully participated in, a report was prepared which described the comprehensive planning and community engagement process and included recommendations relating to the implementation of Prop D. The Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands (Final Report) contains a recommended list of primary and secondary agricultural and open space uses that the community believed would be appropriate and desirable for the lands when the private property owners determine that agriculture is no longer economically viable. Golf course, cemeteries and fairgrounds are not included in the lists of agricultural and open space uses that would be appropriate for the lands. The Final Report was accepted by the City Council on September 23, 2008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2710 F 760-602-8560 ztA'09^021- PROP D - CANNON ROAD AG/OS LANDS November 15, 2010 Page 2 Your second comment requests, again, that a professional care facility be included as a conditionally permitted use in the CR-A/OS Zone, and that it "presents a unique opportunity for the City to create a sustainable, community-oriented open space area that balances social, economic and environmental values important to the community." 1 However, in addition to the General Plan text that you quoted, the General Plan also states in the Implementing Polices and Programs for the Cannon Road Open Space, Farming, and Public Use Corridor that this area "Prohibit residential development in the area" and "Prohibit commercial and industrial-type uses in the area other than those normally associated with farming operations and open space uses." As noted in our previous letter to you, the proposed professional care facility use is considered to be a commercial use and that it is a commercial use that is not normally associated with agricultural or open space uses. Therefore, because the requested professional care facility use is not consistent with the General Plan policies or the list of recommended uses in the Final Report, staff cannot recommend including the use in the CR-A/OS Zone, as either an accessory use, a permitted use, or as a conditionally permitted use. ' Your'letter goes on to suggest that "not including professional care facilities, in the ordinance may run afoul of the Fair Housing Act and the California Fair Employment and Housing Act." which ". . . prohibit discrimination against the provision of facilities for disabled persons, which include the elderly." The City does not need to allow for such uses in the ordinance either by right or by Conditional Use Permit; since the proposed ordinance does not have any disproportionate impact on the disabled. No group of persons, disabled or otherwise, will be allowed to reside in the CR-A/OS- Zone in a professional care facility or otherwise in any form of living or residential structure or use. Staff and the community recognize that the lands affected by Prop D consist of privately owned lands and that the community's desires for certain open space uses depend on economic feasibility and benefit to the property owners. The list of uses developed during the community engagement process expands on the existing allowable agricultural uses, and includes agricultural-related uses that could provide an economic benefit and incentive to property owners to continue to use the lands for agricultural purposes. When the landowners determine that agriculture is no longer economically viable, other uses classified as Permitted Primary and Secondary Open Space Uses would be allowed. This list consists of a mixture of passive, active, and cultural open space uses that can result in economic benefit/return to the private land owner. Staff believes that the proposed CR-A/OS Zone, as currently drafted, is fully consistent with Prop D and accurately reflects the recommendations included in the Final Report. I would again like to invite you to participate in the public hearing process for this item where you may present your requests to both the Planning Commission and City Council. At this time, the Planning Commission public hearing is expected to take place on December 1, 2010, at 6:00 p.m., in the City Council Chambers located at 1200 Carlsbad Village Drive. You will receive a meeting notice at least 10 days in advance of the public hearing. If you should have any additional questions or comments please contact me at (760) 602-2710. Sincerely, 'GARY T. BARBERIO Community & Economic Development Director Attachment: SP 207 - Planning Area 8 list of Permitted Uses c: Arman Gabray, Charles Company, 9034 West Sunset Blvd. West Hollywood, CA 90069 Jane Mobaldi, Assistant City Attorney David de Cordova, Principal Planner File copy 1 Language from the Carlsbad General Plan section amended by Proposition D 1. PLANNING AREA 8-GOLF COURSE The golf course will be a 9-hoie course and will cover over 70 acres in the northern portion of the specific plan. As proposed, the golf course will provide desirable open space buffers in the Carlsbad Ranch Specific Plan between Car Country, the Gemological Institute and the resort. Access between the eastern and western parts of the golf course shall be provided on the SDG&E property on the north side of Cannon Road as shown on Figure 51 on page 168. One or two holes of the golf course may be located in this area. Golf cart overcrossings or under crossings of Cannon Road shall provide access to this area. If an overcrossing is determined to be the most viable alternative, then the design of the overcrossing shall, be similar to the design shown on Figure 53 on page 170. An amendment to the SDG&E Specific Plan shall be required for this area to be used for a golf course. The portion of SDG&E property used for this section of the golf course will not be a. part of the Carlsbad Ranch Specific Plan. The design and layout of the holes in this area as well as the rest of the golf course shall be determined as a part of the Site Development Plan for Planning Area 8. A pedestrian/bike/golf cart trail shall be provided along the southerly edge of Planning Area 5 to provide a link from the specific plan golf course to the future City golf course to the east of the specific plan. The trail shall be designed as shown on Figure 52 on page 169. A golf-cart undercrossing on The Crossings Drive shall be provided to facilitate the joint use of the two golf courses. Sophisticated computerized weather and water monitoring and delivery systems and reclaimed water will be used for irrigation. The course will be open to the public on a fee basis. 1. DEVELOPMENT STANDARDS The following are specific development and design guidelines applicable to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page .63 contains additional development standards and design guidelines that are applicable to all Planning Area within this Specific Plan Amendment. a. Permitted Uses i. Agricultural Uses - Field and seed crops; Truck crops; Horticulture crops; Carlsbad Ranch Specific Plan 168 Orchards and vineyards; Pasture and rangeland; Tree farms; Fallow lands; Produce sheds. ii. Non-Agricultural Uses- Golf course, driving range, putting green; Public parks; City picnic areas; City playgrounds; Public Trails; ' ; Public access easements and right-of-way; Public rest rooms; Fencing; Transportation right-of-way; Vista points; Other similar accessory uses and structures, determined by the Planning Director to be required for the conduct of principal use. iii. Accessory uses and structures permitted; Public Rest Rooms, Changing Rooms; Playground Equipment; Fencing, Patios, Stairways, Barbeque and Fire Pits; Parking, Staging, Processing and Storage Area for agricultural crops; Shade Houses; Other similar accessory uses and structures, determined by the Planning Director to be required for the conduct of the principle uses. b. Parking Standards Parking spaces for all permitted and ancillary uses shall be provided consistent with Section 21.44 of the Carlsbad Municipal Code. Joint use of parking facilities is allowed based on the potential for shared/off-peak uses. Specific reductions in parking requirements shall be determined based on provisions set forth in Section 21.44.050(a)(4) of the Carlsbad Municipal Code. Carlsbad Ranch Specific Plan 169 <ids, seniors garden together at care home - SignOnSanDiego.com 3hr£ai&iq)*ttnion-4&&uiu, MAKE us YOUR HOMEPAGE SUBSCRIBE E-EDITION ARCHIVES U-T STORE EMAIL ALERTS TEXT ALERTS FIND A BUSINESS SIGNQN SAN DIEGO NEWS NEWS SPORTS BUSINESS OBITS OPINION LIFESTYLE NIGHT & DAY VISIT SO TRAVEL RADIO BOOCOO AUCTIONS CLASSIFIEDS AUTOS JOBS WEATHER 69° F TRAFFIC WEBCAMS HOT TOPICS: DEL MAR CHARGERS PADRES Search 2010 MALIBULS $199'»39-S2,079 9.000 mile's, Tax. Ittte fef m#.. attrt ay merits may v atv - 'ees^tia »yu< North County CAL NEWS NEWS BY REGION NEWS BY TOPIC EMAIL PBWT SAVE Q £3 ^ Q MC Kids, seniors garden together at care home 8V J. HARRY JONES . UNION-TRIBUNE STAFF WRITER ORIGINALLY PUBLISHED AUGUST 7, 2010 AT 10 40 P.M , UPDATED AUGUST 8 2010 AT 12:02 A.M On the western banks of Poway's Twin Peaks overlooking Pomerado Hospital, long-ago memories of childhood, days on the farm and time spent in the garden sift through the dementia. <; Sunshine Care is an assisted-living facility for people who suffer from Alzheimer's disease and other forms of dementia. Most of the 50 residents are elderly, and many are just shells of what they once were. But twice each month, about 10 of the most lucid interact with children who come with their parents to participate in a garden dub. The residents and the youngsters work together inside the facility's greenhouse planting seedlings or in some of the organic gardens or fruit orchards that are planted throughout the 32-acre property. "We strongly believe the combination of young children with the folks with dementia is just a really important thing for both groups," said Michelle Andreasen, executive director of Sunshine Care. "The residents respond so well to the kids. I think it makes so much difference in the lives of the children and our residents." Andreasen said many of the residents grew up on farms or were active gardners at some point in their lives. PEGGY PEATTIE / UNION'TRIBUNE Mark Russell (left) plants nasturtium seeds with Aubrey Shepherd, 3, and her mother, Marianne Shepherd, at the Sunshine Care Facility in Poway, which has five organic fields and fruit trees. ONLINE For more information about the garden club, go to sunshinecare.com. Online For more information about the garden club, go to sunshinecare.com 35135C SignOn Daily Deal on Facebook COPY THINGS TO DO Long-term memory is what lasts the longest in dementia patients. They have difficulty remembering recent events but often can recall their youth ADO AN EVENT | MORE THINGS TO DO [ MOVES | RESTAURANTS Dierks Bentley - Rhythm On The Vine Concert Series Saturday. Aug 14. 8:00 pm South Coast Winery Resort and Spa, Temecula http://www.signonsandiego.com/news/2010/aug/07/kids-seniors-garden-together-at-care-home/[8/9/2010 7:52:02 PM] Kids, seniors garden together at care home - SignOnSanDiego.com with clarity. The gardening concept, combined with an intergenerational interaction program, was the dream of the facility's owner, Sam Stelletello. Christina Gigliotti, supervisor of the community health program at the Shiley-Marcos Alzheimer's Disease Research Center, wrote her dissertation on horticulture therapy for Alzheimer's patients. She said research shows that gardening offers many advantages for dementia sufferers. "There are physical benefits, a way to motivate them to exercise and refine motor skills," said Gigliotti, whose center is part of the University of California San Diego "It can activate memory and might allow them to engage in storytelling or reminiscing about the past." It also provides an opportunity for the patient to do something meaningful, even if it's as mundane as holding a hose. "Humans need to feel needed," Gigliotti said. She has studied various intergenerational projects, but the Sunshine Care setup is the first time she has heard of horticultural and intergenerational programs being done together. "That could be a great combination," she said. "My mom passed away two years ago," says Roy Wilburn, 53, Sunshine Care's director of horticultural operations. "She suffered from Alzheimer's. ... My mom had a green thumb. Had she been in a place like this instead of where she was at..." Wilburn has worked at the facility for just six weeks, but says he's impressed by the operation. He spent two decades in Mexico as a grower, which he said gives him a wide-ranging perspective. "I think they have an awesome concept here," Wilburn said. On Thursday, Marianne Shepherd of 4S Ranch came to the garden with her two children, Devon, 4, and Aubrey, 3. The family has been participating in the garden club for more than two years. On this day, the children helped with some chores such as weeding the green beans. "It's just for the kids to have fun," she said. "They get to pick fruits and vegetables and plant seeds with the grandmas and the grandpas." In 2009, Sunshine Care's gardens and orchards produced more than 5,000 pounds of organic produce that was eaten by the residents or donated to charity. Lisa Lipsey, activity director at Sunshine Care, said the garden club "gives our residents a unique reason to be out in the fresh air, enjoy nature, exercise, build friendships and teach skills to young people." The group meets every other Thursday and has held fresh-fruit smoothie parties, tomato tastings, sessions for making fresh-cut floral arrangements, a visit to a local farm and pumpkin patch for a hay ride, and a day for creating Thanksgiving cornucopias. J. Harry Jones: (760) 752-6780; iharryjones@uniontrib.com Vans Warped Tour Tuesday, Aug 10. 11:00 am Cricket Wireless Amphitheatre, Chula Vista My Morning Jacket Wednesday, Aug 11. 7:30 pm San Diego State Open Air Theatre, San Diego Search Events... | MOST POPULAR Cold feet? 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"This was Zenyatta' 89 people share! this. http://www.signonsandiego.com/news/2010/aug/07/kids-seniors-garden-together-at-care-home/{8/9/2010 7:52:02 PM]••••-n EXHIBIT "A1 T5 Creating a Community Vision finafReport ^^%J§w^ If FINAL REPORT September 23,2008 oo REPORT ON THE COMPREHENSIVE PLANNING AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D FOR THE CANNON ROAD AGRICULTURE AND OPEN SPACE LANDS I. INTRODUCTION AND BACKGROUND Proposition D ("Preserve the Flower and Strawberry Fields and Save the Carlsbad Taxpayers Money") was approved by the Carlsbad citizens on November 7, 2006. The Proposition applies to approximately 300 acres of privately owned lands located immediately east of Interstate 5 along the north and south sides of Cannon Road including the existing strawberry and flower growing agricultural areas. The Proposition placed a permanent open space designation on the lands. It strongly supported and encouraged the continuation of agriculture on the lands for as long as it remains economically viable for the private landowners. When agriculture is no longer economically viable, only other open space uses would be allowed on the lands. The Proposition specifically prohibits residential use. The Proposition also specifically prohibits commercial and industrial-type uses in the area other than those normally associated with farming operations and open space uses. The Proposition included a provision for the City to conduct "a comprehensive planning process with broad public participation and input to accomplish full implementation of the measure" and to determine "the most appropriate open space, recreational and public uses for the area, should farming become no longer economically viable" (Section 5.3 of Proposition D). On July 10, 2007, the City Council approved a work program for engaging the community in the comprehensive planning process called for in Proposition D. The City Council indicated its intent to have the process be as inclusive and transparent as possible in order to maximize citizen and stakeholder input and participation. To assist in its intent, the Council also appointed a seven member Citizens Liaison Committee to oversee the community engagement process. The Committee was composed of four citizens-at-large from each of the four quadrants of the city and three members representing the Planning Commission, Parks and Recreation Commission and Arts Commission. The duties of the Committee were to: • Provide citizen oversight of the entire process • Identify appropriate stakeholders to participate • Ensure maximum community participation • Review all background information • Coordinate with staff to organize all events • Review public comments and input • Review reports The Committee met formally in a public noticed setting 17 times to fulfill its duties and to develop numerous approaches to oversee the process. Maximizing community participation and ensuring transparency of the process was the Committee's overarching principal. 2 C The lands affected by Proposition D consist of four, privately-owned sites as follows: Site 1 - This site is just over 53 acres and contains the official Flower Fields®. Although included in Proposition D to provide further protection, this site is already protected by a condition that requires the continued growing of the Flower Fields® and no other open space uses are being planned or considered for this site. The site is privately owned by C B Enterprises (Carltas Co.). Site 2 - This site is just over 45 acres and is located north of the Flower Fields®, with frontage along the south side of Cannon Road and the east side of Car Country Drive. Although the site has frontage on Cannon Road, direct access to Cannon Road is currently prohibited. This site is privately owned by the Carlsbad Ranch Company LP (Carltas Co.). The site is often confused with being part of the official Flower Fields® because the property owner grows flowers on the site. There is no requirement to use this site for growing flowers or any other agricultural purposes. Existing land use and zoning approvals allow the site to be used as part of a nine-hole golf course which was originally planned for the area. Other permitted uses include agriculture and public open space uses such as parks, picnic areas, playgrounds, trails, restrooms and vista points. This site is part of the Carlsbad Ranch Specific Plan (SP 207) and was set aside as open space in return for allowing development on other parts of the Specific Plan area which provided substantial economic benefit to the original property owner. Site 3 - This site is just over 26 acres and is located to the east of Site 2, with frontage along the south side of Cannon Road and the east side of Legoland Drive. Although the site has frontage on Cannon Road, direct access to Cannon Road is currently prohibited. The site is privately owned by MA Gabaee. Similar to Site 2, it is often used for growing flowers but there is no requirement to keep it in agricultural use. This site was also originally planned to be part of a nine-hole golf course. Other permitted uses include agriculture and public open space. Also similar to Site 2, this site is part of the Carlsbad Ranch Specific Plan and was set aside as open space in return for allowing development on other parts of the Specific Plan area which provided substantial economic benefit to the original property owner. O COPY o Site 4 - This site contains approximately 172 acres a portion of which is occupied by the existing strawberry fields. This site is privately owned by SDG&E and includes a small 1.4 acre property owned by the Ray & Constance Winter Trust, ft is located on the north side of Cannon Road along the south shore of Agua Hedionda Lagoon. There are no present approvals for future open space uses on this site other than agriculture although the City has a long term lease on a portion of the site (approximately 90 acres) for future recreational purpose if the City decides to use it for that purpose. Site 4 does not include the adjoining 48 acre property located immediately east of and adjacent to Interstate 5 which is under the same ownership and is also used for strawberry farming. This adjoining property was specifically not included in Proposition D to avoid the potential cost to the citizens of Carlsbad of a property rights taking claim by the owners since the property is presently designated for commercial development (Travel/Recreation Commercial). In return for allowing this adjoining 48 acres to be developed with commercial uses that would provide substantial economic benefit to the property owner, the rest of the site was designated for agriculture and open space uses in the Agua Hedionda Local Coastal Program Land Use Plan. The purpose of this report is to describe the comprehensive planning and community engagement process for the Cannon Road Agriculture and Open Space Lands and to present recommendations regarding the use of the lands that directly reflect the input of the citizens and community members that participated in the process. II. COMMUNITY ENGAGEMENT PROCESS The community engagement portion of the comprehensive planning process to implement Proposition D took place over an eight month period from November, 2007 to the end of June, 2008. An educational video was produced for use in the process describing Proposition D, providing background information on the area affected by the Proposition and outlining the program for engaging the community in the process. The video was placed on the City's web site for viewing. With the assistance of the Citizens Liaison Committee, an extensive list of stakeholders (citizens, property owners, organizations and other interested parties) was developed and used to inform the community of scheduled meetings and events throughout the process. Any citizen or member of the community that indicated an interest in participating in the process or of being informed of meetings or events was included on the stakeholders list. The community engagement process began with two community-wide public workshops, called "Community Conversations" intended to obtain preliminary input from community members and other stakeholders regarding the Cannon Road Agriculture and Open Space Lands. Participants were asked to describe their desires for the lands, their ideas for promoting the continuation of agriculture in the area '. vS Po COPY and to "brainstorm" potential, future open space uses when agriculture is no longer economically viable. There xvas a combined attendance at these two workshops of close to 300 people. Key community themes were identified and a list of potential uses for the lands suggested by the participants at the workshops was compiled. Uses were included on the list even if the use was only suggested by one of the participants at the workshops. The key community themes and the list of potential uses were used as a basis to plan and hold four subsequent, more focused workshops called "Continued Conversations." The "Continued Conversations" workshops focused on themes related to four key topics: promoting the continuation of agriculture, passive open space uses, active open space uses and cultural open space uses. Each of the workshops included an educational component, break-out sessions for the community participants to discuss the topic and a survey where participants could rate the desirability of the uses for the lands contained on the list complied from the first two "Community Conversations" workshops. As part of the educational component of the workshops, a definition and description of various types of open space was provided to the participants. It was explained and understood by the participants that in addition to the more undeveloped, natural and passive types of open space, the City's General Plan, Zoning Ordinance and Proposition D allows for more active or "developed" types of open space such as parks and recreational uses, public gathering places and cultural facilities. Similarly, it was explained and understood that the definition of agriculture includes more than just crop production and could include uses such as the sale of crops and agricultural related products (e.g. farmers market, nursery, floral trade center) and the distribution of agricultural products (e.g. packing, shipping). Information was also provided about existing opportunities and constraints relating to the lands so that the participants could use that information in their ratings for desirable/appropriate uses. The break-out sessions included a format which allowed each smaller group of participants to report on its discussion regarding the topic to all the participants attending the workshop. There was a combined attendance at the four "Continued Conversations" workshops of over 150 community members. The focused workshops were followed Up by conducting an online survey on the City's Web site where participants could access the same information provided at the focused workshops and respond to the same survey questions. Over 300 people responded to the online survey. As a result of the focused workshops and the online survey, a refined list of potential agricultural and open space uses was prepared which included the uses the community participants rated as desirable/appropriate for the Cannon Road Agriculture and Open Space Lands. A community-wide "Synthesis" workshop was then held which was attended by approximately 70 participants. The purpose of this workshop was to discuss the integration of all the previous community input and to finalize the community supported list of permitted agriculture and open space uses for the lands. The "Synthesis" workshop also included a presentation on "Placemaking" and a presentation on "Creating a Sustainable Area" so that the participants could begin thinking about how the permitted uses could relate to creating the community's desired vision for the lands. A final community-wide "Envisioning" workshop was held on June 30, 2008 where the community participants discussed and developed a set of "Guiding Principles" for uses on the Cannon Road Agriculture and Open Space Lands. The Guiding Principles are intended to establish the context in which the permitted uses can be assured of being appropriate, functional and be designed in a way to realize the community's desired vision for the lands. At this workshop, using the list of permitted uses and the Guiding 5 Principles, participants also had the opportunity to participate in a creative "conceptual visioning" drawing exercise where they were able to graphically express how the permitted uses could be located and arranged on the lands to reflect the community supported vision. Over 30 community members and stakeholders participated in the final workshop. A total of eight community participation and input workshops were held as part of the community engagement portion of the comprehensive planning process for implementation of Proposition D. Notification was sent to all the individuals and organizations on the stakeholders list for each one of the workshops. The Citizens Liaison Committee actively participated in outreach strategies to inform the community of the workshops. An extensive number of citizens and community members participated in the process. In addition, all of the owners of the sites included in the Cannon Road Agriculture and Open Space Lands attended the workshops and actively participated. The Citizens Liaison Committee was satisfied that the community engagement process fulfilled their goals of maximum community involvement, transparency in the process, and property owner participation. III. COMMUNITY VISIONING RECOMMENDATIONS As a result of the comprehensive planning and community engagement process, recommendations were developed based directly on the input of the community members and stakeholders who participated. The recommendations serve as a foundation for creating a community supported vision for the Cannon Road Agriculture and Open Space Lands and consist of the following: A. Promoting the Continuation of Agriculture on the Lands One of the provisions of Proposition D states that "the city shall ensure" that agricultural use is allowed to continue on the Cannon Road Agriculture and Open Space Lands "for as long as it remains economically viable to the property owners and farmers" (Section 3.1 of Proposition D). As part of the comprehensive planning and community engagement process, input was received from the community regarding its support for continued agriculture on the lands and what could be done to encourage and promote the continuation of existing agricultural uses. There was overwhelming community support for continued agriculture on the lands. At the two initial "Community Conversation" workshops, community participants were also asked to respond to the following question: "Do you have any thoughts or ideas on what can be done to encourage or promote agriculture remaining in the area?" There were two general types of suggestions identified by the participant's responses. First, there were suggestions to allow uses that would support agriculture but that are considered more commercially and publicly oriented than the agricultural uses presently existing and allowed in the area. Community members felt that if more commercial types of uses related to agriculture were allowed on the lands, it would assist the property owners and farmers in continuing to make agriculture more economically viable. Many of the uses suggested are not specifically listed as permitted uses in the land use and zoning documents presently pertaining to the lands. Second, there were ideas suggested for other types of incentives to assist in keeping agriculture in the area ranging from financial to non-financial ones. The subject of one of the more focused, ''Continued Conversations" workshops was on receiving more detailed community and stakeholder input on ways to support and promote the continuation of agriculture on the Cannon Road Agriculture and Open Space Lands. At this focused workshop held in March, 2008, participants (including community members, property owners and farmers) discussed the challenges facing the agricultural industry and then were asked to take a survey indicating which of the uses and incentives suggested at the initial "Community Conversation" workshops they felt were desirable and supportable. This focused workshop was followed-up by allowing the community at large to respond online on the City's web site to the same survey. As a result of the community's input, a proposed list of agriculture and related uses for the Cannon Road Agriculture and Open Space Lands has been prepared and is recommended to be permitted on the lands. The uses are ones that a majority (more than 50%) of the community participants rated as "desirable" for the lands. The list includes primary permitted agriculture and secondary permitted uses. The secondary uses are ones that would be allowed on the lands if they are located in conjunction with and on the same site as a primary permitted agricultural use. The proposed list of permitted uses is as follows: Primary Permitted Agriculture Uses 1. Agricultural Crop Production (including floriculture and horticulture) 2. Agricultural-related Educational, Research and Development Facilities 3. Community Farming (example: leasing land to individual citizens or community groups to grow agricultural crops) 4. Farmers Market 5. Floral Trade Center (wholesale and retail) 6. Greenhouses 7. Plant Nurseries and Supplies 8. Tree and Seed Growing Farms 9. Vineyards and Wineries COPY Secondary Permitted Agriculture Uses (allowed in conjunction with and on the same site as a primary permitted agricultural uses) 1. Agricultural Distribution Facilities 2. Public Events and Activities Promoting Agriculture (examples: tours, demonstrations, special events) 3. Retail Sales of Agricultural Crops and Related Products (examples: on premise sale of crops to the public, produce store, sale of products made from crops) This list of uses would expand on the agricultural uses specifically allowed by existing land use and zoning documents applicable to the lands. The expanded list of uses, particularly retail sales of agriculturally-related products and publicly-oriented uses could provide an economic benefit and incentive to the property owners and farmers to continue to use the lands for agricultural uses. Ft is recommended that the community supported list of primary and secondary permitted agriculture uses be incorporated into the final land use and zoning documents prepared for the full implementation of Proposition D. A list of other potential incentives to promote the continuation of agriculture on the Cannon Road Agriculture and Open Space Lands was also developed based on community input. The list includes incentives that a majority (more than 50%) of the community participants supported. It should be noted that although a total of 55% of the participants at the focused workshop and on the online survey supported providing public financial subsidies to the property owners and farmers as a potential economic incentive to retain agricultural use, 65% indicated that they opposed financial subsidy if it meant direct city funding (e.g. general fund, increase in property tax, citywide assessment district). Therefore, the list of other potential incentives includes financial subsidy only if it is from an outside (non-city) source. The list of potential incentives for supporting and promoting agriculture on the lands is as follows: 1. Outside (non-city funded) public financial subsidies 2. Water resource incentives (examples: reduced water rates, guaranteed supply, use of desalinated water) 3. Increased collaboration/cooperation between the city, farmers and landowners (examples: ongoing meetings, information sharing, legislative support) 4. City sponsored educational outreach and promotion campaign to raise awareness of the importance of local agriculture in the city 5. Development of partnerships between farmers/landowners and educational institutions (examples: educational tours, joint demonstration projects, joint research projects) 6. Encouraging businesses to use locally grown crops (example: Chamber of Commerce business-to-business initiative) 7. City sponsored community and tourist-oriented special events (examples: tours, displays, demonstrations) 8 The City Council may want to consider directing staff to study and analyze the community supported list of potential agricultural land use incentives in more detail to determine feasibility and whether any of the incentives should be further pursued. B. Permitted Open Space Uses for the Lands When the landowners determine that agriculture is no longer economically viable. Proposition D only allows other open space uses on the Cannon Road Agriculture and Open Space Lands. As called for in the Proposition, the objective of a number of the workshops held during the community engagement portion of the comprehensive planning process was to develop a community supported list of other appropriate and desirable open space uses for the lands. The initial "Community Conversation" workshops allowed participants to "brainstorm" potential open space uses for the lands. A list of all the "brainstorming" uses was compiled and divided into three categories of open space uses: passive, active and cultural acknowledging that the definition of open space includes all three categories and reflecting the stated intent of Proposition D to determine "appropriate open space, recreational and public uses" for the lands. Passive open space uses are ones that are more natural and undeveloped such as habitat preserves, picnic areas and trails. Active open space uses are ones that are more developed and provide more recreational types of uses such as parks, athletic fields and other sports-related facilities. Cultural open space uses are ones that provide opportunities for public/social interaction and cultural experiences such as an amphitheater, performing arts center or other types of community gathering places. As part of the "Continued Conversations" a focused workshop was held on each one of the three categories of open space uses and community participants were given the opportunity to rate the desirability of the uses in each category. This opportunity to rate the uses was also provided to community members online on the City's Web site. If more than 50% of the total community participants rated a use as undesirable, it was removed from the potential list of open space uses for the lands. A final list of open space uses was then developed and reviewed by community members at the "Synthesis" workshop held on April 28, 2008. As a result of the process, a community supported list of open space uses for the Cannon Road Agriculture and Open Space Lands is recommended to be permitted on the lands. The list consists of a mixture of passive, active and cultural open space uses. Recognizing that the lands are privately owned and community desires for certain types of open space uses on the lands depend on economic feasibility, the list includes a number of uses that can result in an economic benefit/return to the private landowners. The list also expands on the open space uses presently permitted by existing land use and zoning documents applicable to the lands. This will also provide a potential economic benefit to the landowners. The recommended list of open space uses consists of primary permitted uses and secondary permitted uses. An example of a secondary permitted use is "food service." If, for example, a restaurant or cafe is developed in conjunction with and on the same 9 site as a primary permitted open space use and is intended to serve the patrons/users of the primary permitted open space use. then it would be allowed. However, a "stand alone" restaurant or group of restaurants not proposed as part of a primary permitted open space use and not intended to specifically serve the users of the primary use would not be allowed. Another example of a secondary permitted use is the retail sales of goods and products related to a primary permitted open space use. This would allow a shop that sells items related to the primary open space use to be developed in conjunction with and on the same site as the open space use. By so doing, the economic feasibility and economic benefit for the landowner to provide other community desired open space uses is enhanced. It is worth noting some of the examples of uses that more than 50% of the total community members participating in the process rated as "undesirable" and are not included on the recommended list of permitted uses. Although suggested by a number of individual community members, a city hall or "civic center" was rated overall as an undesirable use for trie lands. Other examples of uses considered undesirable for the lands included a professional sports stadium, a senior center and a golf course. The final list of community supported and recommended open space uses for the Cannon Road Agriculture and Open Space Lands are as follows: Primary Permitted Open Space Uses 1. Amphitheater 2. Aquarium 3. Art Gallery 4. Civic and Public Gathering Spaces (examples: public plazas, gazebos, art display area, sitting area, wedding areas, water features) 5. Community Learning Center 6. Community Meeting Center 7. Cultural Center 8. Dog Park 9. Gardens (public and private) (examples: botanical, rose, tea, meditation) 10. Habitat Preserves and Natural Areas 11. Historic Center 12. Museum 13. Parks (public and private) 14. Performing Arts Center 15. Picnic Areas 16. Sports or Recreation Center (public or private) (indoor or outdoor) (examples: tennis courts, athletic courts and fields, lawn bowling, swimming pools, boys and girls club) 10 - 17. Trails (examples: pedestrian, bicycle, nature, exercise, equestrian) Secondary Permitted Open Space Uses (allowed in conjunction with and on the same site as a primary permitted open space use) 1. Food Service, including restaurants and cafes 2. Retail Sales of Goods and Products Related to a Primary Permitted Use 3. Public Events and Activities Related to Promoting a Primary Permitted Use It is recommended that the community supported list of primary and secondary permitted open space uses be incorporated into the final land use and zoning documents prepared for the full implementation of. Proposition D. C. Guiding Principles for the Use of the Cannon Road Agriculture and Open Space Lands The purpose section of Proposition D states that the proposition is "intended to create a sustainable area that balances social, economic and environmental values important to the community" (Section 2.1 of Proposition D). In order to comply with the intent of Proposition D and ensure that the list of permitted agriculture and open space uses are appropriate for the Cannon Road Agriculture and Open Space Lands, a set of Guiding Principles was developed by community participants at the final, "Envisioning" workshop held on June 30, 2008. The Guiding Principles directly reflect input regarding the use of the lands provided by the community throughout the entire comprehensive planning and community engagement process. It is believed that if these Guiding Principles are followed, the community supported list of permitted uses will be developed on the lands in a manner which supports the community's desires, values and vision for the lands, and which will be consistent with Proposition D. The set of Guiding Principles is as follows: 11 Overarching Principles 1. Promote and support the continuation of agriculture for as long as it is economically viable for the landowner 2. Encourage public uses, access and community gathering places 3. Ensure that all uses address traffic, circulation and transportation impacts 4. Support the inclusion of open space uses that provide economic benefit to the property owners 5. Create a sustainable area, which means an area that contains open space uses that balance social, economic and environmental values important to the community Social Principles 1. Encourage open space uses that have a strong community orientation and that provide maximum opportunities for people to gather, interact and socialize 2. Create an area that is unique, vibrant and exciting by providing a diversity of open space uses 3. Integrate art, culture and history into the uses for the area Economic Principles 1. Recognize that the area consists of privately owned lands and that community desires for certain open space uses depend on economic feasibility and benefit to the property owners 2. Support uses and other incentives that economically benefit the continuation of agriculture including organic farming Environmental Principles 1. Balance natural open space uses with improved or developed open space uses 2. Protect and preserve existing natural habitats and consider the restoration of disturbed areas of habitat 3. Support public access to and along the south shore of the Agua Hedionda Lagoon at locations that minimize impacts to natural habitat 4. Provide safe walking and biking through trails and pathways that interconnect uses and sites in the area 12 Implementing Principles 1. Require the continued engagement of the community for input into uses and design of new development in the area 2. Require that the design of new development reflect human scale (size, height, bulk and massing of structures), protect the environment, provide for public use, access and community gathering spaces, and incorporate features that honor the historical significance of the area 3. Allow agriculture-related uses that are more commercially oriented (e.g. retail sales of products) in order to support the continuation of agriculture in the area 4. Allow open space-related uses that are more commercially oriented (e.g. amphitheater, performing arts center) in order to provide an economic benefit to the private property owners 5. Explore public-private partnerships as a means to bring community desired open space uses to the area It is recommended that the community supported set of Guiding Principles for the use of the Cannon Road Agriculture and Open Space Lands be made part of and serve as a foundation for preparing the land use and zoning documents needed to fully implement Proposition D. IV. REMAINING STEPS TO COMPLETE THE COMPREHENSIVE PLANNING PROCESS AND FULLY IMPLEMENT PROPOSITION D If the City Council accepts the recommendations resulting from the community engagement process, there are several steps remaining to complete the comprehensive planning process and fully implement Proposition D. Proposition D authorizes the City to make any amendments to existing land use and zoning documents as determined necessary by the City Council in order to reflect the results of the comprehensive planning process and ensure consistency between the General Plan, the Zoning Ordinance, and any other plans, policies or ordinances (Section 5.2 of Proposition D). There are existing land use and zoning documents that apply to the Cannon Road Agriculture and Open Space Lands that will need to be amended in order to reflect the recommendations. These existing documents include the Carlsbad Ranch Specific Plan (SP 207), the Encina Specific Plan (SP 144), the Mello II Local Coastal Program and the Agua Hedionda Coastal Land Use Plan. Once these existing documents are amended, the comprehensive planning process will result "in achieving complete General Plan, Zoning and Local Coastal Program consistency so that the full intent of the measure can be implemented by the City" (Section 5.3 of Proposition D). The community supported list of permitted agriculture and open space uses and the recommended set of Guiding Principles would be used as a foundation for preparing the necessary amendments to existing land use and zoning documents. Consideration will also be given to preparing a special zoning implementation document or designation (i.e. Overlay Zone) for the Cannon Road Agriculture and Open Space Lands. Consideration for this was also authorized by Proposition D if deemed necessary by the City Council (Section 5.2 of Proposition D). The purpose of creating a special zoning implementation tool for the lands would be to capture the unique aspects of the community's recommendations for the lands that may not apply to other areas of the city zoned for Open Space (OS). For example, as reflected in the Guiding Principles, there is a strong desire by the community to have any 13 open space uses on the lands provide extensive public access and allow for public use and gathering places. Also, there is a strong desire to continue to engage the community in an enhanced manner that exceeds the normal process when proposals are submitted for development on the lands. An example of a special zoning implementation document for the Cannon Road Agriculture and Open Space Lands that included the types of topics or zoning matters that could be included in the document was presented at the final community workshop and is attached to this report. Any amendments to existing land use and zoning documents or the creation of any new zoning documents to complete the comprehensive planning process to fully implement Proposition D will require a subsequent public process with formally noticed public hearings and environmental review. Public hearings at the Planning Commission and the City Council will be held. Additionally, any amendments to the City's Local Coastal Program to fully implement the proposition will need to be reviewed and approved by the California Coastal Commission. This subsequent, ongoing public process will provide the opportunity for continued community engagement and allow citizens, the property owners and other community members to continue to participate and provide input in completing the full implementation of Proposition D. LIST OF PERMITTED USES • Agriculture • Open Space • Primary • Secondary GUIDING PRINCIPLES • For Development of Permitted uses • Creating the Vision ZONING/ENABLING DOCUMENTS • Use Guiding Principles • Standards, Conditions and Procedures For Permitted Uses VISION ACHIEVEMENT • How Can The Community Working With The Property Owners Make The Vision A Reality? 14 MEMBERS OF CITIZENS LIAISON COMMITTEE Bill Dominguez Sandra Boddy - Alternate Diane Lantz Mark Winkler Gary Hill Jim Comstock Pat Kurth Farrah Douglas PARTICIPATING STAFF MEMBERS Sandra Holder, Community Development Director Gary Barberio, Assistant Planning Director Cynthia Haas, Economic and Real Estate Manager Mark Steyaert, Park Development Manager Barbara Nedros, Administrative Secretary PARTICIPATING CONSULTANTS Lewis Michaelson, Katz and Associates Michael Holzmiller, Holzmiller Planning 15 ATTACHMENT 1 EXAMPLE OF ZONING IMPLEMENTATION DOCUMENT CANNON ROAD AGRICULTURE AND OPEN SPACE OVERLAY ZONE SECTION 1 INTENT AND PURPOSE SECTION 2 PERMITTED USES SECTION 3 GUIDING PRINCIPLES FOR PERMITTED USES SECTION 4 PUBLIC USE AND ACCESS SECTION 5 DEVELOPMENT/DESIGN STANDARDS SECTION 6 REQUIREMENT FOR SITE DEVELOPMENT PLAN SECTION 7 COMMUNITY INVOVEMENT PROCESS U) 16 1 RESOLUTION NO. 2008.269 2 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, DIRECTING STAFF TO PREPARE AND , PROCESS THE ZONING AND RELATED LAND USE DOCUMENT AMENDMENTS NECESSARY TO 5 REFLECT THE RECOMMENDATIONS CONTAINED IN THE REPORT ON THE COMPREHENSIVE PLANNING 6 AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D FOR THE CANNON 7 ROAD AGRICULTURE AND OPEN SPACE LANDS. 8 WHEREAS, the City of Carlsbad, California, has conducted a comprehensive 9 planning process with broad community participation and input to fully implement 10 Proposition D approved by the voters on November 7, 2006 as the "Preserve the Flower 11 and Strawberry Fields and Save Carlsbad Taxpayers Money" proposition, and 12 WHEREAS, a Report on the Comprehensive Planning and Community 13 Engagement Process to Implement Proposition D for the Cannon Road Agriculture and 14 Open Space Lands was prepared, and 15 WHEREAS, the report contains community-supported recommendations for the 16 lands in order to fully implement Proposition D, and 17 WHEREAS, The City Council has reviewed and accepted the report including the 18 recommendations contained therein, and 19 WHEREAS, to complete the comprehensive planning process and fully 20 implement Proposition D to reflect the community-supported recommendations 21 contained in the report, it will be necessary to prepare and process amendments to 22 existing zoning and related land use documents applicable to the lands, and 23 WHEREAS, the City Council has determined its intention to have these existing 24 zoning and land use documents amended as necessary to complete the process and 25 achieve full implementation of Proposition D on the Cannon Road Agriculture and Open 26 Space Lands. 27 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 2 Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 2. It adopts this resolution to state its intention to amend any existing zoning and 5 related land use documents to reflect the recommendations contained in the Report on 6 the Comprehensive Planning and Community Engagement Process to Implement 7 Proposition D for the Cannon Road Agriculture and Open Space Lands, dated 8 September 23, 2008. 9 3. That the City Council directs the Planning Director, pursuant to CMC Chapter I o 21.52, to prepare and process the necessary amendments to existing zoning and I1 related land use documents applicable to the lands in order to complete the 12 comprehensive planning process and achieve full implementation of Proposition D. 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// - 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad held on the 23rd day of September, 2008, by the following vote to wit: AYES:Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: ..WOOD, CityClerkO %<£x° A EXHIBIT 12 CITY OF ^CARLSBAD ERRATA SHEET FOR AGENDA ITEM #3 Memorandum December 1, 2010 To: Planning Commission From: Gary T. Barberio, Community and Economic Development Director Re: Errata Sheet for Agenda Item #3 - ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - Prop D - Cannon Road Agricultural and Open Space Lands Since publication and release of this Planning Commission agenda item, staff discovered several corrections that need to be made, which are shown below as double strikethrougk for deleted text and bold double underline for added text. Revise staff report page 14, sentence 6 of the last paragraph to read as follows: "With approval of the proposed LCP amendment the property located on the north side Cannon Road is ««* now subject to this program." Revise Resolution Number 6737, Exhibit "B," third page (labeled pg. "18"on exhibit) as follows: Revise Policy 2. 1 to read as follows: 2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, and the policies of this plan. Conversion of agricultural property to non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. Revise Policy 2.3 to read as follows: 2.3 Conversion of the 45-acre SDG&E south shore property shall be subject to the following conditions: a) Prior to development SDG&E shall record a permanent open space easement over the remaining agricultural lands in favor of the City of Carlsbad. Said easement shall limit uses to agriculture, utility right of-way and maintenance, roadways, and recreation trails that do not interfere with agricultural operations and other open space uses subject to the provisions of the Cannon Road Agricultural/Open Space Zone. Conversion of these remaining lands to non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. Community & Economic Development 1635 Faraday Ave. Carlsbad, CA 92008 760-602-2710 I 760-602-8560 fax Errata Sheet for Agenda Item #3 - ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - Prop D - Cannon Road Agricultural and Open Space Lands December 1, 2010 Page 2 b) SDG&E shall provide a written report demonstrating to the satisfaction of the City, that preservation of the site is not necessary to assure reasonable expansion opportunities for the Encina Power Plant in accordance with Coastal Act Section 30413(b), and that future expansion could reasonably be accommodated at the present power plant site. Said report shall be a requirement of a future specific development plan for the property. c) Prior to issuance of a permit for development of the parcel, the owner shall make a portion of the site available for development as a public recreational use if the City finds that current or future recreational needs require the development of such uses in the south shore portion of the Land Use Plan area. d) In the event that the Carlsbad Local Coastal Plan is amended to allow for a City sponsored agricultural program, SDG&E may apply for inclusion in the amended program. Development of the parcel with non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. EXHIBIT 13 Planning Commission Minutes December 1,2010 Page 4 Chairperson Douglas closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next item. 3. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Zone Change to add and enact Chapter 21.209 - Cannon Road- Agricultural/Open Space (CR-A/OS) Zone and amend Chapters 21.05 - Zone Establishment Boundaries and 21.06 - Qualified Development Overlay (Q) Zone; a Local Coastal Program Amendment to the Agua Hedionda and Mello II Segments of the Local Coastal Program Land Use Plan to ensure consistency between the LCP and the provisions of the new zone; and amend the Carlsbad Ranch Specific Plan - SP 207(1) and Specific Plan 144(K) to incorporate the provisions of the new Zoning Classification. The project affects approximately 244 acres of land generally located north of Palomar Airport Road, along the north and south sides of Cannon Road, east of the I-5 Freeway and west of Faraday Avenue within the northwest quadrant of the City in Local Facilities Management Zone 13. Chairperson Douglas recused herself from the dais due to a conflict of interest. Mr. Neu introduced Agenda Item 3 and stated Community and Economic Development Director Gary Barberio would make the Staff presentation. Vice Chairperson L'Heureux opened the public hearing on Agenda Item 3. Mr. Barberio gave a detailed presentation and stated he would be available to answer any questions. Vice Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Montgomery asked where the secondary allowable uses to encourage agriculture would be in the approval process. Mr. Barberio stated there will be two permit regulations built into this new chapter. First, there is a use permit, which can be an administrative Minor Conditional Use Permit (MCUP) or a regular Conditional Use Permit (CUP), and both of those are for uses. Secondly, there is a Site Development Plan (SDP) which is for the physical construction of a site. The SDP provisions in the new chapter exempt minor instances, i.e. there is a building size threshold to which an SDP can be approved administratively or by the Planning Commission. Commissioner Montgomery asked if the City's regulations regarding architecture, parking and signage, will still be applicable to projects that will be approved administratively. Mr. Barberio stated that most of the uses allowed in the City's open space zone are by use permit. Because there is such diversity in the types of uses, there is not a great deal of development standards built into that chapter; it is achieved through the use permit process. From the final report and as a part of this ordinance, there were recommendations for development standards which were incorporated into this new chapter. There are also the regulations and standards used through a Conditional Use Permit and a Site Development Plan. Commissioner Schumacher stated that prior to his appointment to the Planning Commission, he had previously pursued an interest in the property currently owned by the Charles Companies; however nothing came out of it. Commissioner Schumacher commented about a building in San Marcos on Twin Oaks Valley Road. Commissioner Schumacher stated that the two story office building is placed in the middle of a residential area of ranch homes and it was allowed because the space is used to grow mushrooms. Commissioner Schumacher asked if a similar situation would be allowed with this property with this new zone change, and further asked what would happen to a building if a use, such as the one in San Marcos, goes out of business. Mr. Barberio stated that use would be considered an agricultural use and it would be allowed by right. The structure that the use is housed in, given its size, would need a Site Development Plan to be approved by the Planning Commission, and the Planning Commission would have discretionary decision-making authority in regards to the design of the building. Planning Commission Minutes December 1,2010 Page 5 Commissioner Dominguez asked, with the given example, if the Planning Commission would be the final decision making body or if the Commission would be acting in an advisory capacity to the City Council. Mr. Barberio stated the Commission would be the final authority unless appealed. Mr. Barberio further commented there are development and design standards, intent and purpose language, and the guiding principles which came out of the final report, and there are findings that need to be made regarding compatibility for a site development plan. In regards to a business going out, the structure could then only be used by the allowed uses that are permitted or conditionally permitted per the zone. It could possibly be another agricultural use or even converted to an allowed open space use. Mr. Barberio stated there could be conditions included in a Site Development Plan approval to include some kind of "conversion" language. Commissioner Baker asked about the size of a building that can be permitted without a Site Development Plan. Mr. Barberio explained that the ordinance is broken down into two sections, agricultural and open space. For agricultural uses other than a greenhouse, Mr. Barberio stated the threshold is 2,000 square feet or less, and if it is a greenhouse, the threshold is 10,000 square feet or less. For open space uses, the threshold is 1,000 square feet or less for a structure, and for open structures such as a shade structure the threshold is a cumulative area of 1,000 square feet or less. Commissioner Nygaard asked about the permitted uses in the open space section of the report, specifically private parks. Mr. Barberio stated it would not be an amusement park but it could be perhaps a "pay-to-play" park or a private ball field. Vice Chairperson L'Heureux asked if the Agricultural Mitigation Fee applies to all three parcels or to just the SDG&E parcel. Mr. Barberio stated it applies to all three parcels. Commissioner Montgomery asked about the access roads below Cannon Road and if there is any possibility this project area would be considered for a nine-hole golf course as previously proposed. Mr. Barberio stated there are undercrossings that were put into place when the roads were built, and according to the original Carlsbad Ranch Specific Plan for the two properties on the south side of Cannon Road the primary allowed use, as it existed prior to the passing of Proposition D, was golf. However, through the community outreach process, golf was not one of the uses that made it onto the final list. Vice Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Clif Williams, Latham Watkins, 600 W. Broadway, San Diego, representing the Charles Company, owners of Site 3, requested that cemeteries and professional care facilities be added to the list of allowable uses. Commissioner Nygaard asked if the idea of a cemetery was submitted to the Prop D Committee. Mr. Williams stated no. Ron Halley, RH Properties, 1151 Dove Street Suite 175, Newport Beach, development consultant for the Charles Company, stated that over the past two years they have encountered the difficulty of the viability of agriculture without some sort of ancillary facility. Mr. Halley stated a senior care facility is not a residential facility, it is a commercial facility. He stated he would like to see that use as an option, as well as an option for cemetery, instead of those uses being precluded. Chris Calkins, president of Carltas, 5600 Avenida Encinas #100, Carlsbad, stated his goal is to try to make this work and he is cautiously optimistic for its success. He feels the uses for agricultural have to be different than what one would find in other states. It has to have a mix of the values of agriculture, the activity related to agriculture, along with other things that provide the public access to those uses. Vice Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony. Vice Chairperson L'Heureux asked if there were any further questions of Staff. Planning Commission Minutes December 1,2010 Page 6 Vice Chairperson L'Heureux asked if the Commission has the ability to add uses to the list. Ms. Mobaldi stated the Commission can recommend additional uses to the Council. Commissioner Nygaard asked if cemeteries and professional care facilities are considered commercial uses and if commercial uses are prohibited. Mr. Barberio stated professional care facilities are considered a commercial use and Proposition D states "...prohibit commercial and industrial type uses in the area other than those normally associated with farming operations and open space uses." Mr. Barberio stated that in a written response to the Charles Company's request, Staff advised that a professional care facility would not be consistent with Proposition D, and it also was not included in the list of uses that came out of the recommendations from the community outreach process; therefore, Staff could not support that use as a recommendation to the Planning Commission. Commissioner Dominguez asked if a community agricultural garden would be allowed. Mr. Barberio stated yes. Mr. Barberio stated that cemeteries did not make the list from the community outreach process, but in his opinion, were not consistent with Proposition D. Cemeteries are allowed citywide in the open space zones with a Conditional Use Permit. Mr. Barberio commented on the guiding principles of the final report, and the idea of the open space uses were to encourage public uses and to provide public access and community gathering places. He further stated that in some ways cemeteries are consistent with the guiding principles and in some ways it may not be. The Commission could recommend to the City Council that the use be added to list of allowable uses. Mr. Barberio commented that the Charles Company purchased the property just weeks before the election for Proposition D. Prior to Proposition D, the only uses allowed for the property were the proposed nine-hole golf course and agricultural uses. No other open space uses were allowed. Other representatives from the Charles Company did participate in the community outreach process and did attend most, if not all, of the meetings. Mr. Barberio stated that neither the professional care facility use nor the cemetery use was suggested during those meetings. Ms. Mobaldi stated that neither the state nor the federal Fair Housing Acts mandate that the Commission allow professional care facilities in this zone. The Fair Housing Act prohibits disparate treatment of disabled persons. In this particular situation, the City is treating everyone the same in that the City is not allowing professional care facilities, whether deemed commercial or residential, in this particular zone. Professional care facilities are allowed in and provided in other zones in the City including residential zones. Commissioner Nygaard asked if an applicant could move forward with a Conditional Use Permit for a proposed use that was not specifically included in the list. Mr. Barberio stated the list of allowed uses, both primary and secondary for agricultural and for open space, are the only uses that would be allowed. The type of permit that is necessary, whether the use is allowed by right or by use permit, is also specified. If the use is not in the table or the use cannot be found to be substantially similar to a use that is in the table through Planning Director interpretation or Planning Commission interpretation, then the use would not be allowed. A zone code amendment would have to be approved to propose adding a use to the table. Commissioner Dominguez asked if all the guidance is provided for in Tables A, B, and C. Mr. Barberio stated yes. Commissioner Baker asked if uses such as a bed and breakfast which was agriculturally driven, would be allowed as long as there is a nexus to the agriculture. Mr. Barberio stated there was a series of meetings with the Prop D Committee and the community where a very large list was narrowed down to a small list. The list of proposed, permitted uses, by right or by use permit, reflects what the final report recommended. Mr. Barberio stated there is the provision included in the ordinance where if a proposed use is substantially similar to a use that is in the table, the Planning Director can make the interpretation. Mr. Barberio further explained that there are other secondary agricultural uses which require a minor use permit such as other accessory or related uses which promote the continuation of primary permitted agricultural use as determined by the Planning Director. If a use was proposed that is not on the list, Staff Planning Commission Minutes December 1,2010 Page 7 would look at the intent and purpose of the zone and the guiding principles of the zone, and make a determination. DISCUSSION Commissioner Montgomery stated that he understands agriculture by itself will not work alone so there needs to be ancillary uses. He stated he would like to see the list of allowable uses expanded. Commissioner Montgomery further stated he would be supportive of cemeteries being included as an allowed use. He also commented that golf should be an allowed use and that the market should dictate whether or not it is a viable option. Mr. Barberio stated that cemeteries are allowed by use permit in the open space zones elsewhere in the City. In regards to golf, Mr. Barberio stated that topic was thoroughly discussed during the community outreach process and was not included in the final report. Commissioner Schumacher stated he agrees with the comments from Mr. Calkins. In regards to the professional care facility, he agrees with it not being included in the list. Commissioner Schumacher stated he is not in favor of adding any more uses to the list at this time. He also applauded staff for their hard work with this project. Commissioner Baker also thanked staff as well as the community for all the time and work put into this project. She further stated her concurrence with Commissioner Schumacher regarding adding any more uses at this point. Commissioner Dominguez stated staff has done an admirable job with this project. He stated his concurrence with his fellow Commissioners regarding not adding uses. Commissioner Nygaard stated her concurrence with her fellow Commissioners. She also thanked staff for all the work done with the project. Vice Chairperson L'Heureux also stated his agreement with his fellow Commissioners. He further acknowledged staff's hard work with this project and stated that this is not the right time or place to make any changes to the list of allowable uses. MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission adopt adopt Planning Commission Resolution No. 6734 recommending adoption of a Negative Declaration and adopt Planning Commission Resolutions No. 6735, 6736, 6737, 6738, and 6739 recommending approval of a Zone Code Amendment (ZCA 09-02), Zone Change (ZC 09-06), Local Coastal Program Amendment (LCPA 09-05), Specific Plan Amendments SP 207(1) and SP 144(K) subject to the findings contained herein including the errata sheet dated December 1,2010. VOTE: 6-0-1 AYES: Vice Chairperson L'Heureux, Commissioner Baker, Commissioner Dominguez, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: ABSENT: Chairperson Douglas ABSTAIN: Vice Chairperson L'Heureux closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. EXHIBIT 14 Karen Kundtz From: Gary Barberio Sent: Wednesday, May 18, 2011 2:45 PM To: Lisa Hildabrand; Lorraine Wood; Karen Kundtz Cc: John Coates; Sheila Cobian Subject: FW: May 24 Agenda Item The email letter below came in today - is it still possible to attach to the Prop D Agenda Bill for 5/24? If not, can copies be distributed separately? Thanks - GTB Gary T. Barberio Community & Economic Development Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2710 off (760) 602-8560 fax Gary.Barberio@ carlsbadca.gov —Original Message— From: Barbara Kennedy Sent: Wednesday, May 18, 2011 2:32 PM To: Gary Barberio Subject: FW: May 24 Agenda Item —Original Message— From: Peter [mailto:pgmcal@san.rr.com] Sent: Wednesday, May 18, 20119:18 AM To: Council Internet Email Cc:Barbara Kennedy Subject: May 24 Agenda Item Dear Mayor and Council, You are urged to adopt the proposed Cannon Agricultural/OpenSpace Zone at your May 24 meeting. I regret prior travel commitments prevent me from enjoying one of my favorite activities-having an opportunity to speak before you on ag issues. Of particular potential benefit to the sustainability of our strawberry farm is the ability to have adequate signage in support of our direct marketing. Direct marketing through our farm stands and u-pick provides better pricing than wholesale deliveries to grocery and specialty stores in San Diego County. In order to meet the escalating costs associated with production we have reduced our planting this past season from 60 acres to 40 acres. Direct marketing is now a larger percentage of the harvest and now at a level we hope will be sustainable. The potential to get more customers to visit the farm and make a purchase is the urgent goal. Having effective signage is so crucial. I am confident we can erect semi-permanent signs, under an approved code, that the community will find interesting and attractive. Growing the direct marketing portion of the farm has real implications for sustainability. Perhaps the Council should consider directing Agricultural Mitigation Funds to supporting ag-tourism both with useful infrastructure and informational outreach. While not able to be with you on the 24th you can reach me before or after by email or phone at 619-548-7267 should you have any questions. Thank you for your continuing support of agriculture in our community. Peter Mackauf General Manager Carlsbad Strawberry Company Kira Lin berg From: Sent: To: Cc: Subject: Peter [pgmcal@san.rr.com] Wednesday, May 18, 2011 9:18 AM Council Internet Email Barbara Kennedy May 24 Agenda Item (fW) %r 5f<a.y-[(( 3fe*^ Dear Mayor and Council, You are urged to adopt the proposed Cannon Agricultural/OpenSpace Zone at your May 24 meeting. I regret prior travel commitments prevent me from enjoying one of my favorite activities-- having an opportunity to speak before you on ag issues. Of particular potential benefit to the sustainability of our strawberry farm is the ability to have adequate signage in support of our direct marketing. Direct marketing through our farm stands and u-pick provides better pricing than wholesale deliveries to grocery and specialty stores in San Diego County. In order to meet the escalating costs associated with production we have reduced our planting this past season from 60 acres to 40 acres. Direct marketing is now a larger percentage of the harvest and now at a level we hope will be sustainable. The potential to get more customers to visit the farm and make a purchase is the urgent goal. Having effective signage is so crucial. I am confident we can erect semi-permanent signs, under an approved code, that the community will find interesting and attractive. Growing the direct marketing portion of the farm has real implications for sustainability. Perhaps the Council should consider directing Agricultural Mitigation Funds to supporting ag-tourism both with useful infrastructure and informational outreach. While not able to be with you on the 24th you can reach me before or after by email or phone at 619-548-7267 should you have any questions. Thank you for your continuing support of agriculture in our community. Peter Mackauf General Manager " Carlsbad Strawberry Company DatP' "S"//^ /// Distribution: City Clerk ^ Asst. City Clerk ^ Deputy Clerk ^ Book ^ Lisa Hifdabrand All Receive-Agenda Item #J For the Information of the: From: Sent: To: Subject: Debbie Fountain Monday, May 23, 2011 12:14 PM Lisa Hildabrand; Ron Ball Follow Up on Council question Asst. ^ Hi Lisa. As a follow up to a councilmember question on the proposed amount for the increase of the housing credit price per year, the following additional information is provided. The current Council policy which was originally established for Villa Loma indicates the following formula for setting the housing credit price: Local financial contribution (see definition below) divided by the number of affordable housing credits = unit price of affordable housing credit* The unit price is to be adjusted with the addition of interest. (This requirement could be interpreted to mean that accrued interest is added to the total financial contribution and adjusted accordingly each year only if there is accrued interest - as is done for Villa Loma; or, that the unit price is adjusted each year with the addition of interest at a designated rate - as proposed for Cassia Heights). Local financial contribution is to consist of all city financial assistance provided to the project (either as loans or expenditures for land including accrued interest on such amount for the period of time they are outstanding) as well as the local developer contribution to the project provided in order to satisfy an affordable housing obligation. In the case of the local developer contribution, there were $0 for the Cassia Heights project. Staff has suggested a set interest rate equal to the loan interest rate of 3%. Other options for adjusting the unit price with interest added include: 1. Determine the interest rate to be equal to CPI (which will vary each year) 2. Determine the interest rate to be equal to the City's investment rate in the prior annual period (which will vary each year) 3. Determine interest rate according to Council's desire for an appropriate return on investment Let me know if the Council would like to discuss these additional options Debbie Fountain Housing and Neighborhood Services Director 2965 Roosevelt Street, Suite B Carlsbad, Ca. 92008 Website: www.carlsbadca.gov P:(760) 434-2935-Direct P:(760) 434-2811-Office F:(760) 720-2037 - Fax E: debbie.fountain@carlsbadca.gov Date: Distribution: City Clerk Asst. City Clerk Deputy Clerk Book All Receive- Agenda Item #_TS_ For the Information of the: CITY COUNCIL Asst. anager LATHAM&WATKINS^p 600 West Broadway, Suite 1600 San Diego, California 82101-3375 Tel: +1.619.238.1234 Fax: +1.619.696.7419 www.lw.com FIRM /AFFILIATE OFFICES May 19,2011 Abu Dhabi Barcelona Beijing Boston Brussels Chicago Doha Dubai Frankfurt Hamburg Hong Kong Houston London Los Angeles Madrid Milan Moscow Munich New Jersey New York Orange County Paris Riyadh Rome San Diego San Francisco Shanghai Silicon Valley Singapore Tokyo Washington, D.C.Hon. Mayor and City Councilmembers c/o Gary Barberio, Director Community & Economic Development Department F||eNo 0473gB_0006 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Proposition D Implementation Ordinance Dear Hon. Mayor and Councilmembers: Thank you for the opportunity to provide additional input on the Cannon Overlay Ordinance ("Ordinance") which will implement Proposition D. As noted in our previous communication, we represent the Charles Company, the owner of Site 3 covered by the Ordinance. First, we would like to support the changes in the Ordinance that have been made since the March 15, 2011 City Council workshop. The Ordinance now includes a reasonable procedure for proposing uses to the City Council which are consistent with the goals of Proposition D, but which may not appear in the Ordinance's Table A Use Table. We believe that this process will provide the City and property owners the flexibility to comply with the ordinance, while adapting to the ever changing market. Second, we appreciate the City Council's discussion of a potential vineyard use in the Cannon Overlay area that would integrate secondary, accessory uses like a tasting room, restaurant, and hotel, to support the continued primary agricultural use of the vineyard. During the workshop, Mayor Hall asked if a hotel and restaurant could be integrated into the primary agricultural use of the vineyard, and Mr, Barberio indicated that this type of accessory use would be consistent with the Ordinance. We appreciate this clarification of the Ordinance. We would request that the Council clarify, during the City Council hearing, that these accessory uses would fit within the Ordinance's Table A Permitted Uses as "other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning Director." Thank you for the opportunity to provide input throughout the Proposition D implementation process. We have appreciated the communication and professional engagement SDY787956.1 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a reside the County aforesaid: I am over the age of eigl years and not a party to or interested in the al entitled matter. I am the principal clerk of the p of North County Time Formerly known as the Blade-Citizen and The T Advocate and which newspapers have adjudicated newspapers of general circulation b Superior Court of the County of San Diego, Sta California, for the City of Oceanside and the Ci Escondido, Court Decree number 171349, for County of San Diego, that the notice of whicf annexed is a printed copy (set in type not smaller nonpariel), has been published in each regular entire issue of said newspaper and not in supplement thereof on the following dates, to-wit: May 14th, 2011 I certify (or declare) under penalty of perjury th< foregoing is true and correct. Dated at Escondido, California On this 16th, day of May; 2Q11 Proof of Publication of Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN- to you, because your, interest may be affecfe< that the City Council of the City of Carlsbad will hold a public hearing at th Council Chambers, 1200 Csrlsbad Village Drive, Carlsbad, California, at 6:0 p.m. on Tuesday/ May, 24, adit , to: consider adopting a Negative Declaratibi and approving • Zone. Cod* Amendment and Zone Change to add and enai Chapter 21.209 - Cannon Road-Agricultural/Open Space (CR-AIOS) Zone and amend Chapta 21.05 - Zone Establishment Boundaries and 21.06- Qualified Development Overlay (Q) Zone; a Local Coast! Program Amendment to the Agua H«dlonda and Meilo if Segments of the Local Coastal Program Lan Use Plan to ensure consistency between th* LCP and, trie provisions of the new zone; amend the Carlsba Ranch Specific Plan - SP 207(1) and Specific PWn 144(K) to incorporate the provisions of the new Zonirj Classification; and adopt a minor site development plan application fee. The project affects approximate 244 acres of land generally located north of Palomar Airport Road, along the north and south sides a Cannon Road, east of the 1-5 Freeway and west bf Faraday Avenue within the northwest quadrant of the Citj in Local Facilities Management Zone13. ' j Whereas, on December 1, 2010 the City of Carlsbad Planning Commission voted 6-0-1 to recommem adoption a Negative Declaration, and recommend approval of a Zone Code Amendment and Zone Change t( add and enact Chapter 21.209 - Cannon Road-Agricultural/Open Space (CR-AIOS) Zone and amend Chapter 21.05 - Zone Establishment Boundaries and 21.06 - Qualified Development Overlay (Q) Zone; a Local Coasts Program Amendment to the Agua' Hedionda and Mello II Segments of the Local Coastal Program Land USi Plan to ensure consistency between the LCP and the provisions of the new zone; and amend the Carlsbaj Ranch Specific Plan - SP 207(1) and Specific Plan 144(K) to Incorporate the provisions, of the new Zoninj Classification. The project affects approximately-244 acres of land generally located north of Palomar Airpoj Road, along the north and south sides of Cannon Road, east of the 1-5 Freeway and west of Faraday Avenii within the northwest quadrant of the City in Local Facilities Management Zone, 13, Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies j the agenda bill will be available on and after May 20,2011. If you have any question), please contact Barbai Kennedy in the Planning Division at (760) 602-462$ or barbaniiiecnnedyOcarlsbadca.gov. ' ; If you challenge the Zone Code Amendment;; Zone, Change, Local Coastaj Program Amendment and/3 Specific Plan Amendments in court, you may be limited to raising only those issues you or someone elsj raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K) CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND' OPEN SPACE LANDS AND ADOPTION OF A MINOR SITE DEVELOPMENT PLAN APPLICATION FEE PUBLISH: May 14, 2011 CITY OF. CARLSBAD CITY COUNCIL easy reel Use Avery® TEMPLATE 5160®Paper instruction sneei j for Easy Peel Feature^ BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENVSERVDIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 N ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY PETER MACKAUF 1205 AVIARA PARKWAY CARLSBAD, CA 92009 CHRIS CALKINS 5600 AVENIDA ENCINAS # 100 CARLSBAD, CA 92008 CARLSBAD RANCH CO 5600 AVENIDA ENCINAS # 100 CARLSBAD, CA 92008 WINTER RAY R & CONSTANCE L M REVOCABLE TRUST 1909MEADOWRD WALNUT CREEK, CA 94595 RUTH LOVE, PRINCIPAL REAL ESTATE ADVISOR SDG&E 8335 CENTURY PARK COURT, CP 11D SAN DIEGO, CA 92123-1569 MIKE HOWES HOWESWEILER & ASSOCIATES 5927 BALFOUR CT, STE 202 CARLSBAD, CA 92008 CHARLES COMPANY ARMAN GABRAY 9034 WEST SUNSET BLVD WEST HOLLYWOOD, CA 90069 CLIP WILLIAMS, LAND USE ANALYST LATHAM & WATKINS 600 WEST BROADWAY, STE 1800 SAN DIEGO, CA 92010-3375 PAT O'DAY 2710 LOKER AVE. W., STE. 100 CARLSBAD CA, 92010 / /' f Ron Halley RH Properties 1151 Dove Street, Ste 175 Newport beach, CA 92660 wwawawajyoown "Bts BQHH,.„..•fog^RSJ&PepIi OCCUPANT 5600 PASEO DEL NORTE STE 125A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 126A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 127A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 128A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 130A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 133A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 135A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 137A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 136A CARLSBAD,.CA 92008 / * OCCUPANT 5600 PASEO DEL NORTE STE 138A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 139A CARLSBAD, CA 92008 OCCUPANT 5600 PASEO DEL NORTE STE 140A CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 100B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 103B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 108B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 106B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 105B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 112B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE HOB CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 113B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 114B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 115B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 116B CARLSBAD, CA 92008 OCCUPANT 5610 PASEO DEL NORTE STE 117B CARLSBAD, CA 92008 OCCUPANT 5630 PASEO DEL NORTE STE 100D CARLSBAD, CA 92008 OCCUPANT 5630 PASEO DEL NORTE STE 103D CARLSBAD, CA 92008 OCCUPANT 5630 PASEO DEL NORTE STE 104D CARLSBAD, CA 92008 OCCUPANT 5630 PASEO DEL NORTE STE 106D CARLSBAD, CA 92008 OCCUPANT 5630 PASEO DEL NORTE STE 107D CARLSBAD, CA 92008 OCCUPANT 5630 PASEO DEL NORTE STE 108D CARLSBAD, CA 92008 3ep!iez d !a hachure af in de j »eveler le rebord Pop-UprM ! 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ASSN U C/O CHRIS C CALKINS 5600 AVENIDA ENON7AS #100 CANNON ROAD EAST LLC WESELOH CHEVROLET CO 5335 PASEO DEL NORTE CARLSBAD CA 92008 C B RANCH ENTERPRISES 5600 AVENIDA ENCINAS #100 CARLSBAD CA 92008 GRAND PACIFIC CARLSBAC 5900 PASTEUR CARLSBAJ>etf92008 A #1100 REK A B PROPERTIES 591 CAMINO DE SAN STELLAR PROPERTIES LLC 6030 AVENIDA ENCINAS #220 CARLSBAD CA 92011 M&A GABAEE C/O RON GRAVES 6747 FRIARS RD #130 SAN DIEGO CA 92108 HOEHN GROUP LLC C/O GLORIA RADIKER 5454 PASEO DEL NORTE CARLSBAD CA 92008 BOI PACIFIC RIDGE INC C/O LYNN MINNICI P 0 BOX 121604 ARLINGTON TX 76012 OC/SD HOLDINGS LLC 9200 E PANORAMA CIR #400 ENGLEWOOD CO 80112 GRAND PACIFIC 5900 PASTEUR i NAT'L ASSN OF MUSIC MERCHANTS INC C/O LARRY MANLEY 5790 ARMADA DR CARLSBAD CA 92008 HELIX LAND CO LTD C/O GREGORY T LAMBRON P 0 BOX 15453 SAN DIEGO CA 92175 CITY OF CARLSBAD PUBLIC AGEN SAN DIEGO GAS&ELECTRl CALIFORNIA STAI&-AStESSED 00000 SAN DIEGO GA.S&ELECTRICJ CALIFORNIA STATE ASSESSED 00000 Etiquettes faciles £ peler Saksde s &v&«nf0ftient Repliez a la hachure afin de j reveler le rebord Pop-Up™ ' Consultez la fetfWflW-avennttKW.avery.com! tasy reel Use Avery® TEMPLATE 5160®j^Feed Paper see instruction bneet j for Easy Peel Feature^IAVERY®5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITA5 505SVULC CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.UA. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANJ STEB 5201 "'EGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B ST SAN-DITfGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 .^-^ 7575 METROPetTTAN DR SAhUatEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER STEVE MACIEJ - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille destruction www.avery.com 1-800-GO-AVERY Agua Hedionda Lagoon SITEMAP NOT TO SCALE Prop D - Cannon Road AG/OS Lands ZCA 09-02 / ZC 09-06 / LCPA 09-05 ISP 207(1) / SP 144(K) Prop D – Cannon Road Agricultural and Open Space Lands Prop D –Adopted November 7, 2006 PropDBackgroundProp D Background•(Permanently) preserved lands as OSFthttdth“FlFi ld ”•Further protected the “Flower Fields”•Supported and encouraged the continuation of agricultureforaslongaseconomicallyviableagriculture for as long as economically viable •Only allowed certain open space uses if agriculture ceasesg•Prohibited residential uses •Required a comprehensive public input and participation process Comprehensive Planning ProcessbNovember 2007­June 2008•CommunityConversations•Community Conversations•Continued Conversations •On‐line Survey•“Synthesis”WorkshopSynthesis Workshop•Final Public Outreach Workshop•Result: FINAL REPORT StepstowardsImplementationSteps towards Implementation •City Council accepts Final Report (Sept 2008) ypp(p)•Staff drafts ordinance and associated implementation documents  & works with farmers and landowners•Planning Commission recommends approval of new zone and related actions (December 2010)()•City Council Workshop (March 2011) ActionsforConsiderationActions for Consideration•Amend Zoning Ordinance: –add new Cannon Road –Agricultural/Open Space (CR‐A/OS) Zone–modify “Q” Overlay Zone to allow Minor Site Development Plan•Amend Zoning Map:ld/–rezone lands as CR‐A/OS•Amend Specific Plans:–Carlsbad Ranch Specific Plan ‐SP 207(I) EiSifiPlSP144(K)–EncinaSpecific Plan ‐SP 144(K)•Local Coastal Program Amendment:–Mello II  and Agua Hedionda Segments IncorporateamendedLCPlandusedocuments–Incorporate amended LCP land use documents•CEQA Review:–Negative Declaration•EstablishaMinorSiteDevelopmentPlanFee•Establish  a Minor Site Development Plan Fee Provisions of the CR­A/OS Zone1.Promotes the Continuation of Agriculture•Allows Primary and Secondary Agricultural Usesllfhl2.Allows for Open Space Uses when Agriculture ceases to be economically viable•AllowsPrimaryandSecondaryOpenSpaceUses•Allows Primary and Secondary Open Space Uses3Outlines“GuidingPrinciples”forlanduses3.Outlines Guiding Principles for land uses•Overarching, Social, Economic, Environmental and Implementing Principles  Key components of the Cannon Road ll/Agricultural/Open Space Zone•Implements all of the Final Report recommendations•Streamlines the review process for certain uses and/or development types•Includes limited development and design standards•Includes a pre‐submittal community input process Post­Planning Commission dfd­Modifications and Fee•Minor revisions to the draft CR‐A/OS Zone ordinance including:–additional uses and flexibilityy–minor changes requested by SDG&E–minor clean‐up itemsp•EstablishaMinorSiteDevelopmentPlan•Establish a Minor Site Development Plan Application Fee RecommendationRecommendation•Introduce Ordinance Nos. CS‐145, CS‐146, CS‐147 and CS‐,,148 approving ZCA 09‐02, ZC 09‐06, SP 207(I) & SP 144(K)•Adopt Reso. No. 2011‐111 approving a Negative Declaration•Adopt Reso. No. 2011‐112 approving LCPA 09‐05•Adopt Reso. No. 2011‐113 approving a Minor SDP fee