HomeMy WebLinkAbout2017-12-06; Planning Commission; ; PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: N/A
P.C. AGENDA OF: December 6, 2017 Project Planner: Carl Stiehl
Project Engineer: David Rick
SUBJECT: PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE
DETERMINATION – Request for a Planning Commission Determination (PCD) that farm
stay lodging may be permitted as a secondary agricultural use in the Cannon Road
Agricultural/Open Space (CR-A/OS) zone. The request for a determination from the
Planning Commission is not subject to CEQA.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7278 RECOMMENDING
DENIAL of PCD 2017-0002, based on the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The project is a request by the Carltas Company (applicant) for a determination that farm stay lodging
may be permitted as a secondary agricultural use in the CR-A/OS zone. The CR-A/OS zone applies to two
parcels (see Attachment 5), which have been used for agriculture. The applicant owns one of the two
parcels, which is approximately 45 acres south of Cannon Road on the east side of Car Country Drive
(currently referred to as “North 40 Urban Farm”; previously known as “Floral Trade Center and Market
Place”). The second parcel in the CR-A/OS zone is approximately 26 acres south of Cannon Road on the
east side of Legoland Drive.
Both properties in the CR-A/OS zone are designated by the General Plan as Open Space (OS) and are
subject to Proposition D (Preserve the Flower and Strawberry Fields and Save the Carlsbad Taxpayers
Money). The applicant’s requested determination would apply to all properties within the CR-A/OS zone,
not just the property owned by the applicant. In regard to the applicant’s property, in addition to
agricultural production, the city has approved development of other primary and secondary agricultural
uses consisting of a floral trade center, sale of agricultural products grown on site and agricultural related
manufacturing (culinary center, microbrewery and winery). The applicant is also considering the potential
of developing farm stay lodging on a portion of the site (8.3 acres), which is the reason for this PCD
request.
This PCD request is made pursuant to Zoning Ordinance Sections 21.209.040.B and C; Section 21.209.040
reads as follows (Table A of Section 21.209.040 is omitted here; see Attachment 2 for a complete copy of
Zoning Ordinance Chapter 21.209):
21.209.040 Permitted primary and secondary uses
A. In the CR-A/OS zone, notwithstanding any other provisions of this title, only the uses listed
in Table A, below, shall be permitted.
B. Uses similar to those listed in Table A may be permitted if the City Planner determines
such similar use falls within the intent and purpose of this zone.
4
PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
December 6, 2017
Page 2
C. Other uses that are not listed in Table A, and which cannot be found to be similar to those
uses listed in Table A, may be recommended for approval as a permitted use to the
Planning Commission provided that the City Planner ascertains all pertinent facts and the
Planning Commission, by resolution of record, sets forth its findings and its
interpretations that the use is substantially consistent with the intent and purpose and
guiding principles (Sections 21.209.010 and 21.209.030) of this zone. Such Planning
Commission resolution shall be forwarded to the City Council as a recommendation and,
if approved by resolution of the City Council, thereafter such interpretation shall govern.
An LCP amendment may be required for any change or addition to permitted uses.
D. The establishment and continuation of agricultural uses in the zone is encouraged for as
long as the land owners determine that it is economically viable. When agriculture is no
longer economically viable for the landowners, only the other open space uses listed in
Table A shall be permitted.
Pursuant to Zoning Ordinance Section 21.209.040.B, the applicant requests that farm stay lodging be
considered similar to the secondary agricultural uses listed as permitted in Table A of Section 21.209.040.
If the Planning Commission does not determine that farm stay lodging is similar to the uses listed in Table
A of Section 21.209.040, then the applicant requests the Planning Commission determine and recommend
to the City Council that the use be permitted in the zone, pursuant to Section 21.209.040.C. Staff
recommends denial of the requested determinations.
As stated in Attachment 4, the applicant also requests “confirmation that all uses included on Table A
(both agriculture and open space) are permitted while agricultural production continues on the property.”
Staff has not included this portion of the applicant’s request as part of PCD 2017-0002, as it is a general
request that the Zoning Ordinance does not specify that the Planning Commission needs to make a
determination regarding. A response to this portion of the request is provided in the analysis section
below.
III. ANALYSIS
A. Analysis of PCD 2017-002
The following analysis addresses each determination requested by PCD 2017-002:
• Is farm stay lodging a use that is similar to the uses permitted in the Cannon Road
Agricultural/Open Space (CR-A/OS) zone?
• If the Planning Commission determines that farm stay lodging is not similar to the uses listed in
Table A of Section 21.209.040, the commission may recommend that the use be permitted in the
zone by finding that the use is substantially consistent with the intent, purpose and guiding
principles of the CR-A/OS zone.
1. Is farm stay lodging a use that is similar to the uses permitted in the Cannon Road Agricultural/Open
Space (CR-A/OS) zone?
As stated in Attachment 4, the applicant describes farm stay lodging as a “related and accessory use” to
the primary agriculture use of the applicant’s land, and is a lodging “concept that utilizes the aesthetic of
a farm environment and the relationship with the production of food or floral crops as a vehicle to
underwrite the cost of providing the environment.”
PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
December 6, 2017
Page 3
Table A of Section 21.209.040 (Attachment 2) specifies the uses that are permitted as “primary” and
“secondary” agricultural uses. Farm stay lodging is not a “primary” agricultural use, per Table A of Section
21.209.040; as requested by the applicant, the question is whether or not the use is similar to the
secondary agricultural uses listed in Table A of Section 21.209.040, which are as follows:
TABLE A – SECONDARY AGRICULTURAL USES PERMITTED IN THE CR-A/OS ZONE
Secondary Agricultural Uses Permitted Minor CUP
City Planner
CUP
Planning Commission
1 Agricultural distribution facilities X
2
Other accessory or related uses that promote the
continuation of a primary permitted agricultural
use, as determined by the City Planner
X
3
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)
X
4
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)
X
5
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
A lodging use is not similar to the uses in rows 1, 3, 4 and 5 above (agricultural distribution facilities, events
and activities related to agriculture, and retail sales of agricultural products). The use identified in row 2
above (accessory or related uses that promote continuation of a primary agricultural use) is the use that
the applicant proposes is similar to farm stay lodging. The applicant’s rationale is that farm stay lodging
is designed to provide overnight guests with a farm environment (related to the agriculture) and the
revenue from the lodging use will promote the continuation of agriculture.
While farm stay lodging may promote the continuation of agriculture on the site by providing a
supplemental revenue source, farm stay lodging is neither an agricultural use nor an open space use,
which is the primary reason the City Planner could not find it to be similar to the permitted uses listed in
Table A. The uses in Table A are categorized as either agricultural or open space uses.
The secondary agricultural uses listed in Table A, as shown above, are secondary agricultural uses (i.e.
uses that occur during or after agricultural production – distribution of the agricultural product, retail sale
of the agricultural product, and events/activities that promote the sale of agricultural products). These
secondary agricultural uses would not occur without an existing primary agricultural use. The secondary
agricultural use identified in row 2 above (accessory or related uses that promote continuation of a
primary agricultural use) is not intended to allow uses that are not agricultural in nature; this is why Table
A refers to the uses as “secondary agricultural uses.”
PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
December 6, 2017
Page 4
Based on the information above, the City Planner has determined that farm stay lodging is not similar to
the uses listed in Table A of Section 21.209.040. The following summarizes the requested Planning
Commission determination and options:
• The applicant is requesting that the Planning Commission determine that farm stay lodging is
similar to the uses listed in Table A of Section 21.209.040.
• If the Planning Commission determines that the use is similar to the uses listed in Table A, then
the commission must determine that farm stay lodging is consistent with the intent and purpose
of the CR-A/OS zone (see discussion below for information on the intent and purpose of the zone).
• If the Planning Commission determines that farm stay lodging is not similar to the uses listed in
Table A, the applicant requests that the Planning Commission recommend the use be permitted
in the CR-A/OS zone, pursuant to Section 21.209.040.C (see below).
2. If the Planning Commission determines that farm stay lodging is not similar to the uses listed in Table
A of Section 21.209.040, the commission may recommend that the use be permitted in the zone by
finding that the use is substantially consistent with the intent, purpose and guiding principles of the
CR-A/OS zone.
The following information evaluates how farm stay lodging is or is not substantially consistent with the
intent, purpose and guiding principles of the CR-A/OS zone.
a. Intent and Purpose of the CR-A/OS Zone
As stated in Zoning Ordinance Section 21.209.010 (Attachment 2), the intent and purpose of the CR-A/OZ
zone is to:
TABLE B – INTENT AND PURPOSE OF THE CR-A/OS ZONE
1) Implement Proposition D, the "Preserve the
Flower and Strawberry Fields and Save
Taxpayers Money" proposition enacted by the
voters of Carlsbad in November 2006;
2) Promote and support the continuation of
agriculture in the zone for as long as the land
owners determine that it is economically
viable to do so;
3) Protect, encourage, and enhance public uses,
public access, public views/vantage points, and
community gathering places;
4) Ensure that all uses in the zone address traffic,
circulation and transportation impacts;
5) Provide for agricultural and other active,
passive and cultural open space uses that
provide economic benefit to the land owners
as set forth in Table A of this chapter;
6) Create a sustainable area with agricultural and
open space uses that balance social, economic
and environmental values important to the
community;
7) Provide for community input on the design of
proposed development and uses;
8) Protect areas of existing natural habitat in
conformance with the city’s habitat
management plan and local coastal program;
9) Implement the goals and objectives of the
General Plan. In particular, the goals and
objectives related to the Cannon Road Open
Space, Farming and Public Use Corridor.
PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
December 6, 2017
Page 5
Staff has determined that a lodging use, even one that uses the farm environment as a theme, is not
substantially consistent with at least two of the intent and purpose statements listed above. Specifically,
a lodging use is inconsistent with the purpose of Proposition D and the policies of the General Plan, as
follows:
i. Proposition D
TABLE C – PURPOSE OF PROPOSITION D
“2.1 Purpose. The purpose of this measure is to ensure that the Flower Fields and Strawberry Fields
area located along the Cannon Road corridor east of the Interstate 5 freeway is preserved in open
space and that farming is allowed to continue as long as it is viable. The purpose is also to allow
public use, access and community gathering places to occur in the area in a manner that will not
adversely impact the unique open space and environmental resources located in the area. This
measure is intended to create a sustainable area that balances social, economic and environmental
values important to the community. This measure amends the General Plan which contains the vision
for the future of the City and the Zoning Ordinance to designate the area for special planning
consideration to ensure that the area is retained in open space, that farming is allowed to continue
and that public uses and access are allowed in the area.”
Proposition D (Attachment 3) clearly states that the purpose is to ensure the Cannon Road corridor is
preserved in open space. Agriculture is allowed to continue; however, the proposition recognizes that
agriculture, at some point, may no longer be economically viable, and therefore, the proposition identifies
that if the land is not farmed, then it shall be retained in open space. A lodging use is not an agricultural
use or an open space use, and therefore is not substantially consistent with the purpose statement of
Proposition D. In addition, the permanent nature of a newly-constructed lodging use may hinder the
ability for the site to transition to open space if agriculture becomes no longer viable. The purpose of the
proposition was incorporated into the General Plan through specified language in The Cannon Road Open
Space, Farming and Public Use Corridor.
ii. General Plan
General Plan policies 2-P.62 through 2-P.68 directly reflect the language of Proposition D. A lodging use
is not substantially consistent with policies 2-P.62 and 2-P.63, which read as follows:
TABLE C – GENERAL PLAN POLICIES
2-P.62 In coordination with land owners, protect and preserve this area as an open space corridor.
Permit only open space, farming and compatible public uses in the area. Permitted uses shall
be as follows:
a. Open space.
b. Farming and other related agricultural support uses, including flower and strawberry
production.
c. Public trails.
d. Active and passive parks, recreation and similar public and private use facilities (except
on the existing Flower Fields).
e. Electrical transmission facilities.
2-P.63 Prohibit residential development in the area; and prohibit commercial and industrial-type
uses in the area other than those normally associated with or in support of farming
operations and open space uses.
PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
December 6, 2017
Page 6
Policy 2-P.62 states that the only uses that are to be permitted within the Cannon Road open space
corridor are “open space, farming and compatible public uses.” A lodging use is not an open space,
farming or public use; it is a commercial use. The applicant requests that farm stay lodging be considered
an agricultural support use (which is listed in the policy as one of the uses that can be permitted), because
the lodging use would provide financial support to the agricultural use. Staff’s interpretation of policy 2-
P.62 is that because the policy clearly states that ONLY open space, farming and compatible public uses
are permitted, then “related agricultural support uses” would need to be considered an open space,
farming or compatible public use.
In addition, policy 2-P.63 states that commercial uses are prohibited, unless they are normally associated
with or in support of farming and open space uses. While a lodging use may support the agricultural use
financially, it is not a use that is “normally” associated with or “normally” in support of a farming or open
space use. When considering whether or not a lodging use could be considered a commercial use that is
normally associated with a farming use, it is important to consider what the community intended when
they approved Proposition D.
Following approval of Proposition D, a comprehensive community engagement process overseen by a
citizen’s liaison committee was conducted, pursuant to the proposition, to determine the most
appropriate uses to be permitted in the Cannon Road open space corridor. As stated in the committee’s
final report to the City Council, the committee identified 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.” While this statement could be interpreted broadly, the
committee identified what those commercial uses could consist of, keeping in mind that Proposition D
prohibits commercial uses unless they are normally associated with an open space, farming or compatible
public use. The committee determined the following secondary agricultural uses, which include some
commercial uses, would be appropriate:
• Agricultural distribution facilities.
• Public events and activities promoting agriculture (examples: tours, demonstrations, special
events).
• 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).
A lodging use is not substantially consistent with the commercial uses the citizens committee determined
would be appropriate in support of an agricultural use.
In an effort to show that farm stay lodging is “normally” associated with farming uses, the applicant has
provided examples of farm stay lodging that exist in other locations. Although farm stay lodging may exist
in other areas that does not indicate that lodging is a normal part of farming operations, as intended by
Proposition D. It is likely that the examples of farm stay lodging are located in areas where the local land
use regulations permit the use. Staff’s interpretation of the land use regulations applicable to the CR-
A/OS zone is that a lodging use is not permitted by Proposition D, the General Plan or the CR-A/OS zone.
Based on the analysis above, staff concludes that a lodging use, even one that uses the farm environment
as a theme, is not substantially consistent with the purpose of Proposition D or the General Plan policies
that pertain to the CR-A/OS zone; and therefore, farm stay lodging is not substantially consistent with the
intent and purpose of the CR-A/OS zone.
PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
December 6, 2017
Page 7
b. Guiding Principles of the CR-A/OS Zone
As stated in Zoning Ordinance Section 21.209.030 (see Attachment 2), the guiding principles of the CR-
A/OS zone “are intended to guide the planning of development and establishment of uses in the zone to
create a sustainable area that balances social, economic and environmental values that are important to
the community. All proposed development, uses, or grouping of uses shall be reviewed for conformance
with the applicable guiding principles.” The guiding principles are as follows:
TABLE C – GUIDING PRINCIPLES OF THE CR-A/OS ZONE
Social Principles Economic Principles Environmental Principles
a) Encourage open space uses
that have a strong
community orientation and
that provide maximum
opportunities for people to
gather, interact and socialize.
b) Create an area that is unique,
vibrant and exciting by
providing a diversity of open
space uses.
c) Integrate art, culture and
history into the agricultural
and open space uses
permitted in the zone.
a) Recognize that the zone
consists of privately owned
lands and that community
desires for certain open
space uses depend on
economic feasibility and
benefit to the property
owners.
b) Support uses that
economically benefit the
continuation of agriculture in
the zone, including organic
farming, community farming
and other innovative or
mixed-use agricultural
operations.
a) Balance natural open space
uses with improved or
developed public uses.
b) Protect and preserve existing
natural habitats and
encourage the restoration of
disturbed areas of habitat.
c) Provide safe walking and
biking through trails and
pathways that interconnect
uses and sites in the zone and
surrounding area, which
maximize public access to,
and preserve and enhance,
ocean and lagoon views.
i. Social Principles
The social principles of the CR-A/OS zone focus on creating a publicly accessible area that is comprised of
open space uses, as well as art, culture and history. Lodging may be designed to provide opportunities
for the public to gather, interact and socialize, but as described in the principles above, such opportunities
are intended to be provided through open space uses, not commercial uses. A lodging use, which is a
commercial use, is not an open space, art, culture or history use, and therefore is not substantially
consistent with these social principles.
ii. Economic Principles
As stated above, a lodging use may provide a revenue source that could promote the continuation of
agriculture, which could be interpreted as consistent with the economic principle to support uses that
economically benefit the continuation of agriculture. However, an evaluation of these economic
principles must be viewed within the context of the overall intent and purpose of the zone. As stated
above, the intent and purpose of the zone, through implementation of Proposition D and the General
Plan, limits the uses permitted in the zone to ONLY open space, farming and compatible public uses.
Therefore, the city may support uses that economically benefit the continuation of agriculture, provided
such uses are open space, farming or compatible public uses. A lodging use is not substantially consistent
with the uses intended to be supported by these economic principles.
PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
December 6, 2017
Page 8
iii. Environmental Principles
As stated above, evaluation of these principles must be viewed within the context of the overall intent
and purpose of the zone. A lodging use is not substantially consistent with the principle to balance open
space and public uses. The intent and purpose of the zone is to permit only open space, farming and
compatible public uses. This limited menu of permitted uses is an important component of implementing
the zone’s environmental principles, particularly the ability to achieve a balance of open space and public
uses. The principle is not to achieve a balance of open space, public uses and commercial uses. A lodging
use is not substantially consistent with the environmental principle to achieve a balance of open space
with public uses.
Based on the analysis above, staff concludes that a lodging use, even one that uses the farm environment
as a theme, is not substantially consistent with the guiding principles of the CR-A/OS zone.
B. Response to additional applicant request
The following responds to the applicant’s request for an interpretation regarding the permitted uses
identified in Table A of Zoning Ordinance Section 21.209.040.
As stated in Section II of this report, the applicant requests “confirmation that all uses included on Table
A (both agriculture and open space) are permitted while agricultural production continues on the
property.” Staff has not included this portion of the applicant’s request as part of PCD 2017-0002, as it is
a general request that the Zoning Ordinance does not specify that the Planning Commission needs to
make a determination regarding. The response to the request is as follows:
While agriculture production continues on property within the CR-A/OS zone, all uses listed in Table A of
Section 21.209.040 (agricultural and open space uses) may be permitted on such properties, subject to all
applicable policies and regulations. Any conversion of agricultural uses to non-agricultural uses (i.e., a
permitted open space use per Table A of Section 21.209.040) is subject to the city’s agricultural conversion
requirements specified in Zoning Ordinance Chapter 21.202.
C. Next steps
1. If the Planning Commission agrees the staff recommendation that farm stay lodging is not similar to
uses permitted by Table A of Section 21.209.040 and that farm stay lodging is not substantially
consistent with the intent, purpose and guiding principles of the CR-A/OS zone, then:
a. Planning Commission can adopt the attached resolution recommending denial of PCD 2017-002.
2. If the Planning Commission determines pursuant to Section 21.209.040.B that farm stay lodging is
similar to uses permitted by Table A of Section 21.209.040 and that the use is consistent with the
intent and purpose of the CR-A/OS zone, then:
a. Planning Commission can direct staff to return with a resolution determining that farm stay
lodging is similar to uses permitted by Table A of Section 21.209.040 and finding that the use is
consistent with the intent and purpose of the CR-A/OS zone. After commission adoption of this
resolution, farm stay lodging would be considered a permitted use in the zone.
PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION
December 6, 2017
Page 9
3. If the Planning Commission determines that farm stay lodging is not similar to uses permitted by Table
A of Section 21.209.040, but determines that farm stay lodging is substantially consistent with the
intent, purpose and guiding principles of the CR-A/OS zone pursuant to Section 21.209.040.C, then:
a. Planning Commission can direct staff to return with a resolution finding that farm stay lodging is
substantially consistent with the intent, purpose and guiding principles of the CR-A/OS zone and
recommending to the City Council that farm stay lodging be permitted in the CR-A/OS zone.
b. This option may require an amendment to the Zoning Ordinance and Local Coastal Program.
Section 21.209.040.C states that a Local Coastal Program amendment may be required for any
change or addition to permitted uses. Staff would consult with Coastal Commission staff to
determine if allowing farm stay lodging as a permitted use, if it is not considered similar to the
other permitted uses, would require a Local Coastal Program amendment.
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that PCD 2017-002 is exempt from CEQA. CEQA Guidelines Section
15270, Projects Which Are Disapproved, states that CEQA does not apply to projects which a public agency
rejects or disapproves. This section is intended to allow an initial screening of projects on the merits for
quick disapprovals prior to the initiation of the CEQA process where the agency can determine that the
project cannot be approved. This Planning Commission determination, regarding whether or not a
particular use is similar to other permitted uses or whether or not a use is consistent with the intent and
purpose of zoning regulations, which is recommended for denial is that type of project. Upon a final
determination on PCD 2017-002, a Notice of Exemption will be filed by the City Planner. Development of
any permitted uses or uses determined to be permitted, per Zoning Ordinance Sections 21.209.040.B and
C, will be subject future environmental review pursuant to CEQA.
ATTACHMENTS:
1. Planning Commission Resolution No. 7278
2. Cannon Road Agricultural/Open Space Zone, Zoning Ordinance Chapter 21.209
3. Prop D, Preserve the Flower and Strawberry Fields and Save the Carlsbad Taxpayers Money
4. Applicant’s Request Letter
5. Prop D and CR-A/OS Zone Area Map
ATTACHMENT 2
Chapter 21.209
CR-A/OS CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE
Sections:
21.209.010 Intent and purpose.
21.209.020 Definitions.
21.209.030 Guiding principles for permitted uses.
21.209.040 Permitted primary and secondary uses.
21.209.050 Conditional use permit requirement.
21.209.060 Site development plan requirement.
21.209.070 Pre-submittal community input process.
21.209.080 Development and design standards.
21.209.090 Severability.
21.209.010 Intent and purpose.
A. The intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone is to:
1. Implement Proposition D, the “Preserve the Flower and Strawberry Fields and Save Taxpayers
Money” proposition enacted by the voters of Carlsbad in November 2006.
2. Promote and support the continuation of agriculture in the zone for as long as the landowners
determine that it is economically viable to do so;
3. Protect, encourage, and enhance public uses, public access, public views/vantage points, and
community gathering places;
4. Ensure that all uses in the zone address traffic, circulation and transportation impacts;
5. Provide for agricultural and other active, passive, and cultural open space uses in the zone that
provide economic benefit to the landowners as set forth in Table A of this chapter;
6. Create a sustainable area, which means an area that contains agricultural and open space uses that
balance social, economic, and environmental values important to the community;
7. Provide for community input on the design of proposed development and uses;
8. Protect areas of existing natural habitat in conformance with the city’s habitat management plan
and local coastal program; and
9. Implement the goals and objectives of the general plan. In particular, the goals and objectives
related to the Cannon Road Open Space, Farming and Public use Corridor.
21.209.020 Definitions.
A. Whenever the following terms are used in this chapter, they shall have the following meaning
established by this section:
1. “Primary use” means a use that is not required to be developed in conjunction with or on the same
site, lot, or parcel of land as another permitted and/or secondary use.
2. “Secondary use” means a use that is permitted only if developed in conjunction with and/or in
support of at least one primary use.
21.209.030 Guiding principles.
A. The following principles, as set forth below, are intended to guide the planning of development and
establishment of uses in the zone to create a sustainable area that balances social, economic and
environmental values that are important to the community. All proposed development, uses, or
grouping of uses shall be reviewed for conformance with the applicable guiding principles.
1. Social principles.
a. Encourage open space uses that have a strong community orientation and that provide
maximum opportunities for people to gather, interact, and socialize.
b. Create an area that is unique, vibrant and exciting by providing a diversity of open space uses.
c. Integrate art, culture and history into the agricultural and open space uses permitted in the
zone.
2. Economic principles.
a. Recognize that the zone consists of privately owned lands and that community desires for
certain open space uses depend on economic feasibility and benefit to the property owners.
b. Support uses that economically benefit the continuation of agriculture in the zone, including
organic farming, community farming, and other innovative or mixed-use agricultural operations.
3. Environmental principles.
a. Balance natural open space uses with improved or developed public uses.
b. Protect and preserve existing natural habitats and encourage the restoration of disturbed areas
of habitat.
c. Provide safe walking and biking through trails and pathways that interconnect uses and sites in
the zone and surrounding area, which maximize public access to, and preserve and enhance,
ocean and lagoon views.
21.209.040 Permitted primary and secondary uses.
A. In the CR-A/OS zone, notwithstanding any other provisions of this title, only the uses listed in Table A,
below, shall be permitted.
B. Uses similar to those listed in Table A may be permitted if the City Planner determines such similar use
falls within the intent and purpose of this zone.
C. Other uses that are not listed in Table A, and which cannot be found to be similar to those uses listed in
Table A, may be recommended for approval as a permitted use to the Planning Commission provided
that the City Planner ascertains all pertinent facts and the Planning Commission, by resolution of record,
sets forth its findings and its interpretations that the use is substantially consistent with the intent and
purpose and guiding principles (Sections 21.209.010 and 21.209.030) of this zone. Such Planning
Commission resolution shall be forwarded to the City Council as a recommendation and, if approved by
resolution of the City Council, thereafter such interpretation shall govern. An LCP amendment may be
required for any change or addition to permitted uses.
D. The establishment and continuation of agricultural uses in the zone is encouraged for as long as the land
owners determine that it is economically viable. When agriculture is no longer economically viable for
the landowners, only the other open space uses listed in Table A shall be permitted.
TABLE A – PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the municipal code:
“P” indicates that the use is permitted.
“CUP” indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process.
2 = Planning Commission process.
Agricultural Uses
Primary Agricultural Uses P CUP
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.)
X
Agricultural-related educational, research and development facilities 1
Community farming
(example: individual citizens or community groups growing agricultural crops.) X
Agricultural farm worker housing (see note 1 below) X
Energy transmission and distribution facilities, including but not limited to rights-of-
way and pressure control or booster stations, substations, gas metering/regulating
stations or operating centers for gasoline, electricity, natural gas, synthetic natural
gas, oil or other forms of energy sources, with the necessary accessory equipment
incidental thereto.
X
Farmers market (sale of primarily agricultural products) 1
Floral trade center (wholesale or retail) 2
Greenhouses X
Plant nurseries and supplies (retail) 1
Tree and seed growing farms X
Utility buildings/facilities that are built, operated, or maintained by a public utility to
the extent that they are regulated by the California Public Utilities Commission. X
Vineyards and wineries X
Secondary Agricultural Uses P CUP
Agricultural distribution facilities 2
Other accessory or related uses that promote the continuation of a primary
permitted agricultural use, as determined by the City Planner. 1
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)
X
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.)
X
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.)
1
Open Space Uses
Primary Open Space Uses P CUP
Amphitheater 2
Civic and public gathering spaces
(examples: art display, gazebos, public plazas, sitting areas, water features, wedding
areas)
X
Community meeting center 1
Dog park 1
Energy transmission and distribution facilities, including but not limited to rights-of-
way and pressure control or booster stations, substations, gas metering/regulating X
stations or operating centers for gasoline, electricity, natural gas, synthetic natural
gas, oil or other forms of energy sources, with the necessary accessory equipment
incidental thereto.
Gardens (public or private)
(examples: botanical, rose, tea, and meditation gardens) 1
Habitat preserves and natural areas X
Historic center 1
Agricultural or natural history related museum 1
Parks (public or private) 1
Picnic areas 1
Sports or recreation center
(public outdoor)
(examples: athletic courts and fields, lawn bowling, swimming pools, tennis courts)
2
Trails
(examples: bicycle, exercise, equestrian, nature, pedestrian) X
Utility buildings/facilities that are built, operated, or maintained by a public utility to
the extent that they are regulated by the California Public Utilities Commission. X
Secondary Open Space Uses P CUP
Food service, including restaurants and cafes, limited to a cumulative area of 500
square feet or less. X
Food service, including restaurants and cafes with a cumulative area of more than
500 square feet. 1
Other accessory or related uses that promote the continuation of a primary
permitted open space use. 1
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)
X
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. X
Retail sales of goods and products, related to a primary permitted open space use,
with a cumulative area of more than 500 square feet. 2
Notes:
1. Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed
for use by a single family or household is permitted in accordance with California Health and Safety Code Section
17021.6.
2. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales
Location permits as appropriate.
21.209.050 Conditional use permit requirement.
A. Decision-making process. The conditionally permitted primary and secondary uses, as indicated in Table
A, shall be processed in accordance with the applicable provisions of Chapter 21.42 (Minor Conditional
Use Permits and Conditional Use Permits) of this title and the requisite findings therein.
B. Finding of fact. In addition to the findings for approving a minor conditional use permit or a conditional
use permit as set out in Chapter 21.42, a finding shall be made that:
1. The proposed use or grouping of uses implements the intent and purpose of the Cannon Road
Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.010 of this chapter.
2. The proposed use or grouping of uses conforms to the applicable guiding principles contained in
Section 21.209.030 of this chapter.
3. The proposed development complies with the applicable development and design standards
contained in Section 21.209.080 of this chapter.
4. Feasible and appropriate public art, public access, and civic and public gathering space elements
have been incorporated into the design of the proposed development.
21.209.060 Site development plan requirement.
A. A site development plan shall be required for development in the zone as noted below.
1. Exemptions. The following types of development are exempt from the requirement for a minor site
development plan or site development plan:
a. Structures associated with primary or secondary agricultural uses which include:
i. Structures containing a cumulative area of 2,000 square feet or less.
ii. Greenhouses or plant protection (shade, wind, etc.) structures containing a cumulative area
of 10,000 square feet or less.
iii. Temporary or seasonal plant protection (shade, wind, etc.) structures. Temporary or
seasonal as used herein shall mean a structure that is in place for no more than 180 days in
any 12 month period.
iv. Open shade structures (gazebo, trellis, patio cover, etc.) containing a cumulative area of
1,000 square feet or less.
b. Structures associated with primary or secondary open space uses which include:
i. Structures containing a cumulative area of 1,000 square feet or less.
ii. Open shade structures containing a cumulative area of 1,000 square feet or less.
2. Minor Site Development Plan. A minor site development plan shall be required for the following:
a. Structures associated with primary or secondary agricultural uses which include:
i. Structures containing a cumulative area of more than 2,000 square feet and up to 10,000
square feet.
ii. Greenhouses or plant protection structures containing a cumulative area of more than
10,000 square feet and up to 50,000 square feet.
b. Structures associated with primary or secondary open space uses which include:
i. Structures containing a cumulative area of more than 1,000 square feet and up to 5,000
square feet.
ii. Open shade structures containing a cumulative area of more than 1,000 square feet and up
to 5,000 square feet.
3. Site Development Plan. A site development plan shall be required for, but not limited to, the
following:
a. Structures associated with primary or secondary agricultural uses which include:
i. Structures containing a cumulative area of more than 10,000 square feet.
ii. Greenhouses or shade structures containing a cumulative area of more than 50,000 square
feet.
b. Structures associated with primary or secondary open space uses which include:
i. Structures containing a cumulative area of more than 5,000 square feet.
ii. Open shade structures containing a cumulative area of more than 5,000 square feet.
B. Decision-making process.
1. A minor site development plan shall be processed in accordance with the applicable provisions of
Section 21.209.060(C) and Chapter 21.06 (Q-Qualified Development Overlay Zone) of this title,
including the requisite findings therein. The City Planner shall be the decision maker for a minor site
development plan required by this chapter.
2. A site development plan shall be processed in accordance with the applicable provisions of Section
21.209.060(C) and Chapter 21.06 (Q-Qualified Development Overlay Zone) of this title, including the
requisite findings therein. The Planning Commission shall be the decision maker for a site
development plan required by this chapter.
C. Findings of fact. In addition to the findings for approving a minor site development plan or site
development plan as set out in Chapter 21.06, findings shall be made that:
1. The proposed development implements the intent and purpose of the Cannon Road
Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.010 of this chapter.
2. The proposed development conforms to the applicable guiding principles contained in Section
21.209.030 of this chapter.
3. The proposed development complies with the applicable development and design standards
contained in Section 21.209.080 of this chapter.
4. Feasible and appropriate public art, public access, and civic and public gathering space elements
have been incorporated into the design of the proposed development.
21.209.070 Pre-submittal community input process.
A. Prior to the submittal of a minor site development plan, site development plan, minor conditional use
permit, and/or conditional use permit application for a proposed development, uses, or grouping of
uses, the applicant shall submit to the City Planner a proposed strategy for allowing the community to
provide pre-submittal input on the proposed development, uses, or grouping of uses.
B. The strategy shall include at least one publicly noticed community workshop or similar event.
C. The public outreach must be completed prior to submitting a formal application.
D. The application submittal shall be accompanied by a written description of the outcome of the
community input strategy, description of public noticing, and any features of the proposed
development, uses, or grouping of uses that have resulted from the community input.
21.209.080 Development and design standards.
A. Lot Coverage.
1. Lot coverage shall not exceed 50% of the lot.
B. Lot Area, minimum.
1. There shall be no minimum lot area established for the CR-A/OS zone district. The size of the lot
shall be dependent upon the existing or proposed use.
C. Building Design.
1. The design of all buildings in a proposed development shall reflect a human scale (proportionate
and attention to details) in terms of the size, bulk and massing of structures.
D. Building Height.
1. No building or structure shall exceed twenty-five feet in height unless a higher building height is
authorized through a minor site development plan or site development plan approval. Additional
building height authorized through a minor site development plan or site development plan
approval shall not exceed a maximum of thirty-five feet.
2. In approving the increased building height, the decision maker shall determine that the buildings or
structures require an increased height in order to provide the function needed for the development,
use, or grouping of uses that the building is intended to serve.
E. Habitat Preservation.
1. Consistent with guiding principle 21.209.030.A.3.b contained in this chapter, proposed development
shall be consistent with the city’s habitat management plan and shall conform to the applicable
provisions of Chapter 21.210 and the local coastal program. Restoration of disturbed habitat shall
be encouraged for proposed development located adjacent to existing preserve areas.
F. Parking Requirements.
1. Off-street parking requirements for proposed uses in the zone shall be governed by Chapter 21.44
of this title.
2. Where a parking requirement for a use permitted in the zone is not specifically identified in Chapter
21.44, the City Planner shall determine which use identified in Chapter 21.44 is the most similar to
the use being proposed in the zone and that parking requirement shall apply.
3. As an alternative, a parking study may be submitted by the applicant for a proposed development,
use, or group of uses in the zone for review by the City Planner in order to determine an appropriate
parking requirement.
G. Public Art.
1. Any development proposal that requires a minor site development plan or a site development plan,
and/or a minor conditional use permit or conditional use permit shall incorporate feasible and
appropriate public art elements into the design of the proposed development.
2. Art elements may include, but are not limited to, art features on building facades, freestanding
sculptures or structures, and mosaics or paintings on public furniture (i.e. benches, fountains,
gazebos).
3. Art elements are encouraged to reflect the cultural, historical and agricultural significance and
heritage of the zone.
H. Public Access.
1. Any development proposal that requires a minor site development plan or a site development plan,
and/or a minor conditional use permit or conditional use permit shall incorporate feasible and
appropriate public access elements for walking and bicycling that interconnect uses and sites in and
through the zone.
2. Public access elements shall connect to the city’s proposed public trails as established in the City of
Carlsbad Trails Master Plan or the Carlsbad Ranch Specific Plan; implementation of these public trail
elements shall be completed concurrent with adjacent proposed development.
I. Public Views.
1. Development shall be sited and designed to preserve all significant public view corridors and vantage
points as established within the Carlsbad Ranch Specific Plan. All development proposals adjacent
to identified view corridors and vantage points shall include adequate setbacks and buffering.
J. Civic and Public Gathering Places.
1. Any development proposal that requires a minor site development plan or a site development plan,
and/or a minor conditional use permit or conditional use permit shall incorporate feasible and
appropriate civic and public gathering place elements into the design of the proposed development.
Civic gathering places may include, but are not limited to, such things as art display areas, gazebos,
public plazas, sitting areas, water features, and wedding areas.
K. Signs.
1. Except as otherwise provided in this section, signs shall be permitted in the zone according to the
provisions of Chapter 21.41 of this title.
2. The design of all permitted signs in the zone is encouraged to reflect aspects of the cultural,
historical, and agricultural significance and heritage of the zone.
3. Temporary or seasonal signs shall be permitted on a project site for primary and secondary
agricultural uses as allowed in Section 21.209.040 of this chapter, subject to the approval of a sign
permit consistent with Section 21.41.050 of this title. The total sign area allowable for temporary
or seasonal signs shall be limited to a maximum of 160 square feet per project site and a maximum
of 32 square feet per individual sign.
L. Traffic and Circulation.
1. A traffic and circulation study shall be submitted, pursuant to the city’s circulation impact analysis
thresholds, in conjunction with all proposals for new development, uses, or grouping of uses in the
zone that require a minor site development plan, site development plan, minor conditional use
permit, or conditional use permit, except for the establishment or expansion of agricultural crop
production. The study shall analyze how the proposal affects previously-approved traffic (ADT)
projections for the local facilities management zone in which the proposal is located. If the study
shows that previous projections are being exceeded as a result of proposed development, uses, or
grouping of uses, the study shall identify traffic and circulation improvements that must be
constructed to accommodate additional traffic in the zone.
2. The requirement for a traffic and circulation study may be waived at the discretion of the City
Engineer and City Planner.
21.209.090 Severability.
A. If any section, subsection, sentence, clause, phrase or part of this chapter is for any reason found by a
court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter, which shall be in full force and effect. The City Council
hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause,
phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases or parts be declared invalid or unconstitutional.
Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money
The People of the City of Carlsbad do hereby enact and ordain:
1.Section 1. TITLE
1.1 This measure shall be known arid may be cited as "Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money".
2.Section 2. PURPOSE, LOCATION AND FINDINGS
2.1 Purpose. The purpose of this measure is to ensure that the Flower Fields and Strawberry Fields area located along the Cannon Road corridor east of the Interstate 5 freeway is preserved . in open space and that farming is a11owed to continue as long as it is viable. The purpose is also to allow public use, access and community gathering places to occur in the area in a manner that wi11 not adversely impact the unique open space and environmental resources located in the area; This measure is intended to create a sustainable area that balances social, economic and environmental values important to the community. This measure amends the General Plan which contains the vision for the future of the City and the Zoning Ordinance to designate the area for special planning consideration to ensure that the area is retained in open space, that farming is allowed to continue and that public uses and access are allowed in the area.
2.2 Location and Description of the Area Affected by Measure. The area affected by this measure is shown on Exhibit A provided herein. It contains approximately 307 acres of land located in the central portion of the City along Cannon Road east of the Interstate 5 freeway. The area presently consists primarily of open space and farming operations including the existing Flower Fields located south of Cannon Road and the area generally known as the Strawberry Fields located on the north side of Cannon Road adjacent to Interstate 5 and the south shore of the Agua Hedionda Lagoon. The area on the north side of Cannon Road also contains regionallysignificant public utility uses including existing SDG&E electrical transmission lines. The City presently leases a portion of the Strawberry Fields area (approximately 91 acres and generally known as Hub Park) which was leased for potential future, public park uses. The most easterly end of the area on the north side of Cannon Road contains environmentally-sensitive, natural vegetation that is identified in the City's Habitat Management Plan as part of a proposed habitat preserve system. For purposes of this measure, the area shall herein be identified as "The Cannon Road Open Space, Farming and Public Use Corridor."
2.3 Findings. The People of the City of Carlsbad find and declare that the subject area affected by this measure is currently regulated by City policy a11d established land use documents including the City of Carlsbad General Plan, the City Zoning Ordinance, the Carlsbad Habitat Management Plan, the Agua Hedionda Land Use Plan, the Mello II Local Coastal Plan and the Carlsbad Ranch Specific Plan. The City also has a comprehensive Growth Management Plan that sets limits on the amount of residential development and that requires public facilities to be provided concurrent with growth. The People of the City of Carlsbad desire the General Plan and
ATTACHMENT 3
the Zoning Ordinance be amended to (1) prohibit residential uses in the area; (2) ensure that this area is permanently protected and preserved for open space uses; (3) allow the farming operations in the area such as the Strawberry Fields and flower growing areas to continue; (4) enhance the existing protections of the Flower Fields; (5) provide for the protection of environmental resources in the area including compliance with the City's Habitat Management Plan; and (6)incorporate public trails, pedestrian accessibility, park uses, and other complementary and compatible public uses into the area.
3.Section 3. GENERAL PLAN AMENDMENTS
The Carlsbad General Plan is hereby amended as set forth in this Section ..
3.1 The Land Use Element at page 27, Section II (D) is hereby amended to add a new Land Use Element Section II (D) (8) to read as follows: 8.The Cannon Road Open Space, Farming and Public Use CorridorThe area along the Cannon Road corridor east of the Interstate 5 freeway presentlyconsist primarily of open space and existing farming operations including the FlowerFields located to the south of Cannon Road and the existing Strawberry Fields located tothe north of Cannon Road. The open space areas on the north side. of Cannon Roadprovide spectacular views of the Agua Hedionda Lagoon and ·contain environmentallysensitive natural habitat areas that need to be permanently protected .
The existing Flower Fields and the . Strawberry Fields as open space uses providefor productive use of portions of the area that enhance the cultural heritage and history ofthe City. Although the Flower Fields are already protected and restricted to agriculturaluse, the City shall utilize all existing programs and land use protections and explore otherpossible new mechanisms to keep the Flower Fields in production. The City shall alsoensure that other farming uses such as the existing Strawberry Fields are allowed focontinue as long as it is economically viable for the landowner to do so.
The area is recognized for its significant open space opportunities; however, the arealacks adequate public access and public use areas so that the community can enjoy theopen space opportunities provided in this area to their fullest potential. Aninterconnecting public trail through the area preferably linking the south shore of AguaHedionda Lagoon with the existing Flower Fields could greatly enhance public access inthe area. In addition, park and recreation uses that allow public gathering spaces and arecompatible with other open space uses could offer opportunities for more community useand enjoyment of the area.
Residential use is not appropriate for the area. Commercial and industrial-typeuses other than those normally associated with farming operations are also notappropriate .
The Cannon Road Open Space, Farming and Public Use Corridor 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.
3.2 The Land Use Element at pages 37 and 38, Agriculture-C. Implementing Policies and Action Programs is hereby amended by deleting existing C.3 and replacing it with a new C.3 to read as follows:
C.3 The City shall utilize all existing programs and land use protections and explore possiblenew grant programs and other outside financial assistance to keep the existing Flower Fieldsin permanent farming and flower production.
3.3 The Land Use Element at page 40, Section III; Goals, Objectives and Implementing Policies and Action Programs, is hereby amended to add a new section entitled Special Planning Considerations-The Cannon Road Open Space, Farming and Public Use Corridor to provide as follows:
SPECIAL PLANNING CONSIDERATIONS-THE CANNON ROAD OPEN SP ACE, FARMING AND PUBLIC USE CORRIDOR A.GoalCreate a unique, community-oriented open space area along the Cannon Road corridorlocated immediately to the east of the Interstate 5 freeway including the existing FlowerFields and Strawberry Fields.B.ObjectivesB. l To ensure that this area is permanently protected and preserved for open space uses.B.2 To enhance the protection of the existing Flower Fields.B.3 To allow the farming operations in the area such as the existing Strawberry Fields and .flower growing areas to continue .. B.4 To provide for the protection and preservation of environmental resources in the area in coordination with landowners. B.5 To increase public access and use to the area primarily through the incorpo�ation ofcompatible public trails and active and passive recreation.C.Implementing Policies and Action ProgramsC. l Protect and preserve this area as an open space corridor. Permit only open space, farmingand compatible public uses in the area. Permitted uses shall be as follows:(1)Open Space(2)Farming and other related agricultural support uses including flower and strawberryProduction(3)Public trails( 4)Active and Passive park, recreation and similar public and private use facilities(except on the existing Flower Fields)(5)Electrical Transmission Facilities
C.2 Prohibit residential development in the area.
C.3 Prohibit commercial and industrial-type uses in the area other thari those normallyassociated with fanning operations and open space uses.C.4 Enhance public access and public use in the area by allowing compatible public trails,community gathering spaces and public and private, active and passive park and recreationuses.C.5 Allow farming to continue in the area for as long as economically viable for thelandowner.C.6 Utilize all existing programs and land use protections and explore possible newmechanisms to keep the existing Flower Fields in production.C. 7 If determined to be necessary, the City shall amend the Zoning Ordinance and adopt aCannon Road Open Space, Farming and Public Use Corridor Overlay Zone to apply to thearea that would provide more detail on permitted uses and land use regulations applicable to.the area.C.8 The City shall initiate a public planning process with broad public participation to fullyaccomplish implementation of the goals, objectives and action programs listed above.
3.4 The Open Space and Conservation Element at page 16, Section F. Citywide Open Space Plan, Category 2: Open Space for Managed Production of Resources, ·Forestry/Agriculture/Aquaculture (2a), is hereby amended by changing the wording of the first.sentence to read as follows:
4.
Forestry, agriculture and aquaculture are considered a category 5 citywide priority for future open space planning except that agricultural uses in the Cannon Road Open Space, Farming and Public Use Corridor shall be considered a category .1 priority.
Section 4. ZONING ORDINANCE AMENDMENTS
The Carlsbad Zoning Ordinance is hereby amended as set forth in this Section.
4.1 The official Zoning Map is amended to rezone the area as shown on Exhibit A provided herein and not presently zoned Open Space to the OS (Open Space) zone.
5.Section 5. IMPLEMENTATION
5.1 Effective Date. This measure shall become effective upon passage by the voters in accordance with Elections Code 9217. With respect to the General Plan Amendments contained in Section 3 of this measure, if the number of General Plan Amendments in the calendar year as permitted by California Government Code Section 65358 have already· been utilized, the Amendments to the General Plan enacted by this measure shall be the first amendment and shall become effective on January 1 of the next year following passage. Upon the effective date ofthis measure, all entitlements (whether discretionary or ministerial) not yet issued or project approvals not yet approved, shall not be issued or approved unless they are consistent with all provisions of this measure .
5.2 Interpretation And Authority To Amend Other City Ordinances, Codes And Policies. This measure shall be interpreted so as to be consistent with all federal and state laws. It shallalso be broadly interpreted and construed in order to achieve the purposes and findings stated in the measure. The City is hereby authorized to make any other amendments to the General Plan, the Zoning Ordinance or any other plans, policies or ordinances necessary to folly implement the provisions of this measure and to ensure consistency between the provisions of this measure and all other elements of the General Plan, the Zoning Ordinance, and any other plans, policies or ordinances. If deemed necessary, the City is authorized to amend the Zoning Ordinance to create and adopt a Cannon Road Open Space, Farming and Public Use Corridor Overlay Zone which would then be applied to the area affected by this measure. The Overlay Zone could provide more detail on permitted uses and regulations applicable to the area.
5.3 Public Process To Comprehensively Implement Measure. Upon the passage of this measure, the City shall initiate a comprehensive planning process with broad public participation and input to accomplish full implementation of the measure. The process shall include determining the most appropriate open space, recreational and public uses for the area, should farming become no longer economically-viable in the area. The process shall result in achieving complete General Plan, Zoning and Local Coastal Program consistency so that the full intent of this measure can be implemented by the City.
5.4 Severability. If any section, sub-section, sentence, clause, phrase, part, or other portion of this measure, or application thereof, is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shalI not affect the remaining portions or provisions of this measure. It is hereby declared by the people voting for this measure that this measure, and each section, sub-section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub-sections, sentences, clauses, phrases, part, or portions, or the application thereof, are declared invalid or unconstitutional.
5.5 Conflicting Ballot Measures. This measure is inconsistent with and intended as an alternative to any other initiative(s) or measure(s) placed on the same ba1lot that addresses the same subject matter as this measure. In the event that this measure and another initiative(s) or -measure(s) addressing the same subject matter as this measure, or any part thereof, is approved by a majority of voters at the same election, and this measure receives a greater number of affirmative votes than any other such initiative(s) or measure(s), then this measure shall prevail and control in its entirety and said other initiative(s) or measure(s) shall be rendered void and without any legal effect.
Exhibit List
Exhibit A - Map showing boundaries of Area affected by this measure
ATTACHMENT 4
AGUAHEDIONDALAGOON
!"^
CR-A/OS
CR-A/OS CANNON RDPALOMAR AIRPORT RDARMA
D
A
D
R
A
V
E
NIDAENCINAS
P
A
S
EOD
E
L
NORT
E LEGOL
AND
DR
F
LE
E
T
S
T
C
A
R
L
S
B
A
D
B
L
E
L
ARBOLDRGR
A
N
D
P
A
C
I
F
I
CDR FARAD
A
Y
AV
CARCOUNT
RY
DRTHECROSSI
NGSDRL
O
S
R
O
B
L
E
S
D
R
W HITM ANWYMARBRISACRAreas Subject to Prop D:
Cannon Road Agricultural Open Space Zone (CR-A/OS)
Area Zoned Open Space (OS)
Document Path: J:\Requests2010Plus\ComEconDev\Planning\RITM0010839_17\FarmStayLodging.mxd