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HomeMy WebLinkAbout2008-09-23; City Council; 19587; Proposition D-Canonon RoadCITY OF CARLSBAD - AGENDA BILL 15 AB# MTG. DEPT. 19T587 09/23/08 CD Report on the Comprehensive Planning Process to Implement Proposition D-Cannon Road Agriculture and Open Space Lands DEPT. HEAD Jgt CITY ATTY. (g^ CITYMGR. (^ RECOMMENDED ACTION: That the City Council ADOPT Resolution No.2008-268accepting the Report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands and disbanding the seven-member Citizens Liaison Committee and ADOPT Resolution of Intention No. 2008-269 directing staff to prepare the zoning and related land use document amendments necessary to implement Proposition D. ITEM EXPLANATION: On November 7, 2006, Carlsbad voters approved Proposition D, the "Preserve the Flower and Strawberry Fields and Save the Carlsbad Taxpayers Money" measure. The Proposition applies to approximately 300 acres of privately owned lands located east of Interstate 5 along the north sides of Cannon Road including the existing flower and strawberry growing areas. The area affected by Proposition D is now referred to as the "Cannon Road Agriculture and Open Space Lands." The Proposition placed a permanent open space designation on the lands. It strongly supported 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 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 area, 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 called for in Proposition D. The Council also appointed a seven-member Citizens Liaison Committee to oversee the process and develop strategies to maximize public input and participation and ensure transparency of the process. The community engagement portion of the comprehensive planning process took place over an 8- month period from November, 2007 to the end of June, 2008. 8 public workshops were held which were attended by numerous citizens, stakeholders and other community members. A report has been prepared which describes the comprehensive planning and community engagement process and contains recommendations relating to the implementation of Proposition D that reflect the input of citizens, stakeholders and other community members that participated in the process. The report is attached to this Agenda Bill as Exhibit A to the DEPARTMENT CONTACT: Gary Barberio 760-602-4606 gbarb@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ti/ D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 "Report on the Comprehensive Planning Process to Implement Proposition D Cannon Road Agriculture and Open Space Lands" proposed City Council Resolution accepting the report. As called for in Proposition D, the report contains a list of open space uses that the community believes will be appropriate and desirable for the lands when the private property owners determine that agriculture is no longer economically viable. The report also contains a recommended list of agricultural uses and incentives 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 followed will result in open space uses being developed on the lands in a manner that reflects the community's desires, values and vision for the lands consistent with Proposition D. The public input contained in the report will provide direction to staff in preparing amendments to the existing zoning and land use documents. Council's acceptance of the report completes the comprehensive planning process required by Proposition D. A proposed City Council Resolution of Intention has been prepared for Council consideration directing staff to prepare and process the zoning and related land use document amendments based upon the City Council's consideration of the recommendations contained in the Report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands. FISCAL IMPACT: The cost to conduct the community engagement portion of the Comprehensive Planning Process was $90,044. The City Council previously allocated $100,000 from the General Fund to fund the goal program to implement Proposition D. Remaining cost to complete the Comprehensive Planning Process and fully implement the proposition will consist of staff time to prepare and process the final implementing actions. ENVIRONMENTAL IMPACT: Proposition D previously went through full environmental review in accordance with the California Environmental Quality Act (CEQA). The Comprehensive Planning Process is being conducted to specifically fulfill a provision of Proposition D (Section 5.3) and additional environmental review is not required at this time. Any further actions resulting from the process or as required to fully implement Proposition D such as Zoning, Local Coastal Program, or related land use document/amendments may require subsequent environmental review. EXHIBITS: 1. City Council Resolution No. 2008-268 (Report on the Comprehensive Planning and Community Engagement Process attached to the Resolution as Exhibit A) 2. City Council Resolution of Intention No. 2008-269 1 RESOLUTION NO.2008-268 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE 3 REPORT ON THE COMPREHENSIVE PLANNING AND 4 COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D FOR THE CANNON 5 ROAD AGRICULTURE AND OPEN SPACE LANDS AND DISBANDING THE SEVEN-MEMBER CITIZENS 6 LIAISON COMMITTEE. 7 WHEREAS, on November 7, 2006, Carlsbad voters approved Proposition D, 8 entitled the "Preserve the Flower and Strawberry Fields and Save the Carlsbad 9 Taxpayers Money" proposition; and 10 WHEREAS, Proposition D included a provision for the City to initiate a 11 comprehensive planning process with broad public participation and input to fully 12 implement the proposition and to determine what open space, recreational and public 13 uses should ultimately be permitted on the privately-owned lands affected by the 14 proposition now referred to as the Cannon Road Agriculture and Open Space Lands; 15 and 16 WHEREAS, on July 10, 2007, the City Council approved a work program for 17 engaging the community in the comprehensive planning process called for in 18 Proposition D and appointed a seven-member Citizens Liaison Committee to oversee 19 the community engagement process, and 20 WHEREAS, the community engagement portion of the comprehensive planning 21 process took place over an eight month period from November, 2007 to the end of 22 June, 2008 and has now been completed, and 23 WHEREAS, a Report on the Comprehensive Planning and Community 24 Engagement Process to Implement Proposition D for the Cannon Road Agriculture and 25 Open Space Lands has been prepared for City Council review and acceptance which 26 describes the process and contains community supported recommendations for the full 27 implementation of Proposition D, and 28 WHEREAS, the report is attached to this resolution as Exhibit A, and WHEREAS, the seven-member Citizens Liaison Committee has fulfilled its duties to maximize community participation and ensure transparency throughout the process 4 and can now be disbanded. 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 6 Carlsbad, California, as follows: 7 1. That the above recitations are true and correct. 8 2. That the City Council accepts the Report on the Comprehensive Planning and 9 Community Engagement Process to Implement Proposition D for the Cannon Road 10 Agriculture and Open Space Lands attached to this resolution as Exhibit A. 3. That the City Council dissolves the seven-member Citizens Liaison Committee and commends the Committee members for their outstanding efforts. 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 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. EWIS, Mayor ATTEST: ^,/ORRAINf A/I. WOdipJCity Clerk Prop D Creating a Community Vision Final Report EXHIBIT “A” 1CREATING A COMMUNITY VISION FOR THE CANNON ROAD AGRICULTURE AND OPEN SPACE (PROP D) LANDS FINAL REPORT September 23, 2008 2REPORT 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. 3 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. 4Site 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. It 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 5and to “brainstorm” potential, future open space uses when agriculture is no longer economically viable. There was 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 6Principles, 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. 7Many 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 8Secondary 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. It 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) 9The 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 café is developed in conjunction with and on the same 10site 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 the 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) 1117. 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: 12Overarching 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 13Implementing 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 14open 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? 15MEMBERS OF CITIZENS LIAISON COMMITTEE Bill Dominguez Sondra 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 Jane Mobaldi, Assistant City Attorney – Legal Counsel Val Brown, Video Production Manager Barbara Nedros, Administrative Secretary PARTICIPATING CONSULTANTS Lewis Michaelson, Katz and Associates Michael Holzmiller, Holzmiller Planning 16 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 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 10 21.52, to prepare and process the necessary amendments to existing zoning and 11 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: c Company 1888 Century Park East, Suite 450 Century City, CA 90067 310. 247. 0900 Fax: 310.247.1525 C July 15, 2008 Prop D Citizens Liaison Committee City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Honorable Committee Members: On behalf of M&A Gabaee, LP owners of site 3, which is comprised of 26 acres located on the south side of Cannon Road on Legoland Drive. We would like to extend our most sincere appreciation for your dedication and commitment in bringing to fruition the goals and vision of Proposition D. We have participated in all of the community conversations and committee meetings and commend you and your staff. The meetings have been conducted with the utmost professionalism and have been impartial. We realize that this process has not only been time consuming for you, but has also been challenging in making sure that the spirit and intent of the law be carried out. The residents and property owners of Carlsbad have been represented well! We are excited to enter the next phase of this process and assure you that we remain committed. It has been stated at several of the meetings that perhaps a design charrette and focus of each individual site may be considered. We support this concept and will cover all costs associated with the review of our site. We also welcome the opportunity to have an active participation in this process. The fate and vision of these lands are in your hands and trust that at the conclusion of this process, we will have a living breathing document that will be implemented and fulfill the desires of not only the stakeholders but the entire community. Thank you, for your courtesy and assistance in this matter. If you have any questions please do not hesitate to contact me or Sarah M. Withers at 310.247.0900. Thank you, Arman Gabay Principal Cc: Sarah M. Withers, Charles Company Public Outreach Program Public Outreach Program Prop D Citizen Liaison Committee –7 membersCity Council appointedNorthwest Quad (Nygaard):Diane LantzNortheast Quad (Hall):Pat KurthSouthwest Quad (Packard):Mark WinklerSoutheast Quad (Kulchin):FarrahDouglasCommission AppointmentsPlanning Commission:Bill DominguezSondra Boddy(Alt)Parks & Recreation:Jim ComstockArts Commission:Gary HillPURPOSE: Oversee process, ensure transparency, maximize participationMet 17 times Public Outreach ProgramPublic Outreach ProgramGoal TeamGary Barberio, Assistant Planner Director, Team LeaderSandy Holder, Community Development DirectorCynthia Haas, Economic Development & Real Estate ManagerMark Steyaert, Interim Parks & Recreation DirectorVal Brown, Video Production ManagerStaff Assistance from:Jane Mobaldi, Legal CounselDennis VedderRachel McGuireCourtney EnriquezGreg WallaceConsultant Assistance from:Michael HolzmillerLewis Michaelson, Katz & AssociatesLife Support from:Barbara Nedros Brief HistoryBrief HistoryWhat did Prop D do?26 Acres171 AcresApprox. 300 Acres45 Acres53 Acres Brief History Brief History ƒƒPermanently preserved lands as Open Permanently preserved lands as Open SpaceSpaceƒƒProhibited Residential;Prohibited Residential;& Commercial & Industrial uses & Commercial & Industrial uses ––except as related to Agriculture and except as related to Agriculture and Open SpaceOpen SpaceƒƒEncouraged continuation of AgricultureEncouraged continuation of AgricultureWhat did Prop D do? Brief History Brief History What did Prop D do?Required City to:“initiate a comprehensive planning process with broad public participation & input to accomplish full implementation of the measure” Brief History Brief History What did Prop D do?Purpose of comprehensive planning process:“determine the most appropriate Open Space, Recreational, & public uses for the area, should farming become no longer economically viable”“achieve complete GP, Zoning, & LCP consistency so that the full intent of the measure can be implemented by the City” Public Outreach ProgramPublic Outreach Program2 “Community Conversations”November 07 –The CrossingsDecember 07 –Faraday CenterBrainstormed:potential Open Space usespotential agricultural incentives Over 250 citizens in attendance Public Outreach ProgramPublic Outreach ProgramFour “Continued Conversations”–March 2008Topic Specific: Agriculture; Passive, Active, & Cultural/Civic Open SpaceƒRefined potential list of usesƒDesirable vsundesirable OS & Agricultural usesƒInput on potential Agricultural incentives/subsidiesApproximately 150 citizens in attendance Public Outreach ProgramPublic Outreach ProgramOn-line survey –March 2008Same four surveys as “Continued Conversations”Introduced with educational videosƒ+300 participatedƒSignificant additional input on potential list of uses Public Outreach ProgramPublic Outreach Program“Synthesis”Workshop –April 2008ƒFinal refinement to potential OS use listƒInput on how to allocate uses to create an overall visionApproximately 70 citizens participated Public Outreach ProgramPublic Outreach ProgramFinal Public Outreach Workshop –June 2008ƒInput on Guiding PrinciplesƒAttendees participated in a creative“conceptual visioning”drawing exerciseApproximately 30 citizens participated Public Outreach ProgramPublic Outreach Program Public Outreach ProgramPublic Outreach ProgramOutcomes:Agriculture:List of Agriculture & related uses (primary & secondary)Agricultural incentives suggested by CommunityƒDesire to see agriculture continue as long as possibleƒAcknowledged lands are privately owned Public Outreach ProgramPublic Outreach ProgramOutcomes:Open Space:List of Open Space uses (primary & secondary)ƒDesire for OS uses not presently provided in the CityƒAcknowledged lands are privately owned & not public Public Outreach ProgramPublic Outreach ProgramPurpose of Guiding Principles Purpose of Guiding Principles ––To guide future uses and development in a To guide future uses and development in a manner which supports the community vision for manner which supports the community vision for the landsthe landsOutcomes: Guiding Principles Public Outreach Program Public Outreach Program ––Significant AccomplishmentsSignificant AccomplishmentsƒƒCity went above & beyond to involve all City went above & beyond to involve all citizenscitizensƒƒCity demonstrated a new level of public City demonstrated a new level of public involvementinvolvementƒƒWillingness of citizens to participateWillingness of citizens to participateƒƒA successful pilot that needs to be repeatedA successful pilot that needs to be repeatedƒƒCitizens Liaison Committee was uniqueCitizens Liaison Committee was uniqueƒƒPartnership between staff and CommitteePartnership between staff and Committee Public Outreach ProgramPublic Outreach ProgramOutreach Methods (+800 participants):Direct mail postcard invitationsEmail listNewspaper adsPress ReleasesCarlsbad magazineWater/Trash Bill insertsCity website and Carlsbad ConnectedPoster Boards & postcards at City facilities & Community locationsCommittee member outreachHOA, Chamber email lists Public Outreach ProgramPublic Outreach ProgramNext Steps:ƒUse Guiding Principles and Use list to prepare Zoning Ordinance ƒPrepare changes to LCP & Carlsbad Ranch SPƒPublic outreachƒProcess thru PC & CCƒProcess thru CCCHow can the Community working with the property owners, make the “vision”a reality? (Public/Private Partnerships) TonightTonight’’s s Recommendation Recommendation Adopt Resolution No. 2008-268-accepting the Report-dissolving the Citizens Liaison CommitteeAdopt Resolution of Intention No. 2008-269-directing staff to prepare zoning and related land use documents necessary to implement Proposition D