HomeMy WebLinkAbout2022-09-21; Planning Commission; ; PCD2022-0003 (DEV2022-0168) - STRAWBERRY FIELD OUTDOOR ENTERTAINMENT USE
Item No.
Application complete date: N/A
P.C. AGENDA OF: Sept. 21, 2022 Project Planner: Kyle Van Leeuwen
Project Engineer: N/A
SUBJECT: PCD2022-0003 (DEV2022-0168) - STRAWBERRY FIELD OUTDOOR ENTERTAINMENT USE
Request to consider a timely appeal of the City Planner’s determination that various uses
and related outdoor activities within the Public Utility (P-U) Zone require the approval of
a Conditional Use Permit.
I. RECOMMENDATION
That the Planning Commission APPROVE Planning Commission Resolution No. 7463, DENYING the appeal
of Jimmy Ukegawa, upholding the City Planner’s determination that only the uses outlined in the City
Planner’s determination are allowed by-right; and that a Conditional Use Permit is required to establish a
fairgrounds use and related outdoor activities, such as stage performances, inflatable bounce houses, on-
site alcohol sales and consumption, and games of chance or skill, within the Public Utility (P-U) zone.
II. PROJECT DESCRIPTION AND BACKGROUND
Jimmy Ukegawa (appellant) is the operator of the agricultural operation on the area of land located east
of Interstate 5 (I-5), north of Cannon Road, and south and west of the Agua Hedionda Lagoon, typically
referred to as the “Strawberry Fields”. In addition to a variety of agricultural crops produced on site, the
site has also been historically utilized for various agriculturally based activities and agrotourism, including
but not limited to strawberry picking, tractor rides, and corn mazes. Over the last few years these
additional activities have expanded to include seasonal installations such as a mechanical bull, inflatable
slides and “bounce houses”, small games, and mobile food trucks. The site has also hosted special events
sponsored by third party groups such as Rotary Club and the Agua Hedionda Lagoon Foundation.
As the additional onsite activities have expanded, concerns have been raised about additional impacts
created by this expansion and to what extent these additional uses are accessory. In early 2022, a code
enforcement complaint was received related to the uses at the location. Given the continued state of
emergency for the novel coronavirus pandemic (COVID-19) and ongoing recovery and business relief
efforts, no code enforcement action was taken at that time. However, on May 4, 2022, a letter was
provided from Mike Howes (on behalf of Jimmy Ukegawa) to Jeff Murphy, Community Development
Director, requesting a determination as to whether specific uses would be authorized “by-right” within
the definitions and allowances of the Public Utilities Zone (i.e., where a permit application is not required)
(attached to Exhibit 2).
On July 18, 2022, the City Planner, under authority granted through Carlsbad Municipal Code (CMC)
21.36.020 (C), provided a determination of what land use activities are similar in intent and purposes of
the Public Utility Zone under the “Agricultural” and “Recreational” uses that are permitted, or allowed
“by-right” without additional discretionary permitting. (Exhibit 2).
1
Staff Report
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PCD2022-0003 (DEV2022-0168) - STRAWBERRY FIELD OUTDOOR ENTERTAINMENT USE
Sept. 21, 2022
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On July 28, 2022, Jimmy Ukegawa, the operator of the Strawberry Fields, timely filed a written appeal of
the City Planner’s determination to the Planning Commission, which is attached hereto as Exhibit 3. The
appeal stated that all additional onsite uses are “ancillary” to the agricultural use and should be allowed
without any additional permitting. Subsequently, on August 3, 2022, additional information was provided
through correspondence from the operator’s representative (Exhibit 4) outlining specific requests based
on the tables of uses within the determination. The issues raised in the appeal, and the requests of the
August 3, 2022, letter, and staff’s responses to each item are outlined in the “Analysis” section. Letters
and emails received prior to the publish date of this report are included as Exhibit 5. One item that is part
of many of the letters is Proposition D: Preserve the Flower and Strawberry Fields and Save Carlsbad
Taxpayers' Money. Proposition D required the city to develop special zoning standards for all lands located within the voter initiative area. In response, the City Council adopted Chapter 21.209 which created the
Cannon Road Agricultural/Open Space Zone. Two important points of clarification based on comments
received are:
1) The 50-acre parcel north of Cannon Road that includes most of the current operation, along I-5
was not included in Proposition D, and
2) While Proposition D did apply to the remaining properties North of Cannon Road and west of the
50-acre parcel. The Zoning standards implementing Proposition D for these properties was not
approved by the Coastal Commission. Therefore, while the restrictions of the proposition are in
effect on this area, the land use and zonings for this area is still within Coastal Commission’s
jurisdiction and subject to their review and approval for future uses.
Table A below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties. Exhibit 6 provides a location map of the property.
TABLE A – SITE AND SURROUNDING LAND USE
Location General Plan Designation Zoning Current Land Use
Site VC/OS – Visitor Commercial
/Open Space
P-U – Public Utility Agricultural
North OS - Open Space OS – Open Space Agua Hedionda Lagoon
South R - Regional Commercia C-2 – General Commercial Car Dealership
East OS - Open Space OS – Open Space Open Space/ Agricultural
West P – Public P-U – Public Utility 5 freeway/ Public Utility
The site is within the Coastal Zone for the City of Carlsbad and currently designated as Tourist Services
within the Local Coastal Program Land Use Map. The Local Coastal Program update would modify this
designation to Visitor Commercial/ Open Space designation. The property is within the “deferred
certification zone” in the Local Coastal Program. Therefore, any Coastal Development Permits would be
reviewed and approved by the California Coastal Commission.
III. ANALYSIS
Pursuant to CMC Section 21.54.140, any written decision or determination of the City Planner may be
appealed. The appeal stays the decision, and as such no Code Enforcement Action will be undertaken until
the appeal is resolved. Furthermore, the code states that “the appeal shall specifically state the reason
or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence
that the grounds for the requested action exist.” Grounds for appeal shall be limited to the following: 1)
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that there was an error or abuse of discretion on the part of the city planner in that the decision was not
supported by the facts presented to the city planner prior to the decision being appealed; or 2) that there
was not a fair and impartial hearing if applicable to the decision.
Accordingly, the analysis included in the Sept. 21, 2022, Planning Commission Staff Report focuses on the
issues raised in the original application, in this case the May 4, 2022, letter, and the appeal received.
Pursuant to CMC Section 21.54.140.C, “The planning commission may affirm, modify, or reverse the
decision of the city planner, and make such order supported by substantial evidence as it deems
appropriate, including remand to the city planner with directions for further proceedings.” Additionally,
the Planning Commission action could subsequently be appealed to the City Council.
Uses generally and allowed in the Public Utility Zone
Title 21 of the CMC is defined as the Zoning Ordinance for the City of Carlsbad. The Zoning Ordinance
establishes the process and standards for the regulation of land uses and activities. The Zoning Ordinance
consists of text and a map that classifies all land into various districts. Each district controls the manner in
which land can be used. If a proposed land use activity is not specifically listed in the permitted use table
(by zone district text, zones established by map, or combination thereof), the use or activity shall not be
allowed (CMC 21.05.080) The City Planner may determine that a proposed land use activity may be
allowed if such similar use falls within the intent and purposes of the zone, and is substantially similar to
the specified permitted uses.(CMC 21.36.020(C).” Additionally, the evaluation also considered what land
use activities will not involve a greater level of activity, population density, intensity, traffic generation,
parking, dust, odor, noise, or similar impact. When the city planner determines that a proposed but
unlisted land use or activity is equivalent to a listed use, the proposed use or activity will be treated in the
same manner as the listed use in determining where the use or activity is allowed, what permits are
required, and what other standards and requirements of this title apply.
The zoning of the subject property is designated as Public Utility in the city’s zoning map. The divisions of
districts relate to the applicable regulations of the Zoning Ordinance. The Public Utility Zone allows for a
variety of uses that are either permitted, conditionally permitted subject to obtaining a Conditional Use
Permit, or identified as Accessory uses to a permitted use. The zone is applied to properties owned by
the city or other quasi-public agencies. Under the Zoning Ordinance, agriculture is allowed as a permitted
use in many zones, including the Public Utility Zone. Recreational facilities (public or private, passive, or
active) are also permitted use in the P-U zone, whereas most zones require a Conditional Use Permit to
operate a recreational facility.
The land use activities requested by the operator of the Strawberry Fields would more commonly be
defined as agriculture tourism, or agritourism uses. The National Agricultural Law Center states that
Agritourism is “a field that is growing in popularity as producers try to diversify and increase profits.” Many
cities and counties in California have modified zoning ordinances to allow for broader uses in agricultural
areas. As part of these legislative actions, environmental impacts, standards for operations, and future
permitting process are outlined in a public process. Agritourism is not a listed use in the permitted use
table of the Public Utility Zone.
The authority granted to the City Planner is limited in determining if the “agritourism” related land uses
and activities can be considered either substantially similar or accessory to uses that are allowed under
the existing Zoning Ordinance. As defined by the CMC, “Accessory means a building, part of a building or
structure, or use which is subordinate to and the use of which is incidental to that of the main building,
structure or use on the same lot. If an accessory building is attached to the main building by a common
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wall such building area is considered a part of the main building and not an accessory building or
structure.” (CMC 21.04.020.)
The City Planner evaluated the list of requested land use activities provided by the operator and issued a
determination as to whether they were similar to other permitted land uses or would require special
entitlements. As such, the determination provides for uses that are allowed, such as agriculture, u-pick
operations, tractor rides, fruit and vegetable stands, mazes, food trucks, shaded tents, fire trucks, and
story times. (There is only one minor disagreement and a majority of this portion of the determination
was not appealed.)
The determination also highlighted uses that are not permitted “by-right,” and would require special
entitlements. This is the subject of the July 28, 2022, appeal. Those uses determined not to be considered
substantially similar are:
• Stage and musical performances
• Inflatable bounce houses
• Mechanical bull riding
• Alcohol sales and consumption
• Games and face painting
• Food trucks (exceeding municipal code requirements)
• High pressured cannon that shoots apples at targets
The City Planner’s determination is that the above listed uses, when considered collectively or individually,
are more reflective of the “fairgrounds” land use activity, which is allowed within the P-U Zone with the
approval of a Conditional Use Permit approved by the City Council. The City Planner came to this
determination because the characteristics of, and activities associated with, the above land uses and
activities are not equivalent to other land uses permitted in the P-U Zone.
Issues cited in appeal
An appeal was filed timely requesting Planning Commission consideration of additional uses to be
considered as “ancillary” to the main agricultural use. In this context, ancillary can have the same meaning
as accessory. The additional letter received following the appeal requests specifically the following:
• Requested change from “Shade Tents” to “Shade Structures” within the allowed uses
• Requested allowances for the following to be considered as allowed by-right:
o Modify the restriction on games of chance or skill to allow for bean bag toss (commonly
known as “cornhole”) and large-scale chess sets.
o Face Painting
o Stage
o Bounce houses
The appeal did not request reconsideration of musical performances, alcohol sales, the mechanical bull,
or the apple cannons. The appellant’s request and staff’s response are included in the remainder of this
section.
- Shade Tents
o Appellant’s position
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Shade Tents are identified as an allowed use in the determination, subject to requiring a tent
permit from the Fire Department. Applicant requested a modification to allow for Shade
Structures.
o Staff’s response
The primary difference between the Shade Structures and Shade Tents would be the temporary
versus permanent nature of them. Staff would not be opposed to allowance of Shade Structures,
as long as they are either consistent with the uses allowed in City Planner’s determination and
the applicable sections of the Carlsbad Municipal Code; the Fire Code (Title 17) and Building Code
(Title 18).
- Games of Change or Skill, Face Painting, Stage, and Bounce Houses
o Appellant’s position
The applicant requested that the determination be modified to interpret that the Zoning
Ordinance allows for these uses by-right on the site.
o Staff’s response
None of the uses requested are defined in the Zoning Ordinance. The only similar instance of
these specific uses is for “games of skill”, which is a permitted use with the approval of a
Conditional Use Permit in the Residential Tourist (R-T) Zone. Multiple zones within the zoning
ordinance allow for the “fairground” use, subject to a Conditional Use Permit issued by the City
Council. No evidence was submitted prior to or as part of the appeal package outlining how these
uses would be considered accessory or substantially similar to the uses that are allowed by-right
within the public utility zone.
The determination states that these uses, “considered collectively, are more reflective of the
fairgrounds use type.” It can be further interpreted that the existence of the “fairground” use and
its allowance in multiple zoning designations through a Process 3 Conditional Use Permit is a
precedent established by the code, indicating that the intensity of the use has impacts that must
be evaluated on a case-by-case basis before allowed in any location. CMC 21.41.010 states, “The
purpose of the minor conditional use permit or conditional use permit is to allow special
consideration for certain uses to be located in zones other than those in which they are classified
as permitted because of their particular characteristics.” If the intention of the Zoning Ordinance
was to allow these uses by-right in additional areas of the city, it would not require the additional
permits. The authority of the City Planner is to determine which uses are substantially similar to
an allowed use, and determined these uses are most similar to the “fairground” use type. In order
to overturn this decision, the Planning Commission must determine if substantial evidence has
been submitted that this determination in is error.
A legislative action to amend the zoning ordinance to modify the Zoning Ordinance to allow for
additional uses by-right would be the more appropriate method to allow these uses if the
Conditional Use Permit is not pursued. Through a public process, conditions and thresholds could
be clearly established within the Zoning Ordinance that apply to one or more zoning designations
citywide; under the authority granted to the City Council after a recommendation from the
Planning Commission. Standards around setbacks from roadways, hours of operations, lighting,
definitions restrictions on size (such as percent of area allowed for non-agriculture attractions),
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or types of games allowed (e.g., cornhole or large chess sets) would all be determined through
this legislative process.
Additional Options for Proposed Uses
The City Planner does not dispute the public interest in these desired land uses, their entertainment value,
and the marketability that these commercial enterprises might bring to attract visitors and help subsidize
the continued operation of the Strawberry Fields. However, a permit and/or license under the Zoning
Ordinance is required to ensure that the uses and activities are maintained in compliance with the
provisions of the CMC, or any condition of approval granted by the city, to avoid minimize or reduce
specific adverse impacts upon public health, safety, and welfare. As outlined in the City Planner’s July 18,
2022, determination, there are two additional options to allow the review and consideration of the
desired uses on the property, they are as follows:
Special Event Permit – There is an existing process outlined in CMC Chapter 8.17 to allow special events
of various lengths and types. Special events are typically short-term in nature, occurring over a two-to-
four-day period. They could be authorized through a Major or Minor Special Event, or through a Private
Property Permit issued through Community Development. Additional information on these events is
available in Info Bulletin 108 (IB-108)
Conditional Use Permit - The uses not allowed by-right could be allowed under a Conditional Use Permit
for a “fairground” as outlined in CMC Section 21.36.020. This use is allowed under a Process 3 permit,
which would be approved by the City Council. Findings would be required to be made for compatibility
with surrounding uses, the General Plan, the certified local coastal program, that the site is adequate to
accommodate the uses, and the street system can adequately handle the traffic generated by the
proposed use. Required findings are outlined in CMC 21.42.030. Additionally, once a proposed project is
determined, Community Development would recommend a preliminary review to determine the level of
documentation required under the California Environmental Quality Act and permitting that would be
required from the California Coastal Commission. This area is in the deferred certification area; therefore,
all Coastal Development Permits would need to be authorized by the California Coastal Commission.
IV. ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act Guidelines 15378(b)(2), adoption of Resolution No.
7463, affirming the City Planner’s determination is not a project, as it is general policy and procedure
making related delegated authority interpreting the Zoning Ordinance.
EXHIBITS:
1. Planning Commission Resolution No. 7463
2. City Planner Determination dated July 18, 2022
3. Appeal dated July 28, 2022
4. Additional Appeal Materials dated August 4, 2022
5. Communication Received
6. Location Map
EXHIBIT 1
PC RESO NO. 7463
PLANNING COMMISSION RESOLUTION NO. 7463
AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE
DETERMINATION OF THE CITY PLANNER THAT CERTAIN USES ARE
SUBJECT TO REGULATIONS AS A FAIRGROUNDS AND REQUIRE A
CONDITIONAL USE PERMIT IN THE PUBLIC UTILITIES ZONE
CASE NAME: STRAWBERRY FIELD OUTDOOR ENTERTAINMENT USE
CASE NO.: PCD2022-0003 (DEV2022-0168)
WHEREAS, Jimmy Ukegawa (appellant) is the operator of the agricultural operation on the area of land
located east of Interstate 5 (I-5), north of Cannon Road, and south and west of the Agua Hedionda Lagoon,
typically referred to as the “Strawberry Fields;” and
WHEREAS, the subject property is designated Public Utilities of the Zoning Ordinance, Title 21 of the
Carlsbad Municipal Code, which is allowed to have “agricultural” and “Recreational Facilities” by-right; and
WHEREAS, on May 4, 2022, Mike Howes, the operators representative, submitted a request for a
determination on what uses were allowed as by-right within the Public Utility Zone; and
WHEREAS, the City Planner, on July 18, 2022, under authority granted by Carlsbad Municipal Code
21.36.020(C), provided a determination of what land use activities are similar in intent and purposes of the
Public Utility Zone under the “Agricultural” and “Recreational” uses that are permitted, or allowed “by-right”
and certain uses that are allowed under the “fairgrounds” classification that requires a Conditional Use Permit
to be reviewed and considered by the City Council; and
WHERAS, on July 28, 2022, the City Planner determination was timely appealed by the appellant under
Section 21.54.140 of the Carlsbad Municipal Code. Additional information was provided through
correspondence from Mike Howes, the operator’s representative, on August 3, 2022; and
WHEREAS, an appeal made to the Planning Commission must specify the decision appealed, the alleged
error made in connection with the decision being appealed, and the reasons the appellant claims the decision
to be made in error as it is the appellant’s burden to prove that the decision made by the City Planner was
incorrect. The appellant has specified the applicable Title 21 interpretations that is subject of the appeal and
itemized the grounds for the appeal in the July 28, 2022 and August 3, 2022 letters; and
PC RESO NO. 7463 -2-
WHERAS, pursuant to the California Environmental Quality Act Guidelines 15378(b)(2), administrative
rulemaking or making interpretations of existing codes, or affirming the City Planner’s determination in this
instant, is not considered a “project” pursuant to CEQA, as it is general policy and procedure making related
delegated authority interpreting the Zoning Ordinance; and
WHEREAS, the Planning Commission of the City of Carlsbad, held a duly noticed public hearing to
consider the appeal of the City Planner’s determination; and
WHEREAS, at said public hearing, upon hearing and considering all evidence, testimony and arguments,
if any, of all persons desiring to be heard, said Commission considered all factors relating appeal of the City
Planner’s determination.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A) That the foregoing recitations are true and correct.
B) The Planning Commission reviewed the City Planner’s decision based on applicable standards
(Carlsbad Municipal Code, Chapter 21.54) and determined its correctness. No substantial
evidence has been received to demonstrate that the City Planner‘s determination included an
error or abuse of discretion.
C) The appeal of the City Planner’s determination is denied.
D) The decision of the City Planner, which is reaffirmed by the Planning Commission, as to which
land use activities are conditionally permitted in the Public Utility Zone is final unless timely
appealed to the City Council. A permit and/or license under Carlsbad Municipal Code, Title 21
for a conditionally permitted use or activity requiring a conditional use permit or variance shall
be reviewed and considered pursuant to Chapter 21.42 or 21.50, respectively. The decision
reached of this qualifying matter does not have any legally binding effect on any possible future
discretionary action related to the property or use thereof.
PC RESO NO. 7463 -3-
NOTICE
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive,
Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision.
Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state
the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial
review.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, held on September 21, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JOESEPH STINE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MIKE STRONG
Assistant Community Development Director
EXHIBIT 2
Page 1 of 8
July 18, 2022
Mr. Mike Howes
Howes Weiler Landy Planning & Engineering
2888 Loker Avenue East, Suite 217
Carlsbad, CA 92010
C cityof
Carlsbad
VIA EMAIL AND MAIL
SUBJECT: ZONING DETERMINATION OF THE CITY PLANNER ON VARIOUS PROPOSED USES AND ACTIVITIES
WITHIN THE PUBLIC UTILITY (P-U) ZONE
Dear Mr. Howes:
The Community Development (CD) Department is in receipt of your letter dated May 4, 2022 (Attachment A)
where you propose that the various uses identified in your correspondence fall within the intent and purpose
provided under either the "Agriculture" and/or "Recreational facilities (public or private, passive or active)" use
types, which are permitted within the Public Utility (P-U) Zone without the need for discretionary approval. You
are requesting a City Planner zoning determination pursuant Carlsbad Municipal Code (CMC) §21.36.020.C.
OVERVIEW
It is important to clarify that the City Planner determination on this matter will not be limited to the subject
property, which is located at the northeast corner of Interstate 5 and Cannon Road commonly referred to as the
Strawberry Fields; the City Planner determination will apply to all zones citywide that permit or conditionally
permit "Agriculture" and/or "Recreational facilities."
Additionally, the Strawberry Fields is comprised of two legal lots (APN 211-010-24 and 211-010-31), which are
subject to two different zoning designations. Parcel -31 is subject to the Open Space (OS) Zone and the
Commercial/Visitor-Serving Overlay Zone. However, pursuant to CMC §21.208.040, the overlay zone defaults
to the underlying zoning {OS Zone) for a listing of permitted uses. The latest aerial image shows field crops,
additional parking and agricultural equipment on this parcel.
Parcel -24 is subject to the Public Utility (P-U) Zone and the Commercial/Visitor-Serving Overlay Zone, which as
mentioned above defaults to the underlying zoning (P-U Zone) for a listing of permitted uses. Based on latest
aerial imagery, the retail stand and the primary parking area are on this parcel. The uses listed in the May 4 letter
either have or are proposed to be located on this parcel. As such, the remainder of this letter shall focus on the
P-U Zone.
CITY PLANNER DETERMINATION
As a point of clarification, Agriculture1 is not a use type that is specifically listed in Table A-Permitted Uses of
CMC §21.36.020 (P-U Zone). However, the table does identify "Crop production," "Tree farms," "Floriculture,"
and "Nursery crop production" as permitted uses under the P-U Zone. Since these permitted uses are related
1 Per CMC §21.04.023, "Agriculture means farming in all its branches, including the cultivation and tillage of the soil, dairying, the
production, cultivation, growing, and harvesting of any agricultural or horticultural commodities ... the raising of livestock, bees, furbearing
animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident
to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for
transportation to market."
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
EXHIBIT 2
Page 2 of 8
Mr. Howes
July 18, 2022
Page 2
to the practice of soil cultivation, crop production, or in varying degrees the preparation and marketing of
the resulting products, the City Planner, pursuant to CMC §21.36.020.C, has determined that agriculture is
allowed as a permitted use in the P-U Zone. As such, the agriculture activities and uses listed in Table 1
below, as referenced in your letter dated May 4, 2022, are permitted year-round without the need for
discretionary approval.
Table 1-Uses Permitted as "Agricultural" Use Type
• Cultivating fruits (i.e., strawberries)
• Cultivating flowers (i.e., sunflowers)
• Cultivating vegetables (i.e., pumpkins/corn)
Your letter also referred to a number of activities that may be considered accessory2 to the permitted
agriculture. Based on the definition of accessory uses, the City Planner finds that the activities and uses
listed in Table 2 below, as referenced in your letter dated May 4, 2022, are considered "accessory" to the
permitted "agriculture" uses listed in Table 1 and therefore permitted year-round without the need for
discretionary approval.
Table 2 -Uses "Accessory" to "Agricultural" Use Type
• U-pick strawberries • Flower/corn/haunted maze • Hay bale pyramid
• Fruit & veg. stand1 • Photo opportunity areas ---• Story time2
• Flower field visits • Shaded tents3 • Food trucks4
--~----
• U-Pick Pumpkin • Tractor rides • Fire truck
1Subject to standards set forth under CMC §21.208.040 for roadside stand; 2Per your letter dated May 4, 2022,
stories will relate to farming relative to Carlsbad's history; 3May require a tent permit from the Fire Department
{442-339-2665}; 45ubject to the requirements set forth in CMC §8.32.100.
Regarding the use type "Recreational facilities (public or private, passive or active)," the term is not defined
under CMC §21.04. However, the term is used in the Open Space, Conservation, and Recreation Element of the
city's General Plan. Specifically, Chapter 4.5 (Parks and Recreation) states the following:
"Active and Passive Recreation. Active park areas typically provide a form of organized
and/or supervised recreation, such as gymnasiums, swim complexes, multi-use ball fields,
tot lots, hard court play surfaces, volleyball, horseshoe areas, BMX bike courses, and skate
parks or a combination thereof. Passive park areas often provide minimal or no amenities
associated with active use. The very nature of passive use implies quiet, contemplative, low
impact activity, such as nature trails, walkways, picnic tables, benches, and small turf and/or
landscaped areas."
Considering the language in Chapter 4.5 and how recreational related uses have historically been interpreted in
the city, the City Planner finds, pursuant CMC §21.36.020.C, that the remaining uses identified in the letter dated
May 4, 2022, which are listed below in Table 3, are not similar in intent or purpose of either the "Recreational
facilities" or "Agriculture" use type, and therefore not permitted by-right in the P-U Zone .
2 Per CMC §21.04.020, "Accessory means a building, part of a building or structure, or use which is subordinate to and the use of which
.is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a
common wall such building area is considered a part of the main building and not an accessory building or structure."
EXHIBIT 2
Page 3 of 8
Mr. Howes
July 18, 2022
Page 3
Table 3 -Uses Not Permitted as "Recreational Facilities" or "Agricultural" Use Type
• Stage & musical performances • Inflatable bounce houses • Mechanical bull riding
• Alcohol sales/consumption • Games1/Face painting • Food trucks2/vendors
• High pressured cannons that shoot apples at targets
1/nc/udes activities and games of chance or skill; 2Food trucks on site that exceed the requirements set forth in CMC §8.32.100.
Rather, the City Planner finds that uses listed in Table 3 above, when considered collectively, are more reflective
of the "Fairgrounds" use type. While not defined in the CMC, fairgrounds typically involve outdoor exhibitions,
activities, and services available to the general public. Pursuant to Table A -Permitted Uses of CMC §21.36.020,
Fairgrounds are allowed in the P-U Zone with an approved Process 3 (City Council) Conditional Use Permit. If,
however, the uses are considered individually or selectively grouped, the City Planner finds that, with one
exception, none of the uses in Table 3 are similar in intent or purpose of any of the use types listed in Table A
-Permitted Uses of CMC §21.36.020 and therefore prohibited.
Pursuant to Table A-Permitted Uses of CMC §21.36.020, an Aquaculture Stand is allowed pursuant to approval
of a Process 1 (City Planner) CUP. Since Aquaculture3 also involves the propagation, cultivation, maintenance,
and harvesting of plants, the City Planner finds, pursuant CMC §21.36.020.C, that an agricultural stand that
exceeds the 200 square foot size limit stated in CMC §21.208.040 can be allowed with an approved Process 1
CUP pursuant to CMC §21.42.140.B.10. The agricultural stand products sold must be consistent with the
requirements of California Health and Safety Code §114375 (c).
This decision may be appealed to the Planning Commission pursuant to CMC §21.54.140 within ten days of
the date of this letter. Appeals must be submitted in writing to the Community Development Department;
attention City Planner at 1635 Faraday Avenue, Carlsbad, 92008 along with a payment of $786. The filing of
such appeal within such time limit shall stay the effective date of the order of the City Planner until such time
as a final decision on the appeal is reached .
CONCLUSION
Notwithstanding the zoning code interpretation, the above uses in Table 3 could temporarily be allowed via
approval of a Private Property Permit pursuant to CMC §8.17. This includes the special events listed in the May
4, 2022 letter. Such temporary event permits are short-term in nature, usually occurring over two to four days
(often over a weekend) and issued for events held on private property. At the conclusion of the event, all
equipment and activities associated with the temporary.event must be removed and site restored. In the case
of the Strawberry Fields, the site would be restored to those uses and operations associated with Table 1 and 2.
Alternatively, if the temporary special events listed in the May 4, 2022 letter impact pubic property, including
roads, and meet the definition of a Minor or Major Special Event (CMC Chapter 8.17), they could be temporarily
allowed (two to four days) through the issuance of a Minor or Major Special Event Permit. Similarly, following
the conclusion of the special event, the site would need to be restored to the uses and operations specified in
Table 1 and 2.
3 Per CMC §21.04.036, "Aquaculture means that form of agriculture devoted to the propagation, cultivation, maintenance, and
harvesting of aquatic plants and animals in marine, brackish, and fresh water. "Aquaculture" does not include species of ornamental
marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for
personal, pet industry, or hobby purposes. This definition specifically excludes hydroponics."
EXHIBIT 2
Page 4 of 8
Mr. Howes
July 18, 2022
Page 4
Regarding your request under the Freedom of Information Act for any letters of complaint that the city received
regarding the property, as previously noted the complaint that was received involved a phone call made to the
Community Development Director. As such, there are no responsive documents to your request.
If you have any questions regarding this matter, please feel to contact me at 442-339-2717 or via email at
Eric.Lardy@Carlsbadca.gov
Sincerely,
ERIC LARDY, AICP
City Planner
EL:mh
Attachment: May 4, 2022 Letter
c: Jimmy Ukewaga (via Jimmy@aviarafarmsinc.com)
Adam Smith, SDG&E Real Estate Portfolio Manager, 8335 Century Park Court, CP12A, San Diego CA
92123-1569 and via email at asmith@semprautilities.com
Jeff Murphy, Community Development Director
Mike Strong, Assistant Director
Cliff Jones, Principal Planner
EXHIBIT 2
Page 5 of 8
May 4, 2022
Jeff,
City of Carlsbad
MAY' 0 '~: ZOU
Planning Division
Per the direction we received at our last meeting we have attempted to make the
attached letter as generic as possible.
Under the Freedom of Information Act, Jimmy still requests a copy of any letters
of complaint that the City has received regarding the Strawberry Fields. Please
feel free to redact any names or addresses.
Please feel free to give me a call at your convenience after you have an
opportunity to discuss the attached memo with staff.
Mike
EXHIBIT 2
Page 6 of 8
ALLOWED USES
Based on our previous conversations and the chart provided by Don Neu, it is our understanding that
staff does not have any concerns regarding the following uses since it is their determination that they
are Agricultural in nature or directly related to the agricultural use allowed on the site:
Lavender Field
U-Pick Strawberries
Tractor Rides
Sunflower Maze
Haunted Maze
Photo Ops
Hay Pyramid
Pumpkin Patch
Corn Maze
Marigold maze/field
OTHER USES
During previous meetings, staff has expressed concerns about the uses listed below and how they relate
to agriculture. We believe that most of these uses can be related to agriculture and will help visitors to
get a better understanding of the challenges faced by agricultural uses in the Coastal area of Southern
California. We also believe that these uses can be classified as recreational uses which are permitted by
Section 21.36.020 of the Carlsbad Municipal Code which allows Recreational Facilities (public or private,
passive or active) by right in the PU, Public Utilities Zone. This is the only zone in Carlsbad that allows
recreational uses by right.
• Shaded Eating areas with stage and music
• StoryTime
• Face Painting
• Free Games
• Bounce land
• Mechanical Bull riding
• Apple Cannons
Shaded eating areas with stage & music -This use is related to the strawberry picking and walks
through the lavender fields. Agricultural operations often provide some type of shade structures
for their workers to use during their lunch breaks. Many people come to this site with young
children or senior citizens. They get tired after a walking through the fields while picking
strawberries and need a place to sit and rest out of the sun. Signs and displays will be placed in
this area explaining the agriculture process and the difficulties of continuing agriculture in the
Coastal zone. This will be a great opportunity for visitors to understand the difficulty of
maintaining an agricultural operation in the Coastal zone due to the high costs of water, labor,
fertilizers, regulations as well as the competition from foreign imports that do not face many of
these constraints. This will help them to understand why this is the last unsubsidized
EXHIBIT 2
Page 7 of 8
agricultural operation in the Coastal Zone between Mexico and Los Angles. The stage could also
be used to provide speeches/skits related to agriculture.
Story Time -Stories related to farming could be told during the story time. People taking a
break from picking crops can be entertained by hearing stories about agriculture and how it
was/is a part of Carlsbad's history.
Face Painting -Children can have their face painted with sunflowers, corn, strawberries, or
other agriculture crops. This would occur under the shaded area while they are listening to
stories.
Free Games -Free Games consist of corn hole, an agricultural related game and a giant chess
set both of which can be used free of charge.
Vendors (Food & Water) -Food trucks can often be seen at large scale agricultural operations
through-out the state. People need food and water, especially after hours of picking
strawberries in the hot sun. No matter what the city staff says people are going to demand
something to drink and eat. The City allows food trucks to operate at many of the breweries in
the industrial areas of Carlsbad without the need for a Conditional Use Permit.
Bounce land, Apple Cannons and Mechanical Bull -Although it may be difficult to directly relate
these uses to agriculture, they are clearly recreational uses which are permitted by right per
section 21.36.020 of the Carlsbad Municipal Code. However, in the spirit of cooperation the
apple cannons and mechanical bull will be removed. Bounce land is very popular with families.
The tall, highly visible slides will be removed. We propose to locate the smaller bounce facilities
within the corn field. Once the corn grows up these children-oriented bounce facilities will not
be visible to anyone outside the corn field.
SPECIAL EVENTS
The four events listed below could be considered as temporary special events that benefit an individual
group such as Rotary Club or Agua Hedionda Lagoon Foundation. The group benefiting from the event
can apply for the Special Use Permit.
Beer Garden -This use would only occur on weekends in the last weekend of September and .
the weekends in October. Each weekend would be for the benefit of a different charity and
each organization would have to apply for and obtain a Special Use Permit.
Speak Easy-The Agua Hedionda Lagoon Foundation would apply for a Special Use Permit.
Octoberfest -The Rotary Club would apply for a Special Use Permit.
CFF Fire Truck -If staff believes a Special Use Permit is required to park an antique fire engine
on the site and allow children to have their picture taken on it, the Carlsbad Fire Foundation
could apply for a Special Use Permit.
EXHIBIT 2
Page 8 of 8
DIRT ON CANNON ROAD
We understand the City's concerns about this issue and are willing to work to address any potential
concerns. We are consulting with soils and stormwater compliance engineers regarding what could be
done on site to minimize having any dirt or debris tracked onto Cannon Road. We are also willing to
have some of the workers sweep up the portion of Cannon Road adjacent to the site. This could be
done as needed very early in the morning when there is a minimum of traffic on Cannon Road.
CUMULATIVE IMPACTS
Concern was expressed about the cumulative impacts of the recreational uses in combination with the
agricultural uses. It is understood that it could be considered cumulative and more than just an
agricultural use. However, as discussed above, this is the only zone in the City which allows recreational
uses by right. Special Use Permits will be obtained for some of the larger special events. Measures will
be taken to address potential dirt on Cannon Road.
IN CONCLUSION
Carlsbad' General Plan and Local Coastal Plan both encourage the preservation of agricultural uses in the
Coastal Zone. This is the only large scale non-subsidized agricultural use in the Coastal Zone between
Mexico and Los Angeles. As explained during previous meetings, it is not economically feasible to
continue agriculture in the Coastal Zone without allowing agritourism. This is the one location where it
is still feasible. Th_is is an opportunity for the City to help to preserve agriculture rather than encourage
its demise.
From what we have been able to determine, there has only been one complaint about the uses at the
site related to noise and lights. Thousands of letters of support could be provided from the people that
enjoy coming to the fields to pick strawberries and enjoy the other amenities. The Rotary Club, Agua
Hedionda Lagoon Foundation, Carlsbad Fire Foundation, Chamber of Commerce and other charities that
have benefited from this use would also be glad to provide letters of support for this use. This location
provides a combination of agri(:ulture and affordable family oriented public recreation in the Coastal
Zone, which is very rare. This is one of the last vestiges of Old Carlsbad that still remain to remind
people of what Carlsbad used to be.
The farmer is willing to have organizations obtain special use permits for the larger events and will
address staff concerns about dirt on Cannon Road. If the farmer is willing to address the main concerns
of staff, the City has only received one complaint and could receive a wave of support for the use, the
question is "Why create a greater problem when only a minor issue exists?"
EXHIBIT 3
July 28, 2022
Eric Lardy
City Planner
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Zoning Determination of the City Planner on various
proposed uses and activities within the Public Utility (P-U) Zone
Dear Mr. Lardy,
Pursuant to CMC 21.54.140 we are filing an appeal to the
decision in your letter of July 18, 2022. We do believe that
your interpretation of active and passive recreational uses was
based on uses in a City park, therefor are not applicable to the
recreational uses that are currently occurring at the Strawberry
Fields. We also do not believe that all of the uses listed in Table
3 of your letter of July 18, 2022, are reflective of the Fairground
type uses.
Accompanying this letter is a fee of $786. We request that this
appeal be scheduled for the first available Planning Commission
hearing.
Sincerely,
~e:1~
-+o
Date: August 3, 2022
To: Eric Lardy
From: Mike Howes
Subject: Activities at the Strawberry Fields
Jimmy, Stan and I would like to thank you for the time you spent at the site with us last week and
allowing us to explain the activities that occur on the site. Overall, we believe it was a very successful
meeting. As we have discussed, we did not want to appeal your letter of July 18, 2022, to the Planning
Commission. However, due to time constraints we had to file the appeal after our meeting.
Tables 1 & 2
We have reviewed your letter of July 18, 2022, and with a few minor revisions we believe it would be
possible to withdraw the appeal letter and save a lot of time and effort. We agree with Table 1 and
almost all of Table 2. We request that shaded tents on Table 2 be changed to Shade Structures since the
shade structures on the site do not have any sides.
Table 3
We have eliminated the mechanical bull and the very popular apple cannons. We agree that any event
including the sale of alcohol will require the organization or individual sponsoring the event to obtain a
Private Property Permit. Games consist of cornhole and large-scale chess sets. These are not carnival
type games since there is no charge for participating and there are no prizes. Face painting consists of
small children having their face painted with flowers and crops, again for no charge. As we showed you
the” stage” consists of some pallets with a sheet of plywood over them surrounded by hay bales. It
would be hard to call it a real stage. It is mainly used for children to play on and people to tell stories.
The bounce houses have been moved back away from the road and will be surrounded by corn or other
crops in the future. As we discussed, the inflatable bounce houses are ancillary to the agricultural uses
on the site and are only in use during the strawberry season and pumpkin season. The bounce houses
will not be operational during the off season of crop production. Although ancillary to the main
agricultural use of the site the bounce houses do produce a significant amount of revenue which is
essential to support the agricultural use of the site. We believe that it is easy to make the finding that
the bounce houses are ancillary to and supportive of the agricultural uses on this site.
If these minor revisions can be made, we believe it would be possible to withdraw the appeal letter and
put this situation behind us so staff can focus on more important City issues.
EXHIBIT 4
From:Thomas Arnold
To:Planning
Cc:Council Internet Email; Matthew Hall; Keith Blackburn; Peder Norby; Priya Bhat-Patel; Teresa Acosta; Manager
Internet Email
Subject:Letter to city of Carlsbad Planning Department
Date:Thursday, September 8, 2022 5:23:31 PM
Why is the city of Carlsbad’s planning department going against the will of the people and a mandate
to preserve agriculture, specifically, the Strawberry Fields?
I am speaking about the ever-tightening restrictions placed on the Carlsbad Strawberry Company
during its two big annual events, the U-Pick Strawberry Fields and the Pumpkin Patch, which
together are the financial engine that allows the company to continue its agricultural operations on
the property north of Cannon Road and east of Interstate 5.
Preserving the strawberry fields has long been near and dear to Carlsbad, to the point where in
2006, voters approved Proposition D, a ballot measure that amended the Land Use and Open Space
and Conservation Elements of the Carlsbad General Plan to designate an area for special planning
consideration called “The Cannon Road Open Space, Farming and Public Use Corridor.” This area
includes 208 acres designated as open space and specifically states that “the City shall … ensure that
other farming uses such as the existing Strawberry Fields are allowed to continue as long as is
economically viable for the landowner to do so.”
To ensure economic viability for this continued agricultural use, the Carlsbad Strawberry Company
has employed various marketing mechanisms to attract more people to its two big annual events –
including bouncies for the kids – all of which clearly fall into the category of “active and passive
recreation” permitted in this area.
But for nearly a year, since November 2021, it is my understanding that the city planning
department has been seeking to “reinterpret” the definition of “active and passive recreation” by
imposing increasingly onerous restrictions on the Carlsbad Strawberry Company, including forcing
the company to get rid of its inflatable “jumpies,” stage for story-telling and other entertainment,
apple cannons, bull riding, even face painting – all activities that draw families to the property and
which, in turn, generate revenue to sustain the core agricultural business.
This makes no sense to me. Particularly in these sketchy economic times, we as a city should be
doing everything we can to not only help small businesses such as the Carlsbad Strawberry
Company, but also ensure the survival of agriculture in that treasured, special parcel of land that
over the years has become a landmark of sorts for those visiting Carlsbad.
The Planning Department needs to stop its efforts to hamper attempts by the Carlsbad Strawberry
Company to stay afloat and recognize that all these active and passive recreational activities serve
but one primary purpose: to keep agriculture alive in Carlsbad and ensure the sustainability of
growing strawberries and pumpkins on one of the last big and highly visible agricultural parcels left
in coastal North County.
-- Thomas K. Arnold
Publisher and Editorial Director
Media Play News
www.MediaPlayNews.com3988 Monroe Street, Carlsbad, CA 92008Cell: 714-225-4082
EXHIBIT 5
From:jeanwalker1@roadrunner.com
To:Planning
Subject:Carlsbad Pumpkin Patch/Strawberry Fields
Date:Thursday, September 8, 2022 6:36:35 PM
Hi. My name is Jean Walker. I am an 18 year Carlsbad resident. It is my understanding that
the City of Carlsbad is looking to limit the activities available at the Carlsbad StrawberryFields and Pumpkin Patch.
My kids have grown up in Carlsbad. They got messy picking strawberries each spring and
summer, but they never had the opportunity to see a working farm the way the Ukegawafamily has been manifesting it for the last several years. Rather than just a fun place to take
the kids for an hour, the Strawberry Fields have become a tourism destination.
The Pumpkin Patch over the last several years has evolved into something incredible. Whenmy kids were little, we trekked all the way out to Bates Nut Farm for a pumpkin patch,
stopping for gas, lunch, snacks, etc. on the way, all outside the city of Carlsbad. Now, peopleare flocking to Carlsbad and spending money in Carlsbad because of this destination. And it
has a ripple effect. The bounce houses are rented from the owner of Carlsbad Watersports. The Pumpkin Patch brings in food trucks on the weekend which support small restauranteurs
who can't afford a "brick and mortar" restaurant. The speakeasy in the corn maze last yearwas a genius idea that allowed friends to gather safely outside, support a local business, and
benefitted the Agua Hedionda Foundation.
The same or substantially similar event was allowed last year. The Strawberry Fields wereallowed just a few months ago with similar events. There is no reason why it can't be
approved again this year.
Please consider assisting this local staple in our community. Over the last several years, Ihave stopped regularly at the produce stand there not just for strawberries, but for all the other
fantastic local produce.
Jean Walker
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FARM BUREAU San Diego County
The Voice of Local Farmers
Serving San Diego agriculture since 1914
July 19, 2022
City Council & Planning Co=ission
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Subject: Support Agriculture in the City of Carlsbad
Dear City of Carlsbad City Council and Planning Commission,
On behalf of the San Diego County Farm Bureau, I am writing to request your support for the Carlsbad Strawberry
Company. It is disappointing to hear that after 4 generations of farming, the City is now requesting this historic
agricultural operation implement conditions that will make it economically unviable to continue operations.
General Plan Policy 4-G.12 within the City of Carlsbad states the following "Recognize the important value of agriculture
and horticultural lands in the City, and support their productive use". This policy should be honored by City decision
makers. Agriculture within the County of San Diego, including the City of Carlsbad, is collapsing at a crisis level. Within
the last decade, over 26% of all production agricultural acreage within the County of San Diego has disappeared. Farms
within the City of Carlsbad are particularly susceptible to collapse due to your jurisdiction being located within an area of
extreme urban/agriculture interface issues. Farming in the City of Carlsbad is incredibly difficult due to the high cost of
land, high cost of water, high cost of electricity, excessive regulatory environment and an extreme labor shortage.
Agricultural land uses cannot simply be "preserved". Agricultural operations only exist if they are economically viable for
a farmer to operate. To ensure the long term success of Carlsbad Farms, the City needs to allow their local farms to
continue their agritourism operations and expand their agritourism operations.
The United States Department of Agriculture Natural Resources and Conservation Service defmes agritourism as follows:
"Alternative enterprises and agritourism can many forms. They can:
• Produce food and fiber or have little to do with agriculture,
• Produce new or unique crops or livestock or add value to traditional agricultural products,
• Rely on traditional farm practices or use alternative methods, such as organic systems,
• Be labor-and resource-intensive or require few inputs,
• Operate either seasonally or year round,
• Produce fun, recreation, and education -or nature-based agritourism."
The Carlsbad Strawberry Company is one of San Diego's best examples of successful agritourism. Please do not condition
this farm to implement improvements that will strip the local community of this valuable co=unity resource. We
appreciate your consideration in our request for your support.
Sincerely,
HannahGbeh
Executive Director
A 420 5. Broadway -Ste 200, Escondido, CA 92025 \. 760.745.3023 0 www.sdfarmbureau.org i:il sdcfb@sdfarmbureau.org
From:Ian Lochore
To:Planning
Subject:Pumpkin patch
Date:Saturday, September 10, 2022 7:56:21 AM
Dear Carlsbad planning,
I am emailing in regards to try and save the pumpkin patch. What is the city doing restricting the patch. Finally aplace where locals could go to enjoy the holidays! Why restrict the speakeasy and apple cannons. Did you restrictother things too? Is the city trying to make the strawberry fields fail for its own gain?
Please let me know what I can do to show my support in favor of the pumpkin patch and against the city of Carlsbadso the patch will be allowed to operate like last year. This is a lost battle for the city. What Carlsbad citizen willsupport the city in doing this.
Carlsbad Resident,Cindy Lochore
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From:cynthia bartz
To:Planning
Subject:I support the pumpkin patch and the pumpkin patch supports our children!
Date:Saturday, September 10, 2022 9:02:50 AM
Sent from my iPhone
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From:Christina Bays
To:Planning; Council Internet Email
Subject:Strawberry/Pumpkin Fields
Date:Saturday, September 10, 2022 3:35:41 PM
I support the wonderful Pumpkin and Strawberry fields in Carlsbad.
Our family has enjoyed visiting the area for over 15years! Keep up
The area and support it moving forward. More events, more to do
Would be wonderful.
Christina Bays Long time North County Resident!! AND BIG FAMILY
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From:Brenda DeAngelis
To:Planning
Subject:Pumpkin patch/strawberry fields
Date:Saturday, September 10, 2022 3:37:20 PM
To Whom It May Concern:
We love and support the pumpkin patch/strawberry fields of Carlsbad run by Jimmy Ukigawa. We understand that
our local farm fields have been a vital and now fun part of our North County history. I am a Vista resident who
believes that we should not be restricting businesses from operating fun outdoor healthy activities for families and
the community. Covid has been such a hardship for many businesses around San Diego; don’t continue to harm
local businesses from managing their business the way they would like. Ultimately, people who don’t agree with the
practices of a business, shouldn’t be able to restrict a businesses ability to operate but rather simply, should just
chose not to enter or patronize the business.
Truly,
Brenda DeAngelis
Vista resident and regular patron to Carlsbad businesses.
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From:Daniel Chang
To:Planning
Subject:Carlsbad Strawberry Fields/Pumpkin Patch!
Date:Saturday, September 10, 2022 8:33:25 PM
I support the Carlsbad Strawberry Fields/Pumpkin Patch!
Daniel Chang
3613 Four peaks St., Carlsbad CA 92010
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From:Deborah Taylor
To:Planning
Cc:Council Internet Email
Subject:Pumpkin Patch and Strawberry fields
Date:Monday, September 12, 2022 9:14:25 AM
The Pumpkin Patch and Strawberry fields are a great addition to the Carlsbadcommunityand contribute so much. Please STOP restricting their activities so they can
continue to
stay in business and remain an asset for everyone to enjoy.
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From:Mary Lee Mobley
To:Planning
Subject:pumpkin patch must stay
Date:Monday, September 12, 2022 9:30:55 AM
It is a staple of holiday fun one voters request to leave pumpkin patch celebrations alone
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From: Thomas Arnold <tkarnold@mediaplaynews.com>
Sent: Thursday, September 8, 2022 5:32 PM
To: Jeff Murphy <Jeff.Murphy@carlsbadca.gov>
Cc: Kristina Ray <Kristina.Ray@carlsbadca.gov>; Gary Barberio <Gary.Barberio@carlsbadca.gov>; Steve Puterski
<steve.puterski@gmail.com>
Subject: Letter to the city of Carlsbad regarding the strawberry fields
Why is the city of Carlsbad’s planning department going against the will of the people and a mandate to preserve
agriculture, specifically, the Strawberry Fields?
I am speaking about the ever-tightening restrictions placed on the Carlsbad Strawberry Company during its two big
annual events, the U-Pick Strawberry Fields and the Pumpkin Patch, which together are the financial engine that allows
the company to continue its agricultural operations on the property north of Cannon Road and east of Interstate 5.
Preserving the strawberry fields has long been near and dear to Carlsbad, to the point where in 2006, voters approved
Proposition D, a ballot measure that amended the Land Use and Open Space and Conservation Elements of the Carlsbad
General Plan to designate an area for special planning consideration called “The Cannon Road Open Space, Farming and
Public Use Corridor.” This area includes 208 acres designated as open space and specifically states that “the City shall …
ensure that other farming uses such as the existing Strawberry Fields are allowed to continue as long as is economically
viable for the landowner to do so.”
To ensure economic viability for this continued agricultural use, the Carlsbad Strawberry Company has employed various
marketing mechanisms to attract more people to its two big annual events – including bouncies for the kids – all of
which clearly fall into the category of “active and passive recreation” permitted in this area.
But for nearly a year, since November 2021, it is my understanding that the city planning department has been seeking
to “reinterpret” the definition of “active and passive recreation” by imposing increasingly onerous restrictions on the
Carlsbad Strawberry Company, including forcing the company to get rid of its inflatable “jumpies,” stage for story-telling
and other entertainment, apple cannons, bull riding, even face painting – all activities that draw families to the property
and which, in turn, generate revenue to sustain the core agricultural business.
This makes no sense to me. Particularly in these sketchy economic times, we as a city should be doing everything we can
to not only help small businesses such as the Carlsbad Strawberry Company, but also ensure the survival of agriculture in
that treasured, special parcel of land that over the years has become a landmark of sorts for those visiting Carlsbad.
The Planning Department needs to stop its efforts to hamper attempts by the Carlsbad Strawberry Company to stay
afloat and recognize that all these active and passive recreational activities serve but one primary purpose: to keep
agriculture alive in Carlsbad and ensure the sustainability of growing strawberries and pumpkins on one of the last big
and highly visible agricultural parcels left in coastal North County.
--
Thomas K. Arnold
Publisher and Editorial Director
Media Play News
www.MediaPlayNews.com 3988 Monroe Street, Carlsbad, CA 92008
Cell: 714-225-4082
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safe.
Carlsbad City Council and Planning Commission
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Honorable Mayor Hall, City Council Members and Planning Commission,
It has been our dream to live in Carlsbad for many years. Finally in 2014 my wife and I bought a
beautiful home in this community. The family friendly vibe, the quality of schools, and the
opportunities to “give back” by volunteering for local events and activities, we believe, is what
makes our city strong.
Our daughters are now in their early twenties. Having local activities such as picking
strawberries or choosing a locally grown pumpkin at the Strawberry Fields is one of their
favorite memories. Providing our families with the opportunity to find wholesome, interesting
and educational outdoor experiences is a foundation of our community.
The recent demand by the Planning Commission that the Strawberry Fields Company get rid of
children’s bounce houses, remove the performance stage, remove the apple cannons, remove the
mechanical bull, and ban face-painting undermines our community’s beliefs. We should be
creating more opportunities for families to enjoy Carlsbad, not less. Further, we should support
all local businesses, but especially those who actively give back to local non-profits, school, and
our first responders.
As a community we are told that we have to build more homes due to a housing shortage. Yet the
city allows an unlimited number of residential homes to be converted into for profit businesses
(VRBOs). This becomes a self fulfilling narrative…the inventory of local homes is depleted,
therefore we (the city) need to build more housing. One of the many problems with this thinking
is finding the land to develop. It seems that the action taken by the Planning Commission may be
designed to insure that the SFC fails and consequently the land would be up for grabs to be
developed.
The open space and benefits to the larger community that the Strawberry Fields provides is
significant. I hope the Planning Commission is slow to allow any development on the Strawberry
Fields site and fast to recognize the positive effects it provides to families, the environment and
businesses throughout Carlsbad.
Respectfully submitted,
Vincent Ponce
1123 Camino Del Sol Circle
Carlsbad, CA, 92008
From:Vincent Ponce
To:Planning
Cc:Jimmy Ukegawa
Subject:Action Against the SFC
Date:Monday, September 12, 2022 4:31:22 PM
Attachments:Carlsbad Planning Comm..pdf
To Whom It May Concern,
The attached letter is written in support of Jimmy Ukegawa/Strawberry FieldsCompany and the valuable role it has in our community.
Vincent Ponce
1123 Camino Del Sol CircleCarlsbad, 92008
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From:Mary Fritz-Wilson
To:Planning
Cc:Jimmy Ukegawa
Subject:Support for the Carlsbad Strawberry Company
Date:Monday, September 12, 2022 7:00:14 PM
September 12, 2022
Dear Mayor Hall, City Council Members and Planning Commission,
We are writing in support of the City continuing to honor the proposition that the citizens of
Carlsbad voted on and approved in 2006 that protects the agricultural heritage of Carlsbad,
which makes us different and makes us special. The Carlsbad Strawberry Fields, with its
agriculture and the many very public–facing family activities that happen there, are highly
valued by Carlsbad residents and help attract both prospective new residents and tourists to
our city.
By attempting to reinterpret or overturn aspects of this proposition, the City goes against the
intent and wishes of its citizens to preserve our agricultural heritage. These actions risk
negative perception and backlash, a situation which has not had positive consequences in the
recent past.
Please let us know if you have any questions regarding our concerns.
Sincerely,
Mary Fritz-Wilson and Rex Wilson
3354 Seacrest Dr.
Carlsbad, CA, 92008
--
Mary Fritz-WilsonPresident, Carlsbad Hi-Noon Rotary
m.fritz.wilson@gmail.com
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Thomas J. Applegate
Carla A. Applegate
2709 Mateo Place
Carlsbad, CA 92009
September 13, 2022
City Council & Planning Commission
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Re: Support of Carlsbad U-Pick Strawberry Fields & Pumpkin Patch
Dear elected and appointed individuals,
Of all the reasons to reach out to City government, I am surprised I find myself
contacting you to request the preservation of an iconic Carlsbad landmark and its
inherent traditions in as much as I can’t imagine an argument against this treasure.
Proposition D was clear in its intention to designate an area for special planning
consideration and specifically states that “the City shall … ensure that other farming
uses such as the existing Strawberry Fields are allowed to continue as long as is
economically viable for the landowner to do so.” But instead of acknowledging and
recognizing the efforts and sacrifices the Ukegawa family has made to sustain, market
and promote agriculture in Carlsbad, the Planning Commission seems determined, by
recent actions to eradicate this prime location and create an empty dust bowl. The
economic viability of the preserve can not be achieved by increasing the cost of
strawberry and pumpkins to prohibitive levels but can be obtained by the offer of
alternative activities that serve to attract visitors/guests/residents and generate
revenue to sustain the core agricultural business.
It is our duty as a city to do all we can to assist small businesses such as the Carlsbad
Strawberry Company and ensure the survival of agriculture that is treasured at this
unique parcel of land.
I implore the Planning Department to stop its nanny like action to obstruct the
Carlsbad Strawberry Company efforts to stay afloat. Recognize that the various
activities including, jumpies, music and storytelling stage, apple cannons, bull riding,
face painting, corn maze, etc. are a marketing strategy well within the defines of
‘active and passive’ recreational activities that serve to preserve our tradition of
agriculture in Carlsbad while attracting, entertaining and educating visitors, guests
and residents.
Sincerely,
Tom Applegate
From:Tom Applegate
To:Planning
Cc:Council Internet Email
Subject:In Support of Strawberry Fields
Date:Tuesday, September 13, 2022 8:35:50 AM
Attachments:In Support of Strawberry Fields 09 2022.pdf
Dear sirs or madams,
Please find my letter attached in support of the preservation of the Strawberry Fields inCarlsbad.
Cheers, Tom Applegate
c760.310-8490
'Take time to stop and smell the roses'. - Snoopy
P Think Green and only print if necessary.
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From:wendy wendywiegand.com
To:Planning
Subject:Support for the Carlsbad Strawberry Company
Date:Tuesday, September 13, 2022 11:48:48 AM
Attachments:image002.png
image006.png
Dear Mayor Hall, City Council Members and Planning Commission,
I am writing in support of the City continuing to honor the proposition that the citizens of Carlsbad
voted on and approved in 2006 that protects the agricultural heritage of Carlsbad, which makes
Carlsbad different and special. The Carlsbad Strawberry Fields, with its agriculture and the many
very public–facing family activities that happen there, are highly valued by Carlsbad residents and
help attract both prospective new residents and tourists to our city.
By attempting to reinterpret or overturn aspects of this proposition, the City goes against the intent
and wishes of its citizens to preserve our agricultural heritage. These actions risk negative
perception and backlash, a situation which has not had positive consequences in the recent past.
Thank you for your consideration and please let me know if you have any questions regarding my
concerns.
Sincerely,
Oh, by the way... if you know someone who is looking to buy or sell Real Estate please send me their
name and number and I will be sure to take great care of them.
Wendy Wiegand, GRI, e-Pro, PSA, SRES
Real Estate Broker
Wiegand Realty
760-579-9979
Wendy@WendyWiegand.com
www.WiegandRealty.NET
DRE #01946136
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6)ffir;~
Realty
From:Rocco Ciesco
To:Planning; Jeff Segal
Cc:jimmy@aviarafarmsinc.com
Subject:Strawberry Fields is a valuable asset to the City of Carlsbad and it"s Community
Date:Tuesday, September 13, 2022 1:48:37 PM
Attachments:Strawberry fields.doc
Mayor Hall, City Council Members and Planning Commission Members,
As a resident of Carlsbad, I consider Strawberry Fields to be a crown jewel to the community. Itstrengthens Carlsbad's reputation as both a desirable place to live and to visit.
Attached is a letter showing support for the activities and attractions that help Strawberry Fieldscontinue to operate, and more important, allow them to be a strong contributor to the City and theCommunity. I am asking that the City continue to support the activities that Strawberry Fields offersand that the citizens of Carlsbad find valuable
Best Regards
Rocco Ciesco916-276-1500
rciesco@mac.comhttps://urldefense.com/v3/__http://www.vista-adventures.org__;!!E_4xU6-vwMWK-Q!rcRB9H_BL1uY8wucYma8TtFo4CEXq-pRRhezfKsLcWQeXzdIiYyKVp1rnnV4DL-XphgApkK8n54FmDC-Ul4$
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Jeffrey V Schafer
2684 Waterbury Way
Carlsbad, CA 92010
760-583-9654 / Schafer2684@roadrunner.com
September 12, 2022
City Council & Planning Commission
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Subject: Support for the Carlsbad Strawberry Field/Pumpkin Patch
Dear Carlsbad City Council and Planning Commission,
I’m writing to express my strong support for The Carlsbad Strawberry Company to
continue to be allowed to run its operations and agritourism activities at their
current location on Cannon Road near the I-5 freeway in Carlsbad. I hope my
letter of support will carry some weight as I have been a resident of Carlsbad
since 1968, and Encinitas before that. My family has deep ties within the
Encinitas/Carlsbad/Oceanside communities, and we have participated in
numerous civic activities benefitting the communities at large over the years.
Carlsbad is a leader in many areas which are the envy of other cities around the
world. We have innovative companies and individuals in sports, medicine,
satellite communications, and many other areas. I feel it is vitally important that
we acknowledge and honor our roots of being a beach community with a long
history of agriculture, which includes horticulture and edible produce. The
Ukegawa family is one of the prominent names that immediately comes to mind
when talking about the important agricultural past and present within the
boundaries of Carlsbad.
The Ukegawa family have been farming in Carlsbad since 1952 and I understand
their land by the lagoon is possibly the only sizable coastal agricultural area from
Mexico to Oxnard. This is unique – just like our beautiful lagoons! The output of
their land and sustainable farming activities is not only food, but also quite a large
amount of education and charitable support for the local community. Their
farming and family-friendly agritourism activities are in complete alignment with
the Carlsbad General Plan so please make sure to vote to support them in any
way possible. I will be happy to come down and speak in person in front of City
Council if that would help.
The City Council and Planning Commission has an opportunity to add another
feather in its cap of past accomplishments which has made Carlsbad a place
where tourists want to vacation and people want to live, which all equate to
improved quality of life for residents and visitors while at the same time,
generating more money for local businesses and more tax revenue for The City.
The Carlsbad I love has agriculture as a big part of it. Seeing the brown earth with
green fields is therapeutic for the soul and I feel a necessary counterbalance to
high density housing and thriving business parks. Please, do not let it go the way
of the world-famous Carlsbad Raceway. Strawberry Fields Forever!
Sincerely,
Jeffrey V Schafer
From:Glenn MacGray
To:Planning; Council Internet Email
Cc:Glenn MacGray
Subject:Carlsbad Strawberry Fields - leave it alone!!!
Date:Tuesday, September 13, 2022 8:00:54 PM
Some day, when you are bored playing scrabble in your air conditioned offices, actually go outside to the
Strawberry Fields 1 weekend during October and see how much fun everyone is happening. It is truly amazing howmany great things in this city there are that you guys are screwing up and making worse. Include the Village Hnightmare in this also. Nobody goes there anymore, nobody. More money spent horribly . Pass this along to theother air conditioned offices in your building. The best umpires are the ones nobody notices, maybe something tothink about.CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
September 13, 2022
City Council & Planning Commission
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Mayor Hall, City Council Members and Planning Commission,
One of the things that makes Carlsbad special is it’s sense of
community. And a sense of community is built by having gathering places where people can meet each other. Over the years, one of the
most popular meeting places in North County has been Strawberry
Fields on Cannon Road. This voters of Carlsbad recognized that by
the passing of Proposition D in 2006,.
Every Spring and Fall people gather at Strawberry Fields not only to
pick Strawberries and Pumpkins, but to enjoy time with families and
meet other members of the community. I have invited friends from out
of town. They visit, stay, and support restaurants, shops and other
businesses in the area. While the main attraction is the outdoors agriculture activities, it is the other recreational facilities at Strawberry
Fields that keep visitors coming back. You can buy strawberries and
pumpkins on the side of the road anywhere in North County. But add recreational activities and the people come to Strawberry Fields in
Carlsbad.
Having a thriving Strawberry Fields is essential to the city and to the
business that are supported by having such a valuable community
attraction in Carlsbad. And it’s essential to Strawberry fields that they
have a wide range of recreational activities along with their agriculture
attractions. Let’s support Strawberry Fields and continue to help make
Carlsbad a thriving community
Best Regards
Rocco Ciesco
Sept. 14, 2022
Carlsbad City Council
Carlsbad Planning Commission
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Subject: Support of Carlsbad Strawberry Company/Pumpkin Patch
We are writing to voice our support for the continued activities at the Carlsbad
Strawberry Fields and Pumpkin Patch. Owner Jimmy Ukegawa has developed a
Carlsbad family attraction that fits with Carlsbad's agricultural past and contributes to
making Carlsbad such a unique and special place to live. It is my understanding that city
planning staff continues to overregulate some of the activities to such an extent that
they threaten the economic viability of the strawberry fields.
As the value of land in the North County continues to soar and farmers face increased
competition from Mexico, preserving agriculture in Carlsbad becomes increasingly
difficult. In this economic environment, owner Jimmy Ukegawa has been creative in
developing activities to support his farming operation and keep it economically viable. In
addition, Mr. Ukegawa has been enormously generous with the community. He worked
with the Agua Hedionda Lagoon Foundation to secure volunteers for his Haunted Corn
Maze donated more than a hundred thousand dollars back to AHLF to support this vital
Carlsbad organization. We were pleased to personally volunteer in this effort the past
several years.
Last year the Strawberry Fields hosted the 39~ annual Carlsbad Rotary Oktoberfest and
he will do so again this year. Having spent six years as co-director of the Oktoberfest, I
can tell you Mr. Ukegawa's generosity and support were a great benefit to the Rotary
event, which invests every cent of the proceeds back into scholarships, helping schools,
the homeless, and other local organizations.
In fact, Mr. Ukegawa's ongoing support for the community led to the City naming him its
Citizen of the Year in 2020!
Yet, the city's bureaucratic overreach in defining "active and passive" activities allowed
by zoning regulations has forced Mr. Ukegawa to stop such activities as apple cannons,
bull riding, and face painting. Face painting? My gosh, how does face painting harm
anyone?
City staff continues to insist he also remove a small stage for story time and other kids'
activities, and "bouncies" for kids.
We urge the Carlsbad Planning Commission and City Council to rein in this bureaucratic
nonsense and be more reasonable in allowing the types of activities that help keep The
Strawberry Fields economically viable and an asset to Carlsbad.
r~ully, ) /J . . /, Lr4 e,1£~ Kaxlt Lil
Philip and Kathy Urbina .. u
Carlsbad
'
Subject: Support for the Carlsbad Strawberry Field/Pumpkin Patch
Sep. 10,2022
Dear Sir or Madame,
My Name is Christopher Crespo, I am a resident of District One of the City of Carlsbad since 2013,
also a recent termed out board member of the Agua Hedionda Lagoon Foundation and I am
writing this letter of support for the Jimmy Ukegawa Family and the Carlsbad Strawberry
Company/Pumpkin Patch that has been farming this land in Carlsbad since 1952.
My relationship with Mr. Ukegawa stems from working directly through this foundation and our
shared love for the preservation of our natural city jewel, the Agua Hedionda Lagoon. Over the
years I have known Jimmy to be a pillar of this community, leading by example with his Carlsbad
Strawberry Company/Pumpkin Patch and the local charitable efforts his family has made with
the use of his property.
Jimmy and the Carlsbad Strawberry Company have become an institution to Carlsbad as their
successful management of this farm has drawn hundreds of our friends and neighbors to gather
over the month of October with his yearly Haunted Corn Maze. This spectacle draws our
community together as local citizens volunteer to frighten each other under the cover of night in
a field of corn then share a pint at a strictly 21 and over Speakeasy/Beer Garden all at a fun, safe
and family friendly event hosted on the Farm. I can't tell you how many memories have been
made by my kids as well as hundreds of other children on the seasonal Bounce Houses
mysteriously hidden and in the haunted Corn Field. He provides Musical entertainment on a
family-oriented stage, a platform for story time for children, a gathering place where Carlsbad
citizens have met their local councilmen and women, Mayor and state representative Rocky John
Chavez and new candidates for elected city and local government positions on multiple
occasions.
His success of Agritourism format and increased revenue generated has help subsidize his
agriculture farm, (one of the only remaining coastal agriculture from the border of Mexico to
Oxnard) to stay viable as he competes with of cheap imports from Mexico, relatively high cost of
labor, water, and insurances to stay in business. These efforts have raises money for local
charities including the Boys & Girls Club of Carlsbad by host field trips and with donations of
hundreds of pumpkins for raffles/carnivals and strawberry donations to local schools and
charities. Other Charitable Efforts of note include Rotary Octoberfest donations and well over
$100,000 for the Agua Hedionda Lagoon Foundation while I was on the Board.
All of these efforts are well within his rights as a land owner and in line with regulatory language-
Per USDA Definition Agritourism is a commercial enterprise at a working farm or ranch
conducted for the enjoyment and education of visitors that generates supplemental income for
the owner or operator.
Subject: Support for the Carlsbad Strawberry Field/Pumpkin Patch
Including in the City of Carlsbad General plan:
4.P.44-Allow and encourage farming operations to continue within the Cannon Road Open
Space, Farming and Public Use Corridor (such as the strawberry fields) as long as they are
economically viable for the landowner.
4.P.46-Utilize methods and resources to reduce the financial burdens on agricultural land, not
only to prevent premature development, but to encourage its continued use for agricultural
purposes.
4.G.12-Recognize the important value of agricultural and horticultural lands in the city and
support their productive use.
Agritourism activities like Mechanical Bull riding are not dramatically inherently dangerous and
are ridden at your own risk with height and age restrictions. Face painting during the pandemic
was hard due to contact precautions but this pandemic will come to an end and this virus will
become endemic eventually as more of our citizens are vaccinated or immunized after contact.
The Speakeasy, alcohol sales for charities have been an incredible addition to this event for the
adults with the income to help support our local charities that turn around and use these
donations to help our local citizens with grants, scholarships and community outreach
support. The only event that I as a Stanford Graduate might have had an issue with was the Apple
cannons because one of the targets being a sign that read "Stanfurd". In all honesty you can't
blame him as a Berkley Graduate from being a little jealous of a school that teaches their students
how to spell correctly so I just let it slide.
I truly hope that my letter is one of many offering a full-throated support of the for the Jimmy
Ukegawa Family and the Carlsbad Strawberry Company/Pumpkin Patch with their endeavor as
hosts of the Haunted Corn Maze, to out weight the one phone call made to the Community
Development Director offering any criticism from one citizen in our community. Please feel free
to contact me directly if you wish via the mailing address of 300 Carlsbad Village Dr Ste 108A-395
Carlsbad CA 92008. Cell is 619-549 -3284 or email address is Christophercrespo@gmail.com
Respectfully yours,
~ CJ ~ n...:::.. r ~ ~ ,...~ .. :::'"--..:-::; ---.-r ....... ~·-\•:>1 ::: \..L-'"-
From:Philip Urbina
To:Planning; Council Internet Email
Cc:Kathy Urbina
Subject:Support for Carlsbad Strawberry Fields & Pumpkin Patch
Date:Wednesday, September 14, 2022 10:28:32 AM
Attachments:Urbina Strawberry Fields Support.pdf
Attached is a letter of support for the Carlsbad Strawberry Fields and Pumpkin Patch.
Please let us know if this item comes before the Planning Commission or City Council so we
can attend and speak directly on this issue.
Respectfully,
Philip and Kathy Urbina
Mobile: 760-710-7154
IMAGINE a world where people give of themselves simply because they want to. Not out of a sense of debt. Or
because they want something in return. No ulterior motives. No guilt feelings. Just the desire to give for the sake of
giving. Now, instead of imagining this kind of world, do your part in making it happen. Make a charitable donation.
Volunteer your time to improve your community. Give back to the world that gives so much to you. And if it
happens to make you feel good to give, that’s all right. Feeling good is the one ulterior motive that’s acceptable.
Bill Daniels, 1920-2000
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From:leadymf3@roadrunner.com
To:Matthew Hall; Planning
Subject:The Strawberry Company
Date:Wednesday, September 14, 2022 11:28:17 AM
977 Blackstilt Court
Carlsbad, CA 92011
September 14, 2022
Mayor Matt Hall
City Council Members
Planning Commission Members
City of Carlsbad
I am writing regarding the suggestion and staff work done by the Planning Department to change the
requirements of the use of the Strawberry Company acreage.
Inasmuch as Proposition D spells out the foundation for its use as agricultural, with the 208 acres
designated as open space with specificity directed to “farming uses such as the existing Strawberry
Fields are allowed to continue as long as is economically viable for the landowner to do so” the
question arises: What’s this about?
The Strawberry Company (TSC ) is a valued steward of this land, and because of today’s expensive
farming requirements, having two income-producing events per year, both family-oriented
coincidentally, seems a very positive avenue for the TSC to make ends meet AND for the citizens of
Carlsbad and surrounding communities to enjoy. It seems inappropriate and Scrooge-like to redefine
the activities within these two events when they are focused on family fun and the “economic
viability” of TSC.
After Covid, families NEED to get outside, to enjoy the land and the ability to play together. All
families, but especially young families, look for inexpensive, local opportunities to do both; these
two Strawberry Company events provide that family support in the face of ever-increasing
expenses. To suggest otherwise seems to fly in the face of the City motto: live, work and play in
Carlsbad.
I support the Strawberry Company and its stewardship of this valuable, visible stamp of what
Carlsbad’s all about . . .
Yvonne Finocchiaro
Yvonne Finocchiaro
From:J Muhlethaler
To:Planning; Council Internet Email
Subject:Strawberry Fields and Pumpkin Patch
Date:Wednesday, September 14, 2022 1:00:16 PM
Sent from my iPhone
Why does the squeaky wheel gets the grease?
Why is the government catering to the minority?
Have you gone and looked for yourselves?
It has come to the attention of many that the city of Carlsbad has been putting restrictions on Jimmy Ukegawa’s
enterprising agricultural venture in which he has been able to include the citizens of our area. Hundreds of families
have enjoyed his fields and they return year after year and recently we find things are missing. The city of Carlsbad
has put a damper on our family traditions. People who don’t like it do not have to come. They should not complain
and the city should not have interfered with Jimmy’s life, liberty and pursuit of happiness. The changes the city has
required of Jimmy have affected thousands. Is it right to appease a few and ignore the majority? I say, no.
Please reinstate Jimmy Ukegawa‘s Constitutional right of freedom to pursue happiness for himself and our
community.
Respectfully,
Judy Muhlethaler
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September 14, 2022
City of Carlsbad City Council
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear City Council,
I am writing in support of the Carlsbad Strawberry Company and the zoning issues. I am surprised that
the city is allowing one resident to disturb an iconic, long-standing Carlsbad agricultural business.
We all know that agriculture is becoming a long forgotten art and that Carlsbad has “out grown” their
agriculture history. Carlsbad is so fortunate to have the last piece of farmland in their back yard.
Not only does the Strawberry Company represent the “roots’ of Carlsbad, but it provides so many
benefits:
• Tasty strawberries
• Pumpkin patch
• Corn maze
• Activities that allow for significant monetary contributions to local non-profits:
o Agua Hedionda Lagoon Foundation
o Two Rotary Club’s annual Oktoberfest
• Supporting these foundations allow for:
o Educational programs
o Free/discounted field trips for students and Boys & Girls Club members
• Attracts visitors from all over San Diego, Orange County and Los Angeles County
o These visitors in turn provide monetary support to other local business, restaurants,
hotels etc.
Due to years of competition from Mexico, the Strawberry Company has been forced to embrace
agritourism, which is considered a working farm to provide enjoyment and education to visitors.
A lot of the new activities were born out of COVID - the need for more outdoor activities and gathering
spaces. We saw many restaurants throughout the city gain more outdoor space – and they have been
allowed to continue with the practice. Please give the same supportive response to the Strawberry
Company.
With hopes that you will do the right thing,
Diane Proulx
Carlsbad Resident
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EXHIBIT 6
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