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HomeMy WebLinkAbout1999-10-20; Planning Commission; ; CUP 98-20|CDP 98-91 - ARMSTRONG GARDEN CENTERThee City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: October 20, 1999 Application complete date: May 20, 1999 Project Planner: Chris DeCerbo Project Engineer: Clyde Wickham SUBJECT: CUP 98-20/CDP 98-91 - ARMSTRONG GARDEN CENTER - Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Conditional Use Permit and Coastal Development Permit to develop a retail garden center building, nursery yard and associated parking on the northeast corner of Palomar Airport Road and Paseo Del Norte in Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions 4643, 4644 and 4645 APPROVING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CUP 98-20 and CDP 98-91, based on the findings and subject to the conditions contained therein. II. INTRODUCTION This proposal entails the development of an Armstrong Garden Center retail nursery upon the northeast corner of Palomar Airport Road and Paseo del Norte within the Carlsbad Ranch Specific Plan. The subject property is currently occupied by a dirt parking lot and retail greenhouse which are associated with the Carlsbad Flower Fields. The retail nursery as proposed would contribute to the long term preservation of the Flower Fields by providing a direct retail and marketing outlet for products of the fields. The project complies with all applicable City standards, all project issues have been resolved and all necessary findings can be made for the requested approval. Therefore, staff recommends approval of this project. III. PROJECT DESCRIPTION AND BACKGROUND This proposal is for the development of an Armstrong Garden Center retail nursery upon a 53.80 acre lot located on the northeast corner of Palomar Airport Road and Paseo Del Norte within Planning Area 7 of the Carlsbad Ranch Specific Plan. As proposed, the applicant/owner CB Ranch Enterprises would maintain ownership of the single lot. The arrangement with Armstrong Garden Centers will be pursuant to an Occupancy License and Operating Agreement between CB Ranch Enterprises and Armstrong Garden Centers that will reflect their entry and operation of that facility. Planning Area 7 is located along the westernmost ridge of the Carlsbad Ranch Specific Plan and is occupied by the "Flower Fields", and associated uses including a 4,000 square foot retail greenhouse structure and parking area. The existing Flower Fields parking area is currently screened from Palomar Airport Road and Paseo del Norte by a perimeter landscaped berm which is capped with a white rail fence. ARM!CUP 98-20/CDP 98-91 - ARMSTRONG GARDEN CENTER October 20, 1999 Page 2 The project consists of the demolition of the existing retail greenhouse and the construction of a one-story (25 feet tall), 6,400 square foot retail garden center building, a 27,600 square foot nursery yard, a 5,000 square foot artist feature garden and 387 at-grade parking spaces. The proposed garden center building is designed to resemble a barn (see Exhibit "I") and includes gray colored wood batten siding, forest green colored standing seam metal roof and wood trellis. An architectural protrusion (cupola and decorative weather vain) measuring 31 feet in height is proposed along the ridge of the building. As part of this project, the existing "Flower Fields" dirt parking area will be improved with asphalt or gravel pavement. A six foot wide decomposed granite pedestrian pathway will extend from Paseo del Norte to the proposed retail nursery building. Additionally, the existing perimeter landscaped berm and split rail fence will be relocated to accommodate an additional 12' wide dedication along Palomar Airport Road. The relocated berm will be landscaped with California Sycamore and Coast Live Oak trees. This project proposes minor project grading which will include 1,768 cubic yards over 3.5 acres (505 cubic yards/acre). However, this project will not require a grading permit. The Flower Fields are currently under an Agricultural Preserve (Williamson Act) Contract (No. 76-1) which requires that the Flower Fields remain in horticultural production. This Williamson Act contract allows the development of a retail nursery on the property subject to the approval of a Conditional Use Permit. This project will not however encroach into the existing "Flower Fields" planting area (shown on Figure "A"). The property is designated and zoned Open Space (OS) and is surrounded by the Carlsbad Company Stores to the north, Palomar Airport Road to the south, the Flower Fields and the Pacific Palisades hotel to the east and Paseo del Norte to the west. The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report. A. Open Space (OS) General Plan Land Use Designation; B. Open Space (OS) Zone; C. Carlsbad Ranch Specific Plan (SP 207(A)); D. Carlsbad Municipal Code, Chapter 21.42, Section 21.42.020 - Conditional Use Permit required findings; E. Mello II Segment of the Local Coastal Program, and the Coastal Resource Protection Overlay Zone; F. Comprehensive Land Use Plan for McClellan -Palomar Airport; and G. Growth Management Ordinance (Local Facilities Management Plan Zone 13). IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. Therefore, this section will cover the project's compliance with each of the regulations/policies listed above in the order in which they are presented. Am<CUP 98-20/CDP 98-91 - ARMSTRONG GARDEN CENTER October 20, 1999 Page_3 ; : , A. & B. GENERAL PLAN AND ZONING The existing Open Space General Plan and Zoning designations for the site were adopted concurrently with the Carlsbad Ranch Specific Plan (SP 207(A)). Although the Open Space General Plan designation does not directly provide for the proposed retail nursery use, the Land Use Element does however include two policies (listed below) promoting the preservation of agricultural uses generally and the Flower Fields, specifically. This proposed retail nursery project implements both of these General Plan policies. 1. C. 1 - "Support and utilize all measures available, including the Williamson Act, to reduce the financial burdens on agricultural land, not only to prevent premature development, but also to encourage its continued use for agricultural purposes". 2. C.4 - "Attempt to preserve the flower fields or lands east of 1-5 to the first ridgeline between Cannon Road and Palomar Airport Road, through whatever method created and most advantageous to the City of Carlsbad". The Flower Fields is currently under a Williamson Act contract that allows the development of a retail nursery on the property subject to the approval of a Conditional Use Permit. As discussed below, the proposed Armstrong retail nursery project will improve the economic viability of the cut flower/bulb growing business at the Flower Fields, and therefore this project is consistent with the General Plan. The proposed retail nursery is consistent with the underlying zone in that the Carlsbad Ranch Specific Plan functions as the implementing zoning for the project site and permits the development of "facilities for the sale of flowers and other items related to the promotion of the 'Flower Fields', and other similar accessory uses and structures determined to be required for the conduct of the principal uses (i.e.; the Flower Fields)" within Planning Area 7. C. CARLSBAD RANCH SPECIFIC PLAN The Carlsbad Ranch Specific Plan establishes the permitted uses for the site as well as the development standards. The project plans comply with the requirements of the specific plan. A retail nursery within Planning Area 7 is classified as a permitted accessory use provided that the nursery contributes to the continuation of a bulb growing and cut flower farming operation at the "Flower Fields". As a permitted accessory use, the nursery would function as a direct retail and marketing outlet for flower and bulb products of the fields. The addition of a year round garden center nursery to the Flower Fields will improve the economic viability of the cut flower/bulb growing business in that: 1. Direct sales of bulbs and flowers can occur without the operational complexity and financial risk of the existing Flower Fields retail operation, which is limited to a six week season. 2. Regional marketing from the 44-store Armstrong Southern California group will enhance the farm product sales. 3. Urban farming costs (landscaping, security, and detention and storm drain systems maintenance) can be absorbed by the accessory nursery. CUP 98-20/CDP 98-91 - October 20, 1999 Page 4 AmSTRONG GARDEN CENTER 4. Rent from the retail nursery will provide a revenue stream that is not dependent on weather and growing conditions (unlike farming and visitor services). The development standards of the plan have also been complied with as demonstrated in the following table: STANDARD Building Height Building Coverage Parking Standards Parking Areas Access REQUIRED 25 ft.; allowed height protrusions to 45 ft. 50% if all surface parking 124 spaces Screen with berms and landscaping. Along the east side of Paseo del Norte north of the intersection of Palomar Airport Road and Paseo del Norte. PROPOSED 25 ft.; height protrusion to 31ft. 1.6% of 53. 8 acre site 387 spaces Berms are proposed along Palomar Airport Road and Paseo del Norte and the parking area is screened 'with landscaping. Driveway access is proposed along the east side of Paseo del Norte north of the intersection of Palomar Airport Road and Paseo del Norte. D. CONDITIONAL USE PERMIT REQUIRED FINDINGS The subject property is under an Agricultural Preserve (Williamson Act) Contract (No. 76-1). Even though the Carlsbad Ranch Specific Plan allows a retail nursery as a permitted accessory use, the Williamson Act contract requires the approval of a Conditional Use Permit to allow the development of a retail nursery on the property. Four findings are required for the approval of a Conditional Use Permit. The required findings with justification for each are summarized in this section. The requested use is necessary or desirable for the development of the community in that a retail nursery at this location will contribute to the long term preservation of the Flower Fields by providing a direct retail and marketing outlet for products of the fields. The addition of a year- round garden center nursery to the Flower Fields will improve the economic viability of the cut flower/bulb growing business. The requested use is in harmony with the various elements and objectives of the General Plan as discussed in section "A" of this report and would not be detrimental to the existing Flower Fields use in that the retail nursery would enhance the Flower Field operation through: the continuation of bulb growing and cut flower production in perpetuity (as a condition of this permit), increased flower promotion through the proposed artist feature garden, year round maintenance and enhancement of the highly visible non-field areas, and enhancement of the existing parking area, landscaping and on-site structure (which will be replaced by a new structure). CUP 98-20/CDP 98-91 - ARMSTRONG GARDEN CENTER October 20, 1999 Page 5 The site is adequate in size and shape to accommodate the use as all applicable Carlsbad Ranch Specific Plan requirements have been met as discussed in section "C" of this report. Approximately 89% (47.82 acres) of the total site will be maintained in open space uses (i.e.; farming, display gardens and landscaping) and the project is parked considerably in excess of required standards. All features necessary to adjust the use to existing and permitted future uses will be provided. Perimeter berming and parking lot landscaping has been designed to screen parking areas except where precluded by site distance requirements. Adequate vehicle circulation has been provided to accommodate visitor traffic and truck turning movements. Access to the site will be provided by a 50 foot wide driveway onto Paseo del Norte. The project will generate 256 average daily trips (ADT). When added to the existing and proposed projects within Planning Areas 2, 3 and 7 of the Carlsbad Ranch Specific Plan, the total ADT is still below the maximum ADT projected in the Carlsbad Ranch Specific Plan Program EIR for these planning areas. The required circulation improvements identified for Carlsbad Ranch will therefore still be adequate to accommodate the vehicle trips generated by this project. E. MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM As designed, the project is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program, the Carlsbad Ranch Specific Plan which serves as the implementing zoning for the Mello II Segment for the project site and the Coastal Resource Protection Overlay Zone (Zoning Ordinance Section 21.203). As discussed in section "C" of this report, a retail nursery within Planning Area 7 of the Carlsbad Ranch Specific Plan is permitted as an accessory use provided that the nursery is accessory to the continuation of a bulb growing and cut flower farming operation at the "Flower Fields". No steep slopes or native vegetation exist on-site and the project is not located within an area of geologic instability. The project will not have drainage impacts on coastal resources as the project has been designed or conditioned to adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. The project site is not located within the Coastal Agricultural Overlay Zone and therefore does not require the payment of agricultural conversion mitigation fees. F. COMPREHENSIVE LAND USE PLAN FOR McCLELLAN - PALOMAR AIRPORT The project site is located within the Airport Influence Area for McClellan-Palomar Airport, and is within the 60 CNEL noise contour for Palomar Airport. The property is approximately 7,500 feet west of the airport. The airport land use plan identifies the use as being compatible with the noise levels for the site. G. GROWTH MANAGEMENT ORDINANCE (LFMP - ZONE 13) The proposed project is located within Local Facilities Management Zone 13 in the northwest quadrant. The impacts on public facilities created by this project and compliance with adopted performance standards are summarized as follows: CUP 98-20/CDP 98-91 - October 20, 1999 Page 6 ARMSTRONG GARDEN CENTER FACILITY City Administration Library Wastewater Treatment Capacity Parks Drainage Circulation Fire Open Space Schools Sewer Water IMPACTS/STANDARD N/A N/A 3.55 EDU $.40/sq. ft. Basin B 256 ADT Station 4 N/A Carlsbad - Payment of non- residential school fee at bldg. permit issuance 3.55 EDU 781 GPD COMPLIES? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes V.ENVIRONMENTAL REVIEW The Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact Report, dated November 1995 (EIR 94-01) evaluates the environmental effects of the development and operation of The Carlsbad Ranch Specific Plan. A Statement of Overriding Consideration was adopted for cumulative impacts to air quality, agriculture, and traffic which cannot be fully mitigated. The cumulative impacts are regional in nature and occur in areas outside the jurisdiction of the City. The proposed 6,400 square foot Armstrong retail garden center was not specifically included as a projected land use within Planning Area 7 of the Carlsbad Ranch Specific Plan project description. However, EIR 94-01 analyzed the environmental impacts from the build-out of the Carlsbad Ranch Specific Plan area with a variety of Projected Land Uses including Office, R&D, Retail and Hotel uses in Planning Areas 2, 3, and 7 (see table below). In comparison, the Approved Land Uses (projects) within Planning Areas 2, 3 and 7 has resulted in a different land use mix. However, even with the addition of a 6,400 square foot retail garden center to Planning Area 7, no greater intensification of development (based upon Average Daily Trips (ADT)) than was analyzed in EIR 94-01 will occur. PROJECTED LAND PLANNING AREAS Office R&D Retail Hotel Rms. 300,000 500,000 20,000 280 USE & ADT 2, 3 AND 7 SF SF SF 6,000 ADT 4,000 800 2,800 ADT ADT ADT TOTAL 13,600 ADT APPROVED PLANNING Office R&D Retail Hotel Rms. Gdn. Ctr. TOTAL LAND USE AREAS 2, 3 AND 475,888 SF 11 8,500 SF 15,980 SF 251 6,400 SF 8 2 & ADT 7 ,547 ADT 663 ADT 599 ADT ,510 ADT 256 ADT 12,575 ADT AmsCUP 98-20/CDP 98-91 - ARMSTRONG GARDEN CENTER October 20, 1999 Page 7 Accordingly, the proposed Armstrong retail garden center does not create any new significant traffic or air quality environmental impacts not previously analyzed in EIR 94-01. All mitigation measures applicable to the Carlsbad Ranch Specific Plan have been incorporated into the project design or are required as conditions of approval for the project. Mitigation measures incorporated into this project include adequate on-site circulation to reduce vehicle queuing, pedestrian connections to the site, and preparation of a solid waste management plan for City review and approval and implementation of that plan. Otherwise, the environmental analysis for this project included an initial study (Environmental Impact Assessment Form - Part II) which concluded that this project would result in a potentially significant impact to agricultural resources (the Flower Fields). This impact can be mitigated to less than significant, and the applicant has agreed to implement the required mitigation measure. The mitigation measure which would reduce the impact to less than significant has been included in a Mitigation Monitoring Plan attached to Resolution No. 4643. The environmental documents for the project were sent to the State Clearinghouse for circulation to other responsible agencies. Comments from the Department of Conservation and Staff responses are included on Attachment "AA". In consideration of the foregoing, a Mitigated Negative Declaration was issued for the proposed project on August 2, 1999. ATTACHMENTS: 1. Planning Commission Resolution No. 4643 (Mitigated Negative Declaration) 2. Planning Commission Resolution No. 4644 (CUP) 3. Planning Commission Resolution No. 4645 (CDP) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Statement 8. Figure "A" - Flower Fields Planting Area 9. Attachment "AA" T Department of Conservation Letter of Comment and Staff response 10. Exhibits "A"-"J" CD:eh SITE ARMSTRONG GARDEN CENTER CUP 98-20/CDP 98-91 BACKGROUND DATA SHEET CASE NO: CUP 98-2Q/CDP 98-91 CASE NAME: ARMSTRONG GARDEN CENTER APPLICANT: CB RANCH ENTERPRISES. A CALIFORNIA CORPORATION REQUEST AND LOCATION: A retail garden center building, nursery yard and associated parking on the northeast corner of Palomar Airport Road and Paseo Del Norte LEGAL DESCRIPTION: Lot 1 of Carlsbad Tract No 94-09. Carlsbad Ranch Unit 1 per map No. 13357. filed September 6. 1996. in the Office of the County Recorder, as file No. 1997- 147754. in the City of Carlsbad. County of San Diego. State of California. APN: 211-022-21 Acres: 53.80 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: OS Density Allowed: N/A Density Proposed: N/A Existing Zone: OS Proposed Zone: OS Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site OS OS Flower Fields North C-2-Q R Carlsbad Company Stores South R-P R Commercial East C-T-Q/C-2-Q TR/C Pacific Palisades Hotel West C-T-Q T-R Commercial PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 3.55 EDU Public Facilities Fee Agreement, dated: December 29, 1998 ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued August 2. 1999 Certified Environmental Impact Report, dated_ Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Armstrong Garden Center CUP 98-2Q/CDP 98-91 LOCAL FACILITY MANAGEMENT ZONE: 13 GENERAL PLAN: OS ZONING: OS DEVELOPER'S NAME: CB RANCH ENTERPRISES ADDRESS: 5600 AVENIDA ENCINAS. SUITE 106. CARLSBAD CA 92008 PHONE NO.: (760)930-9213 ASSESSOR'S PARCEL NO.: 211-022-21 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 6.400 sf ESTIMATED COMPLETION DATE: 256 APT A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 3.55 D. Park: Demand in Acreage = $.40/sf E. Drainage: Demand in CFS = N/A Identify Drainage Basin = Basin B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = H. Open Space: Acreage Provided = I. Schools: (Demands to be determined by staff) J. Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = L. The project is not proposing any dwelling units. N/A Non-res. School fee 3.55 A 781 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require! discretionary action on the part of the City Council or any appointed Board. Commission or Committee, j The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print.' Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate paue may be attached if necessary.) SEE ATTACHED LIST Person Corp/Part title Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons, having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e,- partnership, tenants in common, nonprofit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate, page may be attached if necessary.) SEE ATTACHED LIST Person Corp/Pan Title Title Address . Address 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1 576 • (760) 438-1161 • FAX (760) 438-0894 ATTACHMENT TO DISCLOSURE STATEMENT 1. CB Ranch Enterprises, a California corporation 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Carltas Company, a California limited partnership 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Christopher C. Calkins 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 2. CB Ranch Enterprises, a California corporation 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Carltas Company, a California limited partnership 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Christopher C. Calkins 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Paul Ecke, Jr., Trustee, Paul Ecke, Jr., Trust dated August 7, 1997 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Paul Ecke, III, Trustee of the Elisabeth K. Ecke 1996-1 Irrevocable Trust, dated September 10, 1996 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Paul Ecke, III, Trustee of the Paul Ecke, III Revocable Trust dated September 22, 1989 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Lizbeth A. Ecke, Trustee of the Lizbeth A. Ecke Trust dated March 31, 1994 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Lizbeth A. Ecke, Trustee of the Lizbeth A. Ecke 1996 Irrevocable Trust, dated September 10,1996 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 ATTACHMENT TO DISCLOSURE STATEMENT (Continued) Sara Ecke may, Trustee of the Sara Ecke May Revocable Trust u/oVd April 23, 1996, as amended 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Sara Ecke May, Trustee of the May Children's GST Trust dated September 10, 1996 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 3. Paul Ecke, Jr. 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Paul Ecke, III 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Hans Maxwell Ecke 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Lizbeth A. Ecke 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Mathew Meyers 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Lillie Meyers 5600 Avenida Encinas, Suite 100. Carlsbad, CA 92008 Sara Ecke May 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Corinne May 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Vanessa May 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 LEGOLAND GOLF COURSE an DEVELOPMENT SPECIALTY RETAIL PLANNING AREA & LOT LINE FLOWER FIELDS PALOMAR AIRPORT ROAD RETAIL USE & PARKING LAND USE: AGRICULTURE GROSS PARCEL AREA: 53.42 ACRES DEVELOPMENT PROGRAM: CONTINUATION OF CURRENT USE- FLOWER BULB, CUT FLOWER PRODUCTION. APPROXIMATE PLANTING AREA (INCLUDING FARM ROADS AND PEDESTRIAN PATHS). o1 500' Figure A PLANNING AREA 7 - FLOWER FIELDS PLANTING AREA Gray Davis GOVERNOR STATE OF CALIFORNIA ftITTACHMENT "/ Governor's Office of Planning and Research ^m^fllf State Clearinghouse ^SfS5^v STREET ADDRESS: 1400 TENTH STREET ROOM 222 SACRAMENTO, CALIFORNIA 95814 MAILING ADDRESS: P.O. BOX 3044 SACRAMENTO, CA 95812-3044 916-445-0613 FAX 916-323-3018 www.opr.ca.gov/clearinghouse.html Loretta Lynch DIRECTOR Septembers, 1999 Chris DeCerbo City of Carlsbad 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 Subject: Armstrong Garden Center at the Flower Fields SCH#: 99081011 Dear Chris DeCerbo: The enclosed comment (s) on your draft environmental document was (were) received by the State Clearinghouse after the end of the state review period, which closed on September 1, 1999. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the eight-digit State Clearinghouse number (99081011) when contacting this office. Sincerely, Terry Robe Senior Planner, State Clearinghouse Enclosures cc: Resources Agency Document Details Report^ State Clearinghouse Data Bi SCH# 99081011 Project Title Armstrong Garden Center at the Flower Fields Lead Agency Carlsbad, City of Type neg Negative Declaration Description A Coastal Development Permit and Conditional Use Permit for a 6,400 square foot retail garden center building and associated 27,600 square foot nursery yard and 503 at grade parking spaces on a 53.80 acre lot. Lead Agency Contact Name Agency Phone email Address City Chris DeCerbo City of Carlsbad 760438-1161x4445 2075 LAS PALMAS DRIVE CARLSBAD Fax State CA Zip 92009 Project Location County San Diego City Carlsbad Reg/on Cross Streets Parcel No. Township Palomar Airport Road and Paseo Del Norte 211-022-21 Range Section Base Proximity to: Highways I-5 Airports McClellan/Palomar NCTDRailways Waterways Schools Land Use The existing land use is the Carlsbad Flower Fields. The existing zoning and General Plan land use is Open Space (OS). Project Issues Agricultural Land; Air Quality; Coastal Zone; Public Services; Solid Waste; Traffic/Circulation Reviewing Resources Agency; State Coastal Conservancy; Colorado River Board; Department of Conservation; Agencies Department of Fish and Game, Region 5; Department of Parks and Recreation; Caltrans, Division of Aeronautics; Caltrans, District 11; Regional Water Quality Control Board, Region 9; Native American Heritage Commission; State Lands Commission Date Received 08/03/1999 Start of Review 08/03/1999 End of Review 09/01/1999 Note: Blanks in data fields result from insufficient information provided by lead agency. 09/08/99 11:06 DOC 916 323 3018 NO. 384 £701 SfTATH OF CMJFORNIA-TOE RESOURCES AGENCY GRAY DAVIS, DEPARTMENT OF CONSERVATION 601 K Street. MS 24-02 Sacramento. CA 95814 (910) 445-8733 Phone (916) 324-0948 Pax (916) 324-2555 TDD Septembers, 1999 Chris DeCerto 2075 Las Palmas Drive Carlsbad, CA 92009 SEP 8 1999 STATE CLEARINGHOUSE Subject Armstrong Garden Center at the Flowers Fields SCH #99081011 Dear Chris DeCerbo: The Department of Conservation's Division of Land Resource Protection (Division) has reviewed the Armstrong Garden Center project with respect to the project's compatibility with the Williamson Act. The Division administers the California Land Conservation (Williamson) and Open Space Subvention Administration Acts. We offer the following comments for your consideration. The proposed project calls for a Coastal Development Permit and Conditional Use Permit for a 6,400 square foot Armstrong retail garden center, an associated 27,600 square foot nursery yard, and parking spaces for 503 vehicles on a 53.80 acre lot. This lot is currently under City of Carlsbad Williamson Act Contract No. 76-1. Williamson Act issues As noted above, the project site is restricted by a California Land Conservation (Williamson) Act contract. A Williamson Act contract restricts the use of affected lands to agricultural, open space and compatible uses. The ND asserts that this project is a compatible use. We question this conclusion. The determination of the compatibility of a use is within the authority of the city or county that administers an agricultural preserve. However, Government Code section 51201 requires that for a use to be compatible it must not disrupt the purpose of the Williamson Act contract to preserve agricultural and open space lands. Also, in Government Code section 51220.5, the Legislature directs administering cities and counties, when determining the compatibility of a use, to consider the adverse impacts of increases in human population density generated by a use on agricultural operations. 09/88/99 11:06 DOC-QMR •» 916 323 3019 A NO.384 • G>02 Chris DeCerbo Page 2 In light of this guidance from statute, it is difficult to understand how the proposed commercial retail operation could be deemed a use compatible with agriculture. Further, in January 1995, Assembly Bill 2663, which clarified the more general provisions on compatible use cited above, went into affect. Government Code section 51238.1 now contains three principles of compatibility that must be met for a use of prime agricultural lands: 1. The use will not significantly compromise the long-term productive agricultural capability of the subject contracted parcel or parcels or on other contracted land in agricultural preserve. 2. The use will not significantly displace or impair current or reasonably foreseeable agricultural operations on the subject contracted parcel or parcels or on other contracted lands in agricultural preserves. Uses that significantly displace agricultural operations on the subject contracted parcel or parcels may be deemed compatible if they relate directly to the production of parcels or neighboring lands, including activities such as harvesting, processing, or shipping. 3 The use will not result in the significant removal of adjacent contracted land from agricultural or open-space use. In our estimation, the proposed use would not meet any of these principles. The negative declaration seems to infer that since the garden center will be selling flower growing supplies, it will be incidental to the flower growing use of the agricultural land on which it will be located. However, the proposed use - one outlet of the 44-store Armstrong Company chain — is an inappropriate comparison with the typical farm produce stands that could conceivably be deemed compatible uses under principle number two, above. Therefore, unless we misunderstand the nature of the project proposed, and the City is able to make the three findings of section 51238.1, we advise that the Williamson Act be terminated, preferably via contract nonrenewal, before this project proceeds. Farmland Conversion Impact Mitigation Once the above Williamson Act contract compatibility issue has been resolved, and if the project were to proceed as proposed, we suggest that future CEQA documents address the following comments. Page five of the ND appropriately identifies the proposed project's impact on agricultural resources as "Potentially Significant Unless Mitigation Incorporated". The mitigation measure incorporated into the project requires the applicant to replant the "Flower Fields" each year in perpetuity. Notwithstanding the merits of this mitigation measure, we believe that it falls short of fully addressing the project's farmland 09/08/99 11:06 DOC-^R -> 916 323 3018 £ NO. 384 G>03 Chris DeCerbo Page 3 conversion impacts. We suggest that a broader range of measures be considered in a mitigated negative declaration or DEIR to address both the direct and indirect project impacts on farmland. The Division has compiled an annotated listing of approximately 30 "conservation toots" which have been used to conserve or mitigate project impacts on agricultural land. (The unpublished list may be requested from the Division at the phone number, below.) One of the tools described in the listing is the purchase of agricultural land conservation easements on land of equal quantity and size as replacement mitigation for land converted by a project. We highlight this mitigation measure because of its growing acceptance as a conservation tool by state and local agencies in California and other states. For example, the City of Davis currently requires a 1:1 mitigation via conservation easements for every acre of prime farmland converted by development. Caltrans has proposed using conservation easements as mitigation for agricultural land that would be converted by a freeway. Also, at least one California court has ruled that conservation easements should be considered as a feasible mitigation measure for the loss of agricultural land (El Toro Land Use Planning Authority, et al v. County of Orange, et al, San Diego Superior Court #710123, January 6,1998). An alternative to the outright purchase of easements is the donation of mitigation funds to a local regional or statewide program promoting and implementing the use of agricultural conservation easements, such as local land trusts or conservancies, or the statewide Agricultural Land Stewardship Program (ALSP). The latter is an agricultural conservation easement grant program that can receive donations of funds for grants to local agencies and private non-profit land trusts and conservancies for the purchase of easements. This program is administered by the Division in cooperation with the USDA's Farmland Protection Program (administered by the Natural Resources Conservation Service), which also awards grants for the purchase of agricultural land conservation easements. If the conservation easements are considered, the search for property to be placed under an easement need not be limited strictly to the Carlsbad area. The loss of prime agricultural land is considered to be a regional and statewide issue. Therefore, candidate lands for easements could come from at least a regional search. Information on the ALSP, and conservation easements generally, is available on the Department's website, or by contacting the Division at the address and phone number listed below. The Department's website address is: www.consrv. ca. gov/dlrp/alsp/index, htm 09/B8/99 11:06 DOC-CMfc -> 916 323 3018 4fc NO. 384 . 004 Chris DeCerbo Page 4 Of course, these are only a few of the mitigation measures that could be considered to fulfill the requirements of CEQA with respect to the project's environmental impacts. We encourage you peruse the above-mentioned listing on conservation tools for other mitigation strategies that might fit the needs of Carlsbad. If you have questions on our comments, or require technical assistance or information, please contact Emily Kishi. Division of Land Resource Protection, at (916) 324-0850. Sincerely, /Jason Marshall Assistant Director cc: Luree Stetson, Assistant Director Division of Land Resources Protection City of Carlsbad Planning Department October 1,1999 Mr. Jason Marshall Assistant Director Department of Conservation 801 K Street, MS 24-02 Sacramento, CA 95814 RE: Armstrong Garden Center at the Flower Fields SCH #99081011 Dear Mr. Marshall: This letter is in response to your correspondence dated September 8, 1999. It appears that a more comprehensive description of the subject parcel, its surroundings and the nature of the proposed project may be in order. The Flower Fields at Carlsbad Ranch is a unique agricultural operation that has for many years attracted people by its panoramic beauty when millions of ranunculus flowers bloom on the coastal hillside. It has become a major source of City pride treasured by the citizens of Carlsbad while instilling an appreciation of California's agriculture in all that experience it. The continuation of the Flower Fields is a major element of the recently adopted Carlsbad Ranch Specific Plan. The plan includes provisions to promote the economic viability of the operation, including facilities for the "sale of flowers, produce, and other items related to the promoti'on of the Flower Fields" and "other similar accessory uses and structures." The plan also provides the City with a first right of refusal to acquire the property if its floral use is judged infeasible by the landowner at some future time. Unfortunately, the grower who cultivated the ranunculus crops from the late 1970's through the early 1990's could no longer run the operation profitably. In order to maintain the agricultural operation as economically viable, the proposed project will generate income to offset losses from the growing operation and will do so in a way that is completely compatible with the unique agricultural operation. The proposed garden center is unique from all of the other Armstrong Garden Centers. The proposed project is intended to promote the agricultural operation by showcasing potted ranunculus plants, cut ranunculus flowers, and ranunculus bulbs grown on the parcel. In addition, Armstrong will participate in numerous educational programs with the property owner including a growing program for students from pre-school through 2075 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (76O) 438-1161 - FAX (760) 438-O894 ARMSTRONG GARDEN CENTER AT THE FLOWER FIELDS SCH #99081011 OCTOBER 1, 1999 Page 2 fifth grade (6,000 student participants are projected for 2000), a master gardener program, and an artist program (using the flower growing as a medium). All of the educational programs are designed to promote an appreciation of The Flower Fields and agriculture. The proposed garden center is more than compatible with the agricultural operation on the parcel; it will enhance it. The retail nursery operation, including parking, will occupy approximately 1.7 acres of the 53.8-acre Flower Fields parcel. This area has not been farmed for at least 15 years and has been customarily used by recent tenants as a staging, storage, parking and support area for the operation. The site has also been used more or less continuously for seasonal retailing of the floral or track crops produced on the property and related products. Thus the proposed specialized Armstrong Garden Center facility is spatially merely a contemporary and more cost-efficient extension of the' uses that have occupied this portion of the site in the recent past. The 53.8-acre parcel is in an urban location, surrounded by development. Specifically, the parcel is located at the northeast comer of a busy intersection with a 7-11, Mobil Gasoline Station and Holiday Inn on the other three (3) comers of the intersection. The parcel is bordered by an outlet mall, a hotel/timeshare, two (2) office buildings and a parcel designated for golf course development. The proposed project will be located on the land closest to the intersection. This area is the most suitable portion of the parcel for the retail, storage, staging and parking uses it has been put to. Even absent the project, it is unlikely the area would be used for actual production. In addition, according to the property owner, it would require too much work and expense to sustain crops on the 1.7- acre site because it has not been cultivated for such a long period. With respect to the Williamson Act issues raised in your letter, the City of Carlsbad has reviewed and analyzed the proposed project and determined that (i) the project is consistent with the terms and conditions of the specific contract covering the parcel, and (ii) the project is consistent with the statutory provisions of Government Code Section 51238.1. Project Consistency with Land Conservation Contract 76-1 The subject parcel is Assessor's Parcel Number 212-022-21 (the "Property"). The Property is subject to Land Conservation Contract 76-1 dated February 10, 1976, as amended by instruments dated December 15, 1987, December 23, 1988, April 12, 1993 and January 9, 1996 (the "Contract"). The Property owner submitted an application for a conditional use permit to allow a retail nursery operation on a small portion of the Property. Section l.b) 6) of Exhibit B of Land Conservation Contract 76-1, states that a retail nursery is permitted on the Property provided a conditional use permit is issued by the City of Carlsbad authorizing such use (copy of Section 1 .b) 6) attached for your reference). ARMSTRONG GARDEN CENTER AT THE FLOWER FIELDS SCH #99081011 OCTOBER 1, 1999 Page 3 Pursuant to the Zoning Ordinance for the City of Carlsbad, the City of Carlsbad proposes to issue a conditional use permit, which includes the following condition, for the project: This Conditional Use Permit for a retail garden center within Planning Area 7 of the Carlsbad Ranch Specific Plan is approved subject to the condition that the "Flower Fields" will be planted in an open field flowering crop each year and will remain in bulb growing and cut flower production in perpetuity. The Conditional Use Permit for this retail garden center may be revoked at any time if this condition has not been met." Upon the City's issuance of a conditional use permit for the project, the City of Carlsbad determines that the proposed retail nursery on the Property is in compliance with the terms and conditions of the Contract. This condition assures that the Armstrong Garden Center is dependent on the continued existence and viability of the Flower Fields. This condition and the Specific Plan commitments to perpetuate the Flower Fields will continue in force even after the expiration by non-renewal of the contract in 2006. Project Consistency with Statutory Provisions The three (3) principles of compatibility stated in Government Code Section 51238.1 are set forth below, along with a discussion of the City's determination that the proposed project meets each principle. 1. The use will not significantly compromise the long-term productive agricultural capability of the subject contracted parcel or parcels or on other contracted land in the agricultural preserve. Discussion: The location of the proposed project is remote from the other contracted land in the agricultural preserve and therefore will not compromise the long-term productive agricultural capability of other contracted land in the agricultural preserve. With respect to the subject contracted parcel, its long-term productive agricultural capability will not be compromised by the proposed project because the 1.7-acre project site has not been used for agricultural production for at least 15 years, its long-term productive agricultural capability is already minimal, and it is in any event insignificant because it affects less than 4% of the parcel's total area, in the portion least suited to production. 2. The use will not significantly displace or impair current or reasonably foreseeable agricultural operations on the subject contracted parcel or parcels or on other contracted lands in agricultural preserves. Discussion: As discussed above, the 1.7-acre Armstrong project site has not been used for agricultural operations for at least 15 years so there is no possibility for displacing or ARMSTRONG GARDEN CENTER AT THE FLOWER FIELDS SCH #99081011 OCTOBER 1, 1999 Page 4 impairing current agricultural operations anywhere. With respect to reasonably foreseeable agricultural operations, based on statements from the property owner they will not be displaced or impaired on the subject contracted parcel or on other contracted lands in agricultural preserves. (Note: The owner of the subject parcel also owns all of the other contracted lands in agricultural preserves in the City of Carlsbad.) However, even if there were to be any displacement or impairment it would not be "significant" because of the small quantity of land to be used for the proposed project. 3. The use will not result in the significant removal of adjacent contracted land from agricultural or open-space use. Discussion: The only contracted land adjacent to the 1.7-acre project site is the remainder of the 53.8-acre subject parcel. As discussed above, the proposed project will enhance the feasibility of the ranunculus operation on the remainder of the parcel. The only contracted land adjacent to the subject parcel is a 45.6-acre parcel which is already slated for development as a portion of a golf course pursuant to the Carlsbad Ranch Specific Plan. The contract specially authorizes golf courses as a compatible use, but it appears that any actual golf course construction will not take place until sometime after the contract on that property expires through non-renewal in 15 months. There is no discernible causal connection between the two projects. Finally, the City has considered the factors described in Section 51220.5 with respect to the impacts of human activities on agriculture and believes that because of the nature of the agricultural operation, the urban context of the site, and the historic use of the specific project site for similar purposes, these concerns are minor or irrelevant, and are in any event easily outweighed by the benefits the proposed project brings to the agricultural operation. Conditional Uses and Mitigation The Williamson Act authorizes governments to adopt compatible uses which "without conditions or mitigations" would not be legally compatible (Section 51238.1(b)). In the present instance the City believes the proposed project is consistent with the three principles even without the condition because the small size, location, and history of the project site in relation to the overall parcel makes its impacts insignificant in that context. However, the condition is necessary and appropriate to implement the City's Williamson Act contract and rules, the Carlsbad Ranch Specific Plan, and to mitigate any potential adverse impacts for CEQA purposes. The permanent planting requirement cements the tie between the Flower Fields and the nursery, and ensures that the nursery's continued existence at that location is dependent upon the continued existence of the Flower Fields and their need for retail support. ARMSTRONG GARDEN CENTER AT THE FLOWER FIELDS SCH #99081011 OCTOBER 1, 1999 Page 5 . In its initial study for CEQA purposes, the City conservatively identified the minimal agricultural conversion associated with the project as potentially significant absent mitigation. The City continues to believe that the mitigation provided in the draft negative declaration is appropriate, and that measures of the type suggested by your letter such as conservation easements or exactions, are not warranted in this case and would be disproportionate to the scale and nature of the conversion, particularly in light of the right of first refusal the City acquired pursuant to the Specific Plan to acquire and, if necessary, operate the Flower Fields if the present owner determines it to be infeasible at some future time. Sincerely, CHRIS DECERBO Principal Planner CD:kc Enclosure 7604319020 12) Other uses or enterprises similar to the above cuslgrnaril carried on in the field of general agriculture, 13} The following uscs'if necessary and incidental to the agri- cultural use of the land.1 a) Accessory uses ami accessory buildings and structures, including but not limited to prfvnto garages, children's playhouses, radio and television receiving antennas, windmills, silos. tot)K houses, shops, barns, offices, coops, latli houses, stables, pens, corrals, and other . similar accessory uses awl structures required Tor the conduct of the permitted uses; l>) Dogs, cats /iml other domestic pets, provided not more than four dogs or four cats older than six months or nny combination thereof shall bo kept on any lot or parcel of land; . , •. c) Farmhouse, simjlc-rnmily dwelling; d} Guest house; c) Home opptipation. The following compatible uses, provided a conditional use permit authorizing such use is issued by the Planning CoT,rissicn or city Council of the CHy of Carlsbad. Such conditional us* permit sbiU be applied for, considered, granted or denlud in the? manner pro- scrihetl by the Zoning Ordinance of the City of Carlsbad for the applic-Hion for, consideration, prnnting or denying of applications for conditional use permits under that ordinance. 1) 2} 3) 1) NO.997 Apiary, provided that all hives or boxes housing bees placed at least four hundred feet from any stroct, school, (uu-k, "R" zone, or From any dwellinfl or place of human habitat ion other than that occupied by tiie owner or caretaker of thu C) Aviaries; Poultry, rabbits, chinchillas, hnwsters and other small n in excess of the number specified i» Section 21.0/.OJO; Farm cctploype housing for persons working on site, providt-tl UtO number of units, sluill not exceed two per gj-o*1; aero of land area ami no such housing is located closer tlun fifty fcut front any lot lino; llqy and fcoil stores; Mursorfcs, retail nt;d wholcsalo: P.7/7 -0- I! (to