HomeMy WebLinkAbout2017-03-14; City Council; Resolution 2017-045RESOLUTION NO. 2017-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN ADDENDUM TO THE NEGATIVE DECLARATION
FOR PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS ZCA 09-
02/ZC 09-06/SP 207(1)/SP 144(K)/LCPA 09-05 AND AN AMENDMENT TO THE
LOCAL COASTAL PROGRAM.
CASE NAME: PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE
CASE NO.: ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03
Exhibit 1
WHEREAS, on January 4, 2017, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider the Addendum to the Negative Declaration for ZCA 09-02/ZC 09-06/SP
207{1)/SP 144(K)/LCPA 09-05, as well as the proposed ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03; and
WHEREAS, pursuant to Planning Commission Resolution No. 7217, the Planning Commission
recommends that the City Council approve an Addendum to the Negative Declaration for ZCA 09-02/ZC
09-06/SP 207(1)/SP 144(K)/LCPA 09-05; and, pursuant to Planning Commission Resolution No. 7218,
the Planning Commission recommends that the City Council approve Local Coastal Program
Amendment LCPA 16-03; and
WHEREAS, on March 14, 2017, the City Council held a duly noticed public hearing to consider
ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors related to the project.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as
follows:
1. The above recitations are true and correct.
2. The state-mandated six-week review period for the Local Coastal Program Amendment
(LCPA 16-03) started on November 4, 2016 and ended on December 16, 2016, and no
comments were received in response to the notice.
3. The findings ofthe Planning Commission in Planning Commission Resolutions No. 7217
and No. 7218 constitute the findings of the City Council in this matter.
4. The Addendum to the Negative Declaration for ZCA 09-02/ZC 09-06/SP 207{1)/SP
144(K)/LCPA 09-05 is approved, as shown on Exhibit 1A of Planning Commission
Resolution No. 7217, on file with the City Clerk and incorporated herein by reference.
5. The amendment to the Local Coastal Program (LCPA 16-03}, is approved as shown on
Exhibit 2B of Planning Commission Resolution No. 7218, on file with the City Clerk and
incorporated herein by reference.
6. That the approval of LCPA 16-03 shall not become effective until it is approved by the
California Coastal Commission.
7. This action is final on the date this resolution is adopted by the City Council. The
Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking
review must be filed in the appropriate court not later than the ninetieth day following
the date on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record is filed with a deposit in an amount
sufficient to cover the estimated cost or preparation of such record, the time within
which such petition may be filed in court is extended to not later than the thirtieth day
following the date on which the record is either personally delivered or mailed to the
party, or his attorney of record, if he has one. A written request for the preparation of
the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200
Carlsbad Village Drive, Carlsbad, CA, 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of March, 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: None.
Item #6 March 14, 2017 Page 170 of 240
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PLANNING COMMISSION RESOLUTION NO. 7217
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
ADDENDUM TO THE NEGATIVE DECLARATION FOR PROP D -CANNON
ROAD AGRICULTURAL/OPEN SPACE LANDS ZCA 09-02/ZC 09-06/SP
207{1)/SP 144(K)/LCPA 09-05.
CASE NAME: PROP D CANNON ROAD AGRICULTURAL/OPEN
SPACE ZONE
CASE NO.: ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03
Exhibit 3
WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application with the City
of Carlsbad for amendments to the Zoning Ordinance, Zoning Map, Carlsbad Ranch Specific Plan (SP 207)
and the Local Coastal Program (ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03) to implement Proposition D
"Preserve the Flower and Strawberry Fields and Save Taxpayers Money;" the amendments affect
properties as shown on Attachment 2A-1 of Planning Commission Resolution No. 7218; and
WHEREAS, on May 24, 2011, the City Council approved amendments to the Zoning
Ordinance, Zoning Map, Carlsbad Ranch Specific Plan (SP 207), Encina Specific Plan (SP144), and the Local
Coastal Program (ZCA 09-02/ZC 09-06/SP 207{1)/ SP 144(K)/LCPA 09-05), which established the CR-A/OS
Cannon Road -Agricultural/Open Space Zone, applied the zone to specific properties subject to
Proposition D and amended other policies and regulations to implement the new CR-A/OS Zone; and
WHEREAS, on May 24, 2011, the City Council approved a Negative Declaration for said
amendments; and
WHEREAS, the City Council's approval of ZCA 09-02/ZC 09-06/SP 207(1)/ SP 144(K)/LCPA
09-05 was not effective until the Coastal Commission approved LCPA 09-05; and
WHEREAS, in August 2011, an application for LCPA 09-05 was submitted to the Coastal
Commission for review, Coastal Commission staff identified issues with said application, and city staff and
Coastal Commission staff have coordinated and identified revisions to LCPA 09-05 that resolve the issues
raised by Coastal Commission staff; and
WHEREAS, revised amendments to the Zoning Ordinance, Zoning Map, Carlsbad Ranch
Specific Plan (SP 207) and the Local Coastal Program are now proposed as ZCA 16-04/ZC 16-02/SP
207{L)/LCPA 16-03, which establish the CR-A/OS Cannon Road Agricultural/Open Space Zone, apply the
Item #6 March 14, 2017 Page 171 of 240
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zone to specific properties subject to Proposition D, and amends other policies and regulations to
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implement the new CR-A/OS Zone; and
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WHEREAS, the revised amendments differ from the amendments approved in May 2011
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and result in: 1) fewer uses allowed in the CR-A/OS Zone; 2} additional text in the CR-A/OZ Zone (Zoning
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Ordinance Chapter 21.209} that clarifies the importance of agriculture, open space uses, public access,
7 public views and trails; 3} a more restrictive building height standard that specifies the city shall not allow
8 building height to exceed 35 feet; 4) fewer properties subject to the CR-A/OS Zone; and 5) two new
9 policies that require two future trails within Carlsbad Ranch Specific Plan (SP 207) Planning Area 8a; and
10 WHEREAS, in compliance with the California Environmental Quality Act ("CEQA"), the
11 proposed amendments and Negative Declaration for ZCA 09-02/ZC 09-06/SP 207(1)/SP 144(K)/LCPA 09-
12 OS were evaluated, based on the conditions described in Section 15162 of the CEQA Guidelines, to
13 determine if the preparation of a subsequent Negative Declaration was required for PROP D CANNON
14 ROAD AGRICULTURAL/OPEN SPACE ZONE ZCA 16-04/ZC 16-02/SP 207(L)/ LCPA 16-03; and
15 WHEREAS, the proposed amendments constitute a change to the project on which the
16 Negative Declaration for ZCA 09-02/ZC 09-06/SP 207(1)/SP 144(K)/LCPA 09-05 was prepared, and,
17 pursuant to CEQA Guidelines Section 15164, an Addendum to the Negative Declaration for ZCA 09-02/ZC
18 09-06/SP 207(1)/SP 144{K}/LCPA 09-05 was prepared; and
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WHEREAS, said Addendum, dated January 4, 2017, is attached hereto as Exhibit 1A, and
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includes, as an attachment, the Negative Declaration for ZCA 09-02/ZC 09-06/SP 207(1)/SP 144(K)/LCPA
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09-05; and
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WHEREAS, the Planning Commission did on January 4, 2017, hold a duly noticed public
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hearing as prescribed by law to consider the Addendum; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
26 arguments, examining the Addendum, analyzing the information submitted by staff, and considering any
27 written comments received, the Planning Commission considered all factors relating to the Addendum.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
PC RESO NO. 7217 -2-
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Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS APPROVAL of the Addendum to the Negative Declaration for ZCA
09-02/ZC 09-06/SP 207(1)/SP 144{K)/LCPA 09-05, Attachment 1A attached hereto based
on the following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. It has reviewed, analyzed, and considered the Addendum to the Negative Declaration for ZCA
09-02/ZC 09-06/SP 207(1)/SP 144{K)/LCPA 09-05, the environmental impacts therein
identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of
PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE ZCA 16-04/ZC 16-02/SP
207(L)/LCPA 16-03; and
b. The Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures
of the City of Carlsbad; and
c. It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and
d. That RECOMMENDING APPROVAL of an Addendum to the Negative Declaration for ZCA 09-
02/ZC 09-06/SP 207(1)/SP 144{K)/LCPA 09-05 is appropriate because, although the project
differs slightly than what was identified in ZCA 09-02/ZC 09-06/SP 207{1)/SP 144(K)/LCPA 09-
05, the differences are not substantial {the range of allowed uses is narrower; additional text
is added to the zone that clarifies the importance of agriculture, open space uses, public
access, public views and trails; a more restrictive maximum building height is specified; fewer
properties will be subject to the CR-A/OS Zone; and two new future trails are required within
Carlsbad Ranch Specific Plan (SP 207) Planning Area 8a); and none of the conditions described
in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent negative
declaration have occurred, specifically:
i. The proposed amendments will not result in any significant new environmental
effects or any substantial increase in the severity of a previously identified significant
effect. The analysis and mitigation contained in the Negative Declaration for ZCA 09-
02/ZC 09-06/SP 207(1)/SP 144(K)/LCPA 09-05 remain adequate to address the
proposed amendments.
ii. There has been no substantial change with respect to the circumstances under which
the amendments are being undertaken that would require major revisions to the
previous Negative Declaration for ZCA 09-02/ZC 09-06/SP 207(1)/SP 144{K)/LCPA 09-
05.
iii. The Negative Declaration for ZCA 09-02/ZC 09-06/SP 207(1)/SP 144(K)/LCPA 09-05 did
not identify any significant effects or mitigation measures for the project; and there
is no new information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous
Negative Declaration was adopted, that shows the proposed amendments will have
one or more significant effects not discussed in the previous Negative Declaration.
PC RESO NO. 7217 -3-
Item #6 March 14, 2017 Page 173 of 240
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on January 4, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEFF SEGALL, Chairperson
Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux,
Montgomery and Siekmann
11 CARLSBAD PLANNING COMMISSION
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ATTEST:
~Th
DON NEU
City Planner
PC RESO NO. 7217 -4-
Item #6 March 14, 2017 Page 174 of 240
A. Introduction
ADDENDUM TO THE NEGATIVE DECLARATION FOR
ZCA 09-02/ZC 09-06/SP 207(1}/SP 144(K)/LCPA 09-05
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE
Attachment 1A
January 4, 2017
On May 24, 2011, the City Council of the City of Carlsbad adopted a Negative Declaration for the PROP D
-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS ZCA 09-02/ZC 09-06/SP 207(1)/SP 144(K)/LCPA 09-
05 project, which included amendments to the Zoning Ordinance, Zoning Map, Carlsbad Ranch Specific
Plan, Encina Specific Plan, and Local Coastal Program.
B. Background
In November 2006, City of Carlsbad voters approved Proposition D, the "Preserve the Flower and
Strawberry Fields and Save the Taxpayers Money" (Prop D). The area affected by Prop D encompasses
approximately 300 acres of privately owned land east of Interstate-S and both north and south of Cannon
Road. Prop D placed a permanent open space designation on the affected lands and
supported/encouraged the continuation of agriculture on the lands for as long as it remains economically
viable for the landowners. When agriculture is no longer economically viable, only other open space uses
are allowed.
On September 23, 2008, after an eight-month community engagement process, the City Council accepted
the Final Report on the Comprehensive Planning Process to Implement Proposition D for the Cannon Road
Agriculture and Open Space Lands {Final Report). In 2009 to 2010, following the Final Report's
recommendations, the city prepared amendments to the Zoning Ordinance, Zoning Map, Carlsbad Ranch
Specific Plan, Encina Specific Plan, and Local Coastal Program. In compliance with CEQA, the city prepared
a project description/initial study to determine whether the amendments resulted in any significant
impacts on the environment. The initial study found that no significant impacts to the environment would
result from the amendments and the city prepared a Negative Declaration as the environmental
document required by CEQA. On May 24, 2011, a Negative Declaration was adopted by the City Council
for PROP D -CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS ZCA 09-02/ZC 09-06/SP 207{1)/SP
144(K)/LCPA 09-05.
On August 1, 2011, LCPA 09-05 was submitted to the California Coastal Commission for review and
approval. Due to issues raised by the Coastal Commission staff, on September 26, 2012, the city withdrew
LCPA 09-05 to work with Coastal Commission staff on resolving their concerns. The project approved by
the city in 2011 has been revised to address Coastal Commission staff concerns.
C. Minor changes to the PROP D -CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS ZCA 09-
02/ZC 09-06/SP 207(1)/SP 144(K)/LCPA 09-05 project
The city has prepared this addendum to describe minor changes to the PROP D -CANNON ROAD
AGRICULTURAL/OPEN SPACE LANDS ZCA 09-02/ZC 09-06/SP 207(1}/SP 144(K)/LCPA 09-05 project
approved by the City Council in 2011, on which the Negative Declaration is based. The revised project is
now proposed as the PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE ZCA 16-04, ZC 16-02, SP
207(L}, and LCPA 16-03 project. The following describes the proposed changes to the project approved
by the City Council in 2011:
Item #6 March 14, 2017 Page 175 of 240
• Fewer uses are allowed in the CR-A/OS Zone (no new uses are proposed);
• Text is added in the CR-A/OZ Zone (Zoning Ordinance Chapter 21.209) that clarifies the
importance of agriculture, open space uses, public access, public views and trails;
• A more restrictive building height standard is added in the zone that specifies the city shall not
allow building height to exceed 35 feet;
• Fewer properties are subject to the CR-A/OS Zone because the parcels north of Cannon Road are
located in an area where the Coastal Commission has not certified a LCP Implementation Plan
(zoning)-an area with no certified LCP zoning is referred to as a "deferred certification" area.
Within the deferred certification area, there is technically no LCP zoning applicable, therefore
there is no LCP zoning that can be amended. Only the two parcels south of Cannon Road that
were included in the previous project are proposed to be amended at this time (the CR-A/OS Zone
is not proposed to be applied to any new properties);
• Two new policies that require two future trails within Carlsbad Ranch Specific Plan (SP 207)
Planning Area 8a; and
• Amendments to Local Coastal Program Agua Hedionda Land Use Plan and the Encina Specific Plan
are no longer part of the project.
D. CEQA Guidelines Provision for Addendum
CEQA Guidelines section 15164(b) provides that an addendum to an adopted Negative Declaration may
be prepared if none of the conditions described in CEQA Guidelines section 15162 calling for preparation
of a subsequent EIR or Negative Declaration has occurred.
CEQA Guidelines section 15162 provides that, when ari EIR or Negative Declaration has been adopted for
a project, no subsequent EIR or Negative Declaration shall be prepared for that project unless the lead
agency determines that:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR
or Negative Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
2. Substantial changes have occurred with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative Declaration due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
3. New information of substantial importance, which was not known and could not have been known
with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the
Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or
Negative Declaration;
b. Significant effects previously examined will be substantially more severe than shown in
the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project but
the project proponent declines to adopt the mitigation measure or alternative;
Item #6 March 14, 2017 Page 176 of 240
d. Mitigation measures or alternatives which are considerably different from those analyzed
in the previous HR would substantially reduc.e one or more significant effects of the
project but the project proponent dedines to adoptthem.
The city has considered whether any of the conditions descril:)ed in Sectiop C above would satisfy the
requirements for preparation of a s.ubsequent Negative Declaration pursuant to CEQA Guidelines Section
15162. The proposed amendments do not constitute a substantial change in the proposed proJect or In
the circumstances under which the proJect is undertaken; and no new information of substantial
importance is known. The proposed amengments do not make any substantial change in the nature or
scope of the project or in the ana1y:sis of environmental effects eontained in the approved Negative
Declaration.
E. Conclusion
Pursuant to CEQA Guidelines section 1S164{b)1 the city has prepared this .addendum to the pn:v'lousiy
approved Negative Declaration for the PROPP-CANNON ROAPAGRlCULTURAL/OPEN SPACE LANDS.ZCA
09-02/ZC 09~09/SP 2.07(!)/SP 144{1<)/LCPA 09-QS project; this addendum is intended to serve as the
environmental. review required hy CEQA for the: proposed amendments i.!l the PROP D CANNON ROAD
AGRICULTURA~/()PEN SPACE ZONE ZCA 16··tl4, ZC H)..:('f2, SP 207(L}, and LCPA 16-03 project. The
addendum complies with the requjrement$ ofCEQA beta use:
1. The previously approved project Negative: Dedaratiotl for the PROP D-CANNON ROAD
AGRICULTURAL/OPEN SPACE lANDS ZCA 09~02/ZC 09-06/SP 207(1)/SP 144(K}}LCPA 09-05 project
complied with CEQ,A; and
2, Although the proposed ame.t"'dments constitute a change to the PROP D -CANNON ROAD
AGRICULTURAL/OPEN SPACE LANDS ZCA 0~02/ZC 09-06/SP 207{1)/SP 144{K)/LCPA 09-05 project, the
changes are not substantial and none of.the conditions described in CEQA Guidelines Section 15162 cainng
for preparation of a subseqlient Negative Declaration have occurred~
Accordingly, this addendum and the previously approved Negative Declaration comply wltb the
requirements of CEQA for environmental tevi'ew of the proposed amendments, A copy of the previously
approved Negative De.claration is attached.
Pursuant to CEQA GuldeHnes Section 15164{c}., this addendum need not be <,:irculated for pubHc review
but can be included in or attached to the approved Negative Declaration, The City Council will consider
the addendum prior to making a decision on the PROP D CANNON ROAD AGRICULTURAl/OPEN SPACE
ZONE l.CA 16-04/ZC 16--02/SP .207{L)/LCPA 16.~03. project
Attachments:
lA-1. NegatiVe Dedaratfon and Initial Study for Prop D-Cannon Ro;;~d Agricultural/Open Space Lands
ZCA 09-Q2/ZC 09-06/SP 2070}/SP 144{K)/lCPA 09-05.
Item #6 March 14, 2017 Page 177 of 240
(~~.A_ CITY OF ~~'CARLSBAD
Planning Department
CASE NAME:
CASE NO:
PROJECT LOCATION:
Attachment lA-1
www.carlsbadca.gov
NOTICE OF INTENT TO ADOPT A
NEGATIVE DECLARATION
Prop D -Cannon Road Agricultural/Open Space Lands
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
East of the Interstate 5 Freeway along the north and south sides of
Cannon Road west of Faraday A venue and North of Palomar
Airport Road
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PROJECT DESCRIPTION: The proposed project consists of 1) a Zone Code Amendment
(ZCA09-02) to create a new zoning classification, Chapter 21.209 -Cannon Road Agricultural
and Open Space Zone (CR-AIOS) and to incorporate a minor site development plan review
process; 2) a Zone Change (ZC 09-06) to apply the new zone to several parcels ofland located on
the north and south sides of Cannon Road east of the I-5 Freeway and to remove the
ComrnercialNisitor-Serving Overlay Zone; 3) a Local Coastal Program Amendment (LCPA 09-
05) to implement the Zone Change and Zone Code Amendments, and to amend sections of the
Mello II Local Coastal Program (LCP), Agua Hedionda LCP, and Carlsbad Ranch Specific Plan
SP 207(1) for consistency with the provisions of the new zone; and 4) two amendments to
existing Specific Plans (Carlsbad Ranch Specific Plan -SP 207(1) and Specific Plan 144(K)) to
ensure that provisions of the Specific Plans are consistent with the provisions of the new zone.
The Cannon Road Agricultural and Open Space Zone is being created in order to implement the
provisions of "Proposition D-Preserve the Flower and Strawberry Fields and Save Taxpayers
Money" (Prop D) approved by the City of Carlsbad voters in Novemher, 2006. Prop D applied to
approximately 300 acres of privately owned lands located east of Interstate 5 along the north and
south sides of Cannon Road including the existing strawberry and :flower growing agricultural
areas. Prop D placed a permanent open space designation on the lands. It strongly supported and
encouraged the continuation of agriculture on the lands for as long as· it remains economically
viable for the private landowners. When agriculture is no longer economically viable for the
landowners, only other open space uses would be allowed on the lands. Prop D included a
provision for the City to conduct a comprehensive planning process with broad public
participation to accomplish full implementation of the measure and to determine the most
appropriate open space, recreational and public uses for the lands, should farming become no
longer economically viable for the landowners. Prop D went through environmental review in
conformance with the California Environmental Quality Act prior to its approval by the voters
and a Negative Declaration was approved and filed with the County Clerk.
The comprehensive planning process for Prop D included extensive community participation and
input. The community's input served as the foundation for preparing the new Cannon Road
Agricultural and Open Space (CR-AIOS) Zone classification. The focus of this environmental
impact assessment is on the new zoning classification since all the other actions included in the
project are being proposed in order to implement the zone.
The Cannon Road Agricultural and Open Space Zone contains a list of pennitted agriculture and
open space uses, guiding principles for establishment of the uses and standards that v.ill apply to
Avenue, Carlsbad, CA 92008-7314 T (760) 602-4500 F (760) 502-8559
Item #6 March 14, 2017 Page 178 of 240
future uses and development proposed in the zone. No physical development is proposed at this
time. The project consists entirely of policy actions that will regulate future development in the
area in which the zone is applied and amendments to existing land use documents to achieve
consistency. The new zone will apply to approximately 243 acres of land as shown on the
location map. The draft Zone Code Amendment, Zone Change and amendments to existing land
use documents are available at the City of Carlsbad Planning Department, 1635 Faraday Avenue,
Carlsbad, CA 92008.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental
review of the above described project pursuant to the Guidelines ·for Implementation of the
California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of
the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any '
potel)tially significant impacts on the environment. Therefore, a Negative Declaration will be '
recommended for adoption by the City of Carlsbad City Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative
Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California
92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA
Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the
proposed finding that the project will not have a significant effect on the environment. If persons
and public agencies believe that the project may have a significant effect, they should: (1)
identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain
why they believe the effect would be significant. Please submit comments in writing to the
Planning Department within 30 days of the date of this notice.
The proposed project and Negative Declaration are subject to revievv and approval/adoption by
the City of Carlsbad Planning Commission and City Council. Additional public notices will be
issued when those public hearings are scheduled. If you have any questions, please call Barbara
Kennedy in the Planning Department at (760) 602-4626.
PUBLIC REVIEW PERIOD
PUBLISH DATE
August 6, 2010-September 5, 2010
August 6, 2010
Item #6 March 14, 2017 Page 179 of 240
CASE NAME:
CASE NO:
PROJECT LOCATION:
NEGATIVE DECLARATION
Prop D -Cannon Road Agricultural/Open Space Lands
ZCA 09-02/ZC 09-06/LCP A 09-05/SP 207(1)/SP 144CK)
East of the Interstate 5 Freeway along the north and south sides of
Cannon Road west of Faraday Avenue and North ofPalomar Airport
Road.
PROJECT DESCRIPTION: The proposed project consists of 1) a Zone Code Amendment
(ZCA09-02) to create 'a new zoning classification, Chapter 21.209 -Cannon Road Agricultural and
Open Space Zone (CR-A/OS) and amend Chapter 21.06-Qualified Development Overlay Zoner to
incorporate a minor site development plan review process; 2) a Zone Change (ZC 09-06) to apply
the new zone to several parcels of land located on the north and south sides of Cannon Road east of
the I-5 Freeway and to remove the CommercialNisitor-Serving Overlay Zone; 3) a Local Coastal
Program Amendment (LCPA 09-05) to implement the Zone Change and Zone Code Amendments,
and to amend sections of the Mello II Local Coastal Program, Agua Hedionda LCP, and Carlsbad
Ranch Specific Plan SP 207(I) for consistency with the provisions of the new zone; and 4) two
amendments to existing Specific Plans (Carlsbad Ranch Specific Plan -SP 207(I) and Specific Plan
144(K)) to ensure that provisions of the Specific Plans are consistent with the provisions of the new
zone. The Cannon Road Agricultural and Open Space Zone is being created in order to implement
the provisions of "Proposition D-Preserve the Flower and Strawberry Fields and Save Taxpayers
Money" (Prop D) approved by the City of Carlsbad voters in November, 2006. Prop D applied to
approximately 300 acres of privately owned lands located east of Interstate 5 along the north and
south sides of Cannon Road including the existing strawberry and flower growing agricultural areas.
Prop D placed a permanent open space designation on the lands. It strongly supported and
encouraged the continuation of agriculture on the lands for as long as it remains economically viable
for the private landowners. When agriculture is no longer economically viable for the landowners,
only other open space uses would be allowed on the lands. Prop D included a provision for the City
to conduct a comprehensive planning process with broad public participation to accomplish full
implementation of the measure and to determine the most appropriate open space, recreational and
public uses for the lands, should farming become no longer economically viable for the landowners.
Prop D went through environmental review in conformance with the California Environmental
Quality Act prior to its approval by the voters and a Negative Declaration was approved and filed
with the County Clerk.
The comprehensive planning process for Prop D included extensive community participation and
input. The community's input served as the foundation for preparing the new Cannon Road
Agricultural and Open Space (CR-A/OS) Zone classification. The focus of this environmental
impact assessment is on the new zoning classification since all the other actions included in the
project are being proposed in order to implement the zone.
The Cannon Road Agricultural and Open Space Zone contains a list of permitted agriculture and
open space uses, guiding principles for establishment of the uses and standards that will apply to
future uses and development proposed in the zone. No physical development is proposed at this
time. The project consists entirely of policy actions that will regulate future development in the area
Item #6 March 14, 2017 Page 180 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAUOPEN SPACE LANDS
in which the zone is applied and amendments to existing land use documents to achieve
consistency. The new zone will apply to approximately 243 acres of land as shown in the location
map. The draft Zone Code Amendments, Zone Change and amendments to existing land use
documents are available at the City of Carlsbad Planning Department, 1635 Faraday Avenue,
Carlsbad, CA 92008.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above
described project pursuant to the Guidelines for Implementation of the California Environmental
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the
environment, and the City of Carlsbad finds as follows:
The proposed project COULD NOT have a significant effect on the environment.
0 The proposed project MAY have "potentially significant impact(s)" on the environment, but
at least one potentially significant impact 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. (Negative
Declaration applies only to the effects that remained to be addressed).
0 Although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (a)
have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or
NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided
or mitigated pursuant to that earlier ENVIRONMENTAL IMP ACT REPORT or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the proposed project. Therefore, nothing further is required.
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is
on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED: [CLICK ·HERE date] , pursuant to
[CLICK HERE Administrative Approval, PC/CC Resolution No., or CC Ordinance No.]
ATTEST:
DONNED
Planning Director
Item #6 March 14, 2017 Page 181 of 240
ENVIRONMENTAL IMPACT ASSESSMENT FORM-INITIAL STUDY
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
DATE: 7/20/2010
BACKGROUND
I. CASE NAME: Prop D -Cannon Road Agricultural/Open Space Lands
2. LEAD AGENCY NAME AND ADDRESS: .::eC~itv.;..__::;_of-'--C:::::a~r""""ls~b"'"'ad::..__ _________ _
3. CONTACT PERSON AND PHONE NUMBER: Barbara Kennedy, Associate Planner
760-602-4626
1 ;7
4. PROJECT LOCATION: East of the Interstate 5 Freeway along the north and south sides of
Cannon Road west of Faraday Avenue and North of Palomar Airport Road
5. PROJECT SPONSOR'S NAME AND ADDRESS: .::,:C:.!_!ity~o.!....f.:::e.C~ar-'-"ls'-"'b~ad"----------
6. GENERAL PLAN DESIGNATION: -"'O:.Jep=en"-S:<.Ip"-"a=ce"'--',...(O""'Se...t.) ____________ _
7. ZONING: ~O~p~en~S~pa~c=e~CO~S~) _________________________________________ __
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): California Coastal Commission
9. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
The proposed project consists of 1) a Zone Code Amendment (ZCA 09-02) to create a new
zoning classification, Chapter 21.209 -Cannon Road Agricultural and Open Space Zone (CR-
A/OS) and to amend Chapter 21.06 -Qualified Development Overlav Zone to incorporate a
minor site development plan review process; 2) a Zone Change (ZC 09-06) to apply the new zone
to several parcels of land located on the north and south sides of Cannon Road east of the f-5
Freeway and to remove the CommercialNisitor-Serving Overlay Zone: 3) a Local Coastal
Program Amendment (LCPA 09-05) to implement the Zone Change and Zone Code Amendments
and to amend sections of the Mello II Local Coastal Program (LCP), Agua Hedionda LCP, and
Carlsbad Ranch Specific Plan SP 207(I) for consistency with the provisions of the new zone: and
4) two amendments to existing Specific Plans (Carlsbad Ranch Specific Plan -SP 207(1) and
Specific Plan 144(K)) to ensure that provisions of the Specific Plans are consistent with the
provisions of the new zone. The Cannon Road Agricultural and Open Space Zone is being
created in order to implement the provisions of "Proposition D-Preserve the Flower and
Strawberry Fields and Save Taxpayers Money" (Prop D) approved by the Citv of Carlsbad voters
in November, 2006. Prop D applied to approximately 300 acres of privately owned lands located
east of Interstate 5 along the north and south sides of Cannon Road including the existing
strawberry and flower growing agricultural areas. Prop D placed a permanent open space
designation on the lands. 1t strongly supported and encouraged the continuation of agriculture on
the lands for as long as it remains economically viable for the private landowners. When
agriculture is no longer economically viable for the landowners, onlv other open space uses
would be al!mved on the lands. Prop D included a provision for the City to conduct a
Item #6 March 14, 2017 Page 182 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
comprehensive planning process with broad public participation to accomplish full
implementation of the measure and to detennine the most appropriate open space, recreational
and public uses for the lands, should fanning become no longer economically viable for the
landowners. Prop D went through environmental review in conformance with the California
Environmental Quality Act prior to its approval by the voters and a Negative Declaration was
approved and filed with the County Clerk.
The comprehensive planning process for Prop D included extensive community participation and
input The community's input served as the foundation for preparing the new Cannon Road
Agricultural and Open Space (CR-A/OS) Zone classification. The focus of this environmental
impact assessment is on the new zoning classification since all the other actions included in the
project are being proposed in order to implement the zone.
I '
The Cannon Road Agricultural and Open Space Zone (attached as Exhibit A to this assessment) '
contains a list of pennitted agriculture and open space uses, guiding principles for establishment
of the uses and standards that will apply to future uses and development proposed in the zone.
No physical development is proposed at this time. The project consists entirely of policy actions
that will regulate future development in the area in which the zone is applied and amendments to
existing land use documents to achieve consistency. The new zone will apply to approximately
243 acres. A map identifying the land area to which the Zone will be applied and the zoning
classification will be changed from Open Space Zone to Cannon Road Agricultural and Open
Space Zone is attached as Exhibit B. The amendments to existing land use documents are
summarized below: '
SUMMARY OF AMENDMENTS
ZCA 09-02 -Zone Code Amendment:
• Creates a new zoning classification, Chapter 21.209-Cannon Road Agricultural and Open Space
Zone (CR-A/OS) (Exhibit A).
• Amends Chapter 21.06 -Qualified Development Overlay Zone to incorporate a minor site
development plan review process.
ZCA 09-06 -Zone Change:
• Applies the new zone to the subject property (see Exhibit B).
• Removes the Commercial Visitor-Serving Overlay Zone.
LCP A 09-05-Local Coastal Program Amendment:
• Implements the Zone Change and Zone Code Amendments listed above into the Local Coastal
Program.
• Amends sections of the Mello II Local Coastal Program (LCP) for consistency with the CR-A/OS
zone.
• Amends sections of the Agua Hedionda LCP for consistency with the CR-A/OS zone.
• Implements the amendments to the Carlsbad Ranch Specific Plan SP 207(I) required for
consistency with the provisions of the new zone.
2 Rev. 03/09/10
Item #6 March 14, 2017 Page 183 of 240
Specific Plan Amendments:
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
• Specific Plan SP 207(1): Amends Planning Area 8 of the Carlsbad Ranch Specific Plan from
Golf Course to Agriculture and Open Space, including related revisions to text and exhibits.
• Specific Plan 144(K): amends the Zoning Map and related text for consistency with the CR-
A/OS zone. SP 144(K) has not been certified by the California Coastal Commission and is not
included in the LCPA amendment.
Copies of the draft documents are available for review at the Carlsbad Planning Department., 1635
Faraday Avenue, Carlsbad, CA 92008 or contact Barbara Kennedy, Associate Planner, at 760.602.4626 or
Barbara.Kennedy@car Is badca.gov.
i '
3 Rev. 03/09110
Item #6 March 14, 2017 Page 184 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
D Aesthetics D Greenhouse Gas Emissions D Population and Housing
D Agricultural and Forestry D Hazards/Hazardous Materials D Public Services
Resources
D Air Quality
D Hydrology/Water Quality D Recreation
D Biological Resources
D Land Use and Planning D Transportation/Traffic
f II
D Cultural Resources
D Mineral Resources D Utilities & Service Systems
D Geology/Soils
0Noise D Mandatory Findings
Significance
of
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ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
DETERMINATION.
(To be completed by the Lead Agency)
0
0
0
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an i ENVIRONMENTAL IMPACT REPORT is required.
I fmd that the proposed project MAY have "potentially significant impact(s)" on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis
as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects
that remain to be addressed.
0 I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION
pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required.
Date 1 I
'7~2/-/0
Planning Director's Signature Date
5 Rev. 03/09/l 0
Item #6 March 14, 2017 Page 186 of 240
ENVIRONMENTAL IMP ACTS
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP l44(K)
PROP D-CANNON ROAD AGRICULTURAUOPEN SPACE LANDS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an
Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the
environment. The Environmental Impact Assessment appears in the following pages in the form of a
checklist. This checklist identifies any physical, biological and human factors that might be impacted by
the proposed project and provides the City with information to use as the basis for deciding whether to
prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved
EIR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by an information source cited in the parentheses following each question. A "No
Impact" answer is adequately supported if the referenced information sources show that t~e ,,
impact simply does not apply to projects like the one involved. A "No Impact" answer should be '
explained when there is no source document to refer to, or it is based on project-specific factors
as well as general standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the potential
impact is not significantly adverse, and the impact does not exceed adopted general standards and
policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than
Significant Impact." The developer must agree to the mitigation, and the City must describe the
mitigation measures, am:l briefly explain how they reduce the effect to a less than significant
leveL
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significantly adverse.
• Based on an "EIA-Initial Study", if a proposed project could have a potentially significant
adverse effect on the environment, but all potentially significant adverse effects (a) have been
analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon the
proposed project, and none of the circumstances requiring a supplement to or supplemental ElR
are present and all the mitigation measures required by the prior.environmental document have
been incorporated into this project, then no additional environmental document is required.
• When "Potentially Significant Impact" is checked the project is not necessarily required to
prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be r-titigated, or a "Statement of Overriding
Considerations" has been made pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the
project or any of its aspects may cause a significant adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an
EIR ifthere are mitigation measures to clearly reduce adverse impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public review. ln this case, the
6 Rev. 03/09/ I 0
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ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP I44(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and
a Mitigated Negative Declaration may be prepared.
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not
limited to the following circumstances: (l) the potentially significant adverse effect has not been
discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does
· not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a
"Statement of Overriding Considerations" for the significant adverse impact has not been made
pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to
less than significant; or ( 4) through the EIA-Initial Study analysis it is not possible to determine
the level of significance for a potentially adverse effect, or determine the effectiveness of a
mitigation measure in reducing a potentially significant effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears after each related set of '
questions. Particular attention should be given to discussing mitigation for impacts, which would
otherwise be determined significant.
7 Rev. 03/09110 7L/
Item #6 March 14, 2017 Page 188 of 240
I.
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP l44(K)
PROP D-CANNON ROAD AGRICUL TURALIOPEN SPACE LANDS
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
AESTHETICS-Would the project:
a) Have a substantial adverse effect on a scenic D D D 0 vista?
b) Substantially damage scenic resources, D D D 0 including but not limited to, trees, rock
outcroppings, and historic buildings within a
State scenic highway? i
c) Substantially degrade the existing visual D D D lSl character or quality of the site and its
surroundings?
d) Create a new source of substantial light and D D D glare, which would adversely affect day or
nighttime views in the area?
a, b, c, d) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. The Cannon
Road Agricultural and Open Space Zone contains development and design standards that will help ensure
that future development in the zone will protect the aesthetic and visual character of the area located in
the zone.
8 Rev. 03/09/l 0
,
l5
Item #6 March 14, 2017 Page 189 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP !44(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
II. AGRICULTURAL AND FORESTRY
RESOURCES -(In determining whether impacts to
agricultural resources are significant environmental
effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment
Model-1997 prepared by the California Department
of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources,
including timberland, are significant environmental
effects, lead agencies may refer to information
compiled by the California Department of Forestry
and Fire Protection regarding the state's inventory of
forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment Project; and forest carbon measurement
methodology provided in Forest Protocols adopted
by the California Air Resources Board.) Would the
project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existi.ng zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
9
Potentially
Significant
Impact
D
D
0
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
0
D
Less Than
Significant No
Impact Impact
D
0
0
0
Rev. 03/09110
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ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
e) Involve other changes in the existing
environment, which, due to their location or
nature, could result in conversion of Farmland to
non-agricultural use or conversion of forest land
to non-forest use?
D 0 0
a, b, c, d, e) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. The Cannon
Road Agricultural and Open Space Zone supports the continuation of agriculture in the zone by
permitting agricultural and supporting uses that enhance the economic viability of agriculture in the zone.
10 Rev. 03/09/l 0 77
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ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207([)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
III. AIR QUALITY (Where available, the
significance criteria established by the applicable air
quality management or air pollution control district
may be relied upon to make the following
determinations.) Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
-b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result m a cumulatively considerable net
increase of any criteria pollutant for which the
project region is in non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative· thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
Potentially
Significant
Impact
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
Less Than
Significant
Impact
D
D
D
D
D
No
Impact
i '
a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area
for ozone (03) and for particulate matter less than or equal to 10 microns in diameter (PM10). The
periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin
(SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the
pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment
planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air
Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG).
A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the
1991 state-mandated plan. This local plan was combined with plans from all other California non-
attainment areas having serious ozone problems and used to create the California State Implementation
Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November
9th through 1 Olh in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approvaL
After considerable analysis and debate, particularly regarding airsheds with the worst smog problems,
EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that
are incorporated into the air quality planning document. These growth assumptions are based on each
l1 Rev. 03/09/l 0
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ZCA 09-02/ZC 09-06/LCPA 09-05/S(> 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
city's and the County's general plan. If a proposed project is consistent with its applicable General Plan,
then the project presumably has been anticipated with the regional air quality planning process. Such
consistency would ensure that the project would not have an adverse regional air quality impact.
Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains
specific reference to the need to evaluate any inconsistencies between the proposed project and the
applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS.
The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal
ambient air quality standards. The California Air Resources Board provides criteria for determining
whether a project conforms with the RAQS which include the following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan? r .1
The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is
being implemented. The project is consistent with the growth assumptions in the regional air quality plan
and will in no way conflict with or obstruct implementation of the regional plan.
b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at
Camp Pendleton. Data available for this monitoring site from 2000 through December, 2004, indicate
that the most recent air quality violations recorded were for the state one hour standard for ozone (a total
of I 0 days during the 5-year period). No other violations of any air quality standards have been recorded
during the 5-year time period. (Add the following text addressing short-term emissions, if there is
grading associated with the project.) The project would involve minimal short-term emissions
associated with grading and construction. Such emissions would be minimized through standard
construction measures such as the use of properly tuned equipment and watering the site for dust control.
Long-term emissions associated with travel to and from the project will be minimal. Although air
pollutant emissions would be associated with the project, they would neither result in the violation of any
air quality standard (comprising only an incremental contribution to overall air basin quality readings),
nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as
less than significant.
c, d, e) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. As noted
above, the proposed project would not result in substantial pollutant emissions or concentrations. In
addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project.
12 Rev. 03/09/10
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PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
IV. BIOLOGICAL RESOURCES-Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by California Department of
Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any
riparian, aquatic or wetland habitat or other
sensitive natural community identified in local
or regional plans, policies, or regulations or by
California Department of Fish and Game or U.S.
Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including but not limited
to marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption,
or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the prOVISIOns of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Potentially
Significant
Impact
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
a, b, c, d, e, f) No impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. A standard
contained in the Cannon Road Agricultural and Open Space Zone prohibits impacts to existing habitat
areas identified in the approved Carlsbad Habitat Management Plan. The standard also encourages the
restoration of disturbed areas of natural habitat.
13 Rev. 03/09110
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v.
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICUL TURALIOPEN SPACE LANDS
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
CULTURAL RESOURCES-Would the project:
a) Cause a substantial adverse change m the D D D significance of a historical resource as defined
in § 15064.5?
b) Cause a substantial adverse change m the D D D ~ significance of an archeological resource i
pursuant to § 15064.5?
c) Directly or indirectly destroy a unique pale D D D ~ ontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those D D D interred outside of formal cemeteries?
a, b, c, d) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. Standards in
the Cannon Road Agricultural and Open Space Zone encourage future development in the zone to
incorporate design elements that reflect the historical and cultural charac.ter of the area located in the
zone.
14 Rev. 03/09/10
•'
'61
Item #6 March 14, 2017 Page 195 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
VI. GEOLOGY AND SOILS-Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
ii. Strong seismic ground shaking?
111. Seismic-related ground failure, including
liquefaction?
IV. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
d) Be located on expansive soils, as defined in
Section 1802.3.2 of the California Building
Code (2007), creating substantial risks to life or
property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
Potentially
Significant
Impact
D
D
D
D
D
D
0
0
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
D
0
0
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
0
D
a, b, c, d, e) No Impact. There is no physical development proposed as pa1t of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone.
15 Rev. 03/09/l 0
Item #6 March 14, 2017 Page 196 of 240
VII.
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICUL TURALIOPEN SPACE LANDS
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
GREENHOUSE GAS EMISSIONS-Would the
project:
a) Generate greenhouse gas em1ss1ons, either D D D [gJ
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict with an applicable plan, policy or D D D [g]t
regulation adopted for the purposes of reducing
the emissions of greenhouse gases?
a, b) No Impact. There is no physical development proposed as part of this project. The project consists
of policy actions to create a new zone classification, apply the classification to the affected area and
amend existing land use documents for consistency with the provisions of the new zone.
16 Rev. 03/09/10
Item #6 March 14, 2017 Page 197 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
VIII. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or environment?
e) For a project within an airport land use plan, or
where such a plan has not been adopted, within
two miles of a public airport or public use
airport, would the project result in a safety
hazard for people residing or working in the
project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
17
Potentially
Significant
Impact
0
0
0
0
0
0
0
0
Potentially
Significant
Unless
Mitigation
Incorporated
0
0
0
0
0
0
D
0
Less Than
Signiticant
Impact
0
0
0
D
0
D
D
D
No
Impact
Rev. 03/09/l 0
Item #6 March 14, 2017 Page 198 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
a, b, c, d, e, f, g, h) No Impact. There is no physical development proposed as part of this project. The
project consists of policy actions to create a new zone classification, apply the classification to the
affected area and amend existing land use documents for consistency with the provisions of the new zone.
The area to which the new zoning classification would be applied is located outside of the flight impact
zone as shown in the McCellan-Palomar Airport Land Use Compatibility Plan.
18 Rev. 03/09/l 0
Item #6 March 14, 2017 Page 199 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAUOPEN SPACE LANDS
IX. HYDROLOGY AND WATER QUALITY -
Would the project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with ground water
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
ground water table level (i.e., the production
rate of pre-existing nearby wells would drop
to a level which would not support existing
land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner, which would result in
substantial erosion or siltation on-or off-site?
d) Substantially alter the existing· drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the flow rate or
amount (volume) of surface runoff m a
manner, which would result in flooding on-or
off-site?
e) Create or contribute runoff water, which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water
quality?
g) Place housing within a 1 00-year flood hazard
area as mapped on a Federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood delineation map?
19
Potentially
Significant
Impact
0
0
0
0
D
D
0
Potentially
Significant
Unless
Mitigation
Incorporated
0
0
Less Than
Significant No
Impact Impact
0
0
D
D
D
D
Rev. 03/09/10
Item #6 March 14, 2017 Page 200 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICUL TURALIOPEN SPACE LANDS
h) Place within 1 00-year flood hazard area
structures, which would impede or redirect
flood flows?
i) Expose people or structures to a significant
risk of loss, InJUry or death involving
flooding, including flooding as a result of the
failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
k) Increase erosion (sediment) into receiving
surface waters.
I) Increase pollutant discharges (e.g., heavy
metals, pathogens, petroleum derivatives,
synthetic organics, nutrients, oxygen-
demanding substances and trash) into
receiving surface waters or other alteration of
recetvmg surface water quality (e.g.
temperature, dissolved oxygen or turbidity?
m) Change receiving water quality (marine, fresh
or wetland waters) during or following
construction?
n) Increase any pollutant to an already impaired
water body as listed on the Clean Water Act
Section 303(d) list?
o) Increase impervious surfaces and associated
runoff?
p) Impact aquatic, wetland, or riparian habitat?
q) Result in the exceedance of applicable surface
or groundwater recetvmg water quality
objectives or degradation of beneficial uses?
D
D
D
D
D
D
D
D
D
D
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
a, b, c, d, e, f, g, h, i, j, k, I, m, n, o, p, q) No Impact. There is no physical development proposed as
part of this project. The project consists of policy actions to create a new zone classification, apply the
classification to the affected area and amend existing land use documents for consistency with the
provisions of the new zone.
20 Rev. 03/09/10 .:g7
Item #6 March 14, 2017 Page 201 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP l44(K)
PROP D-CANNON ROAD AGRJCUL TURAL/OPEN SPACE LANDS
IX. LAND USE AND PLANNING-Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over
the project (including but not limited to the
general plan, specific plan, local coastal program,
or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
Less Than
Significant
Impact
D
D
D
No
Impact
a, b, c) No Impact. The project will result in the creation of a new zoning classification, however, no
physical development in the zone is proposed at this time. In order not to conflict with sections of existing
land use documents including two Specific Plans and the City's Local Coastal Program, actions are also
proposed as part of this project to amend those documents for consistency with the provisions of the new
zone. The new zone also includes a standard that would prohibit impacts to existing areas of natural
habitat identified in the approved Carlsbad Habitat Management Plan.
XI. MINERAL RESOURCES-Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of future value to
the region and the residents of the State?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
Potentially
Significant
Impact
D
D
Potentially
Signiftcant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
D D
D D
a, b) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone.
21 Rev. 03/09/10
Item #6 March 14, 2017 Page 202 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XII. NOISE-Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundboume vibration or
groundbourne noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase in
ambient noise levels m the project vicinity
above levels existing without the project?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within 2 miles of a public airport or public use
airport, would the project expose people
residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working m the project area to
excessive noise levels?
Potentially
Significant
Impact
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
a, b, c, d, e, f) No Impacts. There is no physical development proposed as part of this project. The
project consists of policy actions to create a new zone classification, apply the classification to the
affected area and amend existing land use documents for consistency with the provisions of the new zone.
The area to which the zone would be applied is located outside of the noise impact areas as shown in the
McCellan-Palomar Airport Land Use Compatibility Plan.
22 Rev. 03/09/10 .:.?cj \) t
Item #6 March 14, 2017 Page 203 of 240
XIII.
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
POPULATION AND HOUSING -Would the
project:
a) Induce substantial growth in an area either D D D directly (for example, by proposing new
homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing D D D [2J
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people, D D D necessitating the construction of replacement
housing elsewhere?
a, b, c) No Impact. There is no housing located in the area to which the Cannon Road Agricultural and
Open Space Zone will be applied. The existing Open Space (OS) Zone for the area does not permit
housing and the new zoning classification will not permit residential use.
Rev. 03/09110
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ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
XIV. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision
of new or physically altered government
facilities, a need for new or physically altered
government facilities, the construction of which
could cause significant environmental impacts, i
in order to maintain acceptable service ratios,
response times, or other performance objectives
for any of the public services:
i) Fire protection? D D D ~
ii) Police protection? D D D ~
iii) Schools? D D D ~
iv) Parks? D D D ~
v) Other public facilities? D D D ~
a) No Impact. There is no physical development proposed as part of this project. The project consists
of policy actions to create a new zone classification, apply the classification to the affected area and
amend existing land use documents for consistency with the provisions of the new zone.
24 Rev. 03/09i1 0
'
Item #6 March 14, 2017 Page 205 of 240
XIV.
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICUL TURALIOPEN SPACE LANDS
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
RECREATION
a) Would the project increase the use of existing D D D neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational facilities D D D ~ or require the construction or expansion of
recreational facilities, which might have an
adverse physical effect on the environment?
a, b) No Impact. The Cannon Road Agricultural and Open Space Zone permits a number of
recreational-type uses in the zone, however, none are being proposed at this time. It also requires that any
future development in the zone to provide for interconnecting pedestrian and bicycle trails. There is no
physical development proposed as part of this project. The project consists of policy actions to create a
new zone classification, apply the classification to the affected area and amend existing land use
documents for consistency with the provisions of the new zone.
25 Rev. 03109110
Item #6 March 14, 2017 Page 206 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
XV. TRANSPORTATIONffRAFFIC -Would the
project:
b)
a) Conflict with an applicable plan, ordinance or
policy establishing measures of effectiveness
for the performance of the circulation system,
taking into account all modes of transportation
including mass transit and non-motorized
travel and relevant components of the
circulation system, including but not limited
to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and
mass transit?
Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and travel
demand measures, or other standards
established by the county congestion
management agency for designated roads or
highways?
c) Result m a change in air traffic patterns,
including either an increase in traffic levels or
a change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
Potentially
Significant
Impact
D
D
D
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
D
D
D
a) No Impact. There is no physical development proposed as part of this project. The project consists
of policy actions to create a new zone classification, apply the classification to the affected area and
amend existing land use documents for consistency with the provisions of the new zone. The Cannon
Road Agricultural and Open Space Zone will be applied to an area for which a previous traffic
capacity (ADT) limitation was established. The Zone requires that any future development proposals
in the zone be assessed for compliance with the traffic limitation. Provisions of the Zone also require
26 Rev. 03/09/10
Item #6 March 14, 2017 Page 207 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
future development in the zone to provide for interconnecting pedestrian and bicycle walkways and
trails which will help reduce vehicular traffic within the zone.
b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency
has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one
highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these
designated roads and highway in Carlsbad is:
Rancho Santa Fe Road
El Camino Real
Palomar Airport Road
SR 78
LOS
"A-D"
"A-D"
"A-D"
"F" ; :i
The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or
LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990).
Accordingly, all designated roads and highway 78 is currently operating at or better than the a~:;ceptable
standard LOS.
Achievement ofthe CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the
adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and
implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-
term and at buildout.
c, d, e, f) No Impact. There is no physical development proposed as part of this project. The project
consists of policy actions to create a new zone classification, apply the classification to the affected area
and amend existing land use documents for consistency with the provisions of the new zone. The area to
which the zone will be applied is not located in any airport or noise impact ~reas.
27 Rev. 03/09110
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ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICUL TURALIOPEN SPACE LANDS
XVII. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which would cause significant
environmental effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand m
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local statutes
and regulations related to solid waste?
Potentially
Significant
[mpact
0
0
0
0
0
0
D
Potentially
Significant
Unless
Mitigation
[ncorporated
0
0
0
0
0
0
Less Than
Significant
[mpact
0
0
0
0
0
0
0
No
[mpact
a, b, c, d, e, f, g) No Impact. There is no physical development proposed as part of this project. The
project consists of policy actions to create a new zone classification, apply the classification to the
affected area and amend existing land use documents for consistency with the provisions of the new zone.
28 Rev. 03/09/l 0 L) ~~~ , ·:~""
Item #6 March 14, 2017 Page 209 of 240
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP l44(K)
PROP D-CANNON ROAD .AGRICUL TURALIOPEN SPACE LANDS
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects?)
c) Does the project have environmental effects,
which will cause the substantial adverse
effects on human beings, either directly or
indirectly?
Potentially
Significant
Impact
D
D
D
Potentially
Significant
Unless
Mitigation
Incorporated
D
D
D
Less Than
Significant No
Impact Impact
D
D
D
a, b, c) No Significant Impact. There is no physical development proposed as part of this project that
would directly impact the environment. The project consists of policy actions to create a new zone
classification, apply the classification to the affected area and amend existing land use documents for
consistency with the provisions of the new zone. The actions are being taken to implement Proposition D
which went through previous environmental review before it was approved by the voters. The Cannon
Road Agricultural and Open Space Zone supports the continuation of agriculture in the affected area and
only allows other types of open space use when agriculture is no longer economically viable for the
landowners. The Zone contains guiding principles to ensure that environmental protection is balanced
with social and economic principles in order to create a sustainable area. The Zone also contains
standards to protect existing habitat areas, to require future buildings and structures in the zone to reflect
human scale and the historical and cultural significance of the area and to ensure that traffic impacts
associated with future development in the zone will be adequately addressed and mitigated.
29 Rev. 03/09110
Item #6 March 14, 2017 Page 210 of 240
XVIII. EARLIER ANALYSES
ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063( c )(3)(0). In this case a discussion should identify the following on
attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for
review.
b) Impacts adequately addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by mitigatio,n ,
measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less Than Significant with Mitigation
Incorporated," describe the mitigation measures, which were incorporated or refined from
the earlier document and the extent to which they address site-specific conditions for the
project.
30 Rev. 03/0911 0
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ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(1)/SP 144(K)
PROP D-CANNON ROAD AGRJCULTURALIOPEN SPACE LANDS
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad
Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
I. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR
93-0 1). City of Carlsbad Planning Department. March 1994.
2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994.
3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as
updated.
4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad '
Planning Department, final approval dated November 2004.
5. EIA and Negative Declaration for Proposition D, adopted August 8, 2008 pursuant to City
Council Resolution No. 2006-224.
6. Report on the Comprehensive Planning and Community Engagement Process to Implement
Proposition D for the Cannon Road Agricultural and Open Space Lands, City of Carlsbad
Planning Department, dated September 2008.
EXHIBITS
A. Proposed Cannon Road Agricultural and Open Space Zone
B. Proposed Amendments to Existing Land Use Documents
C. Zone Change Map
31 Rev. 03/09/10
Item #6 March 14, 2017 Page 212 of 240
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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19
20
21
22
23
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28
PLANNING COMMISSION RESOLUTION NO. 7218
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO CARLSBAD MUNICIPAL CODE TITLE 21 (ZONING
ORDINANCE) TO ADD CHAPTER 21.209 CANNON ROAD
AGRICULTURAL/OPEN SPACE ZONE (CR-A/OS), AND RECOMMENDING
APPROVAL OF OTHER RELATED AMENDMENTS TO THE ZONING
ORDINANCE, ZONING MAP, CARLSBAD RANCH SPECIFIC PLAN, AND THE
LOCAL COASTAL PROGRAM.
CASE NAME: PROP D CANNON ROAD AGRICULTURAL/OPEN
SPACE ZONE
CASE NO: ZCA 16-04/ZC 16-02/ SP 207(L}/ LCPA 16-03
Exhibit 4
WHEREAS, to implement Proposition D "Preserve the Flower and Strawberry Fields and Save
Taxpayers Money/' and pursuant to Section 21.52.020 ofthe Carlsbad Municipal Code, Government Code
Section 65453, Public Resources Code Section 30514, and Section 13551 of California Code of Regulations
Title 14, Division 5.5, the City Planner has prepared proposed amendments to the Zoning Ordinance,
Zoning Map, Carlsbad Ranch Specific Plan, and Local Coastal Program Land Use Plan and Implementation
Plan; and
WHEREAS, the proposed amendments to the Zoning Ordinance (ZCA 16-04}, Zoning Map (ZC 16-
02}, Carlsbad Ranch Specific Plan (SP 207(L}}, and Local Coastal Program Implementation Plan (LCPA 16-
03); are set forth in the draft City Council Ordinance, Attachments 2A (ZCA 16-04), 2A-1 (ZC 16-02) and
2A-2 (SP 207(L)), dated January 4, 2017, and attached hereto; and
WHEREAS, the proposed amendment to the Local Coastal Program Land Use Plan (LCPA 16-03) is
set forth in Attachment 2B, dated January 4, 2017, and attached hereto; and
WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning
designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the Planning Commission did on January 4, 2017, hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the Planning Commission considered all factors relating to the
proposed amendments to the Zoning Ordinance (ZCA 16-04), Zoning Map (ZC 16-02}, Carlsbad Ranch
Specific Plan (SP 207(L}}, and Local Coastal Program (LCPA 16-03}; and
WHEREAS, State Coastal Guidelines require a six-week public review period for any amendment
to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
Item #6 March 14, 2017 Page 213 of 240
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A. That the foregoing recitations are true and correct.
B.
c.
At the end of the state-mandated six-week review period, starting on November 4, 2016
and ending on December 16, 2016, staff shall present to the City Council a summary of
the comments received.
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE
ZONE ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03, based on the following findings and
subject to the following conditions:
7 Findings:
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1.
2.
3.
4.
5.
That the proposed amendments to the Zoning Ordinance (ZCA 16-04), Zoning Map (ZC 16-02),
Carlsbad Ranch Specific Plan (SP 207(L)), and Local Coastal Program (LCPA 16-03) are consistent
with the General Plan, specifically:
A.
B.
Land Use & Community Design Element: The Cannon Road Open Space, Farming and
Public Use Corridor goals and policies 2-G.24, 2-G.26 thru 2.G.28, 2-P.62 thru 2-P.65, and
2.P.67.
Open Space, Conservation and Recreation Element goals and policies 4-G.2, 4-G.lO, 4-P.3,
and 4-P.44.
That the proposed zone change (ZC 16-02) from OS Zone to CR-A/OS Zone, as shown on
Attachment 2A-1 attached hereto, is consistent with the existing Open Space (OS) general plan
land use designation on the property because: a) the OS general plan land use designation
designates areas for natural resource protection, production of resources (e.g., agriculture),
recreation (e.g., parks, trails, golf courses) and b) the CR-A/OS zone implements the OS general
plan land use designation by permitting uses that are consistent with the OS land use designation
(e.g., agricultural uses, recreation uses) and requiring that uses and development in the zone
protect natural resources consistent with the city's habitat management plan and local coastal
program.
That the proposed amendments to the Zoning Ordinance (ZCA 16-04), Zoning Map (ZC 16-02),
Carlsbad Ranch Specific Plan (SP 207(L)), and Local Coastal Program (LCPA 16-03) are not
detrimental to the public interest, health, safety, convenience or general welfare, and are
consistent with sound planning principles in that the amendments implement Proposition D
"Preserve the Flower and Strawberry Fields and Save Taxpayers Money" and implement the
General Plan policies for the Cannon Road Open Space, Farming and Public Use Corridor, which
encourage continued agriculture within the corridor and allow for publicly accessible open space
uses. The agricultural and open space uses allowed by the proposed zone change are compatible
with the adjacent and future agricultural, open space and other uses in the area.
That the proposed Local Coastal Program Amendment (LCPA 16-03) is consistent with the policies
of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program,
in that LCPA 16-03 promotes continued agricultural uses and public access to recreation and views
of the ocean and scenic coastal areas. Future development may be subject to discretionary review
and a coastal development permit to ensure consistency with Local Coastal Program policies and
the Coastal Act.
That the proposed amendment to the Local Coastal Program (LCPA 16-03) is required to maintain
consistency with the Zoning Ordinance.
PC RESO NO. 7218 -2-
Item #6 March 14, 2017 Page 214 of 240
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on January 4, 2017, by the following vote, to wit:
AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux,
Montgomery and Siekmann
NOES:
ABSENT:
ABSTAIN:
11 JEFF SEGAll, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
~yt
DON NEU
City Planner
PC RESO NO. 7218 -3-
Item #6 March 14, 2017 Page 215 of 240
Attachment 28
LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT (LCPA 16-03)
The following changes are proposed to the City of Carlsbad Local Coastal Program (LCP) Land Use
Plan (Mello II segment) to implement the Cannon Road Agricultural/Open Space (CR-A/OS) Zone
(ZCA 16-04):
Policy 2-2(b) of the Carlsbad Local Coastal Program (Mello II segment) is amended to add the
following after item (b)(26):
(27) The approximately 72.07 acres contained in areas 3 and 5 as shown on Exhibit 4.3 shall
be used for agriculture or open space subject to the provisions of Carlsbad Municipal Code
Chapter 21.209-Cannon Road Agricultural/Open Space (CR-A/OS) Zone.
Exhibit 4.3 of the Carlsbad Local Coastal Program (Mello II Segment) is amended as shown on the
following page.
Item #6 March 14, 2017 Page 216 of 240
Lfllul Ure -/Hello 11
Exhibit 4.J Agricullur<tl Lrmds
DEVELOPMENT SUMMARY
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Item #6 March 14, 2017 Page 217 of 240
Legend Attachment 4
c:J Cannon Road Agricultural Open Space Zone (CR-A/OS)
Item #6 March 14, 2017 Page 218 of 240
Attachment 5
Zoning Ordinance Amendment (ZCA 16-04)
Chapter 21.209 CR-A/OS Cannon Road Agricultural/Open Space Zone
The following shows the changes proposed (ZCA 16-04) to the version of Chapter 21.209 that was
approved by City Council in 2011 (ZCA 09-02).
21.209.010
. 21.209.020
21.209.030
21.209.040
21.209.050
21.209.060
21.209.070
21.209.080
21.209.090
Chapter 21.209
CR-A/OS CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE
Intent and purpose.
Definitions •
Guiding principles for permitted uses.
Permitted primary and secondary uses.
Conditional use permit requirement.
Site development plan requirement.
Pre-submittal community input process.
Development and design standards.
Severability.
Intent and purpose. 21.209.010
A. The intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/05) zone is
to:
1. Implement Proposition D, the "Preserve the Flower and Strawberry Fields and Save
Taxpayers Money" proposition enacted by the voters of Carlsbad in November 2006.
2. Promote and support the continuation of agriculture in the zone for as long as the
landowners determine that it is economically viable to do so;
3. Protect, encourage, and enhance public uses, public access, public views/vantage points,
and community gathering places;
4. Ensure that all uses in the zone address traffic, circulation and transportation impacts;
5. Provide for agricultural and other active, passive, and cultural open space uses in the zone
that provide economic benefit to the landowners as set forth in Table A of this chapter;
6. Create a sustainable area, which means an area that contains agricultural and open space
uses that balance social, economic, and environmental values important to the community;
7. Provide for community input on the design of proposed development and uses;
8. Protect areas of existing natural habitat in conformance with the city's habitat
management plan and local coastal program; and
9. Implement the goals and objectives of the general plan. In particular, the goals and
objectives related to the Cannon Road Open Space, Farming and Public use Corridor.
21.209.020 Definitions.
A. Whenever the following terms are used in this chapter, they shall have the following
meaning established by this section:
1. "Primary use" means a use that is not required to be developed in conjunction with or on
the same site, lot, or parcel of land as another permitted and/or secondary use.
2. "Secondary use" means a use that is permitted only if developed in conjunction with
and/or in support of at least one primary use.
1
Item #6 March 14, 2017 Page 219 of 240
21.209.030 __ Guiding principles.
A. The following principles, as set forth below, are intended to guide the planning of
development and establishment of uses in the zone to create a sustainable area that balances social,
economic and environmental values that are important to the community. All proposed development,
uses, or grouping of uses shall be reviewed for conformance with the applicable guiding principles.
1. Social principles.
a. Encourage open space uses that have a strong community orientation and that provide
maximum opportunities for people to gather, interact, and socialize.
b. Create an area that is unique, vibrant and exciting by providing a diversity of open space
uses.
c. Integrate art, culture and history into the agricultural and open space uses permitted in
the zone.
2. Economic principles.
a. Recognize that the zone consists of privately owned lands and that community desires for
certain open space uses depend on economic feasibility and benefit to the property owners.
b. Support uses that economically benefit the continuation of agriculture in the zone,
including organic farming, community farming, and other innovative or mixed-use agricultural operations.
3. Environmental principles.
a. Balance natural open space uses with improved or developed open spacepublic uses.
b. Protect and preserve existing natural habitats and encourage the restoration of disturbed
areas of habitat.
c. S1:1pport p1:1blic access to and along the so1:1th shore of the /\g~::~a l=ledionda Lagoon at
locations that avoid and/or minimize impacts to nat1:1ral habitat.
Sf. Provide safe walking and biking through trails and pathways that interconnect uses and
sites in the zone and surrounding area, which maximize public access to, and preserve and enhance, ocean
and lagoon views.
21.209.040 Permitted primary and secondary uses.
A. In the CR-A/OS zone, notwithstanding any other provisions of this title, only the uses listed
in Table A, below, shall be permitted.
B. Uses similar to those listed in Table A may be permitted if the Planning DirectorCity
Planner determines such similar use falls within the intent and purpose of this zone.
C. Other uses that are not listed in Table A, and which cannot be found to be similar to those
uses listed in Table A, may be recommended for approval as a permitted use to the Planning Commission
provided that the Planning DirectorCity Planner ascertains all pertinent facts and the Planning
Commission, by resolution of record, sets forth its findings and its interpretations that the use is
substantially consistent with the intent and purpose and guiding principles (Sections 21.209.010 and
21.209.030) of this zone. Such Planning Commission resolution shall be forwarded to the City Council as a
recommendation and, if approved by resolution of the City Council, thereafter such interpretation shall
govern. An LCP amendment may be required for any change or addition to permitted uses.
D. The establishment and continuation of agricultural uses in the zone is encouraged for as
long as the land owners determine that it is economically viable. When agriculture is no longer
economically viable for the landowners, only the other open space uses listed in Table A shall be
permitted.
2
Item #6 March 14, 2017 Page 220 of 240
Table A
-Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal
code:
"P" indicates that the use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit.
-1 =Administrative hearing process,
-2 Planning Commission process. -
Agricultural Uses
Primary Agricultural Uses
Agricultural crop production (wholesale)
(including floriculture and horticulture, and structures necessary for
production, maintenance, harvesting, storage and distribution functions
associated with directly supporting the on-site primary agricultural crop
production use)
Agricultural-related educational, research and development facilities
Community farming
(example: individual citizens or community groups growing agricultural
crops)
Energy transmission and distribution facilities, including but not limited to
rights-of-way and pressure control or booster stations, substations, gas
metering/regulating stations or operating centers for gasoline,
electricity, natural gas, synthetic natural gas, oil or other forms of energy
sources, with the necessary accessory equipment incidental thereto
Farmers market (sale of primarily agricultural products)
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
Floral trade center (wholesale or retail)
Greenhouses
Plant nurseries and supplies (retail)
Tree and seed growing farms
Utility buildings/facilities that are built, operated, or maintained by a public
utility to the extent that they are regulated by the California Public
Utilities Commission
Vineyards and wineries
Secondary Agricultural Uses
Agricultural distribution facilities
Other accessory or related uses that promote the continuation of a
primary permitted agricultural use, as determined by the Planning
QiFeeteFCity: Planner
Public/private events and activities (permanent or temporary) related to
promoting a primary permitted agricultural use (examples:
demonstrations, seasonal sales/temporary sales, special events, tours)
(see note 1 below)
Retail sales of agricultural crops and related products limited to a
cumulative area of 1,000 square feet or less
p CUP
X
1
X
X
1
X
2
X
1
X
X
X
... CUP
2
1
X
X
3
Item #6 March 14, 2017 Page 221 of 240
(examples: on-premise sale of crops to the public, produce store, "you
pick" operations, sale of products made from crops)
Retail sales of agricultural crops and related products with a cumulative
area of more than 1,000 square feet 1
(examples: on-premise sale of crops to the public, produce store, "you
pick" operations, sale of products made from crops)
Open Space Uses
Primary Open Space Uses p CUP
Amphitheater 2
A • > rEjl::laFII::Iffi '* ,A,A; gallept '* Civic and public gathering spaces
(examples: art display, gazebos, public plazas, sitting areas, water X
features, wedding areas)
Gemm1::1nit•1• learning center
(excluding "ed1::1catienal instit1::1tien er scheel" as defined in Section '* ~:l.Q<U:qQ}
Community meeting center 1
<;;~::~ltl:lral center '* Dog park 1
Energy transmission and distribution facilities, including but not limited to
rights-of-way and pressure control or booster stations, substations, gas X
metering/regulating stations or operating centers for gasoline,
electricity, natural gas, synthetic natural gas, oil or other forms of energy
sources, with the necessary accessory equipment incidental thereto
Gardens (public or private) 1
(examples: botanical, rose, tea, and meditation gardens)
Habitat preserves and natural areas X
Historic center 1
Agricultural or natural historv related museum 1
Parks (public or private) 1
Perfarming arts center * Picnic areas 1
Sports or recreation center
(public or FJFivate} {indaer er outdoor) 2
(examples: athletic courts and fields, bey'S and girls cl1:1b, lawn bowling,
swimming pools, tennis courts )
Trails
{examples: bicycle, exercise, equestrian, nature, X
pedestrian)
Utility buildings/facilities that are built, operated, or maintained by a public
utility to the extent that they are regulated by the California Public X
Utilities Commission
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Item #6 March 14, 2017 Page 222 of 240
Secondary Open Space Uses p CUP
Food service, including restaurants and cafes, limited to a cumulative area X
of 500 square feet or less
Food service, including restaurants and cafes with a cumulative area of 1
more than 500 square feet
Other accessory or related uses that promote the continuation of a 1
primary permitted open space use
Public/private events and activities
(permanent or temporary) related to promoting a primary permitted X
open space use
(examples: demonstrations, seasonal sales/temporary sales, special
events, tours) (see note 1 below)
Retail sales of goods and products, related to a primary X
permitted open space use, limited to a cumulative area of 500 square
feet or less
Retail sales of goods and products, related to a primary ±.f.
permitted open space use, with a cumulative area of more than 500
square feet
Notes:
1. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property
and/or Temporary Sales Location permits as appropriate.
21.209.050 Conditional use permit requirement.
A. Decision-making process. The conditionally permitted primary and secondary uses, as
indicated in Table A, shall be processed in accordance with the applicable provisions of Chapter 21.42
(Minor Conditional Use Permits and Conditional Use Permits) of this title and the requisite findings
therein.
B. Finding of fact. In addition to the findings for approving a minor conditional use permit
or a conditional use permit as set out in Chapter 21.42, a finding shall be made that:
1. The proposed use or grouping of uses implements the intent and purpose of the Cannon
Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.010 of this chapter.
2. The proposed use or grouping of uses conforms to the applicable guiding principles
contained in Section 21.209.030 of this chapter.
3. The proposed development complies with the applicable development and design
standards contained in Section 21.209.080 of this chapter.
4. Feasible and appropriate public art, public access, and civic and public gathering space
elements have been incorporated into the design of the proposed development.
21.209.060 Site development plan requirement.
A. A site development plan shaH be required for development in the zone as noted below.
1. Exemptions. The following types of development are exempt from the requirement for a
minor site development plan or site development plan:
a. Structures associated with primary or secondary agricultural uses which include:
i. Structures containing a cumulative area of 2,000 square feet or less.
ii. Greenhouses or plant protection (shade, wind, etc.) structures containing a cumulative
area of 10,000 square feet or less.
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Item #6 March 14, 2017 Page 223 of 240
111. Temporary or seasonal plant protection (shade, wind, etc.) structures. Temporary or
seasonal as used herein shall mean a structure that is in place for no more than 180 days in any 12 month
period.
iv. Open shade structures (gazebo, trellis, patio cover, etc.) containing a cumulative area of
1,000 square feet or less.
b. Structures associated with primary or secondary open space uses which include:
i. Structures containing a cumulative area of 1,000 square feet or less.
ii. Open shade structures containing a cumulative area of 1,000 square feet or less.
2. Minor Site Development Plan. A minor site development plan shall be required for the
following:
a.
i.
square feet.
Structures associated with primary or secondary agricultural uses which include:
Structures containing a cumulative area of more than 2,000 square feet and up to 10,000
ii. Greenhouses or plant protection structures containing a cumulative area of more than
10,000 square feet and up to 50,000 square feet.
b. Structures associated with primary or secondary open space uses which include:
i. Structures containing a cumulative area of more than 1,000 square feet and up to 5,000
square feet.
ii. Open shade structures containing a cumulative area of more than 1,000 square feet and
up to 5,000 square feet.
3. Site Development Plan. A site development plan shall be required for, but not limited to,
the following:
a.
i.
Structures associated with primary or secondary agricultural uses which include:
Structures containing a cumulative area of more than 10,000 square feet.
ii. Greenhouses or shade structures containing a cumulative area of more than 50,000
square feet.
b.
i.
ii.
Structures associated with primary or secondary open space uses which include:
Structures containing a cumulative area of more than 5,000 square feet.
Open shade structures containing a cumulative area of more than 5,000 square feet.
B. Decision-making process.
1. A minor site development plan shall be processed in accordance with the applicable
provisions of Section 21.209.060(() and Chapter 21.06 (Q-Qualified Development Overlay Zone) of this
title, including the requisite findings therein. The PlaRRiRg DirectorCity Planner shall be the decision
maker for a minor site development plan required by this chapter.
2. A site development plan shall be processed in accordance with the applicable provisions
of Section 21.209.060(() and Chapter 21.06 {Q-Qualified Development Overlay Zone) of this title,
including the requisite findings therein. The Planning Commission shall be the decision maker for a site
development plan required by this chapter.
C. Findings of fact. In addition to the findings for approving a minor site development plan
or site development plan as set out in Chapter 21.06, findings shall be made that:
1. The proposed development implements the intent and purpose of the Cannon Road
Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.010 of this chapter.
2. The proposed development conforms to the applicable guiding principles contained in
Section 21.209.030 of this chapter.
3. The proposed development complies with the applicable development and design
standards contained in Section 21.209.080 of this chapter.
4. Feasible and appropriate public art, public access, and civic and public gathering space
elements have been incorporated into the design of the proposed development.
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Item #6 March 14, 2017 Page 224 of 240
21.209.070 Pre-submittal community input process.
A. Prior to the submittal of a minor site development plan, site development plan, minor
conditional use permit, and/or conditional use permit application for a proposed development, uses, or
grouping of uses, the applicant shall submit to the Planning DirectorCity Planner a proposed strategy for
allowing the community to provide pre-submittal input on the proposed development, uses, or grouping
of uses.
B. The strategy shall include at least one publicly noticed community workshop or similar
event.
C. The public outreach must be completed prior to submitting a formal application.
D. The application submittal shall be accompanied by a written description of the outcome
of the community input strategy, description of public noticing, and any features of the proposed
development, uses, or grouping of uses that have resulted from the community input.
21.209.080 Development and design standards.
A. Lot Coverage.
1. Lot coverage shall not exceed SO% of the lot.
B. Lot Area, minimum
1. There shall be no minimum lot area established for the CR-A/05 zone district. The size of
the lot shall be dependent upon the existing or proposed use.
C. Building Design.
1. The design of all buildings in a proposed development shall reflect a human scale
(proportionate and attention to details) in terms of the size, bulk and massing of structures.
D. Building Height.
L No building or structure shall exceed twenty-five feet in height unless a higher building
height is authorized through a minor site development plan or site development plan approval. Additional
building height authorized through a minor site development plan or site development plan approval shall
not exceed a maximum of thirty-five feet.
2. In approving the increased building height, the decision maker shall determine that the
buildings or structures require an increased height in order to provide the function needed for the
development, use, or grouping of uses that the building is intended to serve.
E. Habitat Preservation.
1. Consistent with guiding principle 21.209.030.A.3.b contained in this chapter, proposed
development shall be consistent with the city's habitat management plan and shall conform to the
applicable provisions of Chapter 21.210 and the local coastal program. Restoration of disturbed habitat
shall be encouraged for proposed development located adjacent to existing preserve areas.
F. Parking Requirements.
1. Off-street parking requirements for proposed uses in the zone shall be governed by
Chapter 21.44 of this title.
2. Where a parking requirement for a use permitted in the zone is not specifically identified
in Chapter 21.44, the Planning DireetorCity Planner shall determine which use identified in Chapter 21.44
is the most similar to the use being proposed in the zone and that parking requirement shall apply.
3. As an alternative, a parking study may be submitted by the applicant for a proposed
development, use, or group of uses in the zone for review by the Planning DirectorCity Planner in order
to determine an appropriate parking requirement.
G. Public Art.
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Item #6 March 14, 2017 Page 225 of 240
1. Any development proposal that requires a minor site development plan or a site
development plan, and/or a minor conditional use permit or conditional use permit shall incorporate
feasible and appropriate public art elements into the design of the proposed development.
2. Art elements may include, but are not limited to, art features on building facades,
freestanding sculptures or structures, and mosaics or paintings on public furniture (i.e. benches, fountains,
gazebos).
3. Art elements are encouraged to reflect the cultural, historical and agricultural significance
and heritage of the zone.
H. Public Access.
1. Any development proposal that requires a minor site development plan or a site
development plan, and/or a minor conditional use permit or conditional use permit shall incorporate
feasible and appropriate public access elements for walking and bicycling that interconnect uses and sites
in and through the zone.
2. Public access elements shall connect to the City's proposed public trails as established in
the City of Carlsbad Trails Master Plan or the Carlsbad Ranch Specific Plan; implementation of these public
trail elements shall be completed concurrent with adjacent proposed development.
I. Public Views
1. Development shall be sited and designed to preserve all significant public view corridors
and vantage points as established within the Carlsbad Ranch Specific Plan. All development proposals
adjacent to identified view corridors and vantage points shall include adequate setbacks and buffering.
t:J_. __ Civic and Public Gathering Places.
1. Any development proposal that requires a minor site development plan or a site
development plan, and/or a minor conditional use permit or conditional use permit shall incorporate
feasible and appropriate civic and public gathering place elements into the design of the proposed
development. Civic gathering places may include, but are not limited to, such things as art display areas,
gazebos, public plazas, sitting areas, water features, and wedding areas.
J.:._K. __ Signs.
1. Except as otherwise provided in this section, signs shall be permitted in the zone
according to the provisions of Chapter 21.41 of this title.
2. The design of all permitted signs in the zone is encouraged to reflect aspects of the
cultural, historical, and agricultural significance and heritage of the zone.
3. Temporary or seasonal signs shall be permitted on a project site for primary and
secondary agricultural uses as allowed in Section 21.209.040 of this chapter, subject to the approval of a
sign permit consistent with Section 21.41.050 of this title. The total sign area allowable for temporary or
seasonal signs shall be limited to a maximum of 160 square feet per project site and a maximum of 32
square feet per individual sign.
and Circulation.
1. A traffic and circulation study shall be submitted, pursuant to the City's circulation impact
analysis thresholds, in conjunction with all proposals for new development, uses, or grouping of uses in
the zone that require a minor site development plan, site development plan, minor conditional use permit,
or conditional use permit, except for the establishment or expansion of agricultural crop production. The
study shall analyze how the proposal affects previously-approved traffic (ADT) projections for the local
facilities management zone in which the proposal is located. If the study shows that previous projections
are being exceeded as a result of proposed development, uses, or grouping of uses, the study shall identify
traffic and circulation improvements that must be constructed to accommodate additional traffic in the
zone.
2. The requirement for a traffic and circulation study may be waived at the discretion of the
City Engineer and Planning DirectorCity Planner.
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Item #6 March 14, 2017 Page 226 of 240
21.209.090 Severability.
A. If any section, subsection, sentence, clause, phrase or part of this chapter is for any reason
found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this chapter, which shall be in full force and effect. The city council
hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause,
phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases or parts be declared invalid or unconstitutional.
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