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HomeMy WebLinkAbout2017-01-04; Planning Commission; ; ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: January 4, 2017 Project Planner: Carl Stiehl Project Engineer: N/A SUBJECT: ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE — A request for a recommendation of 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. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7217 RECOMMENDING APPROVAL of an Addendum to the Negative Declaration for previously approved “PROP D – CANNON ROAD AGRICULTURAL/OPEN SPACE LANDS ZCA 09-02/ZC 09-06/SP 207(I)/SP 144(K)/LCPA 09-05,” and Resolution No. 7218 RECOMMENDING APPROVAL of PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE ZCA 16-04, ZC 16-02, SP 207(L), and LCPA 16-03, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND A. Project Description The project is city-initiated and consists of the following components: TABLE A – PROJECT DESCRIPTION Project Component Description Attachment Zoning Ordinance Amendment (ZCA 16-04)  Add Zoning Ordinance Chapter 21.209 – CR-A/OS Cannon Road Agricultural/Open Space Zone  Amend Zoning Ordinance Chapter 21.06 – Q Qualified Development Overlay Zone to implement the site development plan requirements of the new CR-A/OS Zone See Attachment 2A Zone Change (ZC 16-02) Amend the Zoning Map to apply the CR-A/OS Zone to lands that are located south of Cannon Road, east of Car Country Drive, and are subject to Proposition D. A description of the sites proposed to be zoned CR-A/OS is provided below. 2A-1 Carlsbad Ranch Specific Plan Amendment (SP 207(L))  Various amendments to implement and ensure consistency with the CR-A/OS zone and General Plan  Add new policies that require two new trails in Planning Area 8A 2A-2 1 ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE January 4, 2017 Page 2 TABLE A – PROJECT DESCRIPTION Project Component Description Attachment Local Coastal Program Amendment (LCPA 16-03) LCP Land Use Plan Amendment  Mello II segment – amend Exhibit 4.3 and add a policy to reference the new CR-A/OS - Cannon Road Agricultural/Open Space Zone 2B LCP Implementation Plan Amendment  The Zoning Ordinance, Zoning Map and Carlsbad Ranch Specific Plan are components of the LCP Implementation Plan; therefore, the proposed amendments to those documents also constitute an amendment to the LCP Implementation Plan. 2A, 2A-1 and 2A-2 The new CR-A/OS Zone is proposed to be applied to two sites, as described below and shown in Attachment 2A-1. 1. The first site is 45.6 acres in size and is located southeast of Cannon Road and Car Country Drive; the site is north of the Flower Fields with street frontage along the south side of Cannon Road and the east side of Car Country Drive. Carlsbad Ranch Company LP owns the property. The site is often confused with being part of the official Flower Fields because the property owner also grows flowers on the site. There is no requirement to use this site for growing flowers or any other agricultural purposes. The site is part of the Carlsbad Ranch Specific Plan (SP 207), which currently allows the site to be used for agricultural uses or as a golf course (the provision to allow a golf course is proposed to be eliminated and replaced with the use regulations of the CR-A/OS Zone). 2. The second site is 26.4 acres in size and is located to the east of the first site with frontage along the south side of Cannon Road and the east side of Legoland Drive. The site is owned by the Charles Company. Like the first site, this site is part of the Carlsbad Ranch Specific Plan (SP 207) and is often used for agriculture purposes; however, there is no restriction to maintain it in agricultural use. SP 207 allows the site to be used for agricultural uses or as a golf course (the provision to allow a golf course is proposed to be eliminated and replaced with the use regulations of the CR-A/OS Zone). B. Background A previous version of the proposed amendments (ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207I/SP144K) was approved by the City Council in 2011; however, the council’s approval did not become effective because the Coastal Commission did not act on the associated amendment to the Local Coastal Program (LCPA 09- 05). The following is a brief description of the past related actions; Attachment 3 provides a more detailed timeline of events and actions related to this project. On May 24, 2011, the City Council approved the CR-A/OS – Cannon Road Agricultural/Open Space Zone (Zoning Ordinance Chapter 21.209) and other related amendments to the Zoning Ordinance, Zoning Map, Local Coastal Program, and the Encina and Carlsbad Ranch Specific Plans. The CR-A/OS Zone was created to implement Proposition D “Preserve the Flower and Strawberry Fields and Save Taxpayers Money” (approved by voters in November 2006); see Attachment 4 for a map of the lands subject to Proposition D. ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE January 4, 2017 Page 3 In August 2011, LCPA 09-05 (which consisted of amendments to the Zoning Ordinance, Zoning Map, SP 207, SP 144, and LCP land use plan) was submitted to the California Coastal Commission for review. In 2012, the Coastal Commission staff informed the city that the amendments could not be approved as proposed (see the analysis section of this report and Attachment 3 for a description of the issues raised by Coastal Commission staff). On September 26, 2012, the city withdrew LCPA 09-05 to work with Coastal Commission staff on resolving their concerns. This proposal is a revised version of the amendments approved by the City Council in 2011. The proposed revisions are the result of numerous meetings, discussion, and additional analysis between city staff and Coastal Commission staff, and meetings with an affected property owner. More than four years have passed since the City Council’s approval of LCPA 09-05 and therefore, pursuant to Section 30503 of the Coastal Act, it is necessary to bring the revised amendments back for a recommendation from the Planning Commission and approval from the City Council. The proposed revised amendments described in this report represent what city staff and Coastal Commission staff have agreed to support. III. ANALYSIS The following analysis describes the changes that have been made to the amendments approved in 2011 (ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP144K) and provides an evaluation of those changes. This report does not analyze the components of the proposed amendments that remain the same as those approved by the City Council in 2011. A. Summary and Analysis of Changes to the 2011 Amendments: The following describes the proposed changes to the amendments approved by the City Council in 2011: TABLE B – ZONING ORDINANCE AMENDMENT* Proposed Revisions to 2011 City Council Approved CR-A/OS Zone Zoning Ordinance Chapter 21.209 Reason for Proposed Revision 1 Section 21.209.010 – Intent and Purpose: The 2011 version of this section states that the intent of the zone is to encourage public uses, access and community gathering places; the proposed revision will clarify that the intent is also to “protect” and “enhance” public uses, access, gathering, as well as public views. This proposed revision provides consistency with requirements of the Coastal Act related to protection of public access to recreational opportunities and public views of the ocean and scenic coastal areas. 2 Section 21.209.030 – Guiding Principles: The 2011 version of this section states that a principle of the zone is to support uses that economically benefit the continuation of agriculture, including organic farming; the proposed revision adds “community farming”, and other types of “mixed-use agricultural operations” as examples of uses to support. This proposed revision provides additional guidance on the types of agricultural uses the city should support within the CR-A/OS Zone to encourage the continuation of agriculture. ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE January 4, 2017 Page 4 3 Section 21.209.030 – Guiding Principles: The 2011 version of this section states that a principle of the zone is to support public access to and along the south shore of the Agua Hedionda Lagoon; the proposed revision is to remove this principle. See Table C, below. 4 Section 21.209.030 – Guiding Principles: The 2011 version of this section states that a principle of the zone is to provide safe walking and biking trails/pathways that connect uses and sites in the zone; the proposed revision adds language to specify that the trails and pathways should also connect uses and sites to the surrounding area to maximize public access, and preserve and enhance ocean and lagoon views. The proposed revision provides consistency with Coastal Act requirements related to protection of public access to recreational opportunities and public views of the ocean and scenic coastal areas. 5 Section 21.209.040 – Permitted Primary and Secondary Uses: The 2011 version of this section states that uses not listed as permitted in the zone may be allowed if the City Council determines the use is substantially consistent with the intent of the zone. The proposed revision clarifies that an LCP amendment may be required for any change or addition to permitted uses in the zone. The proposed change clarifies that such a determination may require an amendment to the LCP. This is not a new requirement, but a statement to clarify the city’s existing process; the revision also ensures consistency with the Coastal Act requirements for LCP amendments. 6 Table A of Section 21.209.040 – Permitted Primary and Secondary Uses: The 2011 version of this section provided a list of permitted and conditionally permitted uses in the zone; the proposed revision removes the following uses from the list of permitted and conditionally permitted “primary open space uses”:  Aquarium  Art Gallery  Community Learning Center  Cultural Center  Performing Arts Center  Private and/or Indoor Sports or recreation center [Public and outdoor sports or recreation center is proposed to be an allowed use] Coastal Commission staff recommends that these uses should not be considered “open space” uses; these uses typically occur within a building and may not promote Coastal Act policies related to public access to recreational opportunities. 7 Table A of Section 21.209.040 – Permitted Primary and Secondary Uses: The 2011 version of this section listed “museum” as a conditionally permitted use in the zone; the Coastal Commission staff recommends that a museum would be an acceptable use in the CR-A/OS zone only if it is related to agriculture or natural history, which are ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE January 4, 2017 Page 5 proposed revision specifies that a museum is a conditionally permitted use if it is an “agricultural or natural history related museum.” uses/resources that the Coastal Act protects. 8 Table A of Section 21.209.040 – Permitted Primary and Secondary Uses: The 2011 version of this section required administrative (City Planner) approval of a minor conditional use permit for “retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet.” The proposed revision is to require Planning Commission approval of a conditional use permit for the use. Coastal Commission staff recommends that retail uses greater than 500 square feet in size should be subject to Planning Commission review and approval, in order to provide additional evaluation of the use and its relationship to a primary open space use. 9 Section 21.209.080 – Development and Design Standards: The 2011 version of this section specifies that the maximum building height in the zone is 25 feet, unless additional height is approved through a minor site development plan or site development plan (SDP) [depending on the size of proposed structures, either a minor SDP or SDP is required]. The proposed revision is to specify that additional building height authorized through a minor SDP or SDP shall not exceed a maximum of 35 feet. The proposed height limit will assist in protecting public views of the ocean and scenic coastal areas, consistent with Coastal Act policies. 10 Section 21.209.080 – Development and Design Standards: The 2011 version of this section requires development to include “public access elements for walking and bicycling that interconnect uses and sites in the zone.” The proposed revisions specify that public access elements shall connect to the city’s public trails as established in the city’s Trails Master Plan or Carlsbad Ranch Specific Plan; and implementation of the trails must be completed concurrent with the proposed development. The proposed revisions provide additional requirements for trail connections, which is consistent with Coastal Act policies related to public access to recreational opportunities. 11 Section 21.209.080 – Development and Design Standards: The 2011 version of this section does not include a standard to protect public views. The proposed revisions specify that development in the zone shall be designed to preserve significant public view corridors and vantage points that are identified in the Carlsbad Ranch Specific Plan. The proposed revision ensures that future development in the CR-A/OS zone is consistent with Coastal Act policies related to protection of public views of the ocean and scenic coastal areas. *Attachment 5 shows Chapter 21.209 as it was approved in 2011 with the proposed changes in strike- out/underline format. ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE January 4, 2017 Page 6 TABLE C – REVISED ZONE CHANGE REMOVAL OF LOCAL COASTAL PROGRAM (LCP) AGUA HEDIONDA LAND USE PLAN AMENDMENT REMOVAL OF ENCINA SPECIFIC PLAN AMENDMENT Proposed Revisions to 2011 City Council Approved Amendments Reason for Proposed Revision 1 The amendments approved by City Council in 2011 included applying the new CR- A/OS Zone (ZC 09-06) to parcels of land that are subject to Proposition D, both north and south of Cannon Road (see Attachment 4). The proposed revised Zone Change will apply the CR-A/OS Zone only to land south of Cannon Road (see Attachment 2A-1 for a map of Zone Change ZC 16-02). Coastal Commission staff does not support applying the CR-A/OS zone to land north of Cannon Road for the following reason: The parcels north of Cannon Road are located in an area where the Coastal Commission has not certified a LCP Implementation Plan (zoning) – areas with no certified LCP zoning are referred to as “deferred certification” areas. Within deferred certification areas, there is technically no LCP zoning applicable to the area, and therefore, there is no LCP zoning that can be amended (i.e., the CR-A/OS zone cannot be applied to the project area north of Cannon Road). Since the CR-A/OS zone cannot be applied north of Cannon Road, it is also recommended that the LCP Agua Hedionda Lagoon Land Use Plan not be amended at this time. The Encina Specific Plan (SP 144) has been deleted as part of the agreement between NRG and SDG&E on the new power plant, therefore the previously proposed changes to SP 144 are removed. City staff is currently preparing a comprehensive update to the city’s Local Coastal Program; as part of the update, the city will request Coastal Commission certification of zoning regulations for all existing “deferred certification” areas. The CR-A/OS zone will be proposed north of Cannon Road as part of the LCP update. 2 The 2011 approved amendments to the LCP Agua Hedionda Land Use Plan (part of LCPA 09-05) and the Encina Specific Plan (SP 144 (K)) consisted of referencing the new CR-A/OS Zone consistent with ZC 09- 06. The proposed revised project does not include amendments to the LCP Agua Hedionda Land Use Plan and Encina Specific Plan. As noted above, the CR-A/OS Zone is not proposed on land north of Cannon Road, therefore, it is not necessary to amend the Agua Hedionda Land Use Plan and the Encina Specific Plan SP 144 was deleted. ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE January 4, 2017 Page 7 TABLE D – CARLSBAD RANCH SPECIFIC PLAN (SP 207) AMENDMENT CHANGES Proposed Revisions to Carlsbad Ranch Specific Plan Reason for Proposed Revision The amendments to Carlsbad Ranch Specific Plan (SP 207(I)), approved by the City Council in 2011, are not proposed to be changed. The proposed revisions consist of the following additional amendments: 1 Add two new policies related to future trails, as follows:  Require a new east-west trail through SP 207 Planning Area 8a that connects the promenade on Armada Drive to the Carlsbad Premium Outlets (specific plan Planning Area 6).  Require a new north-south trail along the eastern boundary of SP 207 Planning Area 8a that connects the pedestrian under-crossing at Cannon Road to the promenade along Armada Drive. The proposed policies for additional trails in SP 207 will ensure the public is provided with access to recreational opportunities and views of the ocean and scenic coastal areas, consistent with Coastal Act policies. As shown in Attachment 2A-2, SP 207 designates Planning Area 8a as a golf course; the 2011 amendment (SP 207(I)) and this proposed amendment (SP 207(L)), replace the plan for a golf course with the CR-A/OS zone. Allowed uses on the property will be limited to those permitted in the CR-A/OS zone. Coastal Commission staff viewed the plan for a golf course on Planning Area 8a as an opportunity for the public to have access to recreation and ocean/lagoon views. The policies to add trails on the property will ensure the public has access to recreation and views, as the site will not be developed as a golf course. 2 Update the following throughout SP 207:  Update references to applicable General Plan policies to be consistent with those from the recently adopted General Plan.  Replace references to “Planning Director” with “City Planner”. SP 207 was originally approved in 1993 and included references to General Plan policies and the title “Planning Director,” as such were applicable in 1993. Since that time, the General Plan was updated (2015) and job titles have been changed. City staff recommends that SP 207 be updated to reflect current General Plan policies and job titles. B. General Plan Consistency: The proposed amendments are consistent with the General Plan and implement General Plan goals and policies, which ensure consistency with Proposition D, as follows: Land Use & Community Design Element goals and policies pertaining to the Cannon Road Open Space, Farming and Public Use Corridor:  2-G.24 – Ensure that this area is permanently protected and preserved for open space uses.  2-G.26 – Allow farming operations in the area such as the existing strawberry fields and flower growing areas to continue.  2-G.27 – Provide for the protection and preservation of environmental resources in the area.  2-G.28 – Increase public access and use in the area primarily though the incorporation of public trails and active and passive recreation. ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE January 4, 2017 Page 8  2-P.62 – In coordination with land owners, protect and preserve this area as an open space corridor. Permit only open space, farming and compatible public uses in the area. Permitted uses shall be as follows: o Open space o Farming and other related agricultural support uses, including flower and strawberry production o Public trails o Active and passive parks, recreation and similar public and private use facilities (except on the existing Flower Fields) o Electrical transmission facilities  2-P.63 – Prohibit residential development in the area; and prohibit commercial and industrial- type uses in the area other than those normally associated with or in support of farming operations and open space uses.  2-P.64 – Enhance public access and public use in the area by allowing compatible public trails, community gathering spaces and public and private, active and passive park and recreation uses.  2-P.65 – Allow farming to continue in the area for as long as economically viable for the landowner.  2-P.67 – If determined to be necessary, the city shall amend the Zoning Ordinance and adopt a Cannon Road Open Space, Farming and Public Use Corridor Overlay Zone to apply to the area that would provide more detail on permitted uses and land use regulations applicable to the area. Open Space, Conservation, and Recreation Element goals and policies:  4-G.2 – Within the Cannon Road Open Space, Farming and Public Use Corridor create a unique, community-oriented open space area and ensure the area is permanently protected and preserved for open space uses.  4-G.10 – Increase public access to and use of the Cannon Road Open Space, Farming and Public Use Corridor primarily through the incorporation of public trails and active and passive recreation.  4-P.3 – Ensure that the Cannon Road Open Space, Farming, and Public Use Corridor is permanently protected and preserved for farming and open space uses.  4-P.44 – Allow and encourage farming operations to continue within the Cannon Road Open Space, Farming, and Public Use Corridor (such as the strawberry fields) as long as they are economically viable for the landowner. IV. ENVIRONMENTAL REVIEW CEQA Guidelines section 15164(b) provides that an addendum to an adopted negative declaration may be prepared if none of the conditions described in section 15162 calling for preparation of a subsequent negative declaration has occurred. The proposed revised amendments are substantially within the scope of the previously adopted Negative Declaration for Prop D - Cannon Road Agricultural/Open Space Lands - ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I) previously adopted by City Council on May 24, 2011. Staff has determined that the proposed project will have no significant effects that were not identified in the previously adopted negative declaration and none of the conditions described in CEQA Guidelines Section 15162 that require adoption of a subsequent environmental document have occurred. An addendum to the negative declaration has been prepared pursuant to CEQA guidelines sections 15162 and 15164 (see Attachment 1A). ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE January 4, 2017 Page 9 ATTACHMENTS: 1. Resolution No. 7217 1A. Addendum to Negative Declaration 1A-1. Negative Declaration and Initial Study for ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I) – Prop D Cannon Road Agricultural/Open Space Lands 2. Resolution No. 7218 2A. Draft City Council Ordinance (ZCA 16-04/ZC 16-02/LCPA 16-03, SP 207(L)) 2A-1. Zoning Map Change (ZC 16-02/LCPA 16-03) 2A-2. Carlsbad Ranch Specific Plan Amendment (SP 207(L)) 2B. Local Coastal Program Land Use Plan Amendment (LCPA 16-03) 3. Background and Timeline 4. Map of project area 5. Proposed Text Changes to the Zoning Ordinance Chapter 21.209 Shown in Strikethrough/Underline Format Attachment 3 PROPOSITION D – CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE BACKGROUND AND TIMELINE  November 2006 – Carlsbad voters approved Proposition D (Prop D) “Preserve the Flower and Strawberry Fields and Save Taxpayers Money”. The area affected by Prop D encompasses approximately 300 acres of privately owned land east of Interstate-5 and both north and south of Cannon Road, including the existing strawberry and flower growing agricultural areas. The parcel with the approximately 40 acres of Visitor Commercial located directly east of I-5 and north of Cannon Road recently included with Measure A was not a part of the area Prop D affected. Prop D placed a permanent open space designation on the affected lands and strongly supported and 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 would be allowed. Prop D included a provision requiring the city to conduct a “comprehensive planning process with broad public participation and input” to “determine the most appropriate open space, recreational and public uses for the lands, should farming become no longer economically viable.”  July 2007 – City Council approved a work program for community engagement in the comprehensive planning process required by Prop D. A seven-member citizen liaison committee was appointed by the City Council to oversee the process and maximize public participation. At the end of the eight-month community engagement process, a final report was prepared which described the comprehensive planning and community engagement process and included recommendations relating to implementation of Prop D.  September 2008 - 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). The Final Report contains a list of open space uses that the community believed would be appropriate and desirable for the lands when the landowners determine that agriculture is no longer economically viable. Additionally, a list of recommended agricultural uses and incentives are included that could be considered by the city in order to support and promote the continuation of agriculture. Finally, the report contains a recommended set of guiding principles that, if implemented, result in open space uses being developed on the lands in a manner that reflects the community’s desires, values and visions for the Prop D lands. Upon accepting the Final Report, the City Council directed staff to prepare the amendments necessary to implement the Final Report recommendations.  2009-2010 – Based on the public input described in the Final Report, city staff drafted amendments to the Zoning Ordinance, Zoning Map, Local Coastal Program, Carlsbad Ranch Specific Plan, and Encina Specific Plan.  December 2010 – the draft amendments (ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207I/SP144K) were presented to the Planning Commission for recommendation. Three property owner representatives spoke at the public hearing. A representative from the Carltas Company spoke in support of the amendments. Additionally, two representatives from the Charles Company requested the inclusion of two additional uses (cemetery and professional care facility) to the list of conditionally permitted open space uses. The Planning Commission discussed the two additional uses and concluded that, because there had been extensive community input into the proposed list of uses, it was not appropriate to support adding new uses that had not been specifically recommended in the Final Report. The commission discussed the merits of expanding the list of allowed uses and ensuring flexibility with implementation of the new zone in order to provide for the continuation of agriculture. The Planning Commission voted 6-0-1 (one commissioner did not participate due to a conflict) to recommended approval of the amendments.  May 2011 – the City Council considered the proposed amendments recommended by the Planning Commission, as well as revisions based on community input received after the December 2010 Planning Commission meeting and input from a workshop meeting in March 2011. The additional community input from two of the property owners (SDG&E and the Carltas Company) resulted in some minor changes that were made to the new zone. At the May 2011 City Council meeting, two property owners spoke in support of the project (the Carltas Company and the Charles Company) and the City Council voted 4-0-1 (one council member did not participate due to a conflict) to approve the amendments. The council also directed staff to submit LCPA 09-05 to the Coastal Commission (the council’s approval of the amendments would not become effective until the Coastal Commission approved LCPA 09-05).  August 2011 – LCPA 09-05 was submitted to Coastal Commission for review.  October 2011 – Coastal Commission granted itself a one year time extension to review LCPA 09- 05.  September 2012 – Coastal Commission staff informed city staff that they could not support the amendment as proposed due to various issues and identified the need to make numerous revisions to the city’s proposal (as described in the Planning Commission staff report for ZCA 16- 04/ZC 16-02/SP 207(L)/LCPA 16-03 – Prop D Cannon Road Agricultural/Open Space Zone).  September 2012 - the city withdrew the Coastal Commission application for LCPA 09-05 to provide sufficient time to resolve the issues raised by Coastal Commission staff.  2013-2016 – city and Coastal Commission staff conducted additional analysis and coordinated through meetings and site visits and came to an agreement on acceptable revisions to LCPA 09- 05, as described in the Planning Commission staff report for ZCA 16-04/ZC 16-02/SP 207(L)/LCPA 16-03 – Prop D Cannon Road Agricultural/Open Space Zone. The most challenging issue to resolve during this process pertains to proposed policies for additional trails on Planning Area 8a of Carlsbad Ranch Specific Plan. This required numerous meetings, drafting of various options, and close coordination – between city staff, Coastal Commission staff and the affected property owner – to come to a resolution that is agreeable to all parties. The amendments proposed by ZCA 16- 04/ZC 16-02/SP 207(L)/LCPA 16-03 reflect the amendments that city staff and Coastal Commission staff have agreed to support. AGUA HEDIONDA LAGOON CR-A/OS CR-A/OS CANNON RDLEGOLA N DDRF L EE T S T P ASEO DEL NO R T E ARMADA DR G R A N D P A C I F I CDR CA R C O U N TRYDRAVENIDA E N C I N A S MARBRISACRTHECROSSINGSDRLegend Cannon Road Agricultural Open Space Zone (CR-A/OS) Area removed from project per Coastal Commission staff request, to be addressed as part of Local Coastal Program Update Document Path: J:\cbgis\products\planning\MapUpdate\ZC 16-02_LCPA 16-03\ZC 16-02_color.mxd Attachment 4 Attachment 5 1 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). Chapter 21.209 CR-A/OS CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE 21.209.010 Intent and purpose. 21.209.020 Definitions. 21.209.030 Guiding principles for permitted uses. 21.209.040 Permitted primary and secondary uses. 21.209.050 Conditional use permit requirement. 21.209.060 Site development plan requirement. 21.209.070 Pre-submittal community input process. 21.209.080 Development and design standards. 21.209.090 Severability. 21.209.010 Intent and purpose. A. The intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone is to: 1. Implement Proposition D, the “Preserve the Flower and Strawberry Fields and Save Taxpayers Money” proposition enacted by the voters of Carlsbad in November 2006. 2. Promote and support the continuation of agriculture in the zone for as long as the landowners determine that it is economically viable to do so; 3. Protect, encourage, and enhance public uses, public access, public views/vantage points, and community gathering places; 4. Ensure that all uses in the zone address traffic, circulation and transportation impacts; 5. Provide for agricultural and other active, passive, and cultural open space uses in the zone that provide economic benefit to the landowners as set forth in Table A of this chapter; 6. Create a sustainable area, which means an area that contains agricultural and open space uses that balance social, economic, and environmental values important to the community; 7. Provide for community input on the design of proposed development and uses; 8. Protect areas of existing natural habitat in conformance with the city’s habitat management plan and local coastal program; and 9. Implement the goals and objectives of the general plan. In particular, the goals and objectives related to the Cannon Road Open Space, Farming and Public use Corridor. 21.209.020 Definitions. A. Whenever the following terms are used in this chapter, they shall have the following meaning established by this section: 1. “Primary use” means a use that is not required to be developed in conjunction with or on the same site, lot, or parcel of land as another permitted and/or secondary use. 2. “Secondary use” means a use that is permitted only if developed in conjunction with and/or in support of at least one primary use. 2 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. Support public access to and along the south shore of the Agua Hedionda Lagoon at locations that avoid and/or minimize impacts to natural habitat. dc. 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. 3 Table A – Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: “P” indicates that the use is permitted. “CUP” indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process. 2 = Planning Commission process. Agricultural Uses Primary Agricultural Uses P CUP Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) X Agricultural-related educational, research and development facilities 1 Community farming (example: individual citizens or community groups growing agricultural crops) X Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto X Farmers market (sale of primarily agricultural products) 1 Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Floral trade center (wholesale or retail) 2 Greenhouses X Plant nurseries and supplies (retail) 1 Tree and seed growing farms X Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission X Vineyards and wineries X Secondary Agricultural Uses P CUP Agricultural distribution facilities 2 Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the Planning DirectorCity Planner 1 Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 1 below) X Retail sales of agricultural crops and related products limited to a cumulative area of 1,000 square feet or less X 4 (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 (examples: on-premise sale of crops to the public, produce store, “you pick” operations, sale of products made from crops) 1 Open Space Uses Primary Open Space Uses P CUP Amphitheater 2 Aquarium 1 Art gallery 1 Civic and public gathering spaces (examples: art display, gazebos, public plazas, sitting areas, water features, wedding areas) X Community learning center (excluding “educational institution or school” as defined in Section 21.04.140) 1 Community meeting center 1 Cultural center 1 Dog park 1 Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto X Gardens (public or private) (examples: botanical, rose, tea, and meditation gardens) 1 Habitat preserves and natural areas X Historic center 1 Agricultural or natural history related museum 1 Parks (public or private) 1 Performing arts center 2 Picnic areas 1 Sports or recreation center (public or private) (indoor or outdoor) (examples: athletic courts and fields, boys and girls club, lawn bowling, swimming pools, tennis courts ) 2 Trails (examples: bicycle, exercise, equestrian, nature, pedestrian) X Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission X 5 Secondary Open Space Uses P CUP Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less X Food service, including restaurants and cafes with a cumulative area of more than 500 square feet 1 Other accessory or related uses that promote the continuation of a primary permitted open space use 1 Public/private events and activities (permanent or temporary) related to promoting a primary permitted open space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 1 below) X Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less X Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet 12 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 shall be required for development in the zone as noted below. 1. Exemptions. The following types of development are exempt from the requirement for a minor site development plan or site development plan: a. Structures associated with primary or secondary agricultural uses which include: i. Structures containing a cumulative area of 2,000 square feet or less. ii. Greenhouses or plant protection (shade, wind, etc.) structures containing a cumulative area of 10,000 square feet or less. 6 iii. Temporary or seasonal plant protection (shade, wind, etc.) structures. Temporary or seasonal as used herein shall mean a structure that is in place for no more than 180 days in any 12 month period. iv. Open shade structures (gazebo, trellis, patio cover, etc.) containing a cumulative area of 1,000 square feet or less. b. Structures associated with primary or secondary open space uses which include: i. Structures containing a cumulative area of 1,000 square feet or less. ii. Open shade structures containing a cumulative area of 1,000 square feet or less. 2. Minor Site Development Plan. A minor site development plan shall be required for the following: a. Structures associated with primary or secondary agricultural uses which include: i. Structures containing a cumulative area of more than 2,000 square feet and up to 10,000 square feet. ii. Greenhouses or plant protection structures containing a cumulative area of more than 10,000 square feet and up to 50,000 square feet. b. Structures associated with primary or secondary open space uses which include: i. Structures containing a cumulative area of more than 1,000 square feet and up to 5,000 square feet. ii. Open shade structures containing a cumulative area of more than 1,000 square feet and up to 5,000 square feet. 3. Site Development Plan. A site development plan shall be required for, but not limited to, the following: a. Structures associated with primary or secondary agricultural uses which include: i. Structures containing a cumulative area of more than 10,000 square feet. ii. Greenhouses or shade structures containing a cumulative area of more than 50,000 square feet. b. Structures associated with primary or secondary open space uses which include: i. Structures containing a cumulative area of more than 5,000 square feet. ii. Open shade structures containing a cumulative area of more than 5,000 square feet. B. Decision-making process. 1. A minor site development plan shall be processed in accordance with the applicable provisions of Section 21.209.060(C) and Chapter 21.06 (Q-Qualified Development Overlay Zone) of this title, including the requisite findings therein. The Planning 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(C) and Chapter 21.06 (Q-Qualified Development Overlay Zone) of this title, including the requisite findings therein. The Planning Commission shall be the decision maker for a site development plan required by this chapter. C. Findings of fact. In addition to the findings for approving a minor site development plan or site development plan as set out in Chapter 21.06, findings shall be made that: 1. The proposed development implements the intent and purpose of the Cannon Road Agricultural/Open Space (CR-A/OS) zone as set forth in Section 21.209.010 of this chapter. 2. The proposed development conforms to the applicable guiding principles contained in Section 21.209.030 of this chapter. 3. The proposed development complies with the applicable development and design standards contained in Section 21.209.080 of this chapter. 4. Feasible and appropriate public art, public access, and civic and public gathering space elements have been incorporated into the design of the proposed development. 7 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 50% of the lot. B. Lot Area, minimum 1. There shall be no minimum lot area established for the CR-A/OS zone district. The size of the lot shall be dependent upon the existing or proposed use. C. Building Design. 1. The design of all buildings in a proposed development shall reflect a human scale (proportionate and attention to details) in terms of the size, bulk and massing of structures. D. Building Height. 1. No building or structure shall exceed twenty-five feet in height unless a higher building height is authorized through a minor site development plan or site development plan approval. Additional building height authorized through a minor site development plan or site development plan approval shall not exceed a maximum of thirty-five feet. 2. In approving the increased building height, the decision maker shall determine that the buildings or structures require an increased height in order to provide the function needed for the development, use, or grouping of uses that the building is intended to serve. E. Habitat Preservation. 1. Consistent with guiding principle 21.209.030.A.3.b contained in this chapter, proposed development shall be consistent with the city’s habitat management plan and shall conform to the applicable provisions of Chapter 21.210 and the local coastal program. Restoration of disturbed habitat shall be encouraged for proposed development located adjacent to existing preserve areas. F. Parking Requirements. 1. Off-street parking requirements for proposed uses in the zone shall be governed by Chapter 21.44 of this title. 2. Where a parking requirement for a use permitted in the zone is not specifically identified in Chapter 21.44, the Planning DirectorCity 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. 8 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. I.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. K.L. Traffic and Circulation. 1. A traffic and circulation study shall be submitted, pursuant to the City’s circulation impact analysis thresholds, in conjunction with all proposals for new development, uses, or grouping of uses in the zone that require a minor site development plan, site development plan, minor conditional use permit, or conditional use permit, except for the establishment or expansion of agricultural crop production. The study shall analyze how the proposal affects previously-approved traffic (ADT) projections for the local facilities management zone in which the proposal is located. If the study shows that previous projections are being exceeded as a result of proposed development, uses, or grouping of uses, the study shall identify traffic and circulation improvements that must be constructed to accommodate additional traffic in the zone. 2. The requirement for a traffic and circulation study may be waived at the discretion of the City Engineer and Planning DirectorCity Planner. 9 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.