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HomeMy WebLinkAbout2022-07-21; Strawberry Fields Update (District 2); Barberio, GaryTo the members of the: .PTY COUNCIL Date~CA ~CC V CM V ACM ✓ocM (3).J:::::, Council Memorandum July 21, 2022 To: From: Via: Re: Honorable Mayor Hall and Members of the City Council Gary Barberio, Deputy City Manager, Community Services Jeff Murphy, Community Development Director Geoff Patnoe, Assistant City Manager ~ Strawberry Fields Update (District 2) {city of Carlsbad Memo ID #2022083 This memorandum is an update to the Council Memorandum dated May 10, 2022 (Attachment A), where the operator of the Carlsbad Strawberry Company expressed interest in allowing increased special events, uses, and activities at their "U-Pick" Strawberry Fields on Cannon Road . Background The Strawberry Fields, located on property owned by SDG&E near the northeast corner of Interstate 5 and Cannon Road, have historically been operated by the Carlsbad Strawberry Company as a seasonal agricultural operation where patrons are able to pick strawberries and/or purchase them at a small produce stand on the property. Over the years, particularly during the past two years, operations at the Strawberry Fields have expanded to include other activities including inflatable jump houses, commercial vendors, expanded produce stand, air cannons that shoot apples, food trucks, canopies, carnival games and other related uses. The city has received complaints over noise and lighting associated with these activities. In May 2022 the Carlsbad Strawberry Company submitted a letter to the City Planner requesting a use determination1. Pursuant to their letter, they contend that the various uses and activities taking place on-site should be considered "Agriculture" and/or "Recreational Facilities," which are uses that are permitted on the property without the need for a permit. Discussion Upon careful consideration, the City Planner determined that the cultivation of fruits, vegetables, and flowers are permitted by right under the zone and allowed to continue. Furthermore, the City Planner determined that certain uses listed in their letter were "accessory" to cultivation, and therefore permitted by right, and could also continue. Those uses include u-pick strawberries, fruit & vegetable stand (subject to size limits), flower/corn/haunted maze, photo 1 In cases where a particular use is not defined or listed as permitted in the zoning code, a request may be filed with the City Planner who has the authority to determine whether the use is similar in scale and intensity to other uses that are permitted under the zone, or whether the use is prohibited. Community Services Branch Planning Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 t Council Memo -Strawberry Fields Update (District 2) July 21, 2022 Page 2 opportunity areas, hay bale pyramid, flower field visits, u-pick pumpkin, shaded tents/ tractor rides and food trucks (subject to code limitations). The City Planner did not agree that the remaining uses (i.e., stage & m_usical performances, inflatable bounce houses, mechanical bull riding, alcohol sales/consumption, games/face painting, commercial vendors, high pressured cannons that shoot apples at targets) qualified either as "agricultural" or "recreational" uses. Rather, the City Planner found that those uses, when considered collectively, are more reflective of the "Fairgrounds" use type, which can be allowed with a City Council approved Conditional Use Permit. A copy of the City Planner's determination is included as Attachment B. It should be noted that this determination does not prohibit the Carlsbad Strawberry Company from holding special events that could include most of the activities requested on the property. Special events are short-term in nature, usually occurring over two to four days. At the conclusion of the event, all equipment and activities associated with the special event must be removed and the site restored. In the case of the Strawberry Fields, the site would be restored to only include those primary and accessory uses that are authorized. Next Steps The Carlsbad Strawberry Company can appeal the City Planner's determination to the Planning Commission within 10 days of the mailing date of the city's letter (appeal date ending by end of day on July 28, 2022). If appealed, staff anticipates that the matter will be presented before the Planning Commission for their consideration in late August/early September. The Planning Commission's determination can be appealed to the City Council. Attachments: A. Council Memorandum, dated March 10, 2022 B. City Planner Letter of Determination, dated July 18, 2022 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Cindie McMahon, Assistant City Attorney Ron Kemp, Assistant City Attorney Mike Strong, Assistant Director Eric Lardy, City Planner To the members of the: ,CllY COUNCIL Date3/ w J~ CA L CC ✓ CM ~ACM _L_DCM (3) ✓ March 10, 2022 Council Memorandum To: Honorable Mayor Hall and Members of the City Council From: Gary Barberio, Deputy City Manager, Community Services Jeff Murphy, Community Development Director Via: Geoff Patnoe, Assistant City Manager e, Re: Strawberry Fields (District 2) Attachment A · {cityof Carlsbad Memo ID# 2022029 This memorandum informs the City Council of recent discussions with the Carlsbad Strawberry Company, the operator of the "U-Pick" Strawberry Fields on Cannon Road and their interest in allowing increased special events and activities on the property. Background The "U-Pick" Strawberry Fields, located on property owned by ·soG&E near the corner of Interstate 5 and Cannon Road, have historically been operated by the Carlsbad Strawber'ry Company as a seasonal agricultural operation where patrons are able to pick strawberries and/or purchase them at a small produce stand on the property. Over the years, particularly during the past two years, operations at the Strawberry Fields have expanded to include other activities inc;ludingjumpies, expanded produce stand, air cannons that shoot apples, food trucks, canopies, carnival games and other related uses. The city has received complaints over noise and lighting associated with these activities. Discussibn Staff is working with the Carlsbad Strawberry Company to identify what uses are consistent with the zone and allowed by-right, what activities require an additional permit (i.e., Conditional Use Permit) in order to continue, and what uses are not allowed under current city code. Next Steps Staff will be meeting with the property owner and their consultants in the coming weeks to develop a path forward. The goal is to allow the Carlsbad Strawberry Company to successfully operate Within the bounds of zoning regulations applicable to the property. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Ron Kemp, Assistant City Attorney Don Neu, City Planner July 18, 2022 Mr. Mike Howes Howes Weiler Landy Planning & Engineering 2888 Loker Avenue East, Suite 217 Carlsbad, CA 92010 Attachment B (City of Carlsbad VIA EMAIL AND MAIL SUBJECT: ZONING DETERMINATION OF THE CITY PLANNER ON VARIOUS PROPOSED USES AND ACTIVITIES WITHIN THE PUBLIC UTILITY (P-U) ZONE Dear Mr. Howes: The Community Development (CD) Department is in receipt of your letter dated May 4, 2022 (Attachment A) where you propose that the various uses identified in your correspondence fall within the intent and purpose provided under either the "Agriculture11 and/or "Recreational facilities (public or private, passive or active)" use types, which are permitted within the Public Utility (P-U) Zone without the need for discretionary approval. You are requesting a City Planner zoning determination pursuant Carlsbad Municipal Code (CMC) §21.36.020.C. OVERVIEW It is important to clarify that the City Planner determination on this matter will not be limited to the subject property, which is located at the northeast corner of Interstate 5 and Cannon Road commonly referred to as the Strawberry Fields; the City Planner determination will apply to all zones citywide that permit or conditionally. permit "Agriculture" and/or "Recreational facilities." Additionally, the Strawberry Fields is comprised of two legal lots (APN 211-010-24 and 211-010-31), which are subject to two different zoning designations. Parcel -31 is subject to the Open Space (OS) Zone and the Commercial/Visitor-Serving Overlay Zone. However, pursuant to CMC §21.208.040, the overlay zone defaults to the underlying zoning (OS Zone) for a listing of permitted uses. The lcJtest aerial image shows field crnps, additional parking and agricultural equipment on this parcel. Parcel -24 is subject to the Public Utility (P-U) Zone and the Commercial/Visitor-Serving Overlay Zone, which as mentioned above defaults to the underlying zoning (P-U Zone) for a listing of permitted uses. Based on latest aerial imagery, the retail stand and the primary parking area are on this parcel. The uses listed in the May 4 letter either have or are proposed to be located on this parcel. As such, the remainder of this letter shall focus on the P-U Zone. CITY PLANNER DETERMINATION As a point of clarification, Agriculture1 is not a use type that is specifically listed in Table A-Permitted Uses of CMC §21.36.020 (P-U Zone). However, the table does identify "Crop production," "Tree farms," "Floriculture," and "Nursery crop production" as permitted uses under the P-U Zone. Since these permitted uses are related 1 Per CMC §21.04.023, "Agriculture means farming in all its branches,· including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities ... the raising of livestock, bees, fusbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage orto market or to carriers for transportation to market." Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 r fl Mr. Howes July 18, 2022 Page 2 to the practice of soil cultivation, crop production, or in varying degrees the preparation and marketing of the resulting products, the City Planner, pursuant to CMC §21.36.02O.C, has determined that agriculture is allowed as a permitted use in the P-U Zone. As such, the agriculture activities and uses listed in Table 1 below, as referenced in your letter dated May 4, 2022, are permitted year-round without the need for discretionary approval. Table 1-Uses Permitted as "Agricultural" Use Type • Cultivating fruits (i.e., strawberries) · • Cultivating flowers (i.e., sunflowers) • Culfivc1!ing vegetables (i.e., l)Umpl<ins/corn) Your letter also referred to a number of activities that may be considered accessory2 to the permitted agriculture. Based on the definition of accessory uses, the City Planner finds that the activities and uses listed in Table 2 below, as referenced in your letter dated May 4, 2022, are considered "accessory" to the permitted ((agriculture" uses listed in Table 1 and therefore permitted year-round without the need for discretionary approval. Table 2 -Uses "Accessory" to "Agricultural" Use Type • U-pick strawberries ; • Fruit & veg, stand1 • Flower field visits •· U-Pt_c:R Pumpkil'! • Photo opport_!Jnity areas • Shaded tents3 • Tractor rides • Hay bale pyramid --··.:-·sto-rytime2 --. • Food trucks4 • Fire truck 15ubject to standards set forth under CMC §21,208,040 for roadside stand; 2Per your letter dated May 4, 2022, · stories will relate tofarming relative to Carlsbad's history; 3May require a tent permit from the Fire Department (442-339-2665}; 4Subject to the requirements set forth in CMC §8.32,100. Regarding the use type "Recreational facilities (public or private, passive or active)," the term is not defined under CMC§21.04. However, the term is used in the Open Space, Conservation, and Recreation Element of the city's General Plan. Specifically, Chapter 4.5 (Parks and Recreation) states the following:· ((Active and Passive Recreation. Active park areas typically provide a form of organized and/or supervised recreation, such as gymnasiums, swim complexes, multi-use ball fields, tot lots, hard court play surfaces, volleyball, horseshoe areas, BMX bike courses, and skate parks or a combination thereof. Passive park areas often provide minimal or no amenities associated with active use. The very nature of passive use implies quiet, contemplative, low impact activity, such as nature trails, walkways, picnic tables, benches, a'nd small turf and/or landscaped areas." Considering the language in Chapter 4.5 and how recreational related uses have historically been interpreted in · the city, the City Planner finds, pursuant CMC §21.36.020.C, that the remaining uses identified in the letter dated May 4, 2022, which are listed below in Table 3, are not similar in intent or purpose of either the "Recreational facilities" or "Agriculture" use type, and therefore not permitted by-right in the P-U Zone. 2 Per CMC §21.04.020, "Accessory means a building, part of a building or structure, or use which is subordinate to and the use of which .is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a common wall such ·building area is considered a part of the main building and not an accessory· building or structure." 1 ! ,. Mr. Howes July 18, 2022 Page 3 Table 3 -Uses Not Permitted as "Recreational Facilities" or "Agricultural" Use Type i • Stage & musical performances • Alcohol sales/consumption • Inflatable-bounce houses • Games1/Face painting ' • High pressured cannons that shoot apple,s attargets • Mechanical oull riding • Food trucks2/vendors 1/ncludes activities and games of chance or skill; 2Food trucks onsite that exceed the requirements set forth in CMC §8.32.100. Rather, the City Planner finds that uses listed in Table 3 above, when considered collectively, are more reflective of the "Fairgrounds" use type. While not defined in the CMC, fairgrounds typically involve outdoor exhibitions, activities, and services available to the general public. Pursuant to Table A-Permitted Uses of CMC §21.36.020, Fairgrounds are allowed in the P-U Zone with an approved Process 3 (City Council) Conditional Use Permit. If, however, the uses are considered individually or selectively grouped, the City Planner finds that, with one exception, none of the uses in Table 3 are similar in intent or purpose of any of the use types listed in Table A -Permitted Uses of CMC §21.36.020 and therefore prohibited. Pursuant to Table A-Permitted Uses of CMC §21.36.020, an Aquaculture Stand is allowed pursuant to approval of a Process 1 (City Planner) Cl.)P. Since Aquaculture3 also involves the propagation, cultivation, maintenance, and harvesting of plants, the City Planner finds, pursuant CMC §21.36.020.C, that an agricultural stand that exceeds the 200 square foot size limit stated in CMC §21.208.040 can be allowed with an approved Process 1 CUP pursuant to CMC §21.42.140.B.10. The agricultural stand products sold must be consistent with the requirements of California Health and Safety Code §114375 (c). This decision may be appealed to the Planning Commission pursuant to CMC §21.54.140 within ten days of the date of this letter. Appeals must be submitted in writing to the Community Development Department; attention City Planner at 1635 Faraday Avenue, Carlsbad, 92008 along with a payment of $786. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. CONCLUSION Notwithstanding the zoning code interpretation, the above uses in Table 3 could temporarily be allowed via approval of a Private Property Permit pursuant to CMC §8.17. This includes the special events listed in the May 4, 2022 letter. Such temporary event permits are short-term in nature, usually occurring over two to four days (often over a weekend) and issu·ed for events held on private property. At the conclusion of the event, all equipment and activities associated with the temporary event must be removed and site restored. In the case of the Strawberry Fields, the site would be restored to those uses and operatiohs associated with Table 1 and 2. Alternatively, if the temporary special events listed in the May 4, 2022 letter impact pubic property, including roads, and meet the definition of a Minor or Major Special Event (CMC Chapter 8.17), they could be temporarily allowed (two to four days) through the issuance of a Minor or Major Special Event Permit. Similarly, following the conclusion of the special event, the site would need to be restored to the uses and operations specified in Table 1 and 2 . . 3 Per CMC §21.04.036, "Aqua.culture means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. "Aquaculture" does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes. This definition specifically excludes hydroponics." Mr. Howes July 18; 2022 Page 4 Regarding your request under the Freedom of Information Act for any letters of complaint that the city received regarding the property, as previously noted the complaint that was received involved a phone call made to the Community Development Director. As such, there are no responsive documents to your request. If you have any questions regarding this matter, please feel to contact me at 442-339-2717 or via email at Eric.Lardy@Carlsbadca.gov Sincerely, [J1}G ERIC LARDY, AICP City Planner EL:mh Attachment: May 4, 2022 Letter c: Jimmy Ukewaga (via Jimmy@aviarafarmsinc.com) Adam Smith, SDG&E Real Estate Portfolio Manager, 8335 Century Park Court, CP12A, San Diego CA 92123-1569 and via email at asmith@semprautilities.com -Jeff Murphy, Community Development Director Mike Strong, Assistant Director Cliff Jones, Principal Planner May 4, 2022 Jeff, Citv of Carlsbad P!annf I g Division Per the direction we received at our last meeting we have attempted to make the attached letter as generic as possible. Under the Freedom of Information Act, Jimmy still requests a copy of any letters of complaint that the City has received regarding the Strawberry Fields. Please feel free to redact any names or addresses. Please feel free to give me a call at your convenience after you have an opportunity to discuss the attached memo with staff. Mike ALLOWED USES Based on our previous conversations and the chart provided by Don Neu, it is our understanding that staff does not have any concerns regarding the following uses since it is their determination that they are Agricultural in nature or directly related to the agricultural use allowed on the site: Lavender Field U-Pick Strawberries Tractor Rides Sunflower Maze Haunted Maze Photo Ops Hay Pyramid Pumpkin Patch Corn Maze Marigold maze/field OTHER USES During previous meetings, staff has expressed concerns about the uses listed below and how they relate to agriculture. We believe that most of these uses can be related to agriculture and will help visitors to get a better understanding of the challenges faced by agricultural uses in the Coastal area of Southern California. We also believe that these uses can be classified as recreational uses which are permitted by Section 21.36.020 of the Carlsbad Municipal Code which allows Recreational Facilities (public or private, passive or active) by right in the PU, Public Utilities Zone. This is the only zone in <::arlsbad that allows recreational uses by right. • Shaded Eating areas vvith stage and music • Story Tirne • Face Painting • Free Garnes • ·Bounce land • Me.chanical Bull riding • Apple Cannons Shaded eating areas with stage & music -This use is related to the strawberry picking and walks through the lavender fields. Agricultural operations often provide some type of shade structures for their workers to use during their lunch breaks. Many people come to this site with young children or senior citizens. They get tired after a walking through the fields while picking strawberries and need a place to sit and rest out of the sun. Signs and displays will be placed in . this area explaining the agriculture process and the difficulties of continuing agriculture in the Coastal zone. This will be a great opportunity for visitors to understand the difficulty of maintaining an agricultural operation in the Coastal zone due to the high costs of water, labor, fertilizers, regulations as well as the competition from foreign imports that do not face many of these constraints. This will help them to understand why this is the last unsubsidized agricultural operation rn the Coastal Zone between Mexico and Los Angles. The stage could also be used to provide speeches/skits related to agriculture. Story Time-Stories related to farming could be told during the story time. People taking a break from picking crops can be entertained by hearing stories about agriculture and how it was/is a part of Carlsbad's history. Face Painting-Children can have their face painted with sunflowers, corn, strawberries, or other agriculture crops. This would occur under the shaded area while they are listening to stories. Free Games -Free Games consist of corn hole, an agricultural related game and a giant chess set both of which can be used free of charge. Vendors (Food & Water)-Food trucks can often be seen at large scale agricultural operations through-out the state. People need food and water, especially after hours of picking strawberries in the hot sun. No matter what the city staff says people-are going to demand something to drink and eat The City allows food trucks to operate at many of the breweries in the industrial areas of Carlsbad without the need for a Conditional Use Permit. Bounce land, Apple Cannons and Mechanical Bull -Although it may be difficult to directly relate these uses to agriculture, they are clearly recreational uses which are permitted by right per section 21.36.020 of the Carlsbad Municipal Code. However, in the spirit of cooperation the apple cannons and mechanical bull will be removed. Bounce land is very popular with families. The tall, highly visible slides will be removed. We propose to locate the smaller bounce facilities within the corn field. Once the corn grows up these children-oriented bounce facilities will not be visible to anyone outside the corn field. SPECIAL EVENTS The four events listed below could be considered as temporary .special events that benefit an individual group such as Rotary Club or Agua Hedionda Lagoon Foundation. The group benefiting from the event can apply for the Special Use Permit. Beer Garden -This use would only occur on weekends in the last weekend of September and . the weekends in October. Each weekend would be for the benefit of a different charity and each organization would have to apply for and obtain a Special Use Permit. I Speak Easy-The Agua Hedionda Lagoon Foundation would apply for a Special Use Permit. Octoberfest-The Rotary Club would apply for a Special Use Permit. CFF Fire Truck-If staff believes a Special Use Permit is required to park an antique fire engine on the site and allow children to have their picture taken on it, the Carlsbad Fire Foundation could apply for a Special Use Permit. f._ I DIRT ON CANNON ROAD We understand the City's concerns about this issue and are willing to work to address any potential concerns. We are consulting with soils and stormwater compliance engineers regarding what could be done on site to minimize having any dirt or debris tracked onto Cannon Road. We are also willing to have some of the workers sweep up the portion of Cannon Road adjacent to the site. This could be done as needed very early in the morning when there is a minimum of traffic on Cannon Road. CUMULATIVE IMPACTS Concern was expressed about the cumulative impacts of the recreational uses in combination with the agricultural uses. It is understood that it could be considered cumulative and more than just an agricultural use. However, as discussed above, this is the only zone in the City which allows recreational uses by right. Special Use Permits will be obtained for some of the larger special events. Measures will be taken to address potential dirt on Cannon Road. IN CONCLUSION Carlsbad' General Plan and Local Coastal Plan both encourage the preservation of agricultural uses in the Coastal Zone. This is the only large scale non-subsidized agricultural use in the Coastal Zone between Mexico and Los Angeles. As explained during previous meetings, it is not economically feasible to continue agriculture in the Coastal Zone without allowing agritourism. This is the one location where it is still feasible. Th_is is an opportunity for the City to help to preserve agriculture rather than encourage its demise. From what we have been able to determine, there has only been one complaint a pout the uses at the site related to noise and lights. Thousands of letters of support could be provided from the people that enjoy coming to the fields to pick strawberries and enjoy the other amenities. The Rotary Club, Agua Hedionda Lagoon Foundation, Carlsbad Fire Foundation, Chamber of Commerce and other charities that have benefited from this use would also be glad to provide letters of support for this use. This location provides a combination of agriculture and affordable family oriented public recreation in the Coastal Zone, which is very rare. This is one of the last vestiges of Old Carlsbad.that still remain to remind people of what Carlsbad used to be. The farmer is willing to have organizations obtain special use permits for the larger events and will address staff concerns about dirt on Cannon Road. If the farmer is willing to address the main concerns of staff, the City has only received one complaint and could receive a wave of support for the use, the question is "Why create a greater problem when only a minor issue exists?"