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HomeMy WebLinkAbout2022-09-15; Strawberry Fields Update (District 2); Barberio, GaryTo the members of the: CtTY COUNCIL Date~CA .,!l_CC.JL CM V ACM ,L_ DCM (3) ~ Council Memorandum September 15, 2022 To: From: Via: Re: Honorable Mayor Hall and Members of the City Council . Gary Barberio, Deputy City Manager, Community Services Jeff Murphy, Community Developmen~rector Geoff Patnoe, Assistant City Manager ~ Strawberry Fields Update (District 2) {city of Carlsbad Memo ID #2022100 This memorandum is ari update to the Council Memorandum dated July 21, 2022 (Attachment A} and provides a status of the Carlsbad Strawberry Company's appeal on the City Planner's land use determination on certain uses and activities on the property. 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 or purchase them at a small produce stand on the property. Over the past few years, particularly during COVID-19, operations at the Strawberry Fields have significantly expanded to include new uses and activities that are not currently permitted or allowed under current city codes. Following several months of discussions with staff over current code allowances and restrictions, the Carlsbad Strawberry Company submitted a letter to the Community Development Director in May 2022 requesting a formal use determination on what uses should be considered and allowed by-right within the zone. After careful consideration, the City Planner issued a determination establishing that certain uses can be permitted by-right, while other requested uses, depending upon scope and scale, must first secure discretionary permit approvals. The City Planner determination, which provides more background and explanation, is included in Attachment A. On July 28, 2022, the operator of the Carlsbad Strawberry Company appealed the City Planner determination to the Planning Commission. Discussion A Planning Commission meeting is tentatively scheduled for September 21, 2022, where the Planning Commission will review and either affirm, modify, or reverse the City Planner determination based on the substantial evidence submitted and consistent with the requirements of Carlsbad Municipal Code 21.54.140. As the Planning Commission meeting approaches, several correspondences and emails are being circulated that misrepresent the facts of the appeal. The bullets below are intended to help clarify the record. Community Services Branch Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5088 t Council Memo -Strawberry Fields Update (District 2} September 15, 2022 Page 2 • The operator can continue as a by-right use the current agricultural operations (i.e., cultivating strawberries, pumpkins, corn, flowers} and those uses determined accessory to the agriculture operations (i.e., u-pick events, fruit/vegetable stand, flower/corn maze, tractor rides}. The uses that are not considered by-right, and the subject of the appeal, are those uses listed below. • Stage & musical performances • Inflatable bounce houses • Mechanical bull riding • Alcohol sales/consumption • Games1/Face painting • Food trucks2/vendors • High pressured cannons that shoot apples at targets 1/nc/udes activities and games of chance or skill; 2Food trucks onsite that exceed the requirements set forth in CMC §8.32.100. • While not allowed by-right, the City Planner determination does not prohibit any of the uses listed in the table above. Rather, the determination outlines the required permitting processes, specifically a Conditional Use Permit and Coastal Development Permit issued by the California Coastal Commission1, that would be required to allow those uses at this location. The purpose of the permits is to ensure health and safety issues, such as traffic, stormwater, lighting, and noise, can be analyzed and mitigated so the operations do not adversely impact the public or coastal resources. • All activities proposed by the Carlsbad Strawberry Company, including those in the table above, can be allowed as a temporary special event with the approval of a ministerial permit. Such events are short-term in duration (usually over a weekend} and are infrequent in occurrence (occurring once or twice a year}. Such special events may include Oktoberfest or a fundraising event. • The subject property was not included in Proposition D: Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money (2006). Proposition D required the city to develop special zoning standards for all lands located within the voter initiative area. In response, the City Council adopted Chapter 21.209 which created the Cannon Road Agricultural/Open Space Zone. There are two important points of clarification relative to the applicability of Proposition D. o As reflected in Exhibit 1 below, most of the Carlsbad Strawberry Company's current agriculture operations and their requested expanded operations are located on a SO- acre parcel north of Cannon Road, along 1-5 (represented by the uncolored hatched area}. Contrary to many of the comments received, this area was not included as part of Proposition D and therefore is not subject to the standards required under the voter initiative. o The remaining portion of the property along the northern side of Cannon Road was subject to Proposition D. Following City Council approval of Chapter 21.209, the new zoning standards were submitted to the California Coastal Commission for approval. 1The property is located within the Agua Hedionda Segment of the Local Coastal Program where the California Coastal Commission retains Coastal Development Permit review and approval authority. Council Memo – Strawberry Fields Update (District 2) September 15, 2022 Page 3 of Proposition D and therefore is not subject to the standards required under the voter initiative. o The remaining portion of the property along the northern side of Cannon Road was subject to Proposition D. Following City Council approval of Chapter 21.209, the new zoning standards were submitted to the California Coastal Commission for approval. However, the Commission only adopted the standards for properties located south of Cannon Road; in other words, the Chapter 21.209 zoning standards do not apply to the properties located north of Cannon Road (area highlighted in yellow). Exhibit 1 – Proposition D Coverage Area Next Steps City staff continues to discuss the proposed activities and uses with the Carlsbad Strawberry Company operator. Should a mutually agreed upon solution not be achieved within the next few days, the appeal will be presented before the Planning Commission on September 21, 2022. The Planning Commission decision can be appealed to the City Council pursuant to Carlsbad Municipal Code 21.54.150. The determination is not effective until all appeals have been concluded. Attachment: A. Council Memorandum, Dated July 21, 2022 Not adopted by Coastal Commission, will be addressed in future Local Coastal Program Updates Council Memo – Strawberry Fields Update (District 2) September 15, 2022 Page 4 cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Mike Strong, Assistant Community Development Director Eric Lardy, City Planner Scott Donnell, Senior Planner To th~ members of the: J ITY COUNCIL Date?/ii..kicA ~CC V CM __iL_ ACM ✓ DCM (3) V 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) Attachment A {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 "a,ccessory" 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: .CITY COUNCIL Date:'.:.3/ W /;;s-CA _L CC v,,.. . CM ~ ACfVI .Jl'... DCM (3) .:::::_ March 10, 2022 Council Memorandum To: Honorable Ma·yor 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 Fi~lds 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 ·sDG&E near the 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 includingjumpies, expanded produce stand, air cannons that shoot apples, food trucks, canopies, carnival games and other related uses. The city has received complalnts over noise and lighting associated with these activities. Discussion 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 c1 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 l<emp, Assistant City Attorney Don Neu, City Planner July 18, io22 Mr. Mike Howes Howes Weiler Landy Planning & Engi_neering 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 WITl:IIN THE PUBLIC UTILITY {P-U) ZONE Dear Mr. Howes: The Community Development (CD) Department is in receipt of your letter dated May 4, 2022 (Attachment A) where you propose that the various uses identified in your correspondence fall within the intent and purpose provided under either the "Agriculture" and/or "Recreational facilities (public or private, passive or active)" use types, which are permitted within the Public Utility (P-U) Zone without the need for discretionary approval. You · are requesting a City Planner zoning determination pursuant Carlsbad Municipal Code (CMC) §21.36.020.C. OVERVIEW It is important to clarify that the City Planner determination on this matter will not be limited to the subject property, which is located at the northeast corner of Interstate 5 and Cannon Road commonly referred to as the Strawberry Fields;the City Planner determination will apply to all zones citywide that permit or conditionally. permit "Agriculture" and/or "Recreational facilities." Additionally, the Strawberry Fields is comprised of two legal lots (APN 211-010~24 and 211-010-31), which are subject to two different zoning designations. Parcel -31 is subject to the Open Space (OS) Zone and the Commercial/Visitor-Serving Overlay Zone; However, pursuant to CMC §21,208,040, the overlay zone defaults to the underly1ng zoning (bS Zone) for a listing of permitted uses: The latest aerial image shows field crops, additional parking and agricultural equipment on this parcel. Parcel -24 is subject to the Pul;>lic 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, furbearlng 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 ii 11 f- it~ f: ii !t I) ~ fi I I' /: Mr. Howes July 18, 2022 Page 2 to the practice of soil cultivation, crop production, or in varying degrees the preparation and marketing of the resulting products, the City Planner, pursuant to CMC §21.36.020.C, has determined that agriculture is allowed as a permitted use in the P-U Zone. As such, the agriculture activities and uses listed in Table 1 below, as referenced in your letter dated May 4, 2022, -are permitted year-round without the need for discretionary approval. Table 1 -Uses Permitted as "Agricultural" Use Type .. •. Cultfvc1ting fruits (i.e ., strawberries) • Cultivating flowers (i.e., sunflowers} • Cuifivatlng vegetables (i.e., plimpkins/corti) Your letter also referred to a number of activities th.at 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 i • · Fruit & veg, s,a:n·d1 • Flower field visits •: u-_Pic.l~ Puml!f<I_~ • flb~er/~or_n/haunt~~ ~a~~ -.• • Ppoto opp~rtunity are:as . • Shaded tents3 • Tractor rides • Hay bale pyramid ~-.. Story time.i_ .. -. • 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 wJ/1 relate to farming 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 45 (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 CMG §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 facil.ities11 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 at:cessory 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." Mr. Howes July 18, 2022 Page 3 Table 3 -Uses Not Permitted as "Recreational Facilities" or "Agricultural" Use Type • Stag~ & rnusical performances • fnflatabl~ bounce houses • Alcohol sales/consumption • Games1/Face painting • High pressured cannons that shoot apples attarge.ts .. • Mechanical )Juil riding • Food trucks2/veildors l/nc/udes activities and games of chance or skill; 2Food tnicks 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 CMC1 fairgrounds typically involve outdoor exhibitions, activities, and services available to the general public. Pursuant to Table A-Permitted Uses of CIVIC §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 ofCMC §21.36.020 and therefore prohibited. Pursuant to Tab.le A-Permitted Uses of CMC §21.36.020, an Aquaculture Stand is allowed pursuant to approval of a Process 1 (City Planner) Cl/P. Sinc1= Aquaculture3 also involves the propagation, cultivation, maintenance, and harvesting of plants, the City Planner finds, pursuant CMC §21.36.020.C, that an agricultwal 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 §21.42.140.8.10. The agricultural stand products sold must be cpnsistent with the requirements ofCalifornia Health and Safety Code §114375 (c). This decision may be appealed to the Planning Commission purs1.1ant 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-terr:n in nature, usually occurring over two to four days (often over a weekend) and issued for events held on private property. At the conclusion of the event, all equipment and activities associated with the temporary event must be removed and site restored. In the case of the Strawberry Fields, the site would be restored to those uses and operations associated with Table 1 and 2. Alternatively, if the temporary special events listed in the May 4, 2022 letter impact pubic property, including roads, and meet the definition of a Minoror Major Special Event (CMC Ch-apter 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 n\',!ed 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 utllized for human consumption or bait purposes that are maintained in closed systems for personal, pet Industry, or hobby purposes. This definition specifically excludes hydroponics." · i i: f Ii r, Mr. Howes July 18j 2022 Page4 Regarding your request under the Freed.om 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@Carlsbadc:a·.gov Sincerely, [;iJt~ ~ 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.tom ·Jeff Murphy, Community Development Director Mike Strong, Assistant Director Cliff Jones, Principal Planner May4,2022 Jeff, Pfam ning Division Per the direction we received at our last meeting we have attempted to make the att~ched letter as generic as possible. Under the Freedom of Information Act, Jimmy still requests a copy of any letters of complalnt 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 faci:d by agricultural uses in the Coastal area of Southern California. We also believe that these uses can be classified as recreational uses which are permitted by Section 21.36.020 of the Carlsbad Municipal Code which allows Recreational Facilities (public or private, passive or active) by right in the PU, Public Utilities Zone. This is the only zone in Carlsbad that allows recrec1tional uses by right. • Sh.acted Eating areas Vl(ith stage and music • Story Time • Face Painting • Free Games • ·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-Chi.ldren 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 ct.rink arid 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 agrfculture, they are clearly recreational uses which are permitted by righ~ 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 thesmaller bounce facilities within the corn field. Once the corn grows up these children-oriente·ct 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 Fo!.!ndation. The group benefiting from the event can apply for the Special Use Permit. Be.er Garden -This use would only occur on weekends in the last week~nd 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. 1! t: t ,, ) 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 fo 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 1.1ses_. 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 agritourlsm. This is the one locatlon where it is still feasible. This is an opportunity for the City to help tci preserve agriculture rather than encourage its demise. · From what we have been able to determine, there has only been one complaint al:,out the uses at the site related to noise and lights. Thousands of letters of support could be provided from the people that enjoy corning 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 agrii::ulture and affordable family oriented public recreation in the Coastal Zone, which is very rare. This is one of the last vestiges of Old Carlsbad.that still remain to remind people of what Carlsbad used to be. The farmer is willing to have organizations obtain special use permits for the larger events and will address staff concerns about dirt bn 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?"