Carlsbad City Zoning Code
CHAPTER 21
209 CR-A/OS CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE
§ 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 in Section 21.209.040;
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.
(Ord. CS-317 § 8, 2017)
§ 21.209.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the following meaning established by this section:
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.
means a use that is permitted only if developed in conjunction with and/or in support of at least one primary use.
(Ord. CS-317 § 8, 2017)
§ 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 public uses.
b.
Protect and preserve existing natural habitats and encourage the restoration of disturbed areas of habitat.
c.
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.
(Ord. CS-317 § 8, 2017)
§ 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 City 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 City 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.
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 | |
Agricultural farm worker housing (see note 1 below) | 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 | |
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 City 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 2 below) | X | |
Retail sales of agricultural crops and related products limited to a cumulative area of 1,000 square feet or less | X | |
(examples: on-premises 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-premises 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 | |
Civic and public gathering spaces (examples: art display, gazebos, public plazas, sitting areas, water features, wedding areas) | X | |
Community meeting 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 | |
Picnic areas | 1 | |
Sports or recreation center (public outdoor) (examples: athletic courts and fields, 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 | |
Secondary Open Space Uses | P | CUP |
Food service, including restaurants and cafés, limited to a cumulative area of 500 square feet or less | X | |
Food service, including restaurants and cafés 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 2 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 | 2 | |
Notes: | |
|---|---|
1. | Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. |
2. | Subject to special events (Chapter 8.17 of this code), minor special events on private property and/or temporary sales location permits as appropriate. (Ord. CS-317 § 8, 2017) |
(Ord. CS-317 § 8, 2017)
§ 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.
(Ord. CS-317 § 8, 2017)
§ 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.
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.
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:
B.
Decision-Making Process.
1.
A minor site development plan shall be processed in accordance with the applicable provisions of subsection C and Chapter 21.06 (Q-Qualified Development Overlay Zone) of this title, including the requisite findings therein. The City 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 subsection 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.
(Ord. CS-317 § 8, 2017)
§ 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 City 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.
(Ord. CS-317 § 8, 2017)
§ 21.209.080 Development and design standards.
A.
Lot Coverage. Lot coverage shall not exceed 50% of the lot.
B.
Lot Area, Minimum. 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. 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 25 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 35 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. Consistent with guiding principle Section 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.
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 City Planner in order to determine an appropriate parking requirement.
G.
Public Art.
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. 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.
J.
Civic and Public Gathering Places. 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.
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.
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 City Planner.
(Ord. CS-317 § 8, 2017)
§ 21.209.090 Severability.
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.
(Ord. CS-317 § 8, 2017)