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HomeMy WebLinkAbout1988-07-12; City Council; 9533; Initiative Petition - Save Open Spacea a, rl -rl u a, P c 0 .rl U -rl U ai a a 5 U (d c U U a U u a b -4 a rl .rl 5 0 U co co I \o c\l I b : .. z 0 E 8 a i 0 z 3 CIT OF CARLSBAD - AGEND’ BILL CITY ATTYS CITY MGa- INITIATIVE PETITION - 7-12-99 SAVE OPEN SPACE RECOMMENDED ACTION: Select one of the options explained below and take the action corresponding with that option. ITEM EXPLANATION An initiative petition has been processed and filed in the Office of the City Clerk. The signatures have been examined per Section 3708 of the Elections Code, and the petition is hereby certified as sufficient. Options now available to the Council, in accordance with the Elections Code, are explained below. Option #1 - Reauest report. Section 4009.5 of the Elections Code provides that the legislative body may refer the proposed initiative measure to any City agency or agencies for a report on any or all of the following: 1) It’s fiscal impact. 2) It’s effect on the internal consistency of the City’s General and Specific Plans including the Housing Element, the consistency between planning and zoning, and the limitations on City actions under Chapters 4.2 and 4.3 of the Government Code. 3) Any other matters that Council requests to be in the report. If the Council determines to request a report, the Elections Code provides that the report shall be presented within the time prescribed by the legislative body, but no later than 45 days after the Clerk certifies the sufficiency of the petition. Therefore, if a report is requested, it must be presented to Council no later than August 26, 1988. If Council desires to implement this option, their action would be to direct the appropriate staff members to return with a report in accordance with Council direction. Option #2 - Introduce the ordinance. Section 4010 of the Elections Code provides that Council may introduce the ordinance without alteration at the meeting at which it is presented. The ordinance would then be adopted within ten (10) days after it is presented. If Council selects this option, their action would be to introduce Ordinance No. d3-23 , which is attached to this agenda bill. PAGE 2 OF AB # 7d33 ODtion #3 - Place the ordinance on the ballot. Section 4010 of the Elections Code also provides that Council may immediately order a special election at which the ordinance, without alteration, shall be submitted to a vote. The next election is November 8, 1988. If Council selects this option, the first action would be to adopt Resolution No. J’,.f-J38, amending Resolution Nos. 88-225 and 88-226, to include the submission of the ordinance to the qualified electors of the City at the November 8, 1988 General Municipal Election. If Council places the matter on the ballot, they need to consider additional actions concerning the filing of arguments and the preparation of an impartial analysis. A. Filina of Arquments. If Council desires to designate a few, or all of their members, to prepare and submit an argument against the ordinance, it would be necessary to adopt Resolution No. TG2yu attached. The dead1 ine for submittal of arguments to the City Clerk’s Office has been established as August 29, 1988. B. ImDartial Analvsis. If Council desires the City Attorney to prepare an impartial analysis on the matter, they should adopt Resolution No. m*2#/ attached. The deadline for the submission of the impartial analysis in the City Clerk‘s Office is August 29, 1988. ODtion #4 - File. The City Attorney is concerned the petition may be in violation of the Elections Code. If the City Council concurs your action is to, by motion, file the petition. EXHIBITS 1. 2. 3. 4. 5. Resolution No. 88- 2 98 , amending Resolution Nos. 88-225 and 88-226 to include the submittal of the ordinance to the voters at the General Municipal Election on November 8, 1988. Resolution No. 8fwafQ, which would allow Council to designate a few, or all of their members to prepare and submit an argument against the proposition. Resolution No. ffOAq/ , directing the City Attorney to prepare an impartial analysis of the proposition. Ordinance No. NS-23, amending the General Plan to prohibit deletions from the General Plan’s 1974 Prime Open Space and Conservation map and the Land Use Element maps’ open areas without 2/3 vote of the people and related changes, and amending the Municipal Code regarding open space to conform to the General Plan Amendments, Permit Development of one residential unit per 10 acres and to prohibit density credit for Open Space dedications in Master Plans. Memorandum from the City Attorney dated July 6, 1988. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NOS. THE HOLDING OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 8, 1988, TO INCLUDE THE SUBMISSION TO THE QUALIFIED ELECTORS OF AN INITIATIVE MEASURE AMENDING THE GENERAL PLAN AND THE MUNICIPAL CODE REGARDING OPEN SPACE. 88-225 AND 88-226 CALLING AND GIVING NOTICE OF WHEREAS, pursuant to the requirements of the laws of the State of California relating to General Law Cities, there has been called and ordered to be held in the City of Carlsbad, California, on Tuesday, November 8, 1988, a General Municipal Election for the purpose of electing two members of the City Counci 1 ; WHEREAS, the City Council desires to submit an initiative measure to the voters amending the General Plan and the Municipal Code regarding open space. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: SECTION 1. That the above recitations are true and correct. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: SHALL AN INITIATIVE MEASURE BE ADOPTED AMENDING THE GENERAL PLAN TO PROHIBIT DELETIONS FROM THE GENERAL PLAN’S 1974 PRIME OPEN SPACE AND CONSERVATION MAP AND THE LAND USE ELEMENT MAPS’ DESIGNATED OPEN AREAS WITHOUT A TWO THIRDS VOTE OF THE PEOPLE AND RELATED CHANGES AND AMENDING THE MUNICIPAL CODE REGARDING OPEN SPACE TO CONFORM TO THE GENERAL PLAN AMENDMENTS, PERMIT DEVELOPMENT OF ONE RESIDENTIAL UNIT PER TEN ACRES AND TO PROHIBIT DENSITY CREDIT FOR OPEN SPACE DEDICATIONS IN MASTER PLANS. SECTION 3. That the proposed ordinance submitted to the voters is attached as Exhibit A. /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. That Resolution No. 88-225 is hereby amended to include this measure to the qualified voters of the City at the General Municipal Election to be held November 8, 1988. SECTION 5. That Resolution No. 88-226 is hereby amended to request the Board of Supervisors of the County of San Diego to authorize the Registrar of Voters to include this measure in the provision of specified services relating to the conduct of the election of the City of Carlsbad. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 1988, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE WHEREAS, a General Municipal Election is to be held in the City of Carlsbad, California, on November 8, 1988, at which there will be the voters the following measure: SHALL AN INITIATIVE MEASURE BE ADOPTED AMENDING THE GENERAL PLAN TO PROHIBIT DELETIONS FROM THE GENERAL PLAN’S 1974 PRIME OPEN SPACE AND CONSERVATION MAP AND THE LAND USE ELEMENT MAPS’ DESIGNATED OPEN AREAS WITHOUT A TWO THIRDS VOTE OF THE PEOPLE AND RELATED CHANGES AND AMENDING THE MUNICIPAL CODE REGARDING OPEN SPACE TO CONFORM TO THE GENERAL PLAN AMENDMENTS, PERMIT DEVELOPMENT OF ONE RESIDENTIAL UNIT PER TEN ACRES AND TO PROHIBIT DENSITY CREDIT FOR OPEN SPACE DEDICATIONS IN MASTER PLANS. NOW, THEREFORE, BE IT RESOLVED that the City Council of submitted to Carlsbad, California, does declare, determine and order as follows: SECTION 1. That the above recitations are true and correct. SECTION 2. That the City Council authorizes the City of to file a written argument regarding the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. /// 1 2 3 4 5 6 7 a 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of , 1988, by the following the City of Carlsbad on the day of vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED ORDINANCE PERTAINING TO A SAVE OPEN SPACE GENERAL PLAN AMENDMENT. WHEREAS, a General Municipal Election is to be held in the City Carlsbad, on November 8, 1988, at which there will be submitted to the qualif voters of said City, the following Proposition, to wit: SHALL AN INITIATIVE MEASURE BE ADOPTED AMENDING THE GENERAL PLAN TO PROHIBIT DELETIONS FROM THE GENERAL PLAN'S 1974 PRIME OPEN SPACE AND CONSERVATION MAP AND THE LAND USE ELEMENT MAPS' DESIGNATED OPEN AREAS WITHOUT A TWO THIRDS VOTE OF THE PEOPLE AND RELATED CHANGES AND AMENDING THE MUNICIPAL CODE REGARDING OPEN SPACE TO CONFORM TO THE GENERAL PLAN AMENDMENTS, PERMIT DEVELOPMENT OF ONE RESIDENTIAL UNIT PER TEN ACRES AND TO PROHIBIT DENSITY CREDIT FOR OPEN SPACE DEDICATIONS IN MASTER PLANS. of ed WHEREAS, the City Council desires to have an impartial analysis prepared showing the effect of the Ordinance on existing law and the operation of the Ordinance; NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Carlsbad as follows: SECTION 1. Pursuant to the provisions of Section 5011 of the Elections Code of the State of California, this City Council does direct the City Attorney to prepare an impartial analysis of the Ordinance. /// /// /// /// /// /// /// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E the SECTION 2. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of ity of Carlsbad on the day of , 1988, by the following The impartial analysis shall not exceed 500 words in length. vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) ORDINANCE NO. NS-23 THE PEOPLE OF THE City of Carlsbad HEREBY ORDAIN AS FOLLOWS: Sectlon 1. INTENT AND PURPOSE OF AMENDMENT TO ELEMENTS. 4, A. The intent and purpose ofthis amendment and ordinance is to secure for the citizens ofthe City the social andeconomic advantages which result from the preservation of open space lands, and thereby protect and preserve the public health, safety and general welfare; 9. It is the intent and purpose of this amendment and ordinance to preserve the quality of life and environmental values of the citizens of the City through a measure which is within its authority and which relates to City and regional concerns; Sectlon 2. FINDINGS, GOALS & POLICIES FOR AMENDMENTS. A. This amendment and ordinance is necessary to protect the public health, safety, and welfare of present and future residents of the City and the region by preserving open space lands throughout the City of Carlsbad. 9. The cumulative impacts of land development, existing, approved, pro- posed and future, in the City contributes significantly to the loss of community aesthetics and environmental values which make the city the unique and beauti- ful area that it is. C. The adverse social and economic impacts created by loss of City owned open space property, and the conversion ofwhat is presently privately held open space are serious enough to require a vote of the people before such land is con- verted to other uses. D. The overriding consideration in a development approval is not the short term economic gain or fleeting social benefits which accrue from approval of a development, but the long term benefits which accrues to all citizens from a balancing of environmental values, preservation of open space and the channel- ing of development to other area not identified in the open space or land use ele- ment as open space. E. Unless adequate provision for open space and protection of environ- mental and recreation resources is made now, growth will occur which is not balanced with adequateopenspace andthe City will eventually experiencea loss of the amenities which many of the citizens in Carlsbad believe are important which will in turn result in a loss of business opportunities, jobs, and a reduction in property values. Section 3. AMENDMENT TO LAND USE ELEMENT. A. The following portions of this Section 3 shall be added to the Land Use Element IV C, after item 16, as item 17. located on page 34 of the Land Use Element. 17. Open Space areas identified on pages 29 through 33, the areas described within items 8.9. IO, I I, and 14(d) of Section IV C. which are shown in part on the General Plan Map (further identified as the base map of the Map printed herein as Exhibit A] as last amended on December 22, I987 by Resolu- tion No. 9324, and the Prime Open Space and Conservation Areas Map, [further identified as the overlay map of the Map printed herein as Exhibit AI identified as Figure 1, page 20 in the Land Use Element shall be the lands which this Amendment applies to. a. No amendment of the Land Use Element of the General Plan. or the Land Use Map with regard to the areas within these designations which are under public ownership as heretofore amended, or any other action of the City Council by which there would be permitted any use of land other than as presently defined in the Land Use Element in the sections referred to in Sec- tion IV C( 17) above, and shown on the attached map as solid and cross hatched areas, shall be valid or effective for any purpose whatsoever unless and until such amendment shall have been approved by a twethirds majority of those voters of the City voting thereon at any regular or special municipal election; and the City Council shall refer any such amendment approved by it tosaid voters pursuant tothe provisions of Section4017 ofthe Election Code of the State of California. b. No amendment of the Land Use Element of the General Plan. or the Land Use Map with regard to the areas within these designations which are under private ownership as of the date of adoption of this measure as hereto- fore amendedorany otheractionofthecity Council by whichthere would be permitted any use ofland other than as presentlydefined in the Land Use Ele- ment in the sections referred to in Section IV (C) (I 7) above. and shown on the attached map as solid and cross hatched areas, shall be valid or effective for any purpose whatsoeverunless and until such amendment shall have been approved by a twwthirds majority ofthose voters of the City voting thereon at any regular or special municipal election; and the City Council shall refer any such amendment approved by it to said voters pursuant to the provisions of Section 4017 of the Election Code of the State of California. However, the following exception will apply: 1. Those lands so identified above shall be exempted from the requirementofSection IV( C)( 17)wherethefollowingisapproved by the City Council: a. The area is general planned for one residential unit per ten( 10) acres, or one residential unit per lot or parcel existingondate of adop tion of this measure, if less than ten (10) acres; and the density so granted is relocated in the least environmentally sensitive area of the property, or b. ThedensitygrantedunderIV(C)( 17)(b)(l)(a)is thesubject of a density transfer. c. The City Council may add additional lands to these area designations without a vote of the people. 9. Section IV E [Bodndary Definition, first Paragraph] first and second sentences are hereby amended to read as follows: It is the intent of the city General Plan Map to show the general outlines of various land use allocations. The boundaries are not intended to be precise. Section IV E (c) [Boundary Definition] is hereby amended to read C. as follows: Where the boundary of the open space area so identified on the Land Use Element Map or the Prime Open Space and Conservation Areas Map follow topographic features such as valley or ridgelines on site which should be pre- served, the topographic boundaries will control the definition of the open space area. D. as follows: Section 1V E (d) [Boundary Definition] is hereby amended to read Where the boundary of the open space area so identified on the Land Use Element Map or the Prime Open Space and Conservation Areas Map follow environmental, resources management, aesthetic and/or view con- siderations, which should be preserved. this section IV (E) (d) shall control the boundary determination to be accomplished within this Section 1V E. Section 4. AMENDMENT TO OPEN SPACE k CONSERVATION ELEMENT. A. DELETE the following: Page 13. D(5). B. REPLACE Page 19, B(3) with the following: For any residential development ofa parcel identified in the Plan, the follow- ing building type is permitted: Single family detached dwelling units, duplexes, and multi-family dwelling units; provided however that the max- imum number of units not exceed 1 unit per ten( IO) acres, or one unit per par- cel or lot existing on date of adoption of this measure. if parcel smaller than ten (IO) acres. Density allowed shall take into consideration the following land carrying capability considerations. [List Remains] I C. REPLACE Page 43, Buenu Vistu L Jn: San Diego County’s Regional Parks Implementation Study recommends that Buena Vista Lagoon be preserved as a nature preserve oriented regional park. The lagoon bottom as it presently exists is owned by organizations interested in such uses. The lagoon is well known as an especially important habitat for fresh and brackish water fowl and both public and private sentiment appears to favor this use. D. The following portions of this Section 4 shall be added to the Open Space and Conservation Element at the end of Section I (D) under the last paragraph located on page 6 of the Element. I. Open Space areas identified herein, which are shown in part on the General Plan Map (further identified as the base map ofthe Map printed herein as Exhibit A] as last amendedon December 22, 1987 by Resolution No. 9324, and the Prime Open Space and Conservation Areas Map, [further identified as the overlay map of the Map printed herein as Exhibit A] identifed as Figure I, page 20 in the Land Use Element shall be the lands which this Amendment applies to. a. No amendment of the Open Space & Conservation Element of the General Plan, or the Land Use Map with regard to the areas within these designations which are under public ownership as heretofore amended, or any other action of the City Council by which there would be permitted any use of land other than as presently defined in the Open Space& Conservation Element in the Map attached hereto, and shown on the attached map as solid and cross hatched areas, shall be valid or effective for any purpose what- soever unless and until such amendment shall have been approved by a two- thirds majority of those voters of the City voting thereon at any regular or special municipal election; and the City Council shall refer any such amend- ment approved by it to said voters pursuant to the provisions of Section 4017 of the Election Code of the State of California. b. No amendment of the Open Space & Conservation Element of the General Plan, or the Land Use Map with regard to the areas within these designations which are under private ownership as of the date of adoption of this measure as heretofore amended or any other action of the City Council by which there would be permitted any use of land other than in the Map attached hereto, and shown on the attached map as solid and cross hatched areas, shall be valid or effective for any purpose whatsoever unless and until such amendment shall have been approved by a two-thirds majority of those voters of the City voting thereon at any regular or special municipal election; and the City Council shall refer any such amendment approved by it to said voters pursuant to the provisions of Section 401 7 of the Election Code ofthe State of California. However, the following exception will apply: I. Those lands so identified above shall be exempted from the requirement of Section I(D)(b) where the following is approved by the City Council: a. The area is general planned for one residential unit per ten (10) acres, or one residential unit per parcel if less than ten( 10) acres; and the density so granted is relocated in the least environmentally sensi- tive area of the property, or b. The density granted under I (D) (b) (1) (a) is the subject of a density transfer. The City Council may add additional lands to these area designations c. without a vote of the people. Section 5. AMENDMENT TO 0-S OPEN SPACE ZONE A. The following portions of this Section 5 shall be added to the 0-S Open Space Zone Ordinance, Chapter 21.33. B. ADD to Q 2 1.33.040 as ( 14) One residential unit per ten( 10) acres, or one residential unit per lot or parcel existing on the date of adoption of this measure, if less than ten ( 10) acres; C. ADD to 5 21.33.050 Minimum lot sizes for R-1 zone shall apply. D. ADD to § 21.33.060 Height limitations for the R-I zone shall apply to residential uses. E. ADD Q 21.33.070 Open Space Designation Regulations. a. Open Space areas identified herein, which are shown in part on the General Plan Map [further identified as the base map of the Map printed herein as Exhibit Ai as last amended on December 22, I987 by Resolution No. 9324, and the Prime Open Space and Conservation Areas Map,[ further identified as the overlay map of the Map printed herein as Exhibit A] iden- tified as Figure I, page 20 in the Land Use Element shall be the lands which this Amendment applies to, and be incorporated by reference within this ordinance. b. No amendment of the 0-S - Open Space Zoning Ordinance, or the Map attached hereto as Exhibit A, with regard to the areas within these designations which are under public ownership as heretofore amended, or any other action of the City Council by which there would be permitted any use of land other than as presently shown on the attached map [ Exhibit A] as solid andcross hatchedareas, shall be validor effective for any purpose what- soever unless and until such amendment shall have been approved by a two- thirds majority of those voters of the City voting thereon at any regular or special municipal election; and the City Council shall refer any such amend- ment approved by it to said voters pursuant to the provisions of Section401 7 of the Election Code of the State of California. c. No amendm. of the 0-S - Open Space Zone or the Map attached hereto as Exhibit A, with regard to the areas within these designations which are under private ownership as of the date of adoption of this measure as heretofore amended or any other action of the City Council by which there would be permitted any use of land other than shown on the attached map [Exhibit A] assolidandcross hatchedareas, shall bevalidoreffective for any purpose whatsoever unless and until such amendment shall have been approved by a two-thirds majority ofthose voters of the City voting thereon at any regular or special municipal election; and the City Council shall refer any such amendment approved by it to said voters pursuant to the provisions of Section 4017 of the Election Code of the State of California. However. the following exception will apply: 1. Those lands so identified above shall be exempted from the requirement of Section (c) where the following is approved by the City Council: a. The area is general planned for one residential unit per ten (IO) acres, or one residential unit per lot or parcel existing on the date of adoption of this measure if less than ten ( 10) acres; and the density so granted is relocated in the least environmentally sensitive area of the property, or b. The density granted under (c)(l)(a) is the subject of a density transfer. d. The City Council may add additional lands to these area designations without a vote of the people. Section 6. AMENDMENT TO P-C PLANNED COMMUNIIY ZONE: A. Amend 5 21.38.060 Contents of master plan Delete first sentence of Section (C). Add new first sentence as follows: At least fifteen percent ofthe total master planned area is required as open space, with no residential use credit as allowed in Q 21.33.070, in addi- tion to any offsite open space contiguous to the Master planned com- munity being proposed. Section 7. EXEMPTIONS The following are exempt from the provisions of this General Plan Amend- ment and Ordinance: 1. Any development which is built but not shown on the map; any pro- perty which has a Final Tract Map on file; or any use which is vestedprior to the adoption of this ordinance. Section 8. CAVEAT A. This Amendment and Ordinance is inconsistent with and intended as an alternative to any initiative Amendment and Ordinance which would change the General Plan designation and/or zoning of any open space lands within the City of Carlsbad which is on the same ballot. If this ordinance and any such initiative ordinance are both passed by a majority voting thereon then the one with the most votes will prevail. 3 Section 9. IMPLEMENTATION. A. Upon the effective date of this initiative, the general plan of the City shall be deemed to be amended; and ordinance adopted. Section IO. AMENDMENT OR REPEAL A. This amendment and ordinance may be amended or repealed only by a two-thirds (2/3) majority of the voters at a general election. Section 11. SEVERABILITY. A. Ifany section, subsection, part, subpart, paragraph, clause or phrase of this amendment and ordinance, or any amendment and ordinance or revision of this amendment and ordinance is for any reason held to be invalid or unconstitutional; the remaining sections, subsections, parts, subparts, para- graphs, clauses or phrases shall not be affected, but shall remain in full force and effect.