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HomeMy WebLinkAbout1988-07-19; City Council; 9550; Open Space Subcommittee Final ReportCI' c_ OF CARLSBAD - AGENL-, BILL tf @ MTG, 7-19-88 DEPT. cc CITY COUNCIL OPEN SPACE DEPT. HD.~ AB# 7550 ITITLE SUBCOMMITTEE AND FINAL REPORT AND RECOMMENDATIONS - CITY ATTY COUNCIL MEMBERS LARSON AND PETTINE CITY MGR. RECOMMENDED ACTION: The City Council Subcommittee recommends that the City Council take the following actions: 1. To decide to place on the ballot an alternative advisory open space measure. 2. Direct staff to prepare an interim ordinance which would lock in place the City's current open space and would restrict any changes or modifications until the advisory measure is voted on in November and if approved would remain in effect until the committee makes it recommendations. Council may consider taking action on the SOS Proposal of July 19, 1988, or some varlation of that proposal and the subcommittee recommendations. 3. ITEM EXPLANATION: The City Council on June 17, 1988 appointed Council Members Larson and Pettine to a subcommittee to work with staff and draft an alternative open space initiative. This committee has met with staff several times and has completed drafting an This alternative initiative for the Council's review. initiative is attached as Exhibit 1. During the course of the City Council Subcommittee's work, it has become apparent that an alternative approach may be more effective in dealing with the City's open space issues. It is for that reason that the Subcommittee has developed an alternative advisory open space measure which is attached as Exhibit 2. The advisory measure would ask the citizens of Carlsbad if they feel a committee should be appointed by the Council to review the Cityls current Open Space Program and related policies. It is the Subcommitteegs belief that this approach would allow the City to more effectively address citizen concerns regarding open space. The advisory measure would require that the City Council appoint an eleven member citizen review committee following the November election. The task of this committee would be to review and make recommendations on the Cityls current Open Space Program and related policies. If the City Council places this advisory measure on the ballot, it is also our recommendation that the Council adopt an interim ordinance which would restrict the City Council from making any changes to the current Open Space Program and related policies. Attached as Exhibit 3 is the main provision which would be incorporated into a complete ordinance. This ordinance would remain in effect for one year or until the committee makes its recommendations. Page Two of Agenda Bill No. q3@5& The Subcommittee will be making a brief report at the Council meeting and will be available at that time to answer any questions you may have. EXHIBITS 1. Draft Open Space Initiative 2. 3. Proposed Interim Ordinance - Main Provision 4. SOS Proposal dated July 19, 1988 Recommended Advisory Open Space Measure EXHIBIT 1 AN INITIATIVE HEASURE BY THE PEOPLE OF THE CITY OF CARISBAD, CALIFORNIA AMENDING THE GENERAL PLAN AND THE ZONING ORDINANCE TO ENSURE THAT OPEN SPACE LANDS ARE PRESERVED AND PROTECTED IN THE CITY. This measure is an amendment to the Open Space and Land Use Elements of the General Plan and to the Zoning Laws, Title 21 of the Municipal Code of the City of Carlsbad. The People of the City of Carlsbad hereby ordain as follows: Section 1 - Statement of Pumose and Intent A. As part of the City of Carlsbad's Growth Management Plan, standards were adopted to restrict the development of environmentally sensitive areas ,and to require the preservation of open space. As a result of the Growth Management Plan, approximately 40% of the total land area in the City must be retained in open space. The purpose of this measure is to guarantee that the open space provisions of the Growth Management Plan are followed. B. The intent and purpose of this measure is to secure for the citizens of the City the social and economic advantages which result from the preservation of open space lands, and thereby protect and preserve the public health, safety and general welfare: C. It is the intent and purpose of this measure 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. D R A F T 7/1/88 1 Section 2 - Pindinus A. This measure is necessary to protect the public health, safety, and general welfare of present and future residents of the City and the region by preserving open space lands throughout the City of Carlsbad; B. The cumulative impacts of land development in the City can contribute significantly to the loss of community aesthetics and environmental values which make the City the unique and beautiful area that it is; C. Unless adequate provision for open space and protection of environmental and recreation resources is made now, growth will occur which is not balanced with adequate open space and the City will eventually experience a 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; D. This measure will protect and conserve natural resources, fragile ecological areas, unique natural assets and other environmentally significant open space areas which are part of the character and image of Carlsbad; E. This measure will further the open space provisions of the City's Growth Management Plan which requires the protection of existing open space areas and increased open space for existing and future citizens; F. The adverse social and economic impacts created by loss of City owned open space property, and the conversion of presently held open space are serious enough to require a vote of the people before such land is converted to other uses. D R A F T 7/1/88 2 Section 3 - Definitions For purposes of this measure, the following words and phrases shall have the following meanings: A. Floodway - A river channel and adjacent land area within a floodplain needed to carry a one hundred (100) year frequency flood without increasing the water surface elevation more than one (1) foot at any point. The boundary of the 100 year floodway shall be determined using data contained on the City's National Flood Insurance Maps. B. Open Space Land - Any designated parcel of land or water which is essentially unimproved and devoted to an open space use. Specific uses permitted on Open Space land are those defined in Chapter 21.33 of the Carlsbad Municipal Code; the Open Space (OS) Zone. C. Open Space Map - The map printed and attached hereto as Exhibit IrAnl which identifies presently designated open space lands, environmentally- sensitive areas and those portions of the City where an additional 15% of the total land area, exclusive of environmentally sensitive lands, must be set aside for permanent open space. This map amends all graphic exhibits presently contained in the General Plan which locates, portrays or represents designated open space areas. If this measure is approved then this map will control. D R A F T 7/1/88 3 D. Permanent Bodies of Water - Permanent bodies of water consist of the three lagoons (Buena Vista, Agua Hedionda, Batiquitos), Lake Calavera and other small year round bodies of water such as ponds and streams. E. Riparian Habitats - Vegetative areas located on the banks of freshwater bodies, rivers, streams and creeks, characterized by plant and animal communities which are dependent upon the transport of freshwater in excess of that otherwise available through local precipitation. The precise boundaries of the habitat shall be determined through the environmental review process by a biological study. F. Wetlands - A land area which is transitional between a lagoon or other permanent body of water and dry land where the water table is usually at or near the surface or where the land is intermittently covered by water. Wetland includes in addition to the wetland itself a buffer area of an appropriate size to protect the environmental and functional habitat values of the wetland. The boundary of a wetland area shall be determined through review of environmental studies and consultation with the California Department of Fish and Game. D R A F T 7/1/88 4 Section 4 - General Provisions A. Development of the following environmentally- sensitive, open space areas shall be prohibited: (1) Permanent bodies of water (2) Wetlands (3) Floodway (4) Hillside land with a slope greater than 40% (5) Riparian habitats (6) Other publicly owned or dedicated environmentally-sensitive areas including but not limited to Hosp Grove and San Marcos Creek Canyon. B. No hillside land with a slope of 15% or more and an elevation differential greater than 15 feet shall be developed unless a hillside development permit is first issued by the city. The City Council shall not approve any such permit unless it is assured that development density and intensity relates to the slope of the land and that it will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetative areas; C. The City has been divided into 25 planning zones. Each one of these zones is required to meet the provisions of the Growth Management Plan whereby 15% of the vacant land area, exclusive of environmentally-sensitive open space areas, shall be set aside for permanent open space. Density credit may be permitted for this additional 15% open space. Section 5 - Protected men Space Lands A. The Open Space Map identifies the officially designated open space lands to which this measure applies. Except as provided in this Section, no amendment to the boundaries of these lands or any other action by the City Council D R A F T 7/1/88 5 which would allow these lands to be used for anything other than open space purposes shall be valid or effective 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 election. B. The Open Space Map identifies locations of planned open space some of which are not intended to be precise, legally- described boundaries and, therefore, have to be more specifically defined over time. Where the boundary of an open space area follows topographic, environmental and/or resource management considerations, which should be preserved, these considerations shall control the definition of the boundary of the open space area. C. In no case shall any open space location shown on the Open Space Map be removed from the map without the approval of the voters as provided in paragraph (A) of this section. D. Additional open space may be added to the Open Space Map by the City Council at any time in the future. Once additional open space is added to the Open Space Map it can only be removed or amended as allowed by this measure. E. Defining the exact boundary of future, planned open space as identified on the Open Space Map is intended to enhance the quality and preservation of future open space and will require consideration at two (2) public hearings for this purpose. One public hearing before the Planning Commission to make specific recommendations to the City Council and one before the City Council where the following findings must be made in order to adjust any open space boundaries: D R A F T 7/1/88 6 (1) The effect of the boundary adjustment results in an open space area of equal or greater area: and (2) The adjustment is made in order to provide an enhancement to an environmentally sensitive area; and (3) The adjusted open space is contiguous or within close proximity to the open space shown on the Open Space Map. F. The City Council may also modify the boundary shown on the Open Space Map if it finds that the modification is necessary to mitigate a sensitive environmental area provided the boundary modification is replaced with environmentally-sensitive open space at a 2 to 1 ratio and.is within close proximity to the original area of open space. Section 6 - Permitted Uses In Own SDace Lands A. Land shown as open space under this measure is intended to remain essentially unimproved and devoted to uses within one of the open space categories as defined below: (1) Preservation of natural resources. (2) The managed production of resources such as agricultural land. (3) Outdoor, cultural, and active recreation. B. Specific uses permitted in areas defined as open space under this measure shall conform to one of the three areas of open space defined above and shall conform to the uses permitted in the Open Space Zone (Chapter 21.33 of the Carlsbad Municipal Code). D R A F T 7/1/88 7 Section 7 - Codification of Measure This measure is an amendment to the City of Carlsbad's Land Use and Open Space Element of the General Plan and to Title 21 of the Carlsbad Municipal Code. The City Council shall cause the provisions of this measure to be appropriately codified by making all necessary conforming additions or revisions into the General Plan and Municipal Code. Section 8 - Exemtions The following are exempt from the provisions of this General Plan Amendment and Ordinance: 1. Any property with a tentative or final tract map approved prior to July 1, 1988. 2. The City Council may permit limited development of a property if, when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. Section 9 - Caveat This amendment and ordinance is in conflict with and intended as an alternative to any initiative amendment or ordinance which would change the General Plan designation and/or zoning and/or otherwise restrict or allow uses 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. Under no circumstances shall any effort be made to attempt to reconcile any of the provisions of any two such measures. D R A F T 7/1/88 8 Section 10 - Severability A. If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment and ordinance is for any reason held to be invalid or unconstitutional; the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected, but shall remain in full force and effect. In particular, if a question is raised about the legality of the two-thirds vote requirement in Section 5 and it is invalidated, it is the express intention of the p >le that this measure continue in full force and effect with a m -ity vote in accord with Section 4017 of the Elections Code. D R A F T 7/1/88 9 x EXHIBIT 2 OPEN SPACE ADVISORY MEASURE THE CITY COUNCIL OF TEE CITY OF CARLSBAD APPOINT A CITISBNS COMMITTEE TO STUDY AND REVIEW THE CITY'S OPEN SPACE PROGRAMS AND REI;ATED POLICIES? The purpose of this advisory measure is to assess the citizens of Carlsbad desire for the City Council to officially review it's Open Space program and related policies. Preservation and conservation of Open Space in the City of Carlsbad is extremely important. The City Council is committed to the long term attainment and preservation of this important public resource. The City Council has shown its interest in obtaining additional open space and has taken several actions to do so, including the creation and adoption of a specific open space performance standard in the Growth Management Program. The citizens of Carlsbad have shown their interest in preserving and protecting the City's current and future open space and, therefore, the City Council believes that a citizens committee is needed to review the City's current open space program and related policies. On the City Council placed a moratorium on the processing of all open space within the City of Carlsbad. This action was taken to allow the advisory measure to be voted on by the citizens of Carlsbad. ! I. EXHIBIT 3 Proposed Interim Ordinance - Main Provision No application for any general plan amendment, zone change, master plan or other entitlement will be accepted, processed or approved by the City of Carlsbad which would decrease the size or diminish the environmental quality of open space as it is shown on the map titled "General Plan Map, City of Carlsbadtt dated April, 1987. In addition, no amendments will be made changing or deleting the open space standards adopted pursuant to Chapters 21.90 (Growth Management Ordinance), Chapter 21.95 (Hillside Development Regulations) and Chapter 21.53 (Open Space and Environmentally Sensitive Lands) of the Carlsbad Municipal Code. I July 19, 1988 SOS Modified "Fourth of July" Agreement 1. Council to appoint a balanced Citizens Committee of no less than 15 persons to review the Open Space Element of the General Plan and related ordinances. Council to commence formation of the committee as soon as possible. Council to appoint eight members representing the community at large and seven members from a list of fourteen names provided by the following: (1) League of Women Voters, (2) SOS, (3) Sierra Club, (4) Audobon Society, (5) La Costa Town Council, (6) two major homeowners associations in separate quadrants, (7) Chamber of Commerce. Two names to be submitted by each group; council to select which of the two shall serve. 2. Council to impose an informal moratorium on the conversion of existing, undeveloped land shown as Open Space on the Land Use/General Plan map as last amended and/or the Open Space Element map of Prime Open Space and Conservation Areas. Gommencing as soon as possible and continuing urrtil the completion of the citizens' review. c . ., July 26, 1988 TO: MAYOR COUNCIL MEMBERS FROM: Co,unci 1 Member Pettine Counci 1 Member Larson OPEN SPACE SUBCOMMITTEE FOLLOW-UP AND RECOMMENDATIONS The Council Subcommittee on Open Space met with representatives of S.O.S. on Saturday, July 23, 1988. At this meeting a review of the S.O.S. proposal and all of the other information available was completed. Following this meeting, the S.O.S. representatives presented our proposal of July 21, 1988, as contained in our letter to Jim Swab, along with additional input from Saturday's meeting to the entire S.O.S. group. The S.O.S. representatives have indicated to us that this proposal was accepted by a majority vote of the S.O.S. group. This proposal is summarized below with the addition of on sentence which is shown in bold print and is underlined. We will be recommending that the City Council at their meeting on July 26, 1988 take the following actions: 1. File the SOS Initiative. 2. Direct staff to prepare an interim Open Space Ordinance which would place a moratorium on the City's Open Space as shown on the updated Open Space Map. As directed staff is updating the official Open Space Map. It is staff's intention to have this map completed and presented to the City Council along with the proposed Interim Ordinance at the August 9th City Council meeting. The main provision of the Interim Ordinance would be as follows: No appl ication for any General P1 an Amendment, Zone Change, Master Plan or other entitlement will be accepted, processed or approved by the City of Carlsbad which would decrease the size or diminish the environmental quality of open space as it is shown on the map titled, "Open Space Map, City of Carlsbad" dated August 9, 1988, which contains the City's existing and future open space plan.