HomeMy WebLinkAbout1989-09-05; City Council; 10239 Exhibit 1; REPORT OF THE CITIZENS COMMITTEE FOR REVIEW OF CARLSBAD'S OPEN SPACE PLAN AND PROGRAMS-
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REPORT OF THE
CITIZENS COMMlnEE FOR REWEW OF
CARLSBAD’S OPEN SPACE PLAN AND PROGRAMS I
JULY, ; I Ciiy of Carlsb
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CITIZENS COMMITTEE MEMBERS
Kip McBane, Chairman
Courtney Heineman, Vice-chairman
Fay 0. Hound, Jr., Vice-chairman
Carman Cedola
Tom Freeman
Homer Hupf
S. Elaine Lyltleton
Stephen M. Novak
Julianne Nygaard
Kathy Parker
Alan Recce
Margaret Stanton
Cindy Ward
Patricia M. White
Robert E. Wilkinson
Girard W. (Let&) Anear, Alternate
Mario 8. Monroy, Alternate
1 STAFF
Michael J. Holzmiller, Planning Director
Charles D. Grimm, Assistant Planning Director
Mike Howes, Principal Planner
Bobbie Hoder, Sr. Management Analyst
Anita Ramos-Bonas, Secretary
Betty Buckner, Minutes Clerk
CONSULTANTS
Kathleen Garcia, Wallace Roberts & Todd
Paul Rookwood, Wallace Roberts & Todd
Bill And'erson, Economics Research Associates
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I C. Description of Contents of Report ............ I- 3
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TABLE OF CONTEMS
PAGE
SECTlON 1. INTRODUCTION AND BACKGROUND I- I
A. Charge of Committee ............................... I- 1
B. Summary of Items Reviewed I- I ....................
SECTION 11- OVERAU. FINDINGS AND MAJOR POLICY
RECOMMENDATIONS I1 - 1
SECTION Ill. TOPICS CONSIDERED AND SPECIFIC, DETAILED
RECOMMENDATIONS 111 - 1
A. Current Status of Open Space ....................... 111 - 1
C. Desired Status of Open Space at Buildout ..... Ill - 20
8. Status of Open Space at Buildout Under
Current Policies and Standards ...................... Ill - 14
SECTION n/. RECOMMENDATIONS ON UPDATED OPEN SPACE AND
CONSERVATION ELEMENT IV - 1
SECTION V. APPENDIX - VOLUME I!
A. StafflConsultant Reports ............................... A- 1
8. Committee Minutes ..................................... B- 1
C. Commentsllnput From Public ...................... c- 1
D. List of Approved Motions ............................ 0- 1
E. Matrix of Comparison with Other Cities ...... E- I
F. Financing Matrix .......................................... F- 1
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LIST OF ILLUSTRATiONS
I Financing Techniques Matrix.. . IV- 24
Open Space and Conservation Map ...
Comprehensive Open Space Network Map ...
IV- 25
IV- 26
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SECTION 1. INTRODUCTION AND BACKGROUND
I A. CHARGE OF CITIZENS COMMlmEE
In 1988, concern was expressed about the adequacy and protection of Open Spac
Carlsbad. In response to that concern, the City Council passed an interim urgt
ordinance locking into place the City’s current Open Space plans and ordinances
the same time, the Council decided to appoint a 75-member Citizens Committee.
general charge given to the Citizens Committee was to review the City’s existing C
Space plans and programs and to report on their adequacy and the overall statL
Open Space protection in Carlsbad.
The more specific charge given to the Committee was as follows:
1.
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Thoroughly review the City’s present policies, standards, plans and progfi
regarding Open Space in Carlsbad.
Review and provide input on the draft of the updated Open Space Element
Open Space Map which reflects the City’s present Open Space plan.
Make recommendations on specific changes, modifications or refinement,
address any identified areas of concern or issues regarding Open Space.
Prepare a final report on the status of Open Space protection in Carlsbad.
2.
3,
1 4.
5, The charge of the Committee is not to specifically review or n
recommendations on individual parcels of land within the City. The Committ
review should focus on standards, goals, policies and programs of the
relating to Open Space.
8. SUMMARY OF ITEMS REVIEWED
The Committee met from December, 1988 through July, 7 989 and faithfully addressec
charge. The full Committee met 16 times. This included a Saturday field tour of the
and a Saturday public input workshop. Five, three-member subcommittees were fori
to prepare recommendations on different topics for full Committee consideration. Fin
subcommittees were appointed to draft an updated Open Space and Consema
Element and to draft a final report.
In fulfilling its task, the Open Space Committee used the following approach. First
attempt was made to define what is meant by Open Space today. A detailed workt
was provided to each Committee member which contained the complete text o
existing ordinances and policies regarding Open Space.
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The entire first five working meetings of the Committee were devoted to :
presentations explaining the City’s current Open Space plans and programs. During
phase of its work, the Committee also examined how Open Space is depicted (mz
graphics), how it is used and maintained, how it is protected, and finally, wha
“counted to meet the City’s Open Space performance standards. The following rep
were prepared by staff and the consultants and reviewed by the Committee (copies
the reports are included in the appendix):
1.
2.
3.
4.
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Summary of City of Carisbad Open Space Provisions - undated.
Open Space Report to Citizens Committee to Study Growth dated 6/27/88.
General Plan and Updated Open Space flement dated 2/8/89.
15% Open Space Performance Standard of Growth Management Plan /Der
Transfer and Clustering dated 2/8/89.
Carlsbad Open Space Review Comparative Studies wlmatrix -undated.
Methods of Acquisition and Funding - undated.
Carlsbad Agricultural Programs - undated.
Administration of Open Space dated 3/8/89.
5.
6.
7.
8. 1 9. Trail System dated 3/8/89.
10.
1 1.
DescriptionlPurpose of Open Space Map dated 3/22/89.
Open Space Administration Systems dated 3/30/89.
With this basis of understanding, the Committee then projected the amount and status of 01
Space into the future, to ultimate buildout of the City and beyond. To make this projection, 1
much help from the City staff, it was assumed that the current plans, policies, programs, l
standards would remain in effect to buildout. Finally, the resultant projection (or “snapshot‘? 1
evaluated by the Committee to determine if the inventory and status of Open Space un
existing policies would produce the type of City that would be a desirable place to live, w 1 or visit.
Based on this evaluation, the Committee came to the conclusion that several additic
measures could be taken which would involve features not currently envisioned by
incorporated into the City’s existing Open Space plans and policies. These features constir
the key elements of the Committee’s recommendations and form the basis for its report.
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C. DESCRIPTION OF CONTENTS OF REPORT
Besides this introductory section, the Committee’s Report contains four other additional sectic
Section I1 includes the Committee’s Overall Findings and Major Policy Recommendations. i
is written in the form of an executive summary or preamble highlighting the Committee’s m,
policy recommendations.
Section 111 includes a more detailed description of the Topics Considered by the Committee i
specific recommendations regarding those topics (specific recommendations are highlightec
bold type and followed in parenthesis by the vote of the Committee). This section is arran!
according to the approach used by the Committee which was described in Subsection B abc
I) Current status of Open Space, 2) Status of Open Space at buildout under current policies i
standards, and 3) Desired status of Open Space at buildout. It is not arranged in term: 1 prioriiy of the recommendations.
1 Conservation Element.
Section IV contains the Committee’s recommendations for an Updated Open Space i
Finally, Section V is an Appendix to the Report which includes a copy of all the stafflconsult
reports reviewed by the Committee, copies of Committee minutes, comments received at
public input workshop, a complete list of all the motions approved by the Committee, a ma
showing a comparison of Carlsbad’s Open Space program with other cities and a financ
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I SECTION 11. OVERALL FINDINGS AND MAJOR POLICI
RECOMMENDA TlONS
Based on its evaluations, the Committee concluded that there are a number of gaps in cur
Open Space programs and at present there is no cohesive policy nor any plan setting f
Open Space goals and guiding acquisitions, protection, maintenance and financing. To rem
these perceived deficiencies, the Committee agreed, generally unanimously and alw
overwhelmingly, on Open Space policies to enhance the beauty of the city and quality of lif
its citizens, both for the near future and looking ahead to buildout. These policy matters I R be summarized as follows:
1. In order to focus City efforts in setting Open Space goals and guiding preserval
acquisition and maintenance of Open Space, the Committee urges that an Open Sp,
plan embodying the Committee’s detailed recommendations be drafted as the bt
framework for Open Space policy.
2. Because no public body has been designated as advocate and policy maker
Open Space, and no existing group is charged with the responsibility for developins
Open Space plan, the committee has recommended unanimously that the City Cou
authorize and appoint an advisory Open Space Commission. That commission wc
recommend Open Space policy; fashion a plan in accordance with that policy; mor;
implementation; act as advocate on Open Space matters before the City Council l
Planning Commission; recommend priorities for Open Space acquisition, use (
maintenance, to be exhibited graphically on an Open Space map; and set and re
guidelines for specific project review of Open Space.
3. Information submitted to the Committee showed that a very small percentagt
Carlsbad’s existing Open Space is accessible to the public except on a visual ba
The Committee felt strongly that the city should work toward ameliorating this situa
by emphasizing the desirability of public access in future Open Space acquisitions l
by public ownership where feasible. However, the committee recommends that 01
Space be a mix of private and public ownership.
4. Since surveys by the state have shown that the most popular outdoor activiti
and those with the greatest participation, are individual pursuits such as walking I
hiking, the committee recommends unanimously that the City Council give high pric
to studies preparatory to establishing a trail system throughout the city. The commii
recommends further that trail routes and connections be given urgent consideratior
staff’s Open Space negotiations with developers.
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5.
protection, improvements and maintenance may be summarized as follows:
The Committee strongly recommends that new developments should support at leas
Open Space needs of the occupants of such developments. These requirements sh(
be satisfied through exactions including, but not limited to: legislative protection; Qui
Act dedication; park-in-lieu fees; industrial recreation fees; and setback requirements
provision of essential improvements and the adoption of appropriate local fa(
management plans, master plans and specific plans. In those instances where exact
may not provide the required Open Space, other acquisition, protection, or financing
be necessaly, with emphasis on the policy that funding should come primarily from th
benefitting from the Open Space and in direct proportion to the benefits derived.
In the case of “build-out“ sections of the Ciiy, the Committee feels that General Obliga
Bonds are a highly desirable source of funding for acquisitions, protection, improvemc
and specifies further that such bonds should be the choice for funding particular/
those cases where the greatest number of voters will benefit from the acquisition.
those instances where the proposed benefits do not seem to justify issuance of Gen
Obligation Bonds, the full spectrum of alternative funding should be explored.
Finally, to encourage private gifts for Open Space acquisition, protection, improveml
and maintenance, the Committee recommends the City promptly create a trust or o
mechanism to accept such gifts and make arrangements to identify, as the dc
requests, those Open Space projects resulting from such gifts.
6. Effort should be made to accumulate Open Space in the largest possible par(
and to create natural and manmade links between Open Space areas, giving
perception of large Open Space areas and facilitating construction of the trail sys
outlined in Point 4 above. Furthermore, the committee urges that the city strive fc
balance of visual, passive and active Open Space within each of the city’s ,
quadrants.
7. The Committee feels that it is particularly desirable to preserve Open Space ar
as buffers around ecologically sensitive areas, to encourage development
culturalleducational amenities in suitable Open Space areas and to leave natural 0,
Space areas in their natural state.
8. With respect to protection of undeveloped areas, the committee recommends
a city permit be required to clear such areas and that the city be responsible
monitoring the development and construction process from beginning to end, to a
possible violation of Open Space policies and regulations.
The Committee’s recommendations on the financing of Open Space acquisi,
I
All of these recommendations are discussed in greater detail in the section of the Report wt
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SECTION Ill. TOPICS CONSIDERED AND SPEC/F/C
RECOMMENDA TIONS
1 A. Current Status of Open Space
1. What is it and how much does the City have?
a. Definition
The City's current definition of Open Space is contained in its 1973 Open Space Nement
well as in the more current Element (proposed December, 1988). The definition, which fr
conforms with the State's requirements, is the same in both of these Elements and is excerpl I below:
Open Space Land in Carlsbad is defined as "...Any parcel or area of land or
water which is essentially unimproved and devoted to an Open Space use as
defined in this section and which is designated on a local, regional or state Open
Space plan as any of the following:
1. Open Space for the preservation of natural resources including, but not limii
to:
a) areas required for the preservation of plant and animal life, includ
habitat for fish and wildlife species;
areas required for ecologic and other scientific study purposes; b) I c) rivers, streams, bays, lagoons and estuaries;
d) coastal beaches, lakeshores, banks of rivers and streams, and waterst
lands.
2. Open Space used for the managed production of resources, including but I
limited to:
a)
b)
c)
forest lands, rangeland, agricultural and horticultural lands;
areas required for recharge of ground water basins;
bays, estuaries, marshes, rivers and streams which are important for 1
management of commercial fisheries;
areas containing major mineral deposits, including those in short supf: d)
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3. Open Space for outdoor recreation, including but not limited to: I a) areas of outstanding scenic, historic and cultural value;
b) areas particularly suited for school playgrounds, park and recreat,
purposes, including access to lakeshores, beaches, lagoons, rivers s
streams;
areas which serve as links between major recreation and Open SPE
reservations, including utility easements, banks of rivers and streams, tra
scenic highway and railroad corridors;
areas which buffer between land uses and separation from surround
communities.
c)
d)
4. Open Space for public health and safety, including but not limited to:
a) areas which require special management or regulations because
hazardous or special conditions such as safety zones in the vicinify
airports, earthquake fault zones, steep slopes, unstable soil areas, flc
plains, watersheds;
areas presenting high fire risks;
areas required for the protection of water quality and water reservoirs
areas required for the protection and enhancement of air quality."
b)
c)
d)
b. Ownership
It became the City's general policy in the early 1980's to keep as much Open Space as possi
in private ownership and therefore not have the City responsible for its administration s
maintenance. In 1982, in conjunction with the update of the Parks and Recreation Element,
city decided to change the approach of having the City own and maintain numerc
neighborhood parks but rather to concentrate on having fewer but larger community-wide par
The cost of maintenance and operation of fewer but larger community parks is less thar
would be for many smaller neighborhood parks. At that time, the idea of having a City-owr
and maintained trail system interconnecting all four quadrants of the city was dropped. Fina
instead of accepting as publically-dedicated Open Space areas preserved for natural or vis
purposes, the policy of the City was to require these areas to remain in private ownership w
at the most, an easement for public Open Space purposes. These policies are in effect tod I C. Visuai Displays of Open Space
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I The City of Carlsbad currently depicts Open Space within the City via a number of map2
graphic displays. The major ones are listed below: I 1) General Plan Land Use Map (April, 1987);
I Conservation Areas Map, 1973); 2) Open Space Map (August 9, 1988) (Proposed to replace Prime Open Space l
3) Constrained Areas Map (Digitized);
4) Natural Resources Inventory Map (June, 1986).
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The prime criteria today with regard to the visual depiction of Open Space have to do with
protection of known environmental resources, such as the City’s three lagoons. The maps I;$
above have all been prepared at a scale of 1 inch = 1000 feet (1:1000).
In addition to the above maps, the City has also compiled aerial photographs of the entire
at the same scale (1:1000), and in color at 1.500 scale. Compilation of aerial photograph*
the City at 1:100 and 1:400 scale is currently underway and is expected to be completed in
near future.
The City’s Growth Management Program also imposes a number of requirements with re5
to maps for each of the City’s 25 Local Facility Management Plan (LFMP) Zones. For each zl
a constraints map at 1:200 scale is required, and must be certified as complete and accur
supported by biological and other surveys, as warranted. All constrained land within the ZI
must be shown graphically, using the following categories:
Slopes greater than 40 percent; 1)
2) Permanent bodies of water; I 3) No odwa ys;
4) Beaches;
5) Wetlands; I 6) Riparian or woodland habitats;
7) Major powerline easements.
In calculating buildout projections for each zone, certain other information must also be ta
into account, and, in addition to the foregoing constraint categories, must also be map6 I They include:
I) Major roadways;
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2) Railroad tracks and rights-of-way;
3)
4)
5)
Slopes befween 25 and 40 percent;
Open Space areas previously designated on the City's Open Space Map;
Other land containing significant environmental features, as determined by
environmental review process for each zone.
A computerized parcel level Geographical Information System (GIs) is being proposed
approval by the City Council for implementation in the near future. When completed it
include detailed information for every parcel of land or property in the City, and would incli
such information as ownership, land use designation, zoning, and the like. A major featurc
the GIS would be computer-based graphic displays (not photos) of the City at any scale des
which, among many other features, would include the ability to 'Izoom" in on any specific 2 i desired.
d. What is "Countecf' Toward Open Space
In addition to requiring that all environmentally sensitive and constrained lands in the City
retained as.Open Space, the City's Growth Management Program also imposes the follow
Open Space performance standard on each zone plan:
"fifteen percent of the total land area in the zone exclusive of environment
constrained non-developable land must be set aside for permanent Open Spi
and must be available concurrent with development."
This additional 15 percent Open Space requirement was created as a result of the City Counc
concurrence with the minority report of the 1985 Land Use Committee's finding that the Ci
General Plan at that time did not provide for enough Open Space. Open Space was therel
defined as an essential public facility and became one of the 11 public facilities addresset:
the Growth Management Program.
However, in order to require that an additional 75 percent of otherwise fully developable It
be retained as Open Space, a density credit is allowed so that the number of dwelling u,
permitted by the underlying zoning could still be achieved by placing units on a different J
of the property through density transfers or clustering.
The types of Open Space which currently qualify toward meeting the 15 percent Open Sp:
standard include the following:
1) Common Open Space areas in Planned Residential Developments (PRD); I 2) Homeowner-maintained pocket parks;
3) Major power line easements when they are enhanced or improved;
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4)
5)
6)
Increased setbacks along major roads if they are landscaped and enhanced 1
pedestrian or bicycle trails;
Open Space linkages between environmentally sensitive resources;
Canyon areas that are not steep enough to be prohibited from developmen,
the Hillside Ordinance or other requirements.
How do we use, maintain and protect what we have now?
a.
2.
Types and Uses of Open Space
The City of Carlsbad currently enjoys a wide variety of Open Space, ranging from active 0,
Space (parks, playgrounds, ballfields, etc.) to passive (undeveloped canyons, lagoons, wik
habitats, etc.), as well as large areas devoted to agricultural production (such as the flo,
fields east of Interstate 5). The uses to which these Open Space areas are put (except
agricultural areas) also includes a full range of activities from fully programmed uses (such
organized ball games) to totally unprogrammed use (such as a walk along the ocean).
The City's current definition of Open Space was presented earlier (Section lll.A,l.a.), i
provides a general listing of the types of Open Space provided for within the City. Generc
the function of Open Space can be grouped into one or more of the following categories: 1
1) Preserve significant resources;
2) Provide recreational opportunities;
3) Create breaks in urban form;
4) Provide buffer between land uses;
5) Provide separation from surrounding communities;
6) Avoid hazardous areas;
7) Accommodate a trail system;
8) Provide for agricultural uses;
9) Preserve historic resources.
The City's Parks and Recreation Element provides considerable information regarding the tyj
and uses of Open Space within the City. Specifically, it offers the following definitions of ac.
and passive Open Space park areas: I Active Park Areas
Typically provide a form of organized, supervised, often extra-curricular recreation. P
amenities denoting active use may include gymnasiums, swim complexes, multi-i
ballfields, tot lots, hard court play surfaces, volleyball courts, horseshoe areas o
combination thereof.
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I Passive Park Areas
Often provide minimal or no amenities associated with active use. The very natur
passive use implies undemonstrative, nonparticipating, complacent, subdued acti
Park amenities generally associated with passive use include nature trails, walkw
picnic tables, benches, and small turf andlor landscaped areas.
The Parks and Recreation Element also differentiates between the major types of parks or
areas for which standards have been established, as follows:
1. Cornrnunilv Parks - are leisure facilities, approximately 20 to 50 acres in size; how€
due to a 1982 revision of the Park and Recreation Element to the General Plan,
1982 neighborhood parks of less than 20 acres have been reclassified
"Grandfathered" into the Community Park classification. This classification was apprc
by the Park and Recreation Commission in May, 1987, and by the City Council in Aus I 1987.
Typically, Community Parks are designed to serve the recreational needs of sev
neighborhoods. The nature of this type of facility encourages and attracts family
populations from a nearby vicinity on a daily frequency. Community Parks gener
provide active and passive use amenities; however, they are not limited to the exclu:
use of either.
Minimum facilities should include:
Family-oriented picnic areas;
Group picnic areas;
Turfed Open Space areas for free play;
Multi-purpose playfield(s) (lighted when appropriate);
Tot areas;
Structures for lectures, meetings, skills instructions, etc.;
Buffer areas;
Special use facilities such as swimming pools, tennis courts, horseshc
handball and racquetball courts, bicycle paths, etc., as per specific commc
demand, may be located within these parks if appropriate to the interest and n
of the community in which the park is located.
The service radius for Community Park sites is approximately two miles. The prim
access orientation is vehicular. It is therefore established that Community Parks shc
be located adjacent to a secondary arterial or circulation route of greater hierarchy
defined within the Circulation Element.
City standard for each quadrant: 3.0 acres per 1000 population.
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2. Special Use Areas - are typically local facilities that meet the needs of only one or
activity type uses, either passive or active in nature. They are befween one to five ac
in size and generally do not provide the basic universally accepted facilities found J
Community Park site. Facilities of this type are, but not limited to, swim, tenniz
racquetball complexes, meeting halls, athletic complexes, play lots, picnic l
interpretive walk areas.
The pre- 1982 Parks and Recreation Element included mini and vest pocket parks.
revised 1982 Parks and Recreation Element has incorporated these parks into the spe
use categories which typically defines the nature of these areas.
Location of special use areas sites should be based upon adequate access to
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I supporting community population.
City standard for each quadrant: 0.5 acres per 1000 population.
Srrecial Resource Areas - are local amenities that have either citywide or potel;
regional significance. The significance is in the quality of the site that makes it unic
as either a passive andlor active recreation area; this quality may be of a natural (wa
geological, ecological, etc.), historical (architectural, etc.), or combination then
Consequently, the Special Resource Area as defined has a visitor attraction or draw
power serving users locally and beyond.
Typically, Special Resource areas provide a unique character andlor use not founc
Community Parks or Special Use Areas. In general, they are larger than commui
parks. They are a recreational site characterized by the existence of a special or unus
feature, natural or man-made, i.e, a water body, earth formation, historical amer
ecological reserve, etc.
City standard for each quadrant: 2.5 acres per 7000 population.
The City has also approved a Scenic Corridor Study which will be incorporated into
updated Scenic Corridor Element of the General Plan. The study identified sevt
scenic features within the City, as follows:
COMMUNITY IDENTITY CORRIDORS
El Camino Real (Prime Arterial)
Carlsbad Boulevard (Major Arterial)
Palomar Airport Road (Prime Arterial)
COMMUNIN SCENIC CORRIDORS
Colleqe Boulevard (MajorlSecondary Arterial)
Interstate 5 (Freeway)
Cannon Road (Major Arterial)
Poinsettia LanelCarrillo Way (Major Arterial)
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Olivenhain RoadlRancho Santa Fe Road (Prime Arterial)
La Costa Avenue (MajorlSecondary Arterial)
Faraday Avenue (Secondary Arterial/ Collector) I Alua Road (MajorlSecondary Arterial)
NATURAL Open Space i? RECREATION CORRIDORS
Adams StreetlPark Drive - portions adjacent to lagoon (Local Street)
Batiuuitos Lane (Local Street)
Jefferson Street - portions adjacent to lagoon (Local Street)
RAILROAD CORRIDOR
Atchison Topeka and Santa Fe Railway
4
For those desiring more detailed information regarding a current inventory of parks, special I
areas, or special resource areas, as well as the specific facilities or uses available at each si
area, reference is made to the "Uses in Recreation Areas Matrix", and the associated map i
tables contained in the Parks and Recreation Element. 1
b. Degree of Improvement
The City's Parks and Recreation Department currently categorizes Open Space using
following levels of improvement:
7. Natural, undisturbed Open Space;
2. Native, naturalized Open Space;
3. Irrigated, semi-naturalized Open Space;
4.
5.
Irrigated, landscaped Open Space areas;
Developed park sites and landscaped areas.
The importance of differentiating Open Space areas in this way involves maintenance costs c
liability. Generally speaking, both of these factors tend to increase as the degree
improvement increases. For example, the cost of maintaining natural, undisturbed Open Sp,
approximates $750 per acre per year versus $5200 to $7500 per acre per year for 1
developed park sites and landscaped areas. The same general pattern holds true for liabi I
c. Maintenance and Operation of Open Space
The maintenance and operation of Open Space areas within the City depends largely
ownership. For example, privately owned greenbelts that are part of a developed area
typically maintained by the local homeowners association, while public Open Space areas
normally maintained by the agency having jurisdiction over the area, such as the Cily or, in
case of State-owned land (e.g, beaches) by the State Department of Parks and Recreation
Open Space areas that are the responsibility of the City of Carlsbad are currently maintaineo
the City's Parks and Recreation Department. The degree of landscape maintenance perforn
varies from high to minimal, depending upon public exposure, desired aesthetics, safety, anc I
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liability concerns. In addition to the City's community parks, special use areas, and spe
resource areas, other areas maintained by the City typically include land adjacent to pu
buildings, such as City Hall, libraries, fire stations, administration buildings, and the Sa
Center, plus street medians, and public rights-of-way.
Other City-owned Open Space areas are typically unimproved and require little or
maintenance. According to the Parks and Recreation Element, "These areas are gene1
considered to be undevelopable by today's park standards due to environmental andlor geolc
constraints, or the prohibitive cost to rectify those constraints."
One of the results of Proposition 13 and subsequent limitations on the ability to increase gent
revenue sources was for cities to reconsider the responsibility for the operation i
maintenance of Open Space. Of primary concern were areas of improved Open Space [
parks, active recreational areas, trails) but also of concern were the operational costs
publically-owned natural and, environmentally-sensitive areas (Le, canyons, floodplains),
It became the City's general policy in the early 1980s to keep as much of its Open Space
possible in private ownership and therefore nor have the City responsible for its administrai
and maintenance. In 1982, in conjunction with the update of the Parks and Recreation Elemt
. the City decided to change the approach of having the City own and maintain numen
neighborhood parks but rather to concentrate on having fewer but larger community-wide pal
The cost of maintenance and operation of fewer but larger community parks is less tha
would be for many smaller neighborhood parks. At that time, the idea of having a City-ow/
and maintained trail system interconnecting all four quadrants of the City was dropped. Fin<
instead of accepting as publically-dedicated Open Space, areas ,preserved for natural or vi:
purposes, the policy of the City was to require these areas to remain in private ownership w
at the most, an easement for public Open Space purposes.
As mentioned earlier, private responsibility and maintenance of Open Space is normally hand
through homeowners associations (HOA) operated under provisions of the California Civil Cc
and Administrative Code pertaining to Department of Real Estate regulations. Moni
assessment to each benefitting homeowner are assessed beginning with the sale of the first
in the affected development.
homeowner, although the HOA would have foreclosure power once the assessments beca
delinquent. Normally, the HOA would contract with a management company andlor one
more maintenance contractors. Advantages to this type of private maintenance and operaf
are nor only that there are no costs to the City but that there is also no City administrai
I
Payment of assessments is a contractual obligation of
I function necessary.
d. Protection of Open Space
The City of Carlsbad currently has a number of plans and policies that relate to the long-re
protection of Open Space in the City. They are briefly summarized below:
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1) General Plan - shows generalized boundaries of presently designated Open Space an
The General Plan Map is not meant to reflect precise boundaries of Open Space aj
and does nor include all the future Open Space areas that will result from the C
Open Space Ordinance - restricts the development of certain environmentally-sensi
Open Space lands including beaches, permanent bodies of water, floodways, si
slopes, wetlands, riparian and woodland habitats and other significant environme
areas as identified in the environmental review process. Prohibits density credit for tt
I Open Space provisions.
2)
I lands.
3) Growth Manaqement Ooen Space Performance Standard - requires an additional 7
of the total land area in each undeveloped facility management zone to be set aside
permanent Open Space. The 7 5% cannot include any environmentally-constrained I;
Hillside Ordinance - greatly restricts the amount of grading that can be done on hill2
property. Limits the overall volume of grading (maximum 70,000 cubic yards per ac
the height of cut and fill slopes (maximum 30 feet) and the design of the grac
(contouring, building setback from canyon ridges). Prohibits development of 40% slo[
Requires a Hillside Permit for any project proposed on hillside land (15% or gre
slope).
Natural Resource Inventory - shows the generalized location of significant nat
resource lands in the City. The inventory map is to be used as a tool for planning fu
Open Space areas, for identifying environmentally-sensitive lands and for updating
Open Space section of existing Master Plans.
Revised Planned Development Ordinance - requires all Planned Residential Developm
(PRD) projects to provide 200 square feet of indoor or outdoor recreation space
dwelling unit.
Residential Park Land Dedication - established the requirement for park land dedicai
at 3 acres per 1000 population. Requires total park land dedication to be made with
first final map in a Master Plan area rather than incremental dedication.
Industrial Park Land Dedication - requires developers in the City’s industrial corrido
construct or fund an Open Space area(s) to provide recreational facilities for
employees working in the corridor.
4)
5)
6)
7) a
8) I
In addition, in the past couple of years, the City has become increasingly concerned about
enforcement and monitoring of conditions which are placed on development projects having
do with the protection of Open Space resources. Examples would be conditions requiring
preservation of natural resources, setbacks and buffers from environmentally-sensitive areas i
conditions requiring a certain amount or type of Open Space. A Planning Commiss
Subcommittee was formed in 7987 to work with staff in developing recommendations to impn
the “quality control” of projects being built in the City. One of the major items being lookec
is how the City can make sure that a project is built the way it was approved. In this reg;
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a recent change was made in the California Environmental Quality Act. This change req~
that whenever an environmental condition or mitigation measure is placed on a project i
result of the environmental review process, that a monitoring and reporting program be requ
to ensure that the condition or mitigation is fulfilled and that it works. The City of Carlsba
in the process of implementing procedures which will ensure that this additional /eve
protection, does in fact, take place.
e. Acquisition and Funding Options
Without going into exhaustive detail, it should be noted that a wide variety of func
mechanisms and acquisition vehicles are potentially available to the City. A summary listin!
these options is provided below. Readers desiring additional detail on any of the items shc
are referred to the appendices. I
7) METHODS OF ACQUIRING OPEN SPACE
a) Development Agreements
b) Incentive Zoning
c) Transfer of Development Rights
d) Land TrustslConsetvancy
e) Special District or Authority 6 Williamson Act
g) General Plan and Zoning
2) FINANCING TECHNIQUES
a) General Obligation Bonds
b) Limited Obligation Bonds
c) Senior Obligation Bonds
d) Ouimby Act lrnpact Fees
e) Public Facilities Fees 0 Industrial Recreation Fees
g) Tax lncrement Financing
h) i) Mello-Roos Community Facilities Districts i) Revenue Bonds
k) Certificates of Participation
1) Benefit assessment district
m) User Fees
n) Concessions
0) Other Tax Revenue
p) Private Grants or Donations
Sales and Use Tax lncrernent
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I 3) STATE GRANTS
a) Coastal Conservancy: Agricultural Preservation Projects
b) Coastal Conservancy: Coastal and Bay Public Access Program
c) Coastal Conservancy: Coastal Restoration Projects
d) Coastal Conservancy: Nonprofit Organization Assistance Program
e) Coastal Conservancy: Enhancement Grants 0 Coastal Conservancy: Site Reservation Projects
g) Coastal Conservancy: Urban Waterfronts Restoration Program
h) Fish and Game: Public Access Program 0 Parks and Recreation: Land and Water Conservation Fund Program i) Resources: Environmental License Plate Fund
k) Proposition 70: Parks and Wildlife Initiative
I) Water Resources: Davis-Grunsky Act
With regard to the City of Carlsbad specifically, parkland acquisition has typically been provic
under the Quimby Act andlor park-in-lieu fees, while development funds are provided by
Public Facilities Fee. Future park acquisition and development projects are, for the most J
identified in the Capital Improvement Program Budget. However, actual development may
subject to delay based upon demand and a prioritization for the construction of additional pul
facilities as well as the cost associated with ongoing maintenance and operation.
As shown on the previous list, additional funding sources for acquisition, protecti
development, maintenance and operation or rehabilitation may be provided by general obligat
bonds, special taxes, State and Federal Park Bond Acts, assessment districts, and other mea
Prior to acceptance, all future parkland acquisition is subject to a stringent environmental rev1
process to identify and eliminate constraints in an effort to maximize site potential in term:
park development.
A matrix is included in the appendices to this report which displays several of the acquisil
and funding mechanisms listed earlier. These options are included in the matrix in such a b
as to indicate which methods would be most suitable for use in the City of Carlsbad. Sect
111.C.2.e. describes the Committee’s actions and recommendations with regard to the use of i
matrix and specific acquisitions and funding options that should be used in the future.
B. Status of Open Space at Buildout Under Curre i Policies and Standards
I 7. What will it be and how much will the City have?
a. Definition
Unless changed by the City Council, the definition of Open
Space at buildout would be exact/y the same as that shown in Section 1II.A.I.a. of 1
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b. Ownership
Unless changed by the City Council, the policies described in Section 1II.A.I.b. of
report would remain in effect until buildout. These policies allow a mixture of public
private Open Space, but are aimed at keeping as much Open Space as possiblt
private ownership to minimize City costs for administration and maintenance. In addit
these policies would continue to discourage acceptance by the City of publicly dedic:
Open Space preserved for natural or visual purposes, in favor of private ownership w
at the most, an easement for public Open Space purposes,
c.
All of the maps and graphical displays described earlier in Section 1II.A. I. c. will conti
to be used as they are today if the City's current policies remain in effect. In addit
the process of assembling aerial photographs of the City at a scale of I inch = 100
is currently undenvay and well before buildout the resultant photos will be available
use by the City and the public.
The Geographical Information System referred to earlier will also be implemented c
before buildout of the City and would be available for use by City planners and otht
Because of its ability to "zoom" in on any specific area desired, as well as its capa
for storing additional detail (such as the results of detailed surveys, Open Sp4
resources, etc.), it should prove to be a particularly effective tool with regard to Oj
Space planning.
d,
Unless changed, the current performance standards and other requirements defir;
undevelopable areas and the types of Open Space which can be used to meet the
percent standard will remain as they are today. This would ensure that, at build1
environmentally sensitive and constrained areas throughout the City would remain
Open Space, and that an additional 75 percent of each Local Facility Management F
Zone would also be retained as Open Space.
How will Open Space be used, maintained and protected between now and buildc
a.
Visual Displays of Open Space
What is "Counted" Toward Open Space?
a 2.
Types and Uses of Open Space
Unless mQdified, the following policy objectives will dictate the type of parkland and OF_
Space to be acquired between now and buildout under existing City policies and standara
I) Develop adequate community parks. I 2) Develop superior special resource-based areas.
3) Develop special use facilities.
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4) Implement the Open Space provisions of the City's Growth Management Prog
on a zone-by-zone basis.
Consolidate, where appropriate, small park parcels into larger areas with
emphasis of developing active community parks and facilities at least 20 at 5) I in size.
6) Place the responsibility for future neighborhood parks on Planned
Developments, Master Plan areas, and developers for acquisition, developri
and maintenance,
Place the responsibility for Open Space areas on Planned Unit Developme
Master Plan areas, and developers for development and maintenance with c
of dedication for public trails or easements.
Place the responsibility for the acquisition, development, and maintenanct
Community Parks on the City.
Encourage and promote the development of recreational facilities by prir
enterprise that may be used by the general public.
Implement a Municipal Pool Management Program.
Expand recreational programs and facilities in South Carlsbad.
Continue and expand self-supporting recreational program concept.
If recreational trail systems are to be established, they shall be provided
developers and maintained by private property owners.
7)
8)
9)
7 0)
17)
7 2)
73)
1 7 4) Prevent the premature elimination of agriculture.
1 5)
7 6)
Develop programs to encourage agriculture to remain.
Permanently presetve the flower fields.
Through these policies, as well as the requirements that are currently embodied in the Ci
Growth Management Program, it is estimated that approximately 10,000 acres, or 39 percec
the total land and lagoon areas of the City, will be set aside for Open Space by buildout.
breakdown of how this acreage will be acquired is provided below: I
7) Currently designated as Open Space on the General Plan Map (exclusive
environmentally constrained land)
2078 acres
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2) Constrained Land (including lagoons)
- 3863 acres
3) 15 percent Performance Standard - 2856 acres
4) Community Parks, Special Use Areas (which include school grounds and le:
facilities) and Special Resource Areas
TOT& 9891 ACRES
With regard to existing performance standards, a combined total requirement of 6.0 acre
Community Parks, Special Use Areas, and Special Resource Areas per 1000 population
produce the 1094 acres shown above (Item 4). Included in the total above are several ai
earmarked for future park development and identified in the current park inventory as shc
below:
Northwest Quadrant
7)
2)
3)
Pine SchoollAcquisition - 7.0 acres1Community Park
Maxton Brown Extension - 2.1 acresISpecia1 Use Area
Cannon Lake - 6.7 acreslSpecial Use Area
Northeast Quadrant
1)
Southwest Quadrant
I)
2)
Larwin - 22.3 acres1Community Park
Pacific Rim - 24.25 acres1Community Park
Alta Mira - 42 acres/Community Park I 3) School Site - 6 acresISpecial Use Area
Southeast Quadrant
1) Carrillo Ranch - 10 acreslSpecia1 Use Area
2) Carrillo Ranch Acquisition (Additional)
8.5 acreslSpecia1 Use Area
3) Alga Norte - 35 acres1Community Park I Citv- Wide
I 2) Golf CourselTennis Complex 1) Macario Canyon - 100 acreslComrnunity Park
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Three other programs just recently initiated also deserve mention in that they could affect
status of Open Space between now and buildout, One was initiated by the City and the SI
Department of Parks and Recreation, and is briefly summarized below: 1
The State of California's Department of Parks and Recreation owns and operates
campgrounds and day-use beaches in the central and southern areas of
Carlsbad. The City owns Carlsbad Boulevard, which runs in a north-south
direction adjacent to the Department of Parks and Recreation land. Carlsbad
Boulevard was originally constructed and operated as a state highway (Highway
101). When Interstate 5 was built through Carlsbad, the Highway 101 right-of-
way was deeded to the City and became Carlsbad Boulevard. The right-of-way
deeded to the City is in excess of what is needed for a major arterial street
(Carlsbad Boulevard's designation in the City's General Plan). A considerable
amount of excess right-of-way exists that could be put to other more productive
uses. The City and State want to explore the possible alternatives for reutilizing
this land and have recently issued a "Request for Proposal" toward this end.
The possibility exists that all or a portion of the land in question could be used
for Open Space or related facilities. 1
The second program that deserves mention was initiated by the non-profit Carlsbad Arboret
Foundation, Inc., and is described below:
The Foundation's objective is to establish an arboretum and bird sanctuary in the
vicinity of the City-owned Carrillo Ranch historical Site. The arboretum will require
utilization of about 65 additional acres of land. According to its literature, the
Foundation seeks to accomplish the following overall goals:
Design, develop and operate an arboretum that will preserve the
restricted riparian habitat for over sixty (60) species of birds, plus
numerous animals and plants;
Offer a desirable cultural, educational and scientific addition to the
quality of life in Carlsbad and the surrounding region;
Create a facility that has wide popular appeal for all ages and
promotes tourism;
Function in a manner compatible with adjoining acreage and
property owners who are planning major developments;
Afford and protect a lasting legacy for future generations that shall
remain, for all time, a tribute to visionary planning concepts and
a reflection of a vibrant, sensitive City; and I
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Evolve a first-class community asset that will be entirely self-
sustaining and self-supporting through private foundation, federal,
state and county grants-in-aid, individual charitable contributions I and, eventually, gate receipts.
The third recent program that could affect Open Space in Carlsbad was initiated by San Dif
Association of Governments (SANDAG) Bicycle Facilities Committee, which has requested i
studies be conducted of the feasibility of constructing a coastal corridor bicycle path betwt
Oceanside and San Diego, a distance of 42 miles, running within its existing right-of-way of
Atchison, Topeka and Santa Fe (AT&SF) Railway. A formal request for such a study was issi
to the SANDAG Commuter Rail Technical Advisory Committee at its regular meeting on FebrL
23, 1989. The purpose of the study is to identiv the potential and the physical constraint:
a linear bicycle path along the AT&SF Railway’s right-of-way between Oceanside and San Die I
b. Degree of Improvement
Unless changed, the existing policies regarding the degree of improvement for Open Space
remain in effect. These policies rake into account the wide disparity in costs for maintain
natural undisturbed Open Space versus fully developed parks or landscaped areas, as well
the associated liability variations between different levels of Open Space improvemei
However, these policies also acknowledge the City’s responsibility to provide its citizens v
a wide range of recreational opportunities, despite the inherent costs associated with hig
improved parkland. Therefore, it is unlikely that significant changes to these policies will oc
in the near future, and that the inherent conflict between the provision of highly improved ac
recreation areas and the provision of less expensive, unimproved Open Space will continut
exist.
c. Maintenance and Operation of Open Space
The City’s existing policies are aimed at retaining as much Open Space in private owners
as possible in order to minimize the City’s cost for maintenance and liability. However, the (
also recognizes that certain facilities, such as community parks and special use or resou
areas are most appropriately held in public ownership. It is likely that this balanced approi
to ownership and maintenance will be retained in the future.
Another mechanism that is available to relieve the City of the maintenance and operation cc
associated with Open Space is an Open Space Maintenance District. Although the cost:
maintenance and administration would be paid by private property owners, the Open Space a
must be publicly dedicated and the City must administer the program. The assessments
levied annually and are collected with the property tax bill. The City neither encourages
discourages the formation of maintenance districts for this purpose, but has established a PO
for their implementation, if desired. 1 d. Protection
I Unless modified or strengthened further, the existing policies and requirements regarding
protection of Open Space will remain in effect into the foreseeable future. Of note, howel
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is a recent change to the California Environmental Quality Act (CEQA) which will strengt
considerably the level of enforcement and monitoring following project approval throughout
development and construction phases of the project. This legislation (AB 31 80) require:
public agencies to adopt a monitoring program whenever they adopt EIR findings that potent
significant impacts will be mitigated to less than significant impacts or adopt a "mitiga
negative declaration. AI agencies with responsibility for carrying out or approving such projt
must adopt monitoring programs. An effective monitoring program will require site visit2
agency staff or consultants to "spot check" implementation of mitigation measures.
This additional level of protection should prevent in-field modification of conditions of appri
and will ensure that the environmental protection measures endorsed at the approval sl
will, in fact, be followed at the construction site.
e. Acquisition and Funding
Section lll.A.2.e. provided a list of options for acquiring and financing Open Space which
available to the City of Carlsbad. Although this list of options is rather extensive, it is likely
future acquisitions or funding methods will be similar to those found to be successfu
Carlsbad in the past. Nevertheless, reference is made to Section lll.C.2.e of this report wt
discusses the Committee's recommendations in this regard.
C. Desired Status of Open Space at Buildout
1. What should it be and how much should the City have? 1. a. Definition
As a starting point for defining Open Space at buildout of the City and beyond, the Ci
Open Space Committee used the 197'311988 (revised) definition as a basis. In orde
adapt the definition more precisely to the unique resources of the City of Carlsbac
number of changes were made which resulted in the following desired definition of 0; I. Space at buildout:
c Open Space is any area of land or water which, for whatever reason, is
developed for urbanized uses and which therefore enhances residents' qual%
life. The Open Space may be in its natural state or modified in such a way I
the modification itself contributes to this enhancement.
Open Space may hll into fwe major categories:
7) Open Space for the preservation of natural resources, including, but
limited to:
a) Areas required for the preservation of trees, forests, plant 2
animal life, including habitat for fish and wildlife species.
Areas required for ecologic and other scientific study purpose 1 b)
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1 c) Rivers, streams, bays, lagoons and estuaries.
1 watershed lands.
I natural resources.
1 not limited to:
1 including greenhouses.
d) Coastal beaches, lakeshores, banks of rivers and streams i
e) Hillside, slopes and canyons necessary for the preservatior
2) Open Space used for the managed production of resources, including,
a) Forest lands, rangeland, agricultural and horticultural Ian
b)
c)
d)
Areas required for recharge of ground water basins.
Bays, estuaries, marshes, rivers and streams which are impori
for the management of commercial fisheries.
Areas containing major mineral deposits, including fhose in st
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SUPPlY.
3) Open Space for programmed and unprogrammed outdoor recreati
including, but not limited to:
aj
b)
School playgrounds and athletic fields.
Park and recreation areas, including those areas giving accesz
lakeshores, beaches, lagoons, rivers and streams.
Areas which serve as links belween major recreation and OF
Space reservations, including utility easements, banks of riv
and streams, scenic highway and railroad com*dors.
Trails for walking and hiking.
Sepamte trails for biking and skateboarding.
c) I
d)
e) I 0 Wilderness areas and nature preserves.
g) Campgrounds.
h) Golf courses.
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4) Open Space for aesthetic, cultural and educational consideratioi
including, but not limited to:
a) Areas of important scenic, historic and cultural value, includi
significant geological, paleontogical, and archaeological areas
Areas which provide a buffer between land uses, including lar!
than standard setbacks around buildings and along roadways. 31 e) Areas which provide separation from surrounding communitie:
b)
d)
Open Space for public health and safety, including, but not limited to
a) Areas which require special management or regulations becat
of hazardous or special conditions. Examples: safety zones in l
viciniiy of airports, earthquake fault zones, steep slopes, unstal
soils areas, watersheds, floodplains, areas prone to landslidm
Areas presenting high fire risks.
Areas required for the protection of water quality and WG
ri?servoirs.
Areas required for the protection and enhancement of air qual
Bluffs subject to wave erosion.
Museums, arboreta, zoologic and botanical gardens.
5)
b)
e)
d)
e)
(150-0)
b. Ownership
With regard to the Committee’s thoughts regarding who should actually “own“ the Cil
Open Space and how public control should be maintained and exercised, the following motic
were passed by the Committee: I
I b The City’s existing policy of encouraging a combination of both public and priv
It is not necessary for Open Space to be entirely provided by the public sea
Open Space be continued. (150-0)
b I (1 50-0)
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Discussion:
existing policies with regard to the ownership of Open Space in the City.
Through these motions, the Committee essentially endorsed the Cii I
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I C. Visual Displays of Open Space
With regard to maps and visual displays of Open Space within the City, the Open SF
Committee endorsed the measures that are already in progress under the City's CUI
plans and standards, but also passed the following motions dealing with this issue
The Cily's Open Space map should be used as a conceptual representatio
Open Space intentions in the City. (7500)
As detail becomes available on Open Space areas that precise informatior
depicted on zone maps and that the Cify's Open Space map be update
reflect that additional level of detail. (140-0)
Ciiy staff should be given the flexibility to add to the Open Space map new C
A formalized procedure should be created for adjusting the boundaries of
Space areas which may be created by circumstances. (14-7-0)
Open Space area shown on the map. Findings required for the approval (
boundary adjustment to the map could include the following:
A The Open Space area is of equal or greater area; and
B. The Open Space area is of equal or greater environmental quality; a
C. The boundary modification is made in order to provide an enhancen
to an environmentally sensitive' area; and
The adjusted Open Space is contiguous or within close proximity to
Open Space shown on the Open Space Map.
The City Council may also modiv the boundary location shown on
Open Space Map if it finds that the modification is necessary to miti!
a sensitive environmental area which is impacted by development provi
the boundary modification presewes Open Space at a 2 to 1 ratio an
within close proximity to the original area of Open Space.
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(14-0-0)
Discussion: The rationale for the first of the recommendations regarding visual dispi
was basically twofold. First, it was recognized by the Committee that the scale of
General Plan and Open Space maps (1:lOOO) was too general to discretely define
boundary between Open Space and other uses. Secondly, it was also recognized
some areas currently designated as Open Space on the City's map would, after rr
detailed surveys and investigations were completed, be deemed to be less desirz
than other nearby areas not designated as Open Space on the maps. Given th
factors, the Committee felt that the Open Space maps should be used as a concep
representation for land use and other planning, but should not necessarily be rig
adhered to.
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However, it was also recognized by the Committee that, as detailed surveys of spe
areas of the City were completed, the new information thus acquired shoulc
documented and mapped. With this in mind, recommendation number 2 was pa:
which would call for the LFMP Zone Maps to be updated showing any new data,
then for the Open Space Map to be updated accordingly to be in conformance witt I latest zone maps.
The Committee also was desirous of providing the staff with the discretion and neces
tools to modiv the Open Space map by adding new Open Space areas or adjusting
boundaries of the map as circumstances might warrant in the future. Therefore, the
and 4th recommendations under Visual Displays of Open Space were passed by
Committee with this objective in mind.
d. What Should Be "Counted1 Toward Open Space?
Actions taken by the Committee with regard to this issue tended to overlap with
topics of "Use of Open Space" and "Protection of Open Space", which are addre3
later in this report. Therefore, the following motions which were adopted by
Committee should be considered not only as they relate to what should be "countec
meet the Open Space standard, but also as they would apply to the later discussi
regarding Use and Protection.
I
c Land area that otherwise qualifies for measurement towards the standard
which is not available without some monetay or other consideration for ust
the general public should be considered as meeting only a certain percent
of the performance standard, that percentage to be determined by the adop
of a new City standard. All other land area which qualifies for measuren
towards the performance standard will be given 700%. credit toward th
standards. (14-0-0)
c The Open Space Ordinance No. 9795 should be revised and amended to
more precisely identiij and define lands considered as undevelopable, (2) inclr
provisions for buffer areas around sensitjve lands, (3) define the word signific
and (4) include specific conditions and restrictions on non-resider
development. (72-0-0)
c To the extent it is practical, standards for Open Space should be establishec
type of Open Space rather than the general category of Open Space. (12-2
Zone plans, major development applications and applications involving poter c
linkage should address trails and trail interconnection opportunities on proPo*
plans. (72-0-0)
c Powerline easements shall not be counted towards meeting the 15% Open Spz
standard. (74-0)
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Private golf courses will receive partial credit in meeting the performi
standards only if significant visual benefit is determined. The extent of the c,
shall be determined by a new standard. (70-2-0)
c Schools shall not be counted in meeting the 15% performance standards - prr
or public. (72-0-0)
Discussion: With regard to the first motion shown above, the Committee was intere
in differentiating between Open Space that was available to the public at no cost,
that which was either reserved for private use (such as homeowner-maintained swimr
pool), or which was available to the public for a fee (such as a public golf course).
Committee felt that Open Space that was available to the public at no cost should be
counted toward meeting the 15 percent performance standard, but that private 01
Open Space should be counted at something less than 100 percent. It could
however, reach agreement as to the specific percent (50%, 75%, 85%) that shouk
counted for these uses, and therefore recommended that this issue be studied and
a new percentage standard be established at a later time for such areas. #or did
Committee specifically address the adequacy of the 15% Open Space requirem~
specified in the Growth Management Plan until the Open Space categories shown ut
"Types of Open Space" in Section 111.C.2.a. of this report have been quantified and cc
be more thoroughly studied,
The second motion dealing with the Open Space Ordinance No. 9795 was aime
establishing more precise definitions of undevelopable land, including use of the 1
"significant", and at identifying such lands as precisely as possible on the City's ml
The Growth Management Program, in its "Constraints Analysis Guidelines" provides 6
definitions which could be examined and, if warranted, revised to provide additit
detail. Likewise, the City currently requires that undevelopable land be identifiec
each LFMP Zone Map at 1:200 scale. It might be possible to reduce this level of d
even further through the use of the parcel-level GIS discussed earlier. The last pa
this motion dealt with non-residential development (commercial, industrial, etc.)
recommends that the Open Space standards and exemptions regarding these land I
be examined and revised as warranted.
The last series of motions were aimed at more precisely defining the Open Space ne
of the City, by specific type or use. In this way, rather than accept a general cafes
of Open Space for a given LFMP Zone, City staff would have a better understandin!
the specific type of Open Space needed for that zone (such as a linkage between 1;
Open Space areas). These recommendations, combined with the Committee's de
to establish a framework for a trail system or linkage throughout the City, led to
fourth motion, which recommends that potential trails or trail linkage opportunities
included in the City's evaluation of zone plans, major development applications
other applications involving potential linkage.
Likewise, the Committee, by a split vote, felt that powerline easements should no]
counted toward Open Space. However, as discussed under "Trail Systems" in Sec
III.A.2.a., the Committee agreed by a 10-2 vote that such easements should rec 1
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partial credit only if they are "enhanced or improved and provide key links in the
system".
It was also determined that private golf courses should receive partial credit, but 'I
if significant visual benefit" to the public can be established. Finally, the Committee
ratified the City's existing standard that public or private schools shall not be counte
meeting the 15 percent Open Space standard.
How should the City use, maintain and protect what the City has now and will hav
91
1 the future?
2.
a.
The Open Space Committee strongly endorsed a balanced approach to Open Sp
which would include a combination of both active and passive uses. In addition
reflected in the fact that unanimous votes were cast on most of the following moth
the concept of a trail system linking large Open Space areas was highly recommend
Several of the recommendations listed below may appear to overlap. This is beca
the actions were taken at several different meetings and were introduced w
discussing related topics. Nevertheless, the actions taken by the Committee with reg
to Open Space uses can be generally grouped into three headings: Types of 0
Space, Trail System, and General Use issues.
Uses of Open Space, Including Access I
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I a Types of Open Space
The Cily should adopt precise wriiten definitions of the various forms of 01
Space including visual corridors. As examples, specific areas should be identi
within the City to meet these definitions. (72Qo) I
I The following Open Space list should constitute a basic inventory listing in
City which could be added to or modified in the future. (72-7-0)
Type of Open Space Quantity Now Quantity/Build Out Gt
- Ecological Preserves
- Streams
- Lagoons, active:
skiing
wind surfing
canoeing
- Lagoons, passive - Beaches: ocean
lagoon
lake - Hillsides/canyons I - Woodlands
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I Type of Open Space
- Equestrian facilities - Agricultuml:
Flower fields
Greenhouses
Horticulture
Field Crops I - School Grounds
- Aquaculture
- A PkslRec. Public:
soccer
tennis
gocf picnic
softball
play apparatus
football
basketball
swimming
handball
skateboarding
b
- 6. Pks/Rec Private:
soccer
tennis
gocf picnic
softball
play apparatus
football
basketball
swimming
handball
skateboarding
- Utility Easements
- Railroad Corridors - Arterial Setbacks
- Trails:
walking
bikinglskate bd & roller I equestrian
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- Campground:
public I private
- Go~~COU~~~S:
public
private
- Historic Areas
- Paleontological Areas - Geological Areas (unique) I - GreenbeltBuffers
Trail %stems
c The committee strongly endorses the concept of a ciiywide, interconnecting
The City should participate wiih other north county communities to establist
The City Council direct staff to conduct an in-depth study (to be completea
system, subject to the results of a study in furtherance of that idea. (14-0-0
c
intercommunity Open Space linkage. (1 5-04)
c
later than year end 7989) on the feasibility of a publicly accessible, prim
pedestrian (with bicycle use where feasible), ciiywide, interconnecting trail sys
or as extensive a system as is possible if an interconnecting system is
possible. (1 500)
c When studying the trail system, staff should include all possible linka!
throughout the City; that the natural trail system should be linked to other ~
systems (using public sidewalks and walkways, if necessav) to create contin
wherever possible. (1 40-0)
c The feasibility study to be prepared for a unified trail system should include,
not be limited to, an analysis of cost, options for financing, liability, owners
maintenance, possible trail locations and linkages, and the types of trails neer
for different areas- (75-0-0)
c Whenever feasible, natural and man-made links should be created between 01
Space areas to give the visual (and real) perception of large Open Space art.
facilitate a trail system, andlor provide viable habitat areas. (12-00) 1
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c There should be no bias in the continuity and homogeneiiy of the trail system t
The trail system should be designed to serve recreational as well as n
it should be sensitive to local environmental concerns. (14-0-0)
c
automotive transpomtional purposes. (1 4-04)
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Comprehensive Open SDace Network Diaaram
b A graphic, conceptual representation of the Cws Open Space Plan be prep<
incorporating a comprehensive linked system of Open Space. The diagram w
include the following features:
1. Identify the larger, publicly-dedicated Open Space areas, community p
and potential sites which would be linked together by the network. 1 2. Identify existing Open Space linkages.
3. Identify additional potential linkage routes. These potential links w
help to complete the overall network and could be used for trails, na
Open Space buffers and peripheral greenbelts. I 4. Identify potential linkage points with adjoining cities.
It is recognized by the Committee that the potential linkage routes would no
precise locations and have not been preserved as public Open Space.
proposed that these links be obtained through compliance in meeting the C
Open Space performance standards or through other means of public acquis
or protection.
Public street rights-of-way or major powerline easements shall be used for lid
in the network only if it is determined that no other desirable alternativ
available to the City without public purchase. Consideration should be give
safety and aesthetics. (12-0-U)
c Linkage of the trail system should be provided from major recreationlOpen St
(7 400)
Tiails should be encouraged near or adjacent to environmentally sensitive at
Trails should be sensitive to surrounding land uses and should normal&
areas to other types of activity, i-e, employmen& schools, libraries, and viewpo
c
with appropriate buffers andlor fencing. (750-0)
c
placed at a significantly different elevation than adjacent residential uses.
c Rather than purely recreational use, trails should also provide a mean:
When trails are proposed or required the City should obtain an irrevocable (
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pedestrian transportation between residential and commercial areas. (1 5-0
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to dedicate or a permanent easement for traihuays where feasible. (1500)
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Major powerline easements will receive partial credit when they are enhancec
improved and provide key links in the bail system. The extent of credit shall
determined by a new standard- (10-2-0)
General Use Issues
t Natural Open Space areas should remain in as natural a state as possible. (
0-0)
The Ciiy should identisjl, acquireJ and protect natural Open Space areas vis1
from public gathering places in order to help create a more rural atmosphert
an urban environment. (150-0)
t Identiljr scenic routes to public Open Space with sensitivity to increased tra
Encourage public access to all Open Space areas except where semi
in residential areas. (14-0-0)
resources may be threatened or damagedJ or where the public health and sal I may be compromised. (150-0)
I Strive for a balance of visual, passive and active Open Space uses within ei
Passive recreation areas should be distributed throughout the four quadranfi
(1 50-0)
Rather than many small pockets of Open Space, the Ciiy should strive for fer
of the four quadrants of the City. (150-0)
c
the City and should be separate from active recreational uses where possil 1*
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but larger areas since Open Space will "appear to be more if developmen
clustered and Open Spaces are larger and linked. (13-0-0)
A certain percentage of land next to sensitjve (riparian) areas should
designated to act as a buffer. (13-00)
The development of culturalieducational amenities within Open Space areas SI
(15-0-0)
A high quality active community park system should continue to be pursued wil
Any agricultural land that in the future can be changed from agriculture to a n
Where feasible, higher topographic areas suitable as panoramic viewpoints
as botanical gardens, interpretive centersJ and arboreta should be encourag
+
appropriate Open Space areas. (1500)
c
Open Space use should not be counted as Open Space. (12-0-0)
public use should be identified and acquired, (Le, Mt. Soledad.) (15-0-0)
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t Open Space should be utilized to delineate the City's boundaries and to bu
major land uses within the City. (754-0)
Discussion: In the interest of providing a balanced inventory of types of Open Spa
the Committee strove to define Open Space uses in more precise terms than
currently available. For example, although an accurate inventory is maintained by
City's Parks and Recreation Department for active ballfields or public tennis courts, 11
precise information is available regarding the number of linear miles (or acres) of publr
accessible greenbelts or trails. Therefore, the Committee passed the two motions lis
above under "Types of Open Space" in an attempt to establish a better inventory
Open Space uses - both now and in the future. As a basis for creating the list of OF
Space types shown above, the subcommittee involved with this issue went directly to
Open Space definition that had been adopted by the full Committee (See Sect
Ill. C. I. a.) .
In establishing the list shown above, the Committee recognized that inventorying certl
of the uses would be easier than others. Likewise, it also acknowledged that cert,
uses may need to be deleted or added in the future. Nevertheless, in order to reacl
better understanding of the type of Open Space that will be created at buildout under i
City's current policies, and to define where shortfalls may occur, the Committee adopi
the listing as presented and recommended that it be used by the City as a tool to ber
plan for Open Space into the foreseeable future.
The Committee's recommendations regarding a trail or linkage system are, for the mi
part, self-explanatory. With a few exceptions, the votes were unanimous. Basically, l
Committee strongly endorsed the concept of a trail system and recommended tha
study toward this end be authorized. However, it also wanted to provide cert
guidelines as to what should be included in such a study, as well as the compositi
of the trail system. In addition to providing usable trails or linkages where possible,
Committee also endorsed the concept of non-accessible visual linkages to provide
continuity, habitat preservation, and a greater feeling of Open Space. Finally,
Committee also wanted to see such a trail system integrated into a viable non-automol
transportation system to reduce the community's dependency on motor vehicles ana
provide a means of getting from home to school or the store, as well as to other Ofi
Space or recreation areas or even to neighboring communities, by means other tt.
motor vehicles.
The last category of motions, labeled "General Use Issues", groups together a numt
of motions that were also approved by the Committee, and are generally self-explanato
These actions cover a variety of Open Space use issues, and encompass L
Committee's desire to provide a balance of highly visible, accessible, natural Open Spa
throughout all quadrants of the City together with an active recreational and park progra
to the maximum extent possible.
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b. Degree of Improvement
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The Committee made the following recommendation regarding improvements in 01
Space areas:
c The degree of improvements recommended for Open Space areas should depc
on the type of Open Space and the use proposed. For example, improvemc
in active areas such as communiiy parks would be more complex. Improvemc
for passive areas such as trails would be minor in comparison and include itt
such as pathways, benches and trash receptacles. No improvements shc
be made in environmentally sensitive areas, except to enhance the environme
value of the area. (150-0) 3
c. Maintenance and Operation of Open Space
The Committee made the following recommendation regarding the maintenance t
operation of Open Space:
c In general, the Committee recommends that the maintenance of public 01
Space, in other than redevelopment areas, be paid for primarily from the gent
fund, unless other more suitable funding methods are indicated, or, in tf7e C~
of large parcels, by means of Mello-Roos or assessment district funds. (124 R d. Protection
The Committee made the following recommendation regarding protection of Open Spi
areas:
c The Committee recommends that the Ciiy develop a cohesive policy and p
setting forth Open Space goals and guiding acquisition, protection, maintenar
and financing. (12UO)
c The Ciiy Council should establish an Open Space Commission, including a s
member, to review and address the many issues pertaining to Open Spz
including, but not limited to, definitions, designations, and potential map chang
The Commission’s responsibilities should also include:
(I)
(2)
(3)
(4)
(5)
(6)
and should be established coincident with termination of the interim Open Spc
ordinance. (14-0-0)
An advocate for Open Space;
Community representation to the Planning Commission and City Coun
Continue to develop and revise Open Space policies as defined by
City and the Open Space ordinance;
Monitor implementation of Open Space policies;
Recommend priorities for Open Space including acquisition, use, a
maintenance programs, on an annual basis;
Set and refine guidelines for specific project review of Open Space;
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c Any grading, grubbing, or clearing of vegetation in undeveloped areas sho
The Open Space Ordinance should define the City's responsibilities to mon
require a City permit approved by the Planning Director. (7 7-14)
c
the full developmentlconstruction process from beginning to end. (72-0-0)
In order to protect Open Space by increasing the public's perception of it a
valued resource, the City should identiijt existing Open Space for poter
enhancement to increase its habitat, visual, or pbysical values. (12-0-0)
c I
Discussion: As a basic framework for Open Space policy and planning in the future,
Committee unanimously adopted the first motion above calling for the developmen
a cohesive Open Space policy and plan.
As can be seen by the unanimous vote on the second motion shown above,
Committee overwhelming endorsed the need for an Open Space Commission.
visualized, such a Commission would be on equal footing with other similar advis
commissions in the Ci?y and would be able to provide direct input to the City Coui
and Planning Commission on issues affecting Open Space within the City, In addii
to its desire to preserve Open Space within the City, the Committee was also conceri
that an inherent conflict seems to exist between the need for transforming available 01
Space into active recreational areas, versus the concept of retaining passive Open Sp,
for its environmental, visual, aesthetic or psychological benefits. Given this concern,
Committee felt that an active advocate for Open Space was necessary which would SE
as a sounding board for the community, as well as a screening body and strc
advocate for Open Space in its relations with the City Council.
With regard to the third motion, it was felt that the clearing of land, which is curre
permitted without any approvals, clearly needed to be addressed. Without some fc
of control, it was apparent to the Committee that potentially valuable Open Spi
vegetation, habitat or other resources could easily be lost or damaged under todi
regulations.
The fourth motion basically endorsed the City's plans to implement an enforcement I
monitoring program in compliance with recent changes to the California Environme
Quality Act. The final motion was aimed at better educating and informing the public
to the value of Open Space. This latter recommendation could be a useful too
soliciting support for funding new Open Space acquisitions, such as key links in a
system or pedestrian roadway bridges.
e. Acquisition and Funding
The following recommendations were made regarding acquisition and funding: I
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The preservation of highly visible agricultuml areas that are particularly suitz
w
Visually attractive or high qualily natural areas should be acquired, protected,
Appropriate user fees from non-residents utilizing Carlsbad's active recrea
The City should acquire, protect or negotiate for public access to lands that ct
An annual review of the methods and programs for acquiring parks in the Cii
for flower production, and where economically viable should be encouraged.
preserved whenever possible. (150-0)
facilities should be required. (150-0)
be used for passive recreational uses. (1500)
Carlsbad should be conducted and should include, specifically, but not be lim
to, the Quimby Act standards and the park-in-lieu fees (72-1-0)
As a policy statement, new development should support at least the Open SF
needs of the occupants of its projects. (12-00)
t
In support of the above policy, exactions from new developments should inch
but not be limited to, legislative protection, Quimby Act dedication, park-in. fees, industrial recreation fees, setback requirements, the provision of esse,
improvements, and the adoption of appropriate Local Facility Management PL
Master Plans, and Specific Plans. (12-00)
Recognizing that certain elements of the proposed Open Space plan and pi
trail system may not be available through exactions, and may therefore rei
other forms of acquisition, maintenance, or financing, the Commiitet? recommt
that, to the maximum degree possible, those benefitting from the acquisitk
improvement provide funding in direct proportion to the benefits derived. (: I 0)
c All land set aside as Open Space that can be mapped, shall be zoned C
At the time of any discretionary approval, any land set aside for its habit;
I Space. (140-0)
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scenic value shall have an appropriate easement placed on it for reso
protection. (74-00)
The City should promptly create a trust or other mechanism to facilitate pi
donations for Open Space acquisitions, protection, improvements, or maintena
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c The City should create a program for identikation of private donations k
specfic Open Space acquisitions, protection, improvements, or maintenancc
order to encourage private participation as a funding mechanism. (72-0-0)
Where public funding is necessary for new Open Space in "builtGut" section.
the City, the Committee feels that General Obligation Bonds are a highly desir;
source of funding in that they: 7) generate new revenues; 2) spread the cos
such acquisitions over the widest possible base; and 3) match the financ
with the long-term nature of the asset being acquired. (72-00)
c
c The Committee believes that the likelihood for voter approval of a Genl
Obligation Bond issue by the required two-thirds majority will be enhancei
proportion to the number of voters who will benefit from the issue.
Committee therefore recommends that any General Obligation Bond issue plat
before the voters propose a welkbalanced acquisition program, providing a vill
of Open Space opportunities spread throughout the communiiy. (12Qo) I
c Recognizing that the two-thirds majority required to approve issuance of Ger;
Obligation Bonds has traditionally been difficult to achieve, the Comm,
recommends that other funding sources also be considered. (72-0-0)
c None of the Committee's recommendations are intended, nor should thej
consZrued, as authorizing the City to exercise its power to adopt, amend or rei
an Open Space or conservation zoning ordinance in a manner which will tak
damage private property for public use without payment of just compensz
therefor. These recommendations are not intended to increase or decrease
rights of any owner of properfy under the Consiitution of the State of Califc
or of the United States. (72-0-0)
Discussion: The first series of motions that were passed by the Committee regan
the acquisition of Open Space areas, user fees, and financing methods dealt prim
with desired goals and objectives. With regard to the actual acquisition and fun(
methods themselves, the Committee received considerable input on a variety of ta
user fees, bond issues, maintenance vehicles, for its consideration. Spe
recommendations are detailed above.
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I SECTlON IV
ClTY OF CARLSBAD
GENERAL PUN
OPEN SPACE & CONSERVATlON ELEMENTS I
I Updated: 7
City of Carisb
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I I. PREFACE AND INTRODUCTION N- 1
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I PROGRAMS N- 9
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TABLE OF CONTENTS
PAGE
It. OPEN SPACE ELEMENT N- 2
STATE LAW AND DEFINITION N- 2
1. OPEN SPACE PLANNING AND PROTECTION N- 4
A. GOALS N- 4
8. OBJECTNES N- 5
C. IMPLEMENTING POLICIES AND ACTION
PROGRAMS N- 6
2. OBTNNING OPEN SPACE N- 7
A GOALS N- 7
B. OBJECTNES N- 8
C. IMPLEMENTING POLICIES AND ACTION
PROGRAMS N- 8
3. SPECIAL RESOURCE PROTECTION N- 9
A. GOALS N- 9
8. OBJECTlVES N- 9
C. IMPLEMENTING POLICIES AND ACTION
4. TRAILILINKAGE SYSTEM N-11
A. GOAL Iv -11
8. OBJECTNES N-11
C. IMPLEMENTING POLICIES AND ACTION
PROGRAMS N -11
Ill. CONSERVATION ELEMENT N -12
STATE LAW N -12
A GOALS N -12
B. OBJECTIVES N -13
C. IMPLEMENTING POLICIES AND ACTION
PROGRAMS N -14
N. FRAMEWORK FOR AN OPEN SPACE AND CONSERVATION
RESOURCE MANAGEMENT PLAN N -15
V. APPENDIX N -26
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I. PREFACE AND lNTRODUCTlON
The Open Space and Conservation Elements of the General Plan coordinate and gi
decisions related predominantly to the undeveloped land and water surfaces which influe
and shape the formal quality of Carlsbad’s physical environments.
The Open Space Element serves as an official policy statement for the identificai
preservation, conservation, acquisition and maintenance of open space in the City.
Conservation Element is addressed to resource management - the planned managemer
natural resources to prevent exploitation, destruction or neglect.
It is the intent of the Open Space and Conservation Elements to:
1.
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I natural resources.
Realize the social, economic, aesthetic and environmental benefits which accrue 1
the preservation of Open Space within an urban environment.
Ensure the benefits which accrue from the conservation, management and utilizatio 2.
The Open Space and Conservation Elements are not intended, and shall nor be construec
authorizing the City to exercise its power to adopt, amend or repeal an Open Spacf
conservation zoning ordinance in a manner which will rake or damage private property for pi
use without payment of just compensation therefore. This plan is not intended to increas
decrease the rights of any owner of property under the Constitution of the State of Californi
of the United States.
Goals, objectives and action programs to preserve and regulate land for Open Space
conservation purposes are included in these elements. Future policies and programs sh
also be developed using these elements as a basis. The main intent of these elements i.
7. Provide specific programs for the preservation and conservation of land and na
features and for regulations necessary to control the possible negative impac
development which may be allowed.
Identify and protect where appropriate existing open land, natural resources
environmental features as integral and necessaly components of the Open Space
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2. I Conservation Elements.
3. Provide a framework and guidelines for Open Space and conservation system*
described in the Open Space and Conservation Resource Management Plan an(
identified on the maps titled “Open Space and Conservation Map“ dated August 9,
and “Comprehensive Open Space Network Map” dated September 7, 7989. These n
identify important recreation, ecological, natural, scenic resources and proposed lini
routes relating to a comprehensive trail and habitat linkage system. They also id€
hazardous areas which should not be developed or where development should be lin
to ensure public health and safety. I
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The contents of the Open Space and Conservation Elements meet the requirements of State
and provide the City of Carlsbad with a comprehensive document dealing with Open Space
conservation resource management. The structure of the elements as contained herein i:
follows: I ODen Space Element
State Law and Definition
Goals
Objectives
lmplementing Policies and Action Programs
For organizational clarity, the goals, objectives and implementing policies and ac
programs have been grouped into four categories or topics: Open Space planning
protection; obtaining Open Space; special resource protection; and trailsllinkage sysl
However, the goals apply equally to all four categories.
Conservation Element
State Law
Goals
Objectives
Implementing Policies and Action Programs
Framework for an Open Space and Conservation Resource Manaaement Plan
lnrent
Description of Open Space and Conservation Map and Comprehensive C
Space Network Map
lmplemen ta tion
11. OPEN SPACE ELEMENT
State Law and Definition
Under State Law (Section 65560 etseu.. California Government Code), cities must adop
Open Space plan for "...the comprehensive and long range preservation and conservatic
Open Space land within its jurisdiction. I' Because of Carlsbad's unique environment and C
Space opportunities, a special definition of open space has been adopted which includes
expands upon all the types of Open Space provided for in the state law. In Carlsbad, "C
Space" is defined as any area of land or water which, for whatever reason, is nor develope!
urbanized uses and which therefore enhances residents' quality of life. The Open Space
be in its natural state or modified in such a way that the modification itself contributes to
enhancement.
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I Open Space may fall into five major categories:
I) Open Space for the preservation of natural resources, including, but not limited to:
a) Areas required for the preservation of trees, forests, plant and animal
including habitat for fish and wildlife species.
b) Areas required for ecologic and other scientific study purposes.
c) Rivers, streams, bays, lagoons and estuaries.
d) Coastal beaches, lakeshores, banks of rivers and streams and watershed lar I e) Hillside, slopes and canyons necessaty for the preservation of natural resour(
Open Space used for the managed production of resources, including, but nor lim I to:
1 greenhouses.
2)
a) Forest lands, rangeland, agricultural and horticultural lands, incluc
b)
c) Bays, estuaries, marshes, rivers and streams which are important for
Areas required for recharge of ground water basins. I
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manwement of commercial fisheries.
Areas containing major mineral deposits, including those in short supply. d)
Open Space for programmed and unprogrammed outdoor recreation, including, but
limited to:
a)
b)
3)
School playgrounds and athletic fields.
Park and recreation areas, including those areas giving access to lakeshc
beaches, lagoons, rivers and streams.
c) Areas which serve as links between major recreation and Open SF
reservation, including utility easements, banks of rivers and streams, SCI
highway and railroad corridors.
Trails for walking and hiking.
Separate trails for biking and skate-boarding.
d)
e) I 9 Wilderness areas and nature preserves.
g) Campgrounds.
h) Golf courses.
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4) Open Space for aesthetic, cultural and educational considerations, including, but I
limited to:
a) Areas of important scenic, historic and cultural value, including signific,
geological, paleontological, archaeological areas.
Areas which provide a buffer between land uses, including larger than standi
setbacks around buildings and along roadways.
Areas which provide separation from surrounding communities.
Museums, arboreta, zoologic and botanical gardens.
b)
c)
d)
Open Space for public health and safety, including, but not limited to:
a)
5)
Areas which require a special management or regulations because of hazardc
or special conditions. safety zones in the vicinity of airpo
earthquake fault zones, steep slopes, unstable soils areas, watershe
floodplains, areas prone to landslides.
Areas presenting high fire risks.
Areas required for the protection of water qualify and water reservoirs.
Areas required for the protection and enhancement of air quality.
Bluffs subject to wave erosion.
Examples: II
b)
c)
d)
e)
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GOALS, OBJECTIVES AND IMPLEMENTING POLICIES AND ACTION PROGRAMS
1. OPEN SPACE PLANNING AND PROTECTION
A GOALS
A. 1 Coordinate Open Space uses with other land uses for mutual enhancement i
creation of a "human" urban environment, which includes, but is not limited
development and expansion of recreational land, conservation of natural and m
made amenities, and preservation of options with regard to agricultural land
Preserve and create an Open Space system of aesthetic value that will main,
community identity, achieve a sense of natural spaciousness, and provide vi2
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A.2
' relief in the Cityscape.
A.3 Provide a balance of visual, passive and active Open Space uses within eacl
the four quadrants of the City.
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A.4 Identify Open Space as an essential component or quality-of-life provi5
necessary to provide the citizens of Carlsbad with safe and healthy lib
conditions.
Utilize Open Space to delineate neighborhoods, the City’s boundaries anc
buffer major land uses within the City.
Preserve an adequate amount and variety of Open Space for outdoor recrea
which shall include, but nor be limited to, parks, beaches, areas for organi
sports, connecting corridors with trails, water recreation areas (beaches, lagoc
lakes), unique conservation areas for nature study, and semi-developed area5
camping.
A.5
A.6
B. OBIECTNES
B. 7 To preserve, protect and enhance those areas of the City that provide unique
special Open Space functions including, but not limited to, cultural and vi:
amenities, active and passive recreational uses, landmarks, buffers behv
incompatible land uses, wildlife habitats and unique and desirable vegetatic
To develop a cohesive policy and plan setting forth Open Space goals
guiding the systematic acquisition, protection, maintenance and financing of 0
Space and providing an organizational structure to implement the plan.
To create a more rural atmosphere in the urban environment, the City shc
identify, acquire, and protect natural Open Space areas which are visible 1
public gathering places.
To encourage public access to all Open Space areas except where sens
resources may be threatened or damaged, or where the public health and si
may be compromised.
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B.3
6.4
6.5 To mandate Open Space as a necessary provision of the local facil
management plans which are required by the Growth Management Ordinan
To provide for parks and plazas and preserve natural areas within developme
To encourage increased setbacks along arterial corridors and establish greent
or similar areas to preserve andlor create Open Space areas as a mean
maintaining community scale and identity, separating conflicting land uses,
achieving a sense of natural openness as an integral part of urban surroundi,
To establish standards of Open Space by type of Open Space rather than
general category of Open Space.
B.6
6.7
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6.9 To provide for the distribution of passive recreation areas throughout the
quadrants of the City and to separate them from active recreational uses wl
possible.
C. IMPLEMENTING POLICIES AND ACTION PROGRAMS
C. 7 Open Space shall be used to provide neighborhood, community, and City ide
and to provide separations between conflicting land uses.
C.2 An Open Space Commission shall be established. The Commissi
responsibilities shall include:
(1) Advocacy of Open Space;
(2) Presentations to the Planning Commission and City Council on C
Space issues;
(3) Continued development and revision of Open Space policies as def
by the City's Open Space ordinances and programs;
(4) Monitoring implementation of Open Space policies;
(5) Recommending priorities for Open Space, including acquisition, use,
maintenance programs, on at least an annual basis;
(6) Setting and refining guidelines for specific project review of Open Sp
The Open Space Ordinance shall require monitoring of Open Space during
entire development/construction process.
The City shall identify existing Open Space for potential enhancement to incrc
its habitat, visual, or physical values.
Ciiywide maps and diagrams shall be prepared showing the following:
(7) Natural resources
(2) Designated Open Space
(3) (4) Open Space linkages
As specific mapping information becomes available regarding Open Space,
precise information shall be depicted on land use maps, zoning maps, anc
C.3
C.4
C.5
Existing and proposed Open Space
C. 6 1 City's Open Space maps.
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C.7 City staff shall be given the flexibility to add to the Open Space inventory fi
those new areas which may be created by various circumstances.
The Growth Management Ordinance shall be utilized to implement the goals
objectives of this element and establish standards for Open Space.
C.8
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C.9 Land area that otherwise qualifies for measurement toward the Gro
Management standard but which is not available without some monetary or 01
consideration for use by the general public shall be considered as meeting c
a certain percentage of the performance standard, that percentage to
determined by the adoption of a new City standard. All other land area wt
qualifies for measurement toward the performance standard will be given IC E credit toward those standards.
C.10 The Open Space Ordinance, No. 9795, shall be revised and amended to:
more precisely identify and define lands considered as undevelopable; (2) incli
provisions for buffer areas around sensitive lands; (3) define the word signific,
and (4) include specific conditions and restrictions on non-resider I development.
U standard.
C.11 Powerline easements shall not be counted toward meeting the Open Sp
C. 12 Private golf courses may receive only partial credit in meeting the performa
standards and only if significant visual benefit is determined. The extent of
credit shall be determined by a new standard,
Schools, public or private, shall not be counted in meeting the Open Sp
performance standards.
All mappable land set aside as Open Space shall be zoned Open Space.
At the time of any discretionary approval, any land set aside for its habita
scenic value shall have an appropriate easement andlor zoning placed on i4
resource protection.
Where feasible, panoramic viewpoints shall be identified and preserved for PL
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C.15
C. 16 I use.
1 C. 17 The City shall acquire, protect or negotiate for public access to lands that c(
be used for passive recreational uses.
Open Space areas designated for recreational use should be accessible to
public and should be provided with essential utilities, public facilities
services.
Any development which may be permitted in areas identified as Open Space i
be consistent with the Open Space and Conservation Resource Manager;
Plan.
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2. OBTANING OPEN SPACE
A. GOALS
A.1
A.2
B. OBJECTIVES
B.l
Explore all means of providing for Open Space needs.
Assure new development provides for the Open Space needs of their occup; I
To utilize Specific Plans, Master Plans and Public Facility Plans to refine
implement the Open Space and Conservation Resource Management Plan.
To promote the development and preservation of Open Space and consew;
systems by developing methods of financing to acquire, preserve, and mair
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B.3 To fund by General Obligation Bonds, if possible, a well-balanced acquis
program providing a variety of Open Space opportunities spread throughoui
community.
To assure that, to the maximum degree possible, those benefitting from
acquisition or improvement of Open Space and recreational facilities shall pro
fuoding in direct proportion to the benefits they derive.
To encourage a combination of both private and public Open Space.
IMPLEMENTING POLICIES AND ACTION PROGRAM§
Exactions from new developments shall include, but not be limited to, legis/,
protection, Quimby Act dedication, park-in-lieu fees, industrial recreation 1
setback requirements, the provision of essential improvements, and the ado;
of appropriate local Facility Management Plans, Master Plans, and Sps
Plans.
An annual review of the methods and programs for acquiring Open Space
parks in the City of Carlsbad shall be conducted and should include, specific
but not be limited to, the Quimby Act standards and the park-in-lieu fees.
Initiate, coordinate, and supervise specific implementation programs for
short-range and long-range plans, including among other items the C;i
Improvement Program, Growth Management Plan, a financial plan, prop(
changes to the City’s development regulations, and the acquisition of fee and
than fee rights to land.
The City shall create a trust or other mechanism to facilitate private donation
Open Space acquisitions, protection, improvements, or maintenance.
B.4
6.5
C.
C. 7
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C. 5 The City shall encourage private donations for Open Space acquisition, protea
improvement, or maintenance by placing the donors’ names on permai
markers at the sites of their gifts.
Where public funding is necessary for Open Space purposes, General Obliga
Bonds shall be considered a highly desirable source of funding.
The City should consider the exchange of excess vacant lands for more desir,
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C.6
The City shall consider appropriate user fees for non-residents utilizing Carlsbl
Open Space and recreation facilities.
3. SPEClAL RESOURCE PROTECTlON
A GOALS
A. 1
A.2
A.3
* A.4
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Prohibit development on environmentally sensitive land and buffer areas.
Protect and preserve visually attractive andlor significant natural areas.
Preserve Open Space areas in as natural a state as possible.
Preserve optimum sustainable environmental quality levels with respect to
water, sound levels, and plant and animal life.
Preserve as Open Space, agricultural land, hillsides, ridges, valleys, cany
lagoons, beaches and other unique resources that provide visual and phy:
relief to the cityscape.
A. 5
8 8. OWECTNES
1 inclusion for densify credit.
5.1 To identify sensitive and constrained lands and prohibit their development
5.2 To protect public health and safety by preserving natural and man-made ha
areas as Open Space and taking special precautionary measures to protec
public safety where development is possible and permitted.
To preserve highly visible agricultural areas that are particularly suitable for fk
production, and to encourage preservation of such areas where economi
viable.
To preserve areas of unique scenic, historical and cultural value.
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5.4 8 5.5 To develop culturalleducational amenities within Open Space areas.
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C.7
IMPLEMENTING POUClfS AND ACTION PROGRAMS
Utilize sensitive design criteria to preserve the unique and special resources
the City and to integrate them into the design of any development.
Develop ordinances to define sensitive and constrained lands, and proh
development and density credit thereon.
Development on hillsides (if allowed) shall relate to the slope of the land in or(
to preserve the integrity of the hillsides.
Designate for preservation as Open Space those areas that provide unique vis
amenities and define the urban form. These areas shall include agricultr
hillsides, ridges, valleys, canyons, beaches, lagoons, lakes and other unic
resources that provide visual and physical relief to the cityscape by creaf
natural contrasts to the built-up, manmade scene.
Consider for Open Space, hillsides, valleys and ridges during the approval
Specific Plans, Master Plans and Planned Developments, and also at the time
subdivision.
Designate as a buffer a percentage of land next to sensitive environmental ar6
A minimum required percentage to be established by a new standard.
In developments near or adjacent to bodies of water, provide Open Space I
has public access to and views of the water.
Any grading, grubbing, or clearing of vegetation in undeveloped areas shall reqi
a City permit, with appropriate penalties for violations.
The City shall ensure that the improvements recommended for Open Space ar
are appropriate for the type of Open Space and the use proposed.
improvements shall be made in environmentally sensitive areas, except to enhai
the environmental value of the areas.
Agricultural use shall be encouraged as a permissible land use in ar
designated as Open Space in non-environmentally sensitive areas.
Prevent the premature elimination of agricultural land.
Use of the Williamson Act, land dedication, scenic easements, or Open Sp
easements shall be pursued to preserve unique and special resources 'in the C
Utilize Master Plans and Specific Plans to preserve as Open Space highly vis
areas cultivated for flower production.
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C.6
C.7
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C.9
C.70
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C.72
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4. TRAILIUNKAGE SYSTEM
A. GOAL
A. 7 Encourage larger and connected Open Space areas rather than numerous
disconnected areas.
Create natural and man-made links between Open Space areas. A.2
8.1 To address a Citywide and interconnecting trail system when considering
reviewing local facilities management plans, major development applications
applications involving potential linkage.
To ensure that there is continuity and environmental sensitivity in the routing
design of the trail system.
To route trails near environmentally sensitive areas, with appropriate buffefi
fencing.
To provide trails that serve as pedestrian and bicycle transportation befw
residential and commercial areas, as well as purely recreational uses.
IMPLEMENTING POUCIES AND ACTION PROGRAMS
8.2
6.3
6.4
C.
C.7 The City shall establish a Citywide interconnecting trail system, prim
pedestrian oriented but for bicycles where feasible.
The City shall participate with other north county communities to establist
intercommunity Open Space linkage program.
When trails are proposed or required, the City shall obtain an irrevocable offt
dedicate or a permanent easement for trailways where feasible.
The trail system shall be designed to serve both recreation and non-motor
transportation purposes.
The trail system shall provide linkage from major recreationlOpen Space are;
other areas of activity, including but not limited to residential neighborho
places of employment, schools, libraries, and viewpoints.
Trails shall be sensitive to surrounding land uses and shall normally be plz
at a significantly different elevation than adjacent residences.
C.2
C.3
C.4
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C.7 Major powerline easements may receive only partial credit and only when
are enhanced or improved and provide key links in the trail system. The el
of credit shall be determined by a new standard.
111- CONSERVATlON ELEMENT
State Law
Under Stare Law (Section 65302(d) etseq. California Government Code) cities i
adopt a conservation plan.
In order to enhance the relationship between residents and their surroundings ar;
guarantee the viability of the natural and human ecosystems, the Conservation €le/
must acknowledge and plan for the physical resources, the cultural resources, an(
natural processes within or around the jurisdiction. The following resource categc
must be included:
1. Water
2. Forests
3. Soils
4. Rivers and Other Waters
5. Harbors
6. Fisheries
7. Wildlife
8. Minerals
9. Other Natural Resources
In addition to those listed above, Carlsbad’s Conservation Element also addresse.
issues of solid waste and sewage management.
A GOALS
A.l Coordinate the conservation of natural and man-made resources with lanc
for mutual enhancement.
Conserve optimum environmental quality levels with respect to air, water, SI
levels, and plant and animal life.
Prevent incompatible development of areas that should be reserved or regu
for scenic, historic, conservation or public health and safety purposes.
Preserve an adequate amount and variety of unique conservation areas for n
A.2
A.3 I
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I nesting, and breeding areas.
A.4
A. 5 Protect wildlife habitat through the preservation and enhancement of fee
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A.6 Conserve and encourage the use of appropriate forms of vegetation and sens
grading techniques needed to: (a) prevent erosion, siltation and flooding,
protect air and water resources, and (c) protect and enhance visual resour(
Conserve Carlsbad’s hillsides and ridges as important visual and natural featu
Integrate natural waterways and courses with other Open Space systems oi
City with a view toward maximizing the benefits of them to all citizens.
Coordinate the uses of water with available resources.
Establish solid waste and sewage management programs.
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A.8
A.9
A. 10
B. OB/ECTNES
B. 1 To preserve natural resource by: protecting fish, wildlife, and vegetation habii
retaining the natural character of waterways, shoreline features, hillsides,
scenic areas and viewpoints; safeguarding areas for scientific and educatic
research; respecting the limitations for air and water resources to ab:
pollution; encouraging legislation that will assist logically in preserving tt
resources.
To develop a cohesive policy and plan setting forth conservation goals
guiding the systematic acquisition, protection, maintenance and financin!
conservation resources and providing an organizational structure to implemen
plan.
To utilize Specific Plans, Master Plans and Public Facility Plans to refine
implement the Open Space and Conservation Resource Management Plan.
B.4 To promote the development and preservation of conservation system5
developing methods of financing to acquire, preserve, and maintain conservi
programs.
To protect the unique variety of landforms distinctive of the City’s topography
ensure that the development process considers and strives to preserve t/
landforms rather than create an unnatural, uniform landscape.
To preserve the identity of those areas of the City with unique topogra,
features and establish proper soil management techniques to eliminatf
minimize adverse and unsafe soil conditions.
To manage agricultural land and prime soil as a natural resource and i
significant contrasting land use to the urbanized environment of the City.
B.2
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8.6
B.7
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B.8 To prevent the premature elimination of agricultural land and preserve said Is
wherever feasible.
To conserve, and protect the water resources including, but not limiteo
floodplains, shoreline, lagoons, waterways, lakes, ponds, and the ocean.
To conserve, develop and utilize the potable and gray water resources avail<
to the City of Carlsbad and manage development so that it does not exceeo
available resources.
To manage the disposal or recycling of solid waste and sewage within the
and regulate development so that it does not exceed available facilities.
IMPLEMENTlNG POLICIES AND ACTION PROGRAMS
Grading shall be accomplished in a manner that will maintain the appearanc
natural hillsides and other landforms wherever possible.
Soil reports, plans for erosion and sediment control measures and provisiona
maintenance responsibilities shall be a requirement of any approval proces
Ordinances shall be developed and implemented limiting the density, inter
and character of development of hillside areas and ridges and shall pro
standards for sensitive grading where development of hillsides is allowed.
Natural water resources in the City of Carlsbad shall be maintained in as na
a state as possible by: (a) conserving or improving the appearance and eco
of those which are in a relatively untouched condition; (b) restoring
accordance with recognized ecological principles and insofar as it is poss
those water areas which have been significantly altered, to a condition whic
most beneficial to the public; and (c) simulating a natural condition in a
which are to be altered in the future for purposes of safety engineering, M
conservation, or recreation.
8.9
8.10
8.17
C.
C. 1
C.2
C.3
C.4
C. 5 Industrial waste, agricultural runoff, water softener discharges, domt
detergents, and other forms of water pollution shall be prevented from ente
the storm drain system and polluting the City's water bodies.
Sensitive design criteria shall be utilized to protect the integrity of the M
resources in the City.
Alteration of waterways and water bodies that would cause significant adv
impacts on the environment shall be prohibited.
Urban development shall take place in those areas that are the least agricultL
productive.
C.6
C.7
C.8
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C.9 The City shall support and utilize all measures available, including the William:
Act, not only to prevent premature developments, but also to promote
economic viability of agricultural uses.
Proper design criteria shall be utilized to maximize the preservation of agriculti
lands.
Landowners and interested citizens shall be provided with information ah
agricultural preserves as established by the Williamson Act and shall
C. 10
C. I1 I encouraged to utilize it.
C. 12 The policies of the California Coastal Plan shall be recognized and implemen
when reviewing potential development in the coastal area.
The City shall assist other organizations in providing for their specific conservai
needs.
Growth Management standards shall be adopted to ensure the timely provis
of adequate potable water.
Growth Management standards shall be adopted to ensure the timely provis
of solid waste management and sewage disposal capacity.
C. 13
C. 14
C. 15
IV. FRAMEWORK FOR AN OPEN SPACE AA I CONSERVATION RESOURCE MA NAG EMENT
PLAN
1. INTENT OF PLAN
This section, including textual content, graphic presentations i
subsequent, mandated Open Space zoning requirements, constitute
framework for an Open Space and Conservation Resource Managen
Plan. The intent of the Plan is to accomplish the goals, objectives i
policies of the elements and to focus City efforts for the presetvat
acquisition and maintenance of Open Space and conservation areas.
Plan shall be structured to identify the resource areas and estab
standards for acquisition and development, The intent is to man(
properly the City’s environmental resources and Open Space anc
develop specific criteria for the protection, maintenance and enhancen
of valuable natural, economic and cultural resources. Once the Plai
formulated and adopted, it shall replace the framework as part of the 01 I Space and Conservation Elements.
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2. DESCRIPTION OF OPEN SPACE AND CONSERVATTON MAP A
COMPREHENSNE OPEN SPACE NETWORK MAP
The maps entitled "Open Space and Conservation Map" i
"Comprehensive Open Space Network Map" are concept
representations of Open Space and conservation intentions in the C
As such, the areas identified on these maps shall constitute prime an
for protection, acquisition and maintenance through the Open Space i
Conservation Resource Management Plan.
The Open Space and Conservation Map is comprised of the followin
(I) Existing and future Open Space and conservation areas
presently shown on the General Plan Land Use Map including
publicly-owned or dedicated Open Space lands (Le., parks, Ll
Calavera, Macario Canyon and San Marcos Canyon).
(2) Additional areas of environmentally-sensitive lands which
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prohibited from development by the Open Space Ordinar
(Ordinance No. 9795). These lands include beaches, lagoc
wetlands, floodways, other permanent water bodies, riparian an
and steep slopes.
Additional areas of Open Space which were obtained through
Master Plan, Planned Development or development apprc
process. Because of the scale of the map only the larger ones
shown.
The map also shows the areas of the City where additional 01
Space is required by the Growth Management Plan. Until the LC
Facilities Management Plans are prepared for the areas,
specific location of the Open Space is not mapped but can
include environmentally-sensitive lands which are prohibited fi
development by the Open Space Ordinance.
(3)
(4)
A formalized procedure shall be created for adjusting the boundarie:
any Open Space area shown on the map. Findings required for
approval of a boundary adjustment to the map could include the followr
A. The Open Space area is of equal or greater area; and
B. The Open Space area is of equal or greater environmental qua
and
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C. The boundary modification is made in order to provide
enhancement to an environmentally sensitive area; and
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D. The adjusted Open Space is contiguous or within close proxii
to the Open Space shown on the Open Space Map.
The City Council may also modify the boundary location showr
the Open Space Map but only if it finds that the modificatioi
necessary to mitigate a sensitive environmental area whicl
impacted by development provided the boundary modifica
preserves Open Space at a 2 to 1 ratio and is within cl
proximity to the original area of Open Space.
E.
City staff shall be given the flexibility to add to the Open Space i
Conservation Map new Open Space areas which may be created
circumstances. Also, as more detail becomes available regarding 01
Space areas, the map shall be updated to reflect the additional /eve
detail.
The Comprehensive Open Space Network Map is a graphic, concep
representation of a comprehensive linked system of Open Space.
includes the following:
A. The larger, publicly-dedicated Open Space areas, community p:
and potential sites which would be linked together by the netwl
B. Existing Open Space linkages.
C. Additional potential linkage routes. These potential links wo
help to complete the overall network and could be used for tra
natural Open Space buffers and peripheral greenbelts.
Potential linkage points with adjoining cities. D.
It is recognized that the potential linkage routes are not precise locatic
and have not been preserved as public Open Space. It is proposed 1
these links be obtained through compliance in meeting the City’s 0~
Space performance standards or through other means of public acquisil
or protection.
Public street rights-of-way or major powerline easements shall be used
linkage in the network only if it is determined that no other desira
alternative is available to the City without public purchase. Considerat
should be given to safety and aesthetics. I
3. IMPLEMENTATION
Development of a viable plan for Open Space and Conservation Resour
Management requires a concurrent implementation program. Such a progr:
must identify public and private areas of cooperation and the tools needed I
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develop a plan. As scch, this implementation program discusses existing sour
of funds for Open Space land, methods of preserving Open Space, existing I
use controls and a program for the implementation of a plan.
The preservation of Open Space often requires interference with the indivic
property rights of the private land owner. It should also be understood that
Plan cannot be implemented without some cost to the City, even if only the (
of administration. However, as this section indicates, the City need not buy a
simple interest in every acre of land it wishes to preserve as Open Space. TI.
are other methods available to accomplish the same purpose.
This implementation section consists of four parts: A) A list of method:
acquiring Open Space; B) A list of financing techniques; C) An acquisition
financing matrix; and 0) Recommendations for other actions to be undertaker
the City in formulating a detailed implementation program for an Open Space
Conservation Resource Management Plan. The methods for acquiring 0,
Space and financing techniques are described in detail in the appendix sect
A)
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METHODS OF ACQUIRING OPEN SPACE
(1) . Special Zoning
(2) Land TrustslConservancy
(3) Special District or Authority
(4) Williamson Act
(5) 1 General Plan, Growth Management and Other Zoning Ordinance,
€3) FINANCING ECHNIQUES
(I) General Fund I (2) General Obligation Bonds
(3) Limited Obligation Bonds
(4) Senior Obligation Bonds
(5) Ouimby Act Impact Fees
(6) Public Facilities Fee
(7) Tax lncrement Financing
(8)
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Sales and Use Tax Increment
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(9) Mello-Roos Community Facilities Districts I (1 0) Revenue Bonds
(I 7) Certificates of Participation
(1 2) Benefit Assessment District 1 (13) User Fees
(14) Concessions
(15) Other Tax Revenue
(1 6)
(77) State Grants
1 Private Grants or Donations
Several state grant programs exist which provide funds for Open Spi
acquisitions or improvements, including the following:
7. Coastal Conservancy: Agriculture Preservation Projects
2. Coastal Conservancy: Coastal and Bay Public Access Progi
3. Coastal Conservancy: Coastal Restoration Projects
4.
5. Coastal Conservancy: Enhancement Grants
6. Coastal Conservancy: Site Reservation Projects
7. Coastal Conservancy: Urban Waterfronts Restoration Progrt
8. Fish and Game: Public Access Program
9. Parks and Recreation: Land and Water Conservation I7
1 Coastal Conservancy: Nonprofit Organization Assistance Progr
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Program
. 10. Resources: Environmental License Plate Fund I 7 1. Proposition 70: Parks and Wildlife Initiative
12. Water Resources: Davis-Grunsky Act
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1 C) ACQUlSlTlON AND FlNANClNG MATRIX
The matrix included herein illustrates the primary and secondary acquis
and financing techniques recommended for different types of Open S,:
in different types of planning areas. Three common types of planning a
which have varying opportunities and constraints for Open S,:
preservation are presented in the matrix:
0
0
0
For each community type, five kinds of Open Space are identified:
0 Environmentally constrained land;
e Visual Open Space;
0 Recreational land;
I
Built-out communities with mostly small ownerships;
Undeveloped communities under multiple ownerships;
Undeveloped communities under large ownerships;
I 0 Agricultural land;
0 Trails.
OTHER RECOMMENDATIONS FOR 1MPLEMEWATlON OF A PLAN
1.
D.
Coordinate the City's Open Space and Conservation efforts with t,
of other affected agencies.
2. Conduct detailed analysis of archaeology, paleontology, geo
hydrology, soils, plant and animal ecology, climate, and (
resources which are fundamental to the planning of a viable
effective Open Space and conservation system.
Develop detailed demand estimates, space standards, and service
criteria for all forms of Open Space, conservation, scenic highway:
recreation in the City.
Compare the full range of demands for various types of Open Sf
conservation, scenic highways and recreation lands with the inve
of natural and man-made resources of the City.
1
3.
4.
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5. Develop a procedure by which the City can monitor and man:
the economic effects of actual change produced by public i
private sector development actions.
Prepare design standards for improvements to prototype site pli
and Open Space, conservation, scenic highway and recreat
6. 1 lands.
1 7. Provide information to the public on estate, income, and propc
tax and other matters relating to various forms of gifts to the C
Within one year of adoption of these elements, the Cily si
prepare an Open Space and Conservation Resource Managem
Plan. The Plan shall be updated at least every three years a
adoption. The purpose of this plan shall be to optimize the bene
of the City’s unique features, setting and environment, ana
provide for the recreational, public health and welfare needs of
population.
The Plan will consist of maps of the entire City on which will
indicated all existing and proposed Open Space and conservai
areas, trails, and habitat links. The Plan will define standards
Open Space and conservation facilities to be included in
Growth Management Program and other City programs i
1 ordinances. The Plan will also include text .and grapt
describing each of the lands or locations, including
approximate size of the sites, the purposes and functions they
intended to serve, their current status of development l
ownership, their estimated costs, and the means recommendec
implement their inclusion in the system. These recommendatil
shall describe the character of ownership desired, the financ
method to be used for the acquisition, the methods
implementation, and the operational costs and responsibilities
the facilities.
Undertake specific site evaluations with the intent of securing 01
Space easements in accordance with adopted policies and pk
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70. The following is an Open Space inventory listing which shall be comple
as part of the Open Space and Conservation Resource Management PI
This list may be added to or modified in the future as deemed necessi
Type of Open Space Quantity Now QuantityfBuild Out Goal
- Ecological Preserves Under existing ordinances
- Streams (June 30, 1989)
- Lagoons, active:
skiing
wind surfing
canoeing
- Lagoons, passive - Beaches: ocean
lagoon
lake
- Hillsideslcanyons
- Woodlands
- Equestrian facilities - Agricultural:
Flower fields
Greenhouses
Horticulture
Field Crops
. - School Grounds
- PksIRec. Public:
soccer
tennis
golf
picnic
softball
play apparatus
football
basketball
swimming
handball
skateboarding
- PkslRec. Private:
soccer
tennis
golf
picnic
softball
- Aquaculture
I play apparatus
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football
basketball
swimming
handball
skateboarding
- Utility Easements
- Railroad Corridors - Arterial Setbacks
- Trails:
walking
bikinglskate bd ti roller
equestrian
public I private
- Campground:
- Golf Courses:
public
private
- Historic Areas
- Paleontological Areas
- Geologica! Areas (unique) - Greenbelt Buffers
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OPEN SPACE 1 CONSERVAT
LEGEND
0 Open Space
Tho onen space ldentl‘ied 15 8 COrnPOPtC 03 genera Dm“ OW” SmCB
aPIroved Master P a“ open $Dace and envlronmenfall” co”Straln.30
measine 0 menscne are *enera, and bane6 on me 5cae Of the
EO are not n ended to ieiresent orec %e or e@ boundaries
2r Zones Requrmg Supplemental Open Space
COMPREHENSIVE 01
- SPACE NETWC
OPEN SPACE,
AND TRP
South Carlsbad Beach
TI* open space #denwed IS a EOmDOIlte 01 genera, Jld" Ope" space. approves Nasfer Plan open space and e" Y,ranmenially c;nslra,"ed areas ibe dlmeni On5 are 9eneral and bared on the 5C*If 0, the map are "0, n tended to reireierl precre or legal bounddrte5
".,_ @ Potentla1 Pedestrian Crossing
O"Wpa88!U"de,Da8s
Potential Intercity Link
'$ ...** Potential Primary Trail System
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I SECTlON V
I APPENDlX
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I (1) Special Zoning
METHODS OF ACQUIRING OPEN SPACE
Special zoning is when a City uses its police power to apply restrictions to reduce
intensity of development on a property and increase the level of required Open Spz
Special zoning actions include the following: floodplain zoning; ocean-submerged I
zoning; zoning to preserve scenic amenity (height limits, sign control, architecl
control, etc.); exclusive agricultural zoning, Open Space zoning; zoning for large
(estate zoning); and planned unit developments with Open Space requirements (clu
developmen t) .
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(2) Land TrustslConservancy
A land trust or consetvancy is a private non-profit organization which uses some p~
funds combined with private individual donations and foundation grants to acquire
maintain Open Space. The most important activity of local trusts in the acquisitio
land facing development pressure, either currently or as the City expands. Ano
opportunity for land trust activity is found in conservation easements. In tk
arrangements, the trust arranges the easements. The trust is granted the developn
rights on rural propem, while the landowner holds leaseback rights for contin
farming. An advantage to this method of conservation is that the local government c
nor assume responsibility for maintenance of the property. Moreover, the owner ret
the right to sell the land for Open Space uses.
There are approximately 40 rural land trusts in California, most of them in nortl
California.
(3) Special District or Authority
The City may attempt to establish an Open Space Authority or Special District with
power to issue bonds for Open Space acquisition. The authority or district may n
special state enabling legislation, particularly if granted taxing powers. The Counl
Santa Clara recently attempted to form a joint-powers Open Space authority which cc
raise excise taxes on property if approved by a simply majority. The state legisls
passed the enabling legislation, but the Governor vetoed the legislation, partly becc
it did not require a two-thirds voter approval for the tax increase. Without the ta
owners, debt issued by a special district or authority would have to be revenue bc
or certificates of participation, perhaps funded by lease payments made by the I
These revenue bonds or certificates of participation amortized by City lease paym
might nor require voter approval. The City would have to find a source for funding
annual lease payments.
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I (4) Williamson Act
The Williamson Act currently is used in Carlsbad to presetve agricultural lands in
City. The Williamson Act allows property owners to pay property taxes based
agricultural use if it is maintained as agricultural land, even through the property h:
much higher economic use and value.
(5) General Plan and Zoning
The City of Carlsbad already has several zoning ordinances to protect Open Space, s
as the Open Space Ordinance, Growth Management Open Space 75 Per(
Performance Standard, the Hillside Ordinance, the Revised Planned Developn
Ordinance, Residential and Industrial Park Land Dedication policies, as well as the 0,
Space Element of the General Plan. Although zoning can preserve Open Space to s(
extent, and be used to acquire Open Space through the subdivision approval procc
zoning must allow some economic use to property, whether that be agricultural us(
a use restricted to a certain portion of the property. Also, zoning is subject to cha
over time, particularly in areas experiencing growth. Appropriate zoning is critical,
does nor guarantee permanent Open Space as well as public land ownership thro
purchase and dedication.
FINANCING ECHNIQUES
(1) General Obligation Bonds
A City may issue general obligation bonds to acquire Open Space or park land an)
build facilities. Proceeds may nor be used for maintenance and operations. lnves
consider general obligation bonds and the most secure form of tax-exempt bonds SI
they are secured by an ad valorem tax on all taxable property (including commerl
industrial, and residential) at any rate necessaly to amortize the bonds; conseque
interest rates are lowest for these types of bonds. The major difficulty of issuing gen
obligation bonds is the ability to get the required 213rds voter approval. I
(2) Limited Obligation Bonds
Limited obligation bonds are similar to general obligation bonds except that the bo
are secured by a specified source of revenues a Cily already receives, including prop
and sales tax. Taxes are nor increased; consequently, funds that might be used for o
City functions are dedicated to these bonds. Limited obligation bonds also req
approval by 213rds of the voters.
(3) Senior Obligation Bonds
The Community Rehabilitation District Law of 7985 permits a City to rehabilitate ca,
facilities, such as parks, by forming a community rehabilitation district in every l
except a redevelopment project area. The City may issue senior obligation bond
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finance these improvements with only a simple majority approval of the voters.
secure payment, a portion of property tax revenue is dedicated to amortize the bo, 1 (4) Quimby Act Impact Fees
The City already uses impact fees authorized by the Ouimby Act to acquire and devc
park and recreation facilities. These fees are paid when parcels are too sma,
dedicate land for parks, or when the City allows a property owner to pay the fee in
of dedicating land. The City is divided into four park districts bounded by El Carj
Real and Palomar Airport Road. Fees collected within these districts must be usec
the benefit of the respective districts.
(5) Public Facilities Fee
The City established the public facilities fee to finance the infrastructure, including pz
needed to support new development. The fee was designed so that developers pa!
their share of future improvements as development occurs. Currently, there is
standard for Open Space under the public facility fee, but there is a standard for 1
space. The City may add Open Space or develop a broader definition of park spac
include Open Space areas.
(6) Tax Increment Financing
Used within a redevelopment project area, tax increment financing is based upor
valorem property taxes generated from the increase in assessed valuation create(
new development and property turnover that occurs in the redevelopment project s
The assessed valuation of the project is set at a base level during the year of i
adoption. Each fiscal year following adoption of a redevelopment plan,- a negoti(
portion of the taxes generated by the assessed valuation that exceeds the base
level -- the tax increment -- is paid to the redevelopment agency and can be use<
eligible redevelopment activities. A City may use tax increment financing to devc
parks or acquire Open Space elements. Funds used for these purposes, however
not directly increase tax increment in the redevelopment project area, and would rec
the amount of funds available for other redevelopment improvements.
Sales and Use Tax Increment
A redevelopment agency can impose a sales and use tax of I percent or less on r
sales and use of personal property, if the redevelopment agency operates in a City
will give credit against its own sales and use tax for any taxes paid to the redevelopr
agency. Consequently, the imposition of this tax will not increase the tax burden oli
local community. This tax revenue can be used to develop park space 01: acquire C
Space in a redevelopment project area; however, bonds supported by sales taxes
considered more risky than bonds supported by property tax increment.
(7)
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8 (8) Mello-Roos Communi6 Facilities Districts
A community facilities district may be formed to provide for the purchase, construci
expansion or rehabilitation of any property necessary to meet increased dema
resulting from development or rehabilitation occurring within the district. Facil,
financed by Mello-Roos include parks. Maintenance costs may also be funded t
Mello-Roos District. Revenues are acquired through a special tax, and the district l
issue bonds secured by the proceeds of the special tax, subject to a two-thirds appr
of voters in the district. If the district contains less than 72 owners, such as a dis
conterminous with a few large ownerships, votes are by acreage. Consequently, Mc
Roos Districts normally are formed to finance improvements associated with I
communities.
(9) Revenue Bonds
Revenue bonds might be used to finance certain Open Space or recreation areas wi
generate a revenue stream that is sufficient to secure a bond issue. Debt ser
payments are met from charges placed on the users of the facility. For Open Spac
recreation facilities, a lease revenue bond may be more appropriate. This instrumer
typically issued by non-profit corporations or authorities to construct a public facility
is leased to another public entity, such as a City, which holds a security position to IT
lease payments that in turn cover debt service payments on the bond. A City may l
issue a lease revenue bond supported by lease payments made by a private entity, s
as a golf course operator or perhaps even an agricultural operation using public i
acquired in part by the proceeds from the revenue bond. A revenue bond requirt
simple majority approval of the voters, while a lease revenue bond, which does
constitute indebtedness, can be authorized by a resolution of the issuer governing bo 1 (1 0) Certificates of Participation
Similar to lease revenue bonds, Certificates of Participation (COPs) are financed by 16
payments (with an option to purchase or a conditional sale agreement) to finance IT
public projects including recreational facilities such as parks and golf courses. The
leases the facility from a lessor such as a private leasing corporation, a non-p
corporation, or another public agency. A financial institution pays the lessor cash foi
present value of future lease payments. The lessor uses the cash to fins
development of the facility. Investors purchase certificates of participation in the le4
a trustee holds security, and an escrow agent collects the lease payments and distrib
them to the holders of the certificates of participation. A City may use general fui
dedicated funds, or reimbursed revenue to make lease payments. COPs do
constitute indebtedness under the state constitutional debt limitation and do not req
voter approval.
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I (7 7) Benefit Assessment District
Benefit assessment districts are used to fund public improvements that benefit pric
beneficiaries. Properties within the benefit area pay a proportional share based on ti
proximity to the improvement, assessed valuation, the size or frontage of the parcel
some other measure proportional to the benefit received. Bonds may be issued secu
by the assessments. Maintenance assessment districts are established to maintain
public improvements installed. Special assessment districts are nor limited
Propositions 73 and 4 (the Gann Initiatives). Special assessment financing is applic;
when the value or benefit of the improvement can be assigned to a particular se
properties, and should nor be used if the project is a public good for an er
community. Examples of Open Space improvements that may be financed
assessment districts include landscaping.
(72) User Fees
User fees may be imposed to finance on-going maintenance costs. Fees may incl,
parking fees, camping fees, recreation program fees, boating fees, etc.
(7 3) Cancessions
Revenue from private concessions, such as restaurants, food outlets, private recrea
operations, etc. may be used to help finance maintenance and improvement c(
elsewhere in the park. Concessions are more applicable to active-recreation 0, I Space.
(74) Other Tax Revenue
Revenue may be acquired by raising taxes as the Transient Occupancy Tax, Busin
License, or an excise tax on certain items, and dedicating this revenue to the acquisi
and maintenance of Open Space. 0
(75) Private Grants or Donations
The City or community may establish a local conservancy or Open Space land trust
seek private donations, foundation grants, and government grants for the acquisition
restoration of Open Space. Donations may either be land dedication or c
contributions. The non-profit organization might sponsor fund-raising drives suct
"purchase a square foot of Open Space."
(76) State Grants
Several state grant programs exist which provide funds for Open Space acquisition
improvements, including the following:
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1 7. Coastal Conservancy: Agriculture Preservation Projects
Established to work with property owners and local governments within the coa
zone to find long term solutions to protect agricultural lands threatened by urj
development, using tools such as the transfer of development rights, purchasc
development rights, the purchase of easements, and realization of suppleme,
land uses.
2. Coastal Conservancy: Coastal and Bay Public Access Program
Established to provide grants or loans for the construction of public acc
facilities within the coastal zone.
3. Coastal Conservancy: Coastal Restoration Projects
Established to correct undesirable development patterns in the coastal zone
restoring areas which affect the coastal environment or impeding ord
development because of scattered ownerships, poor lot layout, inadequate pi
and Open Space, and incompatible land uses.
4. Coastal Conservancy: Nonprofit Organization Assistance Program.
Established to provide technical assistance to non-profit organizations and I(
trusts, and to provide loans and grants to undertake projects designed to pro\
access to facilities, restore coastal wetlands. and other sensitive resources, l
to acquire parcels of land for agricultural protection, viewshed protection or re/;
purposes. i 5. Coastal Conservancy: Enhancement Grants
Established to enhance and restore coastal habitat through conflict resolut
acquisition of property including less than fee interests, and physical enhancen
of sites.
6. Coastal Conservancy: Site Reservation Projects
Established to acquire key coastal lands for parks, recreation, fish and wilc
habitat, historical presewation or other scientific study. The Conservancy I
acquire the property and hold it until the local agency or nonprofit organiza
has the funds to purchase the property from the Conservancy; thereby protec
the land on an interim basis.
7. Coastal Conservancy: Urban Waterfronts Restoration Program
Established to assist local governments plan and provide waterfront developn
and private investment in near-shore areas, and to encourage developmen
high-priority land uses including public recreation and shore-line access.
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M 8. Fish and Game: Public Access Program
Established to acquire lands and develop facilities suitable for recreatic
purposes, and that are adaptable for conservation, propagation and utilizatio,
the statefs fish and game resources.
This is not a grant program, but instead facilitates state projects developec
cooperation with local government. Examples include lake and strc
improvements, artificial marine reefs, trails, land and water acquisition for hai
preservat/on, or wildlife protection and conservation.
9. Parks and Recreation: Land and Water Conservation Fund Program
Established to provide matching funds, 50 percent grants on a reimbursable b;
to local agencies to assist in the acquisition and development of outc
recreation areas and facilities.
70. Resources: Environmental License Plate Fund
Established to support a variety of projects which help preserve Califorr
environment. For example, Oceanside received a $1 65,000 grant for the Bu
Vista Lagoon Nature Center.
11. Proposition 70: Parks and Wildlife Initiative
Passed in 1988 by statewide referendum, this initiative provides funds, suppo
by bonds, to finance habitat restoration, park development, and wilc
preservation.
7 2. Water Resources: Davis-Grunsky Act
There are seven types of assistance available to local agencies under this ac
construction projects related to dams and reservoirs, including grants for the
of construction cost allocated to recreation and the enhancement of fish I wildlife.
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VOLUME N
SECTION V 1 APPENDIX
REPORT OF THE
CITIZENS COMMITTEE FOR REVIEW OF
CARLSBAD’S OPEN SPACE PLAN AND PROGRAMS I
JULY, 1989
Ci of Carlsbad
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TABLE Of CONTENTS
PAGE
SECTlON V. APPENDIX - VOLUME II
A. StafflConsultant Reports ... A- 1
B. Committee Minutes ... B- 1
C. Commentslinput From Public ... c- 1
D. List of Approved Motions ... D- 1
E. Matrix of Comparison with Other Cities ... E- 1
F. Financing Matrix ... F- 1
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I SECTiON V
A. STAffICONSULTANT REPORTS
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TABLE OF CONTENTS
PAGE
Summary of City of Carlsbad Open Space Provisions - undated ... A- 1
Open Space Report to Citizens Committee to Study
Growth dated 6/27/88 ... A- 2
General Plan and Updated Open Space Element dated 2/8/89 ... A- 9
1 PlanlDensity Transfer and Clustering dated 2/8/89 ... A- 14
15% Open Space Performance Standard of Growth Management
Carlsbad Open Space Review Comparative Studies wlmatrix-undated. .. A - 23
Methods of Acquisition and Funding - undated ... A- 39
A- 51 I Carlsbad Agricultural Programs - undated.. .
Administration of Open Space dated 3/8/89 ... A- 69
Trail System dated 3/8/89.. .
DescriptionlPurpose of Open Space Map dated 3/22/89.. .
A- 76
A- 80
A- 87 Open Space Administration Systems dated 3130189 ...
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I SUMMARY OF CITY OF CARLSBAD OPEN SPACE PROVISIONS
General Plan - Shows generalized boundaries of presently designate open space areas. The General Plan Map is not meant to reflec precise boundaries of open space areas and does not include all th future open space areas that will result from the City's open spac provisions.
Open Space Ordinance - Restricts the development of certai environmentally-sensitive, open space lands including beaches permanent bodies of water, floodways, steep slopes, wetlands riparian and woodland habitats and other significant environmenta areas as identified in the environmental review process. Prohibit density credit for these lands.
Growth Manasement Open Space Performance Standard - Requires a
additional 15% of the total land area in each undeveloped facilit management zone to be set aside for permanent open space. The 15 cannot include any environmentally-constrained land.
Hillside Ordinance - Greatly restricts the amount of grading tha can be done on hillside property. Limits the overall volume o grading (maximum 10,000 cubic yards per acre), the height of cu and fill slopes (maximum 30 feet) and the design of the gradin
(contouring, building setback from canyon ridges). Prohibit development of 40% slopes. Requires a Hillside Permit for an project proposed on hillside land (15% or greater slope).
Natural Resource Inventory - Shows the generalized location o
significant natural resource lands in the City. The inventory ma
is to be used as a tool for planning future open space areas, fo identifying environmentally-sensitive lands and for updating th open space section of existing Master Plans.
Revised Planned Development Ordinance - Requires all Planne Residential Development (PRD) projects to provide 200 square fee
of common open space area per dwelling unit for recreationa
purposes.
Residential Park Land Dedication - Increased the requirement fo
park land dedication from 2 1/2 acres to 3 acres per 1000
population. Requires total park land dedication to be made wit the first final map in a Master Plan area rather than incrementa dedication.
Industrial Park Land Dedication - Requires developers in the City' industrial corridor to construct or fund an open space area(s) t provide recreational facilities for the employees working in th corridor.
MJH: kd OSPROV. SUM
A- 1
STAFF REPORT
DATE : JUNE 27, 1988
TO: CITIZENS COMMITTEE TO STUDY GROWTH
FROM: Planning Department
OPEN SPACE REPORT
Backaround
As part of the Land Use Element Review of 1985, the Citizens
Committee passed a motion that there was adequate open space designated in the General Plan. At that time, the General Plan
Map designated approximately 4,500 acres as open space or less
than 20% of the total land area in the City.
There was a minority opinion on the Committee that there was
not adequate open space designated in the Plan.
The City Council eventually supported the minority opinion and as part of the Growth Management Plan, a series of new open space ordinances, requirements and standards were adopted. As
a result, the amount of open space will a:Lmost double (to
approximately 40%) from what the General Plan Map showed when
the Citizens Committee reviewed the Land Use Element in 1985.
Open Space Provisions of Growth Manaaement Plan
As a result of the Citizens Comm?Lttee recommendations, the following open space standards and requirements were adopted and incorporated into the Growth Management Plan.
1. Open Space Ordinance - Restricts the development of certain environmentally-sensitive, open space lands including beaches, permanent bodies of water, floodways, steep slopes, wetlands, riparian and woodland habitats and other significant environmental areas as identified in the environmental review process. Prohibits density credit for these lands.
2. Growth Manaqement Olsen Space Performance Standard - Requires an additional 15% of the total :Land area in each
undeveloped facility management zone to be set aside for permanent open space. The 15% cannot include any
environmentally-constrained land. Examples of the areas
which would qualify for meeting the 15% requirement would include greenbelts, pocket-parks, trails, increased setbacks along scenic corridors, and open space links between environmentally-sensitive areas. The 15% also cannot include required community parks or school
playgrounds.
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JUNE 27, 1988 CITIZENS COMMITTEE TO STUDY GROWTH
PAGE 2
3. Hillside Ordinance - Greatly restricts the amount of grading that can be done on hillside property. Limits the overall volume of grading (maximum 10,000 cubic yards per acre), the height of cut and fill slopes (maximum 30 feet) and the design of the grading (contouring, building setback from canyon ridges). Prohibits development of 40%
slopes. Requires a Hillside Permit for any project proposed on hillside land (15% or greater slope).
4. Natural Resource Inventory - Shows the generalized location of significant natural resource lands in the City. The inventory map is to be used as a tool for planning future open space areas, for identifying environmentally-sensitive lands and for updating the open space section of existing Master Plans.
5. Revised Planned Development Ordinance - Requires all
Planned Residential Development (PRD) projects to provide
200 square feet of common open space area per dwelling unit for recreational purposes. This requirement applies to residential projects that have smaller lots or attached single family units. Because the City does not know how many of these types of projects will be proposed in the future, open space land resulting from this requirement has not been included in any of the estimates for total projected open space in the City.
6. Residential Park Land Dedication - Increased the
requirement for park land dedication from 2% acres to 3
acres per 1000 population. In addition, requires total
park land dedication to be made with the first final map
in a Master Plan area rather than incremental dedication.
7. Industrial Park Land Dedication - Requires developers in the City's industrial corridor to construct or fund an open space area(s) to provide recreational facilities for the employees working in the corridor.
In developing the new open space provisions of the Growth Management Plan, considerable thought went into how open space
could be increased without requiring the citizens of Calrsbad
to have to condemn, acquire or purchase otherwise developable,
privately-owned property. The first two provisions listed above (1 Open Space Ordinance and 2 Open Space Performance Standard) are the key to addressing this issue. The Open Space
Ordinance restricts the use of environmentally-constrained
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JUNE 27, 1980
CITIZENS COMMITTEE TO STUDY GROWTH
PAGE 3
areas and no density credit is given. Most property owners
understand and agree that these areas should be restricted from
development. The Open Space Performance Standard requires an
additional 15% of land to be set aside for open space purposes.
Because this cannot be environmentally-constrained land and is
otherwise entirely developable, density credi.t is given. The
density credit for this 15% additional land area was calculated
into the dwelling unit limitation of Proposition E approved by the voters.
Local Facilities Manacrement Plains
Open space was determined to be an essential public facility
under the Growth Management Plan just like the other facilities (i,e, sewer, water, circulation) e As such, the Facilities Management Plans for each one of the 25 zones into which the City was divided must address open space. In preparing the Facilities Management Plans, two open space items are addressed: 1) The environmentally-constrained areas which are restricted from development and excluded from density calculations are more precisely identified. This is done using a detailed 1:200 scale map: 2) the zone plan must show how the
15% additional open space performance standard will be met as
development occurs.
General Plan MaD
The City's General Plan map shows the generatlized boundaries
of presently designated open space areas, The map is not meant
to reflect precise boundaries of open space areas and does not include all the future open space areas that will result from
the open space provisions of the Growth Management Plan. Many
of the areas will be revised and expanded as, part of meeting the Growth Management Open Space ]Performance Standard or as part of the City's program to update all the existing master plans -
EXamDleS of IncreaseU Open Space As a Result of The Growth Manaqement Plan
The three most recently approved Local Facilities Management Plans provide examples of a comparison of the amount of open space previously-designated on the General Plan Map and what was actually required under the new open space provisions of
Growth Management. The three zone plans are Zone 11 (La Costa
Southeast), Zone 12 (La Costa Southwest) and. Zone 19 (Hunt). Exhibits A, B and C (attached) show an acreaige comparison of what was designated on the General Plan (G. P. Map) and what was
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JUNE 27, 1988 CITIZENS COMMITTEE TO STUDY GROWTH PAGE 4
required as part of the approved Local Facilities Management
Plans (G.M.P.) for these three zones.
For the three zones taken together, the total acreage is as
follows:
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G.P. Mav G.M.P Increase
743 Acres 1,850 Acres 1,107 Acres
Citywide Open Space Projection
As a result of the Citizens Committee Review of the Land Use Element in 1985 and the subsequent open space provisions of the Growth Management Plan, staff has estimated that approximately 10,000 acres or 38$% of the total land area in the City is projected to be set aside for open space uses.
There are approximately 25,600 acres in the City. The projected open space acreage projections are as follows:
I. Presently shown on General Plan Map - 2,078 Acres
1 11. Constrained Land - 3,863 Acres
111. 15% Performance Standard - 2,856 Acres
IV. Parks and Special Use Areas - 1,094 Acres
Total 9,891 Acres
(Exclusive of environmentally- constrained land)
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Attachments:
Exhibits IIAII I?Bl? & WCII
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I STAFF REPORT
DATE : FEBRUARY 8, 1989
TO : CITIZENS COMMITTEE TO STUDY OPEN SPACE I FROM: PLANNING DEPARTMENT
GENERAL PLAN AND UPDATED OPEN SPACE ELEMENT
I. The General Plan
California State Law requires each City to adopt a general plai "for the physical development of the City." The role of eacl community's general plan is to act as a "constitution@' fo: development, the foundation upon which all land use decisions arc to be based. It expresses community development goals and embodier
public policy relative to the distribution of future land use, bot1 public and private.
Preparing, adopting, implementing, and maintaining a general pla!
serves to:
1) Identify the community's land use, circulation environmental, economic, and social goals and policie as they relate to land use and development.
2) Provide a basis for local government decision making b- setting the goals and policies upon which all land USI ordinances and standards should be based. I
3) Inform citizens, developers, decision makers, and othe cities and counties of the ground rules that will guidi development within the community.
The general plan bridges the gap between community values ani actual physical decisions.
The overriding goal of the Carlsbad General Plan is to provide fo the development of Carlsbad as a carefully planned, balance community that will provide its citizens with the full range o physical facilities and human services that will ensure a life o quality for all.
This goal envisions a community composed of cohesive neighborhood and areas of varied size and socio-economic structure groupe around an appropriate number of centers providing communit services in a safe, attractive, pollution-free environment, base on a sound, viable economy.
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State Law provides that the general plan must address seven elements (Government Code Section 65302). These and the issues each embodies are briefly summarized below:
. The Land Use Element designates the general distribution and
intensity of uses of the land for housing,, business, industry, open space, public buildings and other categories of public and private uses. The Land Use Element provides a plan to guide the physical development of the City in an orderly,
functional and compatible manner.
The Circulation Element is correlated with the Land Use Element and identifies the general location and extent of existing and proposed major thoroughfares, transportation routes, and pedestrian and bicycle routes. The goal for the circulation element is to provide a safe, realistic and integrated circulation system compatible with the existing and proposed land use pattern of the City.
The Housinq Element is a comprehensive a.ssessment of current and projected housing needs for all segments of the community and all economic groups. In addition, it embodies policy for providing adequate housing and includes action programs for this purpose.
The Open Space and the Conservation E:lements address the
conservation and use of natural resources. They also detail plans and measures for preserving open space for natural resources, for the managed production of resources, outdoor
recreation and public health a:nd safety. Although they could be separate elements, the Open Space and the Conservation Elements are combined because they are so directly related.
The Noise Element identifies and appraises noise problems within the community. Its goal is to minimize the impact of noise pollution by providing compatible land use alternatives and reducing the level of noise wherever possible.
The Safetv Element establishes policies and programs to protect the community from risks associated with floods, fires and other major disasters.
Besides the general plan elements listed above, local governments may adopt any other optional elements addressing subjects which they believe are important to the physical development of the City. Carlsbad's General Plan also contaj-ns six opt:ional elements which are as follows:
The Public Facilities Element requires that adequate public services and facilities are provided as growth occurs to meet the needs of the existing and future population of the City.
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The Parks and Recreation Element identifies the means by whicl
the City will plan, develop and provide quality par:
facilities and recreational programs to ensure that thc citizens are afforded the opportunity to enjoy optimum leisun experiences. . The Scenic Hiahways Element identifies major roads in the Cit.
which should be considered for official designation as scenii
routes so that the public's view along the roads is protectel and enhanced.
The Geolosic and Seismic Safetv Element identifies plans t reduce the loss of life, injuries, damage to property, ani economic and social dislocation resulting from geologic an seismic hazards. . The Arts Element recognizes that the arts are a part of th cultural and aesthetic environment and that the City needs t create a climate which encourages artistic development.
The Historic Preservation Element recognizes that histori preservation is a valuable asset to the City and that th management and preservation of the community's legacy o
sites, structures and resources is important.
Although the Land Use Element has the broadest scope of all th
elements and, in theory, plays the central role of correlating a1
land use issues into a set of coherent development policies, a1
elements of the General Plan carry equal weight, must be consisten and relate to each other and should all be used in making decision regarding development and in guiding the future direction of th
Zoning is the primary mechanism for implementing the general plan The zoning ordinance regulates land use by dividing the communit into districts or 1tzones11 and specifying the uses which are to b permitted and/or prohibited within each district. Land uses o compatible intensity are grouped together. A text and map(s describe the distribution and intensity of land uses in SUC categories as residential, commercial, industrial and open space Written regulations establish standards for minimum lot size building height and setback limits, fence heights, parking, an other development parameters within each land use zone and, wher applicable, as they apply to all zones. Other examples of zonin include specific plans and master plans. In contrast to the long term, goal-oriented outlook of the general plan, zoning focuses c the immediate uses of land. Zoning of individual properties in th City as well as all ordinances and standards pertaining to zonir must be consistent with the general plan and all its elements.
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Finally, when individual projects are reviewed they must comply with the City's zoning ordinance and standards and be consistent
with the general plan.
The easiest way to summarize the role of the general plan and each one of its elements in the decision-making process is to describe it as a three level or three step approach. First, the general plan establishes the goals for planning and land use in the City. The ordinances and standards are the action programs and policies that implement the goals. Finally, decision-making on individual projects is reviewed in light of compliance with the standards.
All levels or steps in the process :must be coinsistent in order for
community land-use values and desires to be achieved.
A few words probably need to be mentioned here about maps and diagrams contained in the general plan and its elements. General
plan maps or diagrams are graphic expressions of the plan's goals, objectives or action programs. Although a diiagram or map must be consistent with the general plan text, it is not typically meant to have the same regulatory nature as written ordinances, standards or policies or to be parcel specific. This is primarily because of the scale of the diagrams or maps. The California Attorney General included the following definition of a diagram in a 1984 opinion (67 Cal.Ops.Atty.Gen. 75, 77):
A tldiagramtt is commonly defined as Ita graphic design that explains rather than represents: a drawing that shows arrangement and relations." (Webster's New World
Internat. Dict, (3d ed. 31966) p. 622.) 'I tA diagram is
simply an illustrative outline of ii tract of land....At best, it is but an approximation. It' (Burton v. State (Ala. 1897) 22 So. 585, 586.)
Carlsbad's present General Plan was adopted in 1974. Since that time, numerous refinements and updates to most of the elements have occurred although no comprehensive, integrated review of the entire General Plan had ever taken place since its original adoption. However, between January and June of 1985, a 25 - member citizens committee comprehensively reviewed the Land Use Element and made numerous recommendations which subsequently reshaped the foundation for land use policy and decision-making in Carlsbad. In late 1985, the City Council decided to create a new Growth Management Plan. Most of the citizens committee recommendations have been consolidated into the Growth Management Plan. In November of 1986, the Growth Management Plan was placed on the ballot and was ratified by the voters of Carlsbad,.
In 1988, the City Council approved having a subcommittee of the Planning Commission update and reformat the General Plan so that it reflects all current planning policies and programs, recent changes in state law, is easier for the public to understand and to ensure internal consistency between all the elements.
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Objectives and implementing programs that had already beel accomplished were also deleted. This update will be completed ii early 1989.
11. Updated Open Space Element
The existing Open Space and Conservation Element was adopted a:
part of the original General Plan in 1974. It has been updated a:
part of the Planning Commission subcommittee work mentioned abovc
in Section I and has been forwarded to the Open Space Committee fo review. The update consisted of the following:
1) Reformatting to be consistent with all the other elements The format is to have all the text of the element separate1 into three sections: Goals, Objectives and Implementin1 Policies and Action Programs.
2) Deleting outdated information and references. Also deletin
excess or unnecessary verbiage so that the element is mor
understandable and readable for the public.
3) Adding or rewording goals, objectives or policy statements t
better reflect the new open space programs and ordinance which have been adopted since 1986 including the Open Spac Ordinance, the Hillside Ordinance and the Growth Managemen Plan.
4) Replacing previous diagrams/maps with the updated Open Spac
Map.
The Open Space and Conservation Element fits into the overall lan use decision-making process according to the same three step o
three level approach summarized in Section I. Like the othe
elements of the General Plan, the Open Space and Conservatio
Element needs to identify the City's goals and policies regardin
the protection of natural resources and the provision for ope
space in the City. The City's open space programs and ordinance
explained by staff at the Open Space Committee t s meeting of Januar
11 and 25, 1989 must reflect, be consistent and implement th
element. Then, when individual development projects are reviewed they must comply with the open space ordinances and standards.
Staff will be available to answer any specific questions about th updated element at the committee's meeting on February 8, 1989 It is not necessary for the committee to take any action on th element at this time. Once the committee has addressed the othe topics included in the work plan, a recommendation on the update element would be appropriate.
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STAFF REPORT
DATE : FEBRUARY 8, 1989
TO : CITIZENS COMMITTEE TO STUDY GROWTH
FROM : PLANNING DEPARTMENT
15% OPEN SPACE PERFORMANCE STANDARD OF GROWTH MANAGEMENT
PLAN/DENSITY TRANSFER AND CLUSTERING
The 15% additional open space requirement of the Growth Management Plan was created as a result of the City Council concurrence with the minority report of the 1985 Land Use Comniittee's finding that the General Plan did not provide for enough open space. At that
time, the open space designation of the Land Use Map provided for
17% of the City's total land area as open space. From a legal and
practical perspective based on the additional 15% standard on two
principals. First, open space was determined to be an essential
public facility just like sewer, water or circulation which needed
to be provided as growth occurs in the City. Open space became one of the eleven public facilities of the Growth Management Plan for which performance standards were established. Second, in order to require the additional 15% of othLerwise fu:Lly developable land
without having to purchase it, density credit is given so that the number of dwelling units permitted by the properties underlying zoning could be placed on another portion of his property (i.e, density transfer), In this regard, it should be noted that the
Zoning Ordinance requires a findinq to be made that the resulting
density transfer is compatible with surrounding properties and
densities. This was based on a recommendation from the 1985
Citizens Land Use Committee.
It is staff Is belief that the amount of open space now required
under the Growth Management Plan can be achieved without having to
buy it, but also that the City has pushed to 'the limit what can be
achieved without a monetary acquisition program. If additional
open space is desirable, staff would recommend that alternative
purchase/acquisition programs be recommended.
In terms of what types of open space qualify for meeting the 15%
standard of the Growth Management Plan, it cannot be land that is considered a natural resource that is classified as
environmentally-sensitive under the open space ordinance. When the Citywide Facilities and Improvements Plan was adopted by the City
Council as part of the Growth Management Program in 1986, it listed the types of open space that cou:ld qualify as meeting the 15% standard. The excerpt from the Citywide Plan regarding this item is attached as Exhibit "Av1 to this report. These included common open space areas in Planned Developments (PRD's), homeowner's- maintained pocket parks and major power line easements when they are enhanced or improved with open space uses. Allowing homeowner
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association-maintained common recreation areas and pocket parks tr be used to meet the 15% Growth Management standard was again, <
response to a recommendation of the 1985 Citizens Committee. Whill they supported the City's program of building and maintaininc larger community parks, they also encouraged the idea of smalle neighborhood, pocket parks but to have them be maintained b: homeowners associations. Since the time of the adoption of thl Citywide Plan, staff has also recommended allowing the followinc types of open space uses to meet the 15% standard as part of Loca Facility Zone Plans: 1) Increased setbacks along major roads i they are landscaped and enhanced with improvements such a separated pedestrian/bicycle trails; 2) Open space linkages betwee environmentally-sensitive resources and 3) Preserving canyon area
that are not steep enough to be prohibited from development by thi
Open Space Ordinance.
The use of clustering development to increase open space o
otherwise developable land is a traditional and well-establishe
land use concept. Attached as Exhibit t'cfBt' to this report are som graphics that display how clustering residential development ca be used as a flexible planning tool to encourage good subdivisio design and increase open space. Again, under the City's zonin ordinance, clustering of residential development can be approve only if a finding can be made that it is compatible with th I density of adjoining properties.
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a:growth.sr
Attachments:
Exhibit *'A''
Exhibit OBtt
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EXCERPT FROM CXMNIDE FACILITIES AND IMPROVEMENTS pLAr
ii. A table and/or map indicating the number
of existing and proposed dwelling units
outside the five minute response time of
existing station. G-P-
The plan should include:
i. A map and table (acres11 showing all
existing land to be considered as open
space. Such areas might include pocket
parks, homeowners ball fields, planned
residential development CPRD) common
areas, golf courses, tot lots, swimming
pools, tennis courts or other areas
containing passive or active recreational
facilities, s,uch as major power line
easements. Where any portion of the zone
is to be developed with large lot,
standard single family development
(minimum 7,500 square foot lots), the
amount of open space may be
proportionately modified.
ii. When known, a map and table indicating all
proposed future open spaces. If possible
relate these spaces to specific property
ownerships or developments. Where
feasible, the plan should inventory any
sites within the zone t.hat are
particularly suited to open space use and
that will enhance the overall livability
within the zone,
6. SCHOOLS
List the name of the service agency(s1 for the
zone. If more than one agency serves the zone,
list each agency, and include a map showing each
agency's service area. Service agencies include
San Dieguito Union High School District,
Encinitas Union Elementary School District, San
Marcos Unified School District, and Carlsbad
Unified School District.
The plan should include a map of existing and
proposed elementary, junior high and high
schools serving the zone.. For each school show
current and projected enrollment and rated
capacity, Indicate assumptions used such as
students per household.
EXHIBIT "I A-16
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1 CLUSTER DEVELOPMENT
Development that allows the reduction of lot sizes below the zonin ordinance's minimum requirements and the concentration of th development potential (density) on a portion of the property rathe than spreading the development over the entire site. The benefi to the community is that the portion of the site not built-on i
left in open space. The benefit to the developer is that th density permitted by the zoning for the site can still be achieved
If used correctly, to achieve a good design, cluster developmen
can be an effective planning tool for both the community and th
city. Cluster development is sometimes called "performance zoning and the attached exhibits from a book on the subject demonstrate in simple graphics the concept of cluster development.
Reference - Performance Zoninq by Lane Kendig, American Plannin
Association.
M
EXHIBIT ' I A-17
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I 88 1356/COMPSTUS
CARLSBAD OPEN SPACE REVIEW
Comparative Studies
Introduction
Consistency Requiremenc Open Space Definitions
Legal' Protection
4.
I Open Space Systems
Opportunities for the City of Carlsbad
Summary
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COMPARATIVE STUDIES
Introduction
In order to gain an understanding of a range of approaches to open space planning in California, studies have been made into 14 different cities from the San Diego to the San Francisco regions. The list purposely included cities with a divergence of characteristics:
both high and low economic base; a range of landscape types; built out cities, as well as new
cities facing rapid growth. In spite of the diversity of contexts, a great deal of similarity
was found amongst the various cities' pianning endeavors.
From the analysis and review conducted, there would seem to be two main interrelated reasons
for the similarities:
Consistency requirement
Legal protection
Consistency Requirement; Open Space Definitions
Constitutional and Legislative Context
Definitions of Open Space
All cities in California are required by law to define and document 'their philosophy and
approach to the "...physical development of the city." The broadest wch document is the
general plan which contains, amongst much other material, goals and, policies relating Po and
defining the jurisdiction's approach to open space.
General plans are broken down into a number of required "elements" and possibly some optional
"elements." Since 1970 inclusion of an open space eleiment has been mandatory; it is here that
explicit definitions of a city's approach to open space may be found. (Parks and recreation
elements, pertaining to a specific type of open space are optional.) The history of adding
open space elements to the "required" list gives insight to a pervasive tradition of open
space definition.
The origin of a mandatory open space element may be traced to the addition in 1966 of Article
XXVII to the California Constitution. This article, voted in by the State's electorate, is intended to provide for open space needs and states in part
"The people hereby declare that it is in the best interest of the state to
maintain, preserve, conserve, and otherwise continue in existence open
space lands for the production of food and fiber and to assure the use and
enjoyment of natural resources and scenic beauty for the economic and
social well-being of the state and its citizens ..."
In response to this declaration, the State legislature in 1970 added Chapter S, Article 105,
Section 65560 through 65568 entitled, "Open Space Lands" to the Government Code of the State
of California. It was this legislation which required all cities in California to prepare and
adopt an open space element for their general plans. This legislation also established a
definition and classification system which has since been adopted state-wide in open space
planning.
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essentially unimproved and devoted to an open space use...", a definition which is quoted
directly in Carlsbad's Revised Open Space Element. The Code further elaborates on this
definition with a breakdown into: 1
1. Open space for the preservation of natural resources,
Open space used for the managed production of resources,
Open space for outdoor recreation, and
Open space for public health and safety. 1
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The 1985 Citizens Committee for the Review of the Land Use Element Pertaining to Open Space
recommended this exact wording be adopted as a definition of open space in the Land Use
Element and that all future master plans should address all four categories. This
recommendation was followed and the definition was adopted, in 1987, into the Municipal Code
This fourfold definition, clearly derived from the Constitutional Article, is also found
quoted directly in almost every city's open space element including Carlsbad's where it may be
found on Pages 3 - 4 of the Revised Open Space Element
1. Open space for the preservation of natural resources including, but not limited to:
a. areas required for the preservation of plant and animal life, including habitat for
fish and wildlife species;
b. areas required for ecologic and other scientific study purposes;
c. rivers, streams, bays, lagoons and estuaries;
d. coastal beaches, lakeshores, banks of rivers and streams, and watershed lands .
Open space used for the managed production of resources, including but not limited to:
a.
b.
c.
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forest lands, rangeland, agricultural and horticultural lands;
areas required for recharge of ground water basins;
bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries;
area containing major mineral deposits, including those in short supply. d.
Open space for outdoor recreation, including but not limited to:
a. areas of outstanding scenic, historic and cultural value;
b. areas particularly suited for school playgrounds, park and recreation purposes,
including access to lakeshores, beaches, lagoons, rivers and streams;
areas which serve as links between major recreation and open space reservations,
including utility easements, banks of rivers and streams, trails, scenic highway and
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c. I railroad corridors.
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d. areas which buffer between land uses and I:provide] separation from surrounding
communities.
4. Open space for public health and safety, including but not limited to:
a. area which require special management or regulations because of hazardous or special
conditions such as safety zones in the vicinity of airport, earthquake fault zones,
steep slopes, unstable soils areas, flood plains, watersheds;
areas presenting high fire risks;
areas required for the protection of water quality and water reservoirs;
areas required for the protection and enhancement of air quality.
b.
c.
d.
This extended definition clearly identifies the wide variety of open spaces and functions
which open space may serve. In spite of the range and comprehensiveness of the definition all
the cities' studied have open spaces correlating to all four definition areas.
Evidence suggests that the legal requirement for consistency of local regulations with state
legislation been a major cause of the similarity of definitions of open space employed by
cities in California.
Legal Protection
Land Use Regulation and the Taking Issue
Beyond the straightforward consistency requirement there is also a more subtle reason behind
the direct derivation of cities' definitions from state legislation: the need to protect
local land use regulations from legal challenge.
A central aspect of almost every piece of land use legislation is the fundamental legal
question: what are the constitutional limits to the control of private land? As the
regulation of land use becomes an increasingly important component of programs for enhancing
environmental quality, the constitutional parameters within which land use regulations must operate become increasingly important.
The "taking clause" of the Fifth Amendment to the United States Constitution poses a
significant restraint on the regulation of land use:
"...nor shall private property be taken for public use without just
compensation."
The critical distinction lies between a valid regulation of the use of land and a "taking"
that requires compensation. (i.e.3 Between a legal exercise of a regulatory police power and a case of eminent domain.) The definition of the dividing line has changed over time; the
difficulty of defining the divide is the root of the problem of often being unable to easily predict judicial attitudes to local regulations.
The concept of "taking" may found in medieval Englaind from where it descended through British
and colonial American history, to its adoption in the United States Constitution. Since then,
a number of Supreme Court decisions in the 19th century and major judicial expansions of the taking clause have shaped its usage.
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From a jurisdictional perspective land use regulations are a potent weapon in the battle to
solve environmental problems, but at the same time there is a pervasive fear that the
regulations could be challenged in court as an unconstitutional taking of property without
compensation. This fear lies behind a long history of disputes where jurisdictions have
compromised with developers regarding environmental regulatory control of development.
The emergence and eventual establishment of the concept of a taking in English history may be
seen as a flexing of Baronial muscle, specifically against the power of the Monarchy to
requisition land virtually at will, as part of the ascendancy of Parliament over Crown. By the time of significant migration to and colonization of the new world, "...the colonists were
fresh from the victory of property rights over the royal prerogative of seizure." (Ref: The
Taking Issue. p. 80)
A long history of colonial constitutional debate and lawmaking led, in '1777, to the "...first
American declaration of the principle of just compensation for the taking of land ... in
Vermont's constitution: ...p rivate property ought to be subservient to public uses when
necessity requires it; nevertheless, whenever any particular man's property is taken for the
use of the public, the owner ought to receive an equivalent in money." (Ref: The Taking
Issue p. 94.) The concept of just compensation made its progression to the United States Constitution via the pen of Madison in what is now the Fifth Amendment.
Regarding the attitude to the concept of what constituted a taking at the time of the
ratification of the Fifth Amendment,
".,.at least one thing is clear: the draftsmen were not troubled by any issue involving regulation of the use of land. Such regulations had been
standard practice in England and throughout colonial times and seem to
have provoked no serious controversy. There is no evidence that the
founding fathers ever conceived that the taking clause could establish any
sort of restrictions on the power to regulate the use of land." (Ref:
The Taking Issue. p. 104.)
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During the period before the Civil War the United States Supreme Court upheld the principle
that for compensation to even be considered "...the property must be actually taken in the
physical sense of the word." (Ref: The Taking Issue. p. 114.) In other words, mere regulation of land use would not be considered just cause for compensation. Toward the end of
the 19th century a similar position was still being adopted but there were strong calls for a
wider interpretation of what constituted a "taking."
The redefinition of what constituted a taking is closely connected with the decisions in the
early 20th century of Justice Oliver Wendall Holmes. A critical point in the history of "taking" was Holmes' decision (in Pennsylvania Coal vs. Mahon) in late 1922 which has become a
keystone in all following "taking" law. Whereas previous court decisions had viewed the
police power of land use regulation, and the taking of land under eminent domain as two
separate concepts, Holmes established the new perspective of seeing the two concepts as poles
on a sliding scale:
"The general rule at least is, that while property may be regulated to a certain extent, if
regulation goes too far it will be recognizes as taking." (Ref: The Taking Issue. p. 136).
This left the law in a position where every case would have to be decided on its own
particular facts; it is not possible to define the division line in a general way. It is also
clear by this time that a taking could OCCUH where the value of land was reduced even if no
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Cases involving open space dedication requirements, dedication in-lieu fees requirements, and
low density zoning have all been decided on both sides of the fence. The current situation,
then, is that the line between noncompensatory land use regulation and a taking requiring
compensation is continually shifting both over time and case by case. Generally one may
assume that there is a likelihood that an increasingly conservative court will support to
rights of property over public needs. %b also seems that the courts cIssely reflect public
consciousness. For example, public awareness of the critical ecological sensitivity and value of wetlands is reflected in court decisions which uphcald noncompens;atory land use regulations
even where no possible economic me of the land remains. This is contrary to more normal
decisions which insist on at least some possibility of economic land use if a taking is not to have occurred.
Most recently there has been one decision which has impacted dramatically on the inchation
of jurisdictions to impose land use regulations where a taking might be involved. The
Lutheran Church case came down heavily in support of property rights but most importantly set
a new precedent. Previously, if a piece of land use regulation was deemed unconstitutional,
the community had two principal options: to provide compensation or to restore the deprived property rights. In other words, the most the community had to fear was having to rollback to
its earlier regulatory position. However, in the Lutheran Church case, it was held that
compensation was due immediately to the plaintiff in addition bo restoration of the property
rights. Communities must now face the possibility, in all cases where new land use
regulations are deemed to constitute a taking, of paying compensation of temporary loss of property rights.
The imposition of new land use regulations clearly carries a potential monetary
consideration: the City is subject to legal challenge involving compensation over the
imposition of land use regulations. At present, for example, the City of Carlsbad is being
sued for removal of development rights in a property adjacent to Buena Vista Lagoon. While
the City anticipates a successful defense, regulations not clearly reasonable and relevant to goals which in turn must be consistent with state law would not be e:asy to defend.
Regulations which can be clearly shown to relate to public health and safety nearly always
gain the support of the courts. Thus, for example, the control of development in floodplains
is generally a safe area of regulatory action. Other aspects of open space regulation,
however, are not subject to such certainty.
Further, with regard to open space, in order to protect themselves from adverse litigation
communities are very likely to adhere closely to state legislative definitions. The issue of a "taking" therefore not only heavily constrains the actions of commiinities with regard to open space planning but also tends to lend similarity to various cities' open space planning.
.
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POLICE POWER EMINENT DOMAIN
Land Use Regulation Taking
for the Public Good
No Compensation Requires Compensati
e.g. Offstreet Parking <------- ? Open Space ? ------- > e.g. Land Taken foi
Requirements Planning Highway
<------------------------------------------------------------------------------------
Sliding Scale
Figure 1. Open Space Planning: Regulation vs. "Taking"
(It should be noted that the text regarding the taking issue is substantially derived from a review of the book, The Taking. Issue: An Analvsis of the Constitutional Limits of Land Use
Control written for the Council on Environmental Quality by Fred Bosselman, et al. Reference
was also made to Windfall for WiDeouts: Land Value CaDture and ComDensation, An Executive
Summary, prepared by the U.S. Department of Housing and Urban Development, and the issue v
discussed with the City of Carlsbad's Attorney's Office. Any decisions made regarding land use law should, of course, be subject to the review of a competent legal authority.)
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88 1356\OPSPSYS
Open Space Systems
While there is a great deal of similarity between the various cities with regard to
definitions of open space and the general context of their open space planning, there are
nevertheless divergences in the kind of open space systems and the mechanisms being employed.
The comparative studies matrix (Figure 2) summarizes the kinds of ordinances and policies
different cities have adopted. The chart also indicates where the information could be ascertained, the amount of open space in each city. The patterns of interest which seem to
stand out in comparing Carlsbad with other cities include:
All cities have an open space element as it is legally required. When Carlsbad’s
element is adopted, it will be amongst the most up-to-date. (Some of the other cities
are also in the process of or approaching revisions to their open space elements-)
Cities which do not have a parks and recreation element include policies regarding open
space recreation issues in their open space element. The preparation of a separate
parks and recreation element, a parks master pllan, and a trails master plan, may all be
seen as indications of a level of commitment to recreation. Newport Beach is unusual in
that its recreation and open space elements are combined,
The presence or absence of ordinances or policies/measures dealing with specific issues
such as hillsides, wetlands, agricultural lands, and coastal lands is often dictated by
the presence or absence of those features in the particular city. However, Carlsbad
appears to have developed specific ordinances, policies, or measures for all of the
particular types of landscape characteristics found within its. boundaries and this is
not the case with all the other cities.
The presence of an open space ordinance, open space zone, open space map, or the
certainty of areas being totally excluded from development would seem to indicate a
level of commitment to open space.
In most cases, cities will either use a Quimby Ordinance or monies collected as part of
a public facilities fee but not both, ‘The QuimlSy Ordinance is specially directed
towards parkland whereas monies from a public facilities fee could be used in a more
general fashion. It is important, however, in cases where a portion of the facilities
fee is to be used that the percent to be identified otherwise oipen space interests will constantly be fighting for their share with other uses such as schools or other civic infrastructure.
Nearly all cities, including Carlsbad, have some kind of planned development ordinance
which permits negotiation with developers facilitating the dedication/preservation of
open space in return for density credit/transfer.
While not all cities have a site plan review ordinance all have some kind of plan review
procedure.
Carlsbad is in the minority in having a growth management ordinance, however, a number
of the cities studied are close to buildout rendering growth management measures
somewhat superfluous.
The presence of both a nonprofit land trust and/or some kind of regional open space
authority beyond the city’s jurisdiction is sporadic. Where they exist they seem to
have been successful. Their absence in Carlsbad could be woirthy of investigation.
A-30
4 ODen Suace Element (Date Adouted)
Parks and Recreation /Recreation Element
Public Facilities Fee for ODen Suace/Parks
Resource District Conservation Ordinance
Rid gel i n e Protection Policies /Measu res
Agriculture Protection Policies/Measures
FioodDlain Protection Policies/Measures
Coastal Zone Protection Policies/Measures
Area (Sauate Miles)
Build Out Year
0 Postive - Negative u Information Not Avai * City Built Out Alreac
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I Figure 2 - COhlPARATIVE STUDIES hlATRHX A-31
The percentage of open space now and predicted at buildout figures were difficult to
obtain. Most cities do not have these areas measured. The figures given in the table
are approximate only. Of the cities who could estimate a figure there is a wide range:
from 25 to 80 percent. There is, however, considerable doubt in the validity of
comparing these percent figures without a more detailed study off the circumstances
within each city. Different cities employ a variety of systems for measuring open
space, some inchding lands which others do not count. Furthermore, the drawing of
municipal boundaries has, in some cases, included extensive natural and undevelopable
areas within a city boundary, whereas in other cities similar natural areas lie, for
example, just beyond the city boundary in unincorporated county lands. In tRe two cases
described above, the actual open space available for city residents could be exactly the
same but the percent open space within the city would record highly divergent figures.
Webster's Dictionary defines "system" as "a regularly interacting or interdependent group of items forming a unified whole" and also as "an organization forming a network." Even within
the set definition of open space which all the cities surveyed have adopted, there is
considerable scope for differing systems. For example, with Carlsbad, two different systems
can easily be projected both of which fall within the state derived definition. One
theoretical system would focus on environmentally valuable lands as mapped on the city's Natural Resource Inventory map. The other theoretical alternative, by placing linkage at the
top of its open space priority list, would stress a physically integrated system.
In other words, the definition of open space employed is only one component in shaping the
city's open space future. Prioritization of objectives for distribution of the limited
resources available for open space is also critical. Certain priorities are, of course,
predetermined: all cities are obliged, for example, to protect human health and safety.
However, the focus of the system is otherwise discretXonary and should match each city's
physical characteristics and social programs. In reviewing the various cities' open space
planning, an attempt was made to elicit the primary focus of each o>pen space system. The
results are summarized in Figure 3, "Open Space Priorities."
The most significant patterns emerging from an analysis of different cities' open space
priorities are:
Environmental conservation and recreation are the most important foci of the open space
systems studied.
While public health and safety does not emerge as a primary issue it is a component of
every open space system studied.
The aesthetic impact of open space is a function of open space which broadly seems to
gain in significance in proportion to the economic base of the city concerned.
Shaping urban from does not emerge as a signifficant influence OR open space policy
amongst the cities studied. Similarly growth management is not cited as a major function with the exception of Walnut Creek, where it is viewed as possibly the primary mechanism by which to preclude development 'which the city views as undesirable.
The establishment of a perimeter greenbelt in order to form a buffer between the city
concerned and surrounding communities is cited as a major focus in both Santa Cruz and Poway, and as a secondary focus in Fremont.
Overall, it is clear that in spite of the similarity of open space definitions used, the open
space systems of the cities studied show some differences both in purpose and in the
strategies used.
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Opportunities for the City of Carlsbad
From the analysis completed, it would appear that the City of Carlsbad is already employing the majority of open space planning mechanisms appropriate to its characteristics. However,
there are four strategies not being utilized at present which have been ffound to operate
successfully in other cities:
Regional Open Space or Parks Districts
Open Space Trusts
Trails Systems
Greenbelts
Regional Open Space or Parks Districts
"Special Districts are agencies which can perform a variety of functions
within limited boundaries, among them acquisition of park lands and other
open space (GoW Code Sect. 54775). Examples are open space districts
and park districts.
Special districts are created by a vote of the residents of the territory of the proposed district. LAFCO approval is required for formation.
They are governed by boards of directors elected by subdistrict. The
boundaries of a special district may coincide with that of a county,
cross county lines, or include only part of a county. It is possible to
annex land onto an existing district,
As a practical matter, stable funding for special districts :in California since Prop. 13, is likely only if the district has its own revenue
source, such as a Mello-Roos Tax or special assessment.
Special districts can, under certain circumstances, exercise the power of
eminent domain." (Ref Kunofsky, Judith. Tools for the Greenbelt, pp. 51 -52.)
Three examples of such special districts in California are the Marin County Open Space
District (MCOSD), the Midpeninsula Regional Open Space District (lMROSD), and the East Bay regional Parks District (EBRPB).
The Midpeninsula Regional Open Space District (MROSD) is a public agency formed under the law
of the State of California (Public Resource Code 5500 et seq.) with the voter mandate of
acquiring and managing open space lands for the publlic use and enjoyment.
It is an independent special district created in 1972 by the voters of northwestern Santa
Clara County and joined in 1976 by southern San Maceo County. Tlhe District's boundaries
encompass 16 cities and extend from San Carlos to Los Gatos and from Skyline Boulevard to San
Francisco Bay.
The District's sole purpose is to acquire and preserve foothill and bayland open space outside the urbanized areas of the peninsula for the use and enjoyment of the public.
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MROSD is governed by a Board of Directors elected by the voters in each of seven geographic
wards. Board members serve four-year terms. The public is invited to attend regular Board meetings held at the District offices. Special public hearings and meetings are also held
periodically. Citizen participation is an essential part of the planning process for the
development and use of the Open Space Preserves.
The District's 27-member staff includes 13 uniformed Rangers who patrol the Preserves
regularly to assist and educate visitors and to protect the natural resources of the land.
The District's primary source of revenue is a share of the total property tax collected within the District boundaries in northern Santa Clara County and southern San Mateo County. This
income is equivalent to about 1.6 cents per $100 of full cash value as assessed on real and
personal property.
The Open Space District has consistently worked to stretch local tax dollars with Federal and
State grant monies and with gifts or bargain sales of land. These efforts have increased the
District's purchasing power by more than one-third.
MROSD's goal is to help preserve a greenbelt of open space lands in the foothills and baylands
stretching from one end of the District to the other. The District's Preserves might be seen as pieces in a "giant jigsaw puzzle" linking MROSD lands with State and county parklands, and
the Skyline-to-the-Sea Trail, with an overall regional trail system that includes easements over privately owned lands.
(The information on the MROSD is quoted from documents produced by the District.)
The East Bay Regional Parks District (EBRPD) was formed in 1934. It is a special purpose
district operating under state law supported largely by funding from a property tax. At the
time of its formation, special districts for parks did not exist, and therefore, enabling
legislation was required an Assembly Bill was approved by the State Legislature in 1933. In
1934 an initiative ballot gained voter approval with an approximate ration of 231.
Originally covering seven cities, the District has grown by subsequent voter approvals to
include all of Contra Costa County and all of Alameda County with the exception of the
Livermore area, to reach a current jurisdiction of about 1,500 square miles on the eastern
side of San Francisco Bay. The District is separated into seven wards each of which elects
one member, to serve for four years, to a Board of Directors. Their budget this year is
approximately $34 million, about 70 percent of which comes from the State (including the
property tax). Other income sources include:
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Operating revenues,
The issue by the District of promissory notes including a $17 million issue in 1988,
In 1988 a $225 million general obligation bond issue for parks and recreation was
approved by the requisite two-thirds majority.
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The District purchases and operates parkland primarily of a regional character. The EBRPD is
larger than the Midpeninsula Regional Open Space District and has a philosophy slightly more
inclined toward active recreation.
The EBRPD now operates 46 parks and 11 regional trails covering 63,000 acres preserving
natural beauty, protecting wildlife habitat, and offering a wide range of recreational and
educational opportunities. B
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The possibility of establishing a special district such as MROSD and EBRPD would seem to be worth consideration. In addition to the older authorities described albove, there has been
recent activity towards the establishment of another special district, again in the Bay Area.
Senate Bill No. 2581 (in 1988) proposed to:
“...enact the Santa Clara County Open-Space Authority Act and create the Santa Clara County Open-Space Authority on February 1, 1989. The bill
would authorize the authority to impose an excise tax, not exceeding $80,
on owners of developed parcels within the authority’s jurisdiction, and Po
issue bonds payable from the proceeds of that tax if approved by a
majority vote of the electors, for the acquisition, and for other duties
of the authority in administering the act. The bill would repeal the act
and abolish the authority if the electors do not approve the excise tax.”
The bill was passed by the Legislature by vetoed by the Governor because of the majority vote
requirement. It is believed that if the bill were to be resubmitted with a two-thirds voter
requirement, it would be allowed to proceed to the ballot.
Open Space Trusts
A number of private nonprofit organizations exist in California forrnied to further open space
goals including The Trust for Public Land (TPL), the Marin AgriculturaI Land Trust (MALT), the
Sonoma Land Trust, the Napa Land Trust, and the Peninsula Open Space Trust.
Among the techniques employed by such private groups are:
Purchase of development rights on agricultural land and open space land where public access is not required. The interest in land is held by the private agency in perpetuity.
Purchase of an interest in land, later sold [or dedicated] to [a] public agency.
Acceptance of gifts of interest by a private group, which then manages the lands.
Among the advantages of this group of techniques are:
Private agencies can often move more quickly than public agencies, with resulting
savings in costs or success in purchasing prior to development.
Private agencies often have more flexibility than public agenc:ies and are subject to
fewer bureaucratic constraints in arranging purchases.
Either no cost or reduced cost to public, while achieving public interest goals.
Well accepted by virtually all segments of the public. [Because of this, the public
often feels more comfortable making financial gifts to a trust than to a city.]
Tax benefits are available to landowners who give land or sell at below market prices to
nonprofit groups.
Among the disadvantages are the uncertainty of funding, as [they are] dependent on donations,
grants, etc., as well as the large amount of money required in order to have a substantial
impact. Additionally some nonprofit organizations are dependent on large amounts of volunteer
time and energy. (Ref: Kunofsky, Judith. Tools for ahe Greenbelt. pp. 52-53.)
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fl The third area of activity not found to any significant degree in the City of Carlsbad is a
commitment to a trails system. Most of the other cities surveyed included endeavors towards such a system as part of their open space/recreation planning. There are without doubt
difficulties to overcome with regard to implementation of a trails system, yet the experience
of other cities seems to suggest they are far from insurmountable. It would seem that at
least in part the inclusion or absence of trails in open space planning is a product of the structuring of the open space system; ultimately it must be decided what kind of system is desired what is to be the focus of the system.
Greenbelts
The concept of an encircling greenbelt of open space surrounding a town or city has a long
history in both planning theory and practice. Intended to serve a variety of functions
including separating the town or city from neighboring communities, providing ready access to
open space from all sections of the city, and controlling sprawl, greenbelts are a focus of
only three of the cities studied. Pursuit of a perimeter greenbelt is not an objective of
Carlsbad's open space planning.
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Summary
The open space systems of 14 cities with diverse characteristics have: been studied. The
principal conclusions arising from that study are:
For legal and constitutional reason the definitions of open space employed by different
cities are very similar.
Within this context of similarity there are, however, differences in the kinds of open
space systems being pursued.
The major foci of the systems studied are environmental conservation and recreation
provision. Other major functions of open space include aesthietics, public health and
safety, shaping urban form, and growth management.
Cities can be held liable for unjust regulation of land use; therefore, care must be
taken in establishing regulations designed to preserve open space by restricting development.
The City of Carlsbad is already employing the majority of relevant open space planning
mechanisms. However, four possibilities not being currently used in Carlsbad are the
operation of a regional open space district, the operation of a nonprofit open space
trust, the pursuit of an integrated trails system, and the pursuit of a greenbelt of
open space to encircle the city’s built form.
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METHODS OF ACQUISITION AND FUNDING
METHODS OF ACQUIRING OPEN SPACE
Development Agreements
Incentive Zoning Transfer of Development Rights
Land Trusts/Conservancy
Special District or Authority
Williamson Act I General Plan and Zoning
FINANCING TECHNIQUES
General Obligation Bonds
Limited Obligation Bonds
Senior Obligation Bonds Quimby Act Impact Fees Public Facilities Fee Tax Increment Financing
Sales and Use Tax Increment Mello-Roos Community Facilities Districts
Revenue Bonds
Certificates of Participation Benefit Assessment District
User Fees Concessions
Other Tax Revenue Private Grants or Donations
STATE GRANTS
Coastal Conservancy: Agriculture Preservation Projects Coastal Conservancy: Coastal and Bay Public Access Program Coastal Conservancy: Coastal Restoration Projects Coastal Conservancy: Nonprofit Qrganization Assistance Program
Coastal Conservancy: Enhancement Grants
Coastal Conservancy: Site Reservation Projects
Coastal Conservancy: Urban Waterfronts Restoration Program
Fish and Game: Public Access Program
Parks and Recreation: Land and Water Conservation Fund Program
Resources: Environmental License Plate Fund
Proposition 70 Parks and Wildlife Initiative
Water Resources: Davis-Grunsky Act
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METHODS OF ACQUISITION AND FUNDING
This section describes methods of acquiring open space and
financing open space acquisition, and describes grants available
for open space acquisition.
METHODS OF ACOUIRING OPEN SPACE
DeveloDment Aareements
Development agreements are negotiated when discretionary
zoning approval is required. The City may require or negotiate
certain public improvements and amenities, i.ncluding parks, trail
easements and open space, in exchange for subdivision approvals anc
development rights. En generalt , development agreements arc
applicable to Parge property ownerships applying for subdivisior
approval, although they may also apply to smaller ownerships ir
redevelopment project areas, or ownerslnips applying for 2
conditional use. As part of development agreements, fees may bc
paid in lieu of land dedication.
Incentive Zoninq
Incentive zoning, also known as bonus zoning, permits properti
owners to build at a higher density than normally allowed ir
exchange for certain public benefits, such as public plazas, parks,
trails, and other open space which are provided as public easementE
on private property. Incentive zoning works best when there is z
market for the additional density the property owner might attain<
In drafting the ordinance, a city must specify the exact nature 0:
the public amenities desired so that the c:ity does not receivt
redundant amenities that are not in the publ.icls interest.
Transfer of DeveloDment Riahts
A city may allow a property owner to transfer developmenl
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rights from a portion of the property the city wants as open spa
to another portion of the property. Under this method, a ci
obtains the open space while the property owner realizes the Val
of the total property even though only a portion of it
developed. The portion which receives the transferred developme
rights, however, is allowed a higher density than would otherwi
be allowed. Theoretically, a market could be established if
property owner is allowed to sell these development rights to 0th
ownerships, thereby dispersing the transferred density. The trad
off to the city is greater than desirable density in one area f
open space in another area.
Land Trusts/Conservancv
A land trust or conservancy is a private non-prof
organization which uses some public funds combined with priva
individual donations and foundation grants to acquire and mainta
open space. The most important activity of local trusts is t
acquisition of land facing development pressure, either current
or as the city expands. Another opportunity for land tru
activity is found in conservation easements. In the
arrangements, the trust arranges the easements. The trust
granted the development rights on rural property, while t
landowner holds leaseback rights for continued farming.
advantage to this method of conservation is that the loc
government does not assume responsibility for maintenance of t
property. Moreover, the owner retains the right to sell the la
for open space uses.
There are approximately 40 rural land trusts in Californi
most of them in northern California.
SDecial District or Authority
The city may attempt to establish an Open Space Authority
Special District with the power to issue bonds for open spa
acquisition. The authority or district may need special sta
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enabling legislation, particularly if granted taxing powers. The
County of Santa Clara recently attempted to form a joint-powers
open space authority which could raise excise! taxes on property if
approved by a simple majority. The state legislature passed the
enabling legislation, but the Governor vetoed the legislation,
partly because it did not require ;a two-thirds voter approval for
the tax increase. Without the taxing powers, debt issued by a
special district or authority would have to be revenue bonds or
certificates of participation, perhaps fund.edl by lease payments
made by the City. These reveinue bonds or certificates of
participation amortized by City lease payments might not require
voter approval. The City would have to find a source for funding
the annual lease payments;,
Williamson Act
The Williamson Act currently is used in Carlsbad to preserve
agricultural lands in the City. The Williamson Act allows properti
owners to pay property taxes based on agricultural use if it is
maintained as agricultural land, even though the property has 2
much higher economic use and value.
General Plan and Zoninq
The City of Carlsbad already has several zoning ordinances tc
protect open space, such as the Open Space Ordinance, Growtl
Management Open Space 15 Percent Performance Standard, the Hillsidc
Ordinance, the Revised Planned Development Ordinance, Residentia.
and Industrial Park Land Dedication policies, as well as the Ope:
Space Element of the General Plan. Although zoning can preservr
open space to some extent, and be used to acquire open spacc
through the subdivision approval process, zoning must allow somc
economic use to property, whether that be agricultural use or a us
restricted to a certain portion of the property. Also, zoning i
subject to change over time, particularly in areas experiencin
growth. Appropriate zoning is critical, but does not guarante
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permanent open space as well as public land ownership throu
purchase and dedication.
FINANCING TECHNIQUES
General Obliaation Bonds
A city may issue general obligation bonds to acquire OF
space or park land and to build facilities.
used for maintenance and operations, Investors consider gener
obligation bonds the most secure form of tax-exempt bonds sir
they are secured by an ad valorem tax on all taxable proper
(including commercial, industrial, and residential) at any ra
necessary to amortize the bonds; consequently, interest rates a
lowest for these types of bonds, The major difficulty of issui
general obligation bonds is the ability to get the required 2/3r
voter approval.
Limited Oblicration Bonds
Limited obligation bonds are similar to general obligati
bonds except that the bonds are secured by a specified source
revenues a city already receives, including property and sales ta
Taxes are not increased; consequently, funds that might be used f
other city functions are dedicated to these bonds, Limit
obligation bonds also require approval by 2/3rds of the voters.
Senior Obliaation Bonds
Proceeds may not
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The Community Rehabilitation District Law of 1985 permits
city to rehabilitate capital facilities, such as parks, by formi
a community rehabilitation district in every area except
redevelopment project area. The city may issue senior obligati
bonds to finance these improvements with only a simple majori
approval of the voters. To secure payment, a portion of proper
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tax revenue is dedicated to amortize the bonds.
Puimbv Act Imr>act Fees
The City already uses impact fees authorized by the Quimby Act
to acquire and develop park and recreation facilities. These fees
are paid when parcels are too small to dedicate land for parks op:
open space, or when a property owner chooses to gay the fee in-lieu
of dedicating land. The city is divided into four park districts
bounded by El Camino Real and Palomar Airport Road. Fees collected
within these districts must be used for the benefit of the
respective districts. Currently, commercial properties are
excluded from the City's park-in-lieu policj.es.
Public Facilities Pee
The City established the publ.ic facilities fee to finance thc
incremental infrastructure, including parks, needed to supporl
incremental new development. The fee was designed so thal
developers pay for their share of future improvements a:
development occurs. Currently, there in no standard for open spacc
under the public facility fee, but there is a standard for par)
space. The city may add open space or develop a broader definitioi
of park space to include open space areas.
Tax Increment Financinq
Used within a redevelopment project area, tax incremenl
financing is based upon ad valorem property taxes generated fro:
the increase in assessed valuation created by new development an(
property turnover that occurs in the redevelopment prcj ect area
The assessed valuation of the project is set at a base level durinl
the year of plan adoption, Each fiscal year following adoption o
a redevelopment plan, a negotiated portion of the taxes generate
by the assessed valuation that exceeds the base year level -- th
tax increment -- is paid to the redevelopment agency and can b
used for eligible redevelopment activities. A city may use ta
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increment financing to develop parks or acquire open spa
elements. Funds used for these purposes, however, do not direct
increase tax increment in the redevelopment project area, and WOK
reduce the amount of funds available for other redevelopme
improvements.
Sales and Use Tax Increment
A redevelopment agency can impose a sales and use tax of
percent or less on retail sales and use of personal property,
the redevelopment agency operates in a city that will give crec
against its own sales and use tax for any taxes paid to t
redevelopment agency. Consequently, the imposition of this t
will not increase the tax burden on the local community. This t
revenue can be used to develop park space or acquire open space
a redevelopment proj ect area ; however, bonds supported by sal
taxes are considered more risky than bonds supported by propel
a
I tax increment.
Mello-Roos Communitv Facilities Districts
A community facilities district may be formed to provide i
the purchase, construction, expansion or rehabilitation of i
property necessary to meet increased demands resulting fz
development or rehabilitation occurring within the distric
Facilities financed by Mello-Roos include parks. Maintenance COS
may also be funded by a Mello-Roos District. Revenues are acquii
through a special tax, and the district may issue bonds secured
the proceeds of the special tax, subject to a two-thirds appro\
of voters in the district. If the district contains less than
owners, such as a district conterminous with a few lai
ownerships, votes are by acreage. Consequently, Mello-Rc
Districts normally are formed to finance improvements associat
with new communities.
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Revenue Bonds
Revenue bonds might be used to finance certain open space or
recreation areas which generate a revenue stream that is sufficient
to secure a bond issue. Debt service payments are met from charges
placed on the users of the facility, For open space or recreation
facilities, a lease revenue bond may be more appropriate. This
instrument is typically issued by non-prof it corporations ox
authorities to construct a pub1i.c facility that is leased tc
another public entity, such as 'a city, which holds a security
position to make Pease payments that in tun cover debt service
payments on the bond. A city may also issue a lease revenue bond
supported by lease payments made by a private entity, such as a
golf course operator or perhaps even an agricultural operatior
using public land acquired in part by the proceeds from the revenuc
bond. A revenue bond requires a simple majority approval of thc
voters, while a lease revenue bond, which does not constitutc
indebtedness, can be authorized by a resolution of the issue1
governing board,
Certificates of Particbation
Similar to lease revenue bonds, Certificates of Participatioi
(COPS) are financed by lease payments (with an option to purchasc
or a conditional sale agreement) to finance major public project!
including recreational facilities such as parks and golf courses
The city leases the facility from a lessor such as a privatt
leasing corporation, a non-profit corporation, or another public
agency. A financial institution pays the lessor cash for thc
present value of future lease payments. The? lessor uses the cas
to finance development of the facility. Investors purchasi
certificates of participation in the lease; a trustee hold(
security, and an escrow agent collects th.e lease payments ant
distributes them to the holders of the certificates o
participation. A city may use general funds, dedicated funds, 0:
reimbursed revenue to make Pease payments. COPS do not constitutc
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indebtedness under the state constitutional debt limitation and
not require voter approval.
Benefit Assessment District
Benefit assessment districts are used to fund pub1
improvements that benefit private beneficiaries. Properties with
the benefit area pay a proportional share based on their proximi
to the improvement, assessed valuation, the size or frontage of t
parcel, or some other measure proportional to the benefit receive!
Bonds may be issued secured by the assessments. Maintenan
assessment districts are established to maintain the pub1
improvements installed. Special assessment districts are n
limited by Propositions 13 and 4 (the Gann Initiative). Speci
assessment financing is applicable when the value or benefit of t
improvement can be assigned to a particular set of properties, a
should not be used if the project is a public good for an enti
community. Examples of open space improvements that may
financed by assessment districts include landscaping, trails a
easements. The assessment district may be initiated by the Ci
Council or by a petition of 60 percent of the property owners, a
can be vetoed.by a protest of a majority of the property owners
User Fees
User fees may be imposed to finance on-going maintenan
costs. Fees may include parking fees, camping fees, recreati
program fees, boating fees, etc.
Concessions
Revenue from private concessions, such bs restaurants, foo
outlets, private recreation operations, etc. may be used to he
finance maintenance and improvement costs elsewhere in the par
Concessions are more applicable to active-recreation open space
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Other Tax Revenue
Revenue may be acquired by raising taxes such as the Transient
Occupancy Tax, Business License, or an excise tax on certain items,
and dedicating this revenue to the acquisition and maintenance of
open space.
Private Grants or Donations
The City or community may establish a local conservancy or
open space land trust and seek private donations, foundation
grants, and government grants for the acquisition and restoration
of open space. Donations may either be land dedication or cash
contributions. The non-profit organization might sponsor fund-
raising drives such as "purchase a square foot of open space.!'
STATE GRANT S
Several state grant programs exist whkh provide funds fox
open space acquisition or improvements, including the following:
Coastal Conservancy: Aariculture Preservation Projects
Established to work with property owners and local governments
within the coastal zone to find long term solutions to protect
agricultural lands threatened by urban development, using tools
such as the transfer of development rights, purchase of development
rights, the purchase of easements, and realization of supplemental
land uses.
Coastal Conservancy: Coastal and Bay Public Access Proaram
Established to provide grants or loans for the constructior
of public access facilities within the coastal zone.
Coastal Conservancy: Coastal Restoration Proiects
Established to correct undesirable development patterns in the
coastal zone by restoring areas which affect the coastal
environment or impeding orderly development because of scatterec
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ownerships, poor lot layout:, inadequate parks and open space, a
incompatible land uses.
Coastal Conservancy: Nontxofit Oraanization Assistance Proaram
Established to provide technical assistance to non-prof
organizations and land trusts, and to provide loans and grants
Undertake projects designed to provide access to facilitie
restore coastal wetlands and other sensitive resources, and
acquire parcels of land for agricultural protection, viewsh
protection or related purposes.
Coastal Conservancy: Enhancement Grants
Established to enhance and restore coastal habitat throu
conflict resolution, acquisition of property including less th
fee interests, and physica:L enhancement of sites.
Coastal Conservancv: Site Reservation Proiects
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Established to acquire key coastal lands for park
recreation, fish and wildlyife habitat, historical preservation
other scientific study. The Conservancy may acquire the proper
and hold it until the local agency or nonprofit organization h
the funds to purchase the property from the Conservancy; there
protecting the land on an interim basis.
Coastal conservancy: Urban Waterfronts Restoration Proaram
Established to assist local governments plan and provi
waterfront development and private investment in near-shore area
and to encourage development of high-priority land uses includi
public recreation and shore-line access.
Fish and Game: Public Access Proqram
Established to acquire lands and develop facilities suitab
for recreational purposes, and that are adaptable for conservatio
propagation and utilization of the state f s fish and game resource
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This is not a grant program, but instead facilitates state projects
developed in cooperation with local government. Examples include
lake and stream improvements, artificial marine reefs, trails, land
and water acquisition for habitat preservation, or wildlife
protection and conservation.
Parks and R ecreation: Land and Water Conservation Fund Proaram
Established to provide matching funds! 50 percent grants on
a reimbursable basis, to local agencies to assist in the
acquisition and development of outdoor recreation areas and
facilities,
Resources: Environmental License Plate Fund
Established to support a variety of projects which help
For example, Oceanside received preserve California's environment,
a $165,000 grant for the Buena Vista Lagoon Nature Center.
Proposition 70: Parks and Wildlife Initiative
Passed in 1988 by statewide referendum, this initiative
provides funds, supported by bonds, to finance habitat restoration,
park development, and wildlife preservation.
Water Resources: Davis-Grunsky - Act
There are seven types of assistance available to local
agencies under this act for construction projects related to dams
and reservoirs, including grants for the part: of construction cost
allocated to recreation and the enhancement of fish and wildlife.
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1 CARLSBAD AGRICULTURAL PROGRAMS
I I. CITYWIDE POLIKY:
A. PREVENT PREMATURE ELIMINATION
B.
C. PERMANENTLY RESERVE THE FLOWER FIELDS
DEVELOP P'ROGRAMS TO ENCOURAGE IT TO REMI
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11. COASTAL ZONE POLICIES
- A. AGUA H ED I ONDA LCP
PERMANENTLY PRESERVE FIELDS
UNDER SDG&E POWER LINES
B. MELLO I AND I1 LCPS
1) AG-SUBSIDY PROGRAM
(REPELALED BY BRADLEY
BILL) R 2) AG-IMPROVEMENTS PROGRAM
3) COASTAL AG-OVERLAY ZONE - PROVIE
OPTIONS TO MITIGATE CONVERSION
1 C. EAST AND WEST BATIQUITOS LCP'S - FE
MITIGATE CONVERSION
D. EFFECT OF OTHER COASTAL ACT AMENDMENTS
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5. Agriculture
A. Goals
A.l Prevent the premature elimination of agricultural land i preserve said lands wherever possible.
8. Objectives
B.1 Permit agricultural land uses throughout the city.
8.2 Conserve the largest, possible amount of land suitable agricultural purposes that are now undeveloped through willing compliance of affected parties.
Develop measures to ensure the compatibility of agricultui production and adjacent ?and uses.
8.3
C. Implementing Policies and Action Programs
C.1 The city should support arid utilize all measures availabl including the Williamson Act, designed to reduce the financi burdens OR agricultural land, not only to prevent premati
development, but also to encourage its continued use 1 agricultural purposes.
C.2 The city should participate with neighboring cities i communities in projects leading to preservation agricultural resources and other types of open space allc mutual sphere of influence boundaries.
The city should consider the acquisition of larids or proper
rights for permanent agricultural uses through methods means such as trusts, foundations, and city-wide assessme districts.
The city should attempt to preserve the flower fields or lan east of 1-5 to the first ridgeline between Cannon Road a Palomar Airport Road, through whatever method created and me advantageous to the city of Carlsbad.
C.3
C.4
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SEGMENT
DMELLO I
DMELLO II m AQUA HEDIONDA H VILLAQE REDEVELOPMENT
WEST BATIOUITOS
EAST BATIOUITOS .
1 1 EL
..--a. ..-l.V.-l-.. -L--.w.-.=.
2 ~H~ULUU~
t
city of carlsbad local coastal proer
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2 , AGRICULTURE
* Coastal Act Policies
30241. The maximum amount of prime agricultural land shall
be maintained in agricultural production to assure the protection of the areas' agricultural economy, and conflict
shall be minimized between agricultural and urban land through all of the following:
(a) By establishing stable boundaries separating urban and rural areas, including, where necessary, clearly define buffer areas to minimize conflicts between agricultural and urban land uses.
(b) By limiting conversions of agricultural lands around
the periphery of urban areas to the lands where the viability of existing agricultural use is already severely limited by conflicts with urban uses and wher the conversion of the lands would complete a logical
and viable neighborhood and contribute to the
establishment of a stable limit to urban development.
(c) By developing available lands not suited for agri-
culture prior to the conversion of agricultural lands.
(d) By assuring that public service and facility expansion: and non-agricultural development do not impair agricultural viability, either throuqh increased assessment costs or degraded air and water quality.
(e) By assuring that all divisions of prime agricultural lands, except those conversions approved pursuant to
subdivision (b) of this section, and all development
adjacent to prime aqricultural lands shall not diminisi the productivity of such prime agricultural lands.
30242. All other lands suitable for agricultural use shall not be converted to non-agricultural uses unless (1)
continued or renewed agricultural use is not feasible, or
(2) such conversion would preserve prime agricultural land or concentrate development consistent with Section 30250. Any such permitted conversion shall be compatible with continued agricultural use on surrounding lands, c
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0 Discussion
Agriculture in the Agua Hedionda area is dependent upon a
wide range of factors. The soil resource is not as ideal as that in other parts of the state, but is well suited to the existing aqricultural operations, Climate is the major factor which has determined the success of the area's agri- culture since it allows production during months when agriculture is precluded in competing areas. Water is a critical factor, and both direct and indirect energy costs contribute significantly to agricultural costs. Labor also represents a substantial proportion of costs; its future
depends to a large extent on government policies toward
undocumented aliens. Access to certain Carlsbad agricultural areas is difficult during certain times of the
year.1mprovement of access would involve a trade-off between
production gains from better access and the potential for
increased vandalism.
Agricultural activities in the plan area are limited to south shore properties. This area is contiguous with other
large agricultural lands to the south arid east.
Policies
2.1 ah Coastal Act policies, and the policies of this plan.
2.2 The south shore agricultural lands shall be designated Fen space". This area shall be zoned "Exclusive
Agriculture" in the implementation phase of the plan.
2.3
shall be subject to the following conditions:
a) Prior to development SDG&E shall record a permanent open
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Conversion of agricultural property shall be consistent
Conversion of the 45 acre SDG&E south shore property -
space easement over the reilnaining agricultural lands in
favor of the city of Carlsload. Said easement shall limit uses to agriculture, utility riqht-of-way and
maintenance, roadways, and recreation trails that do not
interfere with agricultural operat ions .
SDG&E shall provide a written report demonstrating to
the satisfaction of the city, that preservation of the site is not necessary to assure reasonable expansion opportunities for the Enciria Power Plant in accordance
with Coastal Act Section 3Cl413(b), and that future expansion could reasonably be accommodated at the present power plant site, Said report shall be a requirement of a future specific development plan for
the property.
b)
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c) Prior to issuance of a permit for development of the parcel, the owner shall make a portion of the site available for development as a public recreational us( if the city finds that current or future recreational
needs require the development of such uses in the soul shore portion of the Land Use Plan area.
amended to allow for a city-sponsored agricultural program, SDG&E may apply for inclusion in the amended
d) In the event that the Carlsbad Local Coastal Plan is
B program.
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----- 2. AGRICULTURE
Policy 2-1 CONSERVATION OF AGRICULTURAL LAlNDS
A. Basic Agricultural Policies
1. Coastal Agriculture:
Consistent with the provisions of sections 30241 and
30242 of the Coastal Act, it is tlhe policy of the City
to contribute to the preservation of the maximum amount
of prime agricultural land throughout the Coastal Zone
by providing for the balanced, orderly conversion of
designated non-prime coastal agricultural lands. Non-
prime agricultural lands identified on Map X (See
Exhibit 3.3, Coastal Agriculture Overlay Zone) are
designated Coastal Agriculture and shall be permitted !
convert to urban uses subject to khe agricultural primc
land exchange mitigation, infeasibility determination,
or conversion fee mitigation provisions set forth in tk
Local Coastal Program (LCP).
2. Conversion of Coastal Agriculture::
Conversion of designatedl coastal agricultural lands
shall be permitted provided that: a1 conversion would
preserve prime agricultural lands within the statewide
coastal zone consistent with sections 30241 and 30242 (
concentrate new deveSopment consistent with Section
30250 of the Coastal Act; or b) continued or renewed
agricultural use is not feasible; or c) payment oE an
agricultural conversion mitigation fee in an amount not
less than $5,000 and not more than $10,000 per converte
acre has been made.
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3. Conversion Options:
Conversion of non-prime coastal agricultural lands sh
be permitted pursuant to either Option 1 - Mitigation
Option 2 - Feasibility Analysis or Option 3 - Convers
Fee as set forth below in this policy. Consistent wi
Section 30242 of the Act, no feasibility analysis sha
be required if a landowner selects Option 1 or Option
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Option 1 - Mitigation (Prime Land Exchange)
Non-prime coastal agricultural lands shall be convert
to urban use consistent withh the Carlsbad General P1
if, prior to approval of a subdivision map, a mitigat
program is in effect that permanently preserves one a
of prime agricultural land within the statewide Coast
Zone for each acre of net impacted agricultural land
the LCP that is converted. For purposes of calculati
required mitigation acreage, net impacted agricultura
lands are the parcels and acreages designated on Map
(See Exhibit 3.31, minus the acreages in steep slopes
(See Exhibit 4-1) (25% or greater) and areas contafni
sensitive coastal resources that would preclude
d eve 1 opme n t .
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The standards and procedures for such a mitigation
program shall be set forth in LCP implementing
ordinances. Recipients of prime agricultural land
interests pursuant to this policy shall be limited to
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1) local or state agencies; or, 2) tax exempt
organizations whose principal charitable purposes are
consistent with the agricultural mitigation program and
qualify under Section 501(c)(3) of the W.S. Internal
Revenue Code. Further, mitigation priority shall be
given to preserving prime agricult.ura1 lands in the
coastal zones of counties selected by the State Coastal
Conservancy for pilot programs funding, and other
counties with similarly qualified programs.
Option 2 - Determination of Agricultural Feasibility
If the feasibility of continued agricu1tur.e is
questionable, either the City or involved landowners ma
‘complete an agricultural feasibility study for: a) all
coastal agricultural lands in the LCP; b) 3 or 4
subareas (See Exhibit 3.3) which constitute logical
subunits; or, cl contiguous landholdings in a single
ownership of at least 100 acres. If Option 2 is
selected, that portion of the study area determined to
be feasible for continued agriculture, if any, may be
converted upon request of the landowner to urban use
subject to compliance with the provisions of Options 1
or 3. That portion of tihe study area determined not to
be feasible €or continued agriculture could be converte
only after: a) the City approves the feasibility study
b) an LCP amendment is prepared and submitted to the
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Coastal Commission that provides for the conversion;
c) the Coastal Commission certifies the LCP amendment
to its conformance with the Coastal Act.
Option 3 - Agricultural Conversion Mitigation Fee
1 Conversion of non-prime agricultural lands shall be
permitted upon payment of an agricultural conversion
mitigation fee which shall mitigate the loss of
agricultural resources by preserving or enhancing otk
important coastal resources. The amount of the fee
shall be determined by the City Council at the time 1
considers the proposal for development and shall ref1
the per acre cost of preserving prime agricultural la
pursuant to Option 1 but shall not be Less than $5.00
nor more than $10,000 per acre. All mitigation fees
collected under this section shall be deposited in tt
State Coastal Conservancy Fund and shall be expended
the State Coastal Conservancy in the following order
priority:
1. Restoration of natural resources and wildlife
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1 habitat in Batiquitos Lagoon.
2. Development of an interpretive center at Buena
Vista Lagoon.
3. Restoration of beaches managed for public use in
the coastal zone in the City of Carlsbad.
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4. Purchase of agricultural lands for continued
agricultural production within the CarEsbad Coast(
Zone as determined by the Carlsbad City Council.
5. Agricultural improvements which will aid in
continuation of agricultural production within thc
Carlsbad Coastal Zowe as determined by the Carlsbi
City Council.
For purposes of implementation no Option shall have
priority over any other Option.
4. Underlying Urban Designaitions of Coastal:
To maximize and expedite the preservation of prime
agricultural lands throughout the state coastal zone,
all parcels designated coastal agriculture (See Exhibit
3.3 and Table 5.l)in the LCP shall. have an underlying
urban land use designation as identified on Map Y (See
Exhibit 1.2). Conversions of coastal agriculture land
permitted by the City in conformance with either Optior
1 or Option 2 as set forth in Policy 2 shall be
consistent with the land use designations on Map Y (See
Exhibit 102)*
5. Conversions of Coastal Agriculture Inconsistent with
Underlying Urban Designations:
Conversions of parcels designated coastal agriculture
that are requested for uses other than the underlying
land use designation on Map Y (See Exhibit 7-21 Bhall b
subject to an LCP amendment to allow the City and
Coastal Commission to determine the consistency of
proposed urban uses with other applicable provisions of
the LCP and the Coastal Act.
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I B. Designated Coastal Agricultural Lands
"Designated Coastal Agricultural Lands" are those
agricultural lands identified on Map X (See Exhibit
3.3)attached to the Land Use Plan certified on October 24
1985. The following are the lands identified on Map x (s 4 Exhibit 3.3):
Site I1 377 approximate acres
Site 111 275
Site IV 109
Lusk 93
Bankers 27
n n
U n
n U
N #t
U n
LCP Segment)
Total: 1,081
C. Permitted Uses on Designated Coastal Agricultural Lands
The land uses described below shall apply to any designat
coastal agricultural land which has not been approved for
development.
1. On any Class I through Class IV Agricultural Lands: I (See Exhibit 4.2) the following uses only are
permit t ed :
a. Cattle, sheep, goats and swine production, providc
that the nnumber of any one or combination of saic
animals shall not exceed one animal per half acre
lot area. Structures for containing animals shall
not be located with fifty feet of any habitable
8
I A7 6-3.
structure on the same parcel, nor within three
hundred feet of an adjoining parcel zoned €or
residential uses.
b. Crop production.
c. Floriculture.
d. Horses, private use.
e. Nursery crop production.
f. Poultry, rabbits, chinchillas, hamsters and other
small animals, provided not more than twenty-five c
any one or combination thereof shall he kept withir
fifty feet of any habitable structure, nor within
three hundred feet of an adjoining parcel zoned fox
residential uses.
g. Roadside stands for display and sale of products
produced on the same premises,, with a floor area nc
exceeding two hundred square feet, and located not
nearer than twenty feet to any street or highway.
h. Tree farms.
i. Truck farms.
j. Wildlife refuges and game preserves.
k. Other uses or enterprises simjilar to the above
customarily carried on in the field of general
agriculture including accessory uses such as silos,
tank houses, shops, barns, offices, coops, stables
corrals, and similar uses required for the conduct
of the uses above.
1. One single family dwelling per existing legal
building parcel.
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2. On any Class V through VI11 Agricultural Lands: 1 (See Exhibit 4.2) the following uses only are
permitted 2
a. All of the permitted uses listed above.
b. Hay and feed stores.
c. Nurseries, retail and wholesale.
d. Packing sheds, processing plants and commercial
outlets for farm crops, provided that such ,
activities are not located within 100 feet of any
lot line.
e. Greenhouses, provided all requirements for yard
setbacks and height as specified in Chapter 21.07 oj
the Code are met.
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LANDS
r--1 DESIGNATED CA/SUB A ,--J I) I r irydf’
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\ --e ‘\ ‘.
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8 30156.1 PUBLIC RESOURCES CODE
Repeal
For contingent repeal of this section, see Historical Note, post
HistdaI Note of the Interior as m addition to the Golden Gate National Recreation Area.
"(c) The transfers described in subdivisions (a) and (b) shall k accomplished without co51 1o thc sldte,..
***. 3. AS to my property transfern& pun-t (0 Section 1 of this act consisting of 15 acrn or less. the
Director of Transportation shall except and rnerve to the
state all mineral deposits, as defined in Section 6407 of the
Public Resources Code, bdow a depth of 500 foci. without surface rights of entry. As to property sold punuant to
Section 1 of this ad consisting of more than I5 acres. the
Director of Transportation shall except and revrye to the
s(Ble dl m,ncral dePits, L1 defined in section 6~)7 of Ihe Public Rmurcn Cafe. together with the right to pmpcct for. mine. and remove the deposits. The rights 10 prmpel for, mine, and remow the deposits shdl be limitcd to those
areas Of the property conveyed which the dimtor. dna
consultation with the SuIe Lnnds Commission. detennina
10 be ra-nably nec-ry for the removal of the depasits.
If the real property dexihed in Section 1 of thit act has not been transferred to the Secretary of the
Interior, by January 1. 1994. Sections 1, 2. md 3 d thio act
shall be repealed as of January 1. 1994. unlesa i Ltn
cnacted statute extends or deletes that daw."
1988 LcsbLaroll
!khlS 1, 3 md 4 Of sM~.l%& C. 1381. provided:
"seaion 1. (a) Upon the condition of nonshtc funds kcoming available to the wnment of Fish and Game for
the purposa of this act, the Department of Transportstion shall transfer to the mflmmt of Fish and Game for
armidention a1 least qusl to the acquisition Cost Wid by the statC that Para] of PWnY ex- tO the needs Of [he
mmmt Of T-sPation. located east of state High- way Route 1 in the City of Pacifica in Sn Maleo County, consisting of approximately 11 acre described in Directon Deed DW2876C01-01* and 'ituated in the -tal zone Purawt to Scction 30156.1 Of the Pub1ie Raourcu we.
"(b) Notwjthsunding my othn provision of law, [he Dcpartmmt of Fish and Game. using nonstate funds made avaihble to jt for that p~rposc may acqui= f- the Deprrtment of Transportation the rul pmperty described in subdivision (a) and may lell that property for I conridera- lion at least equal to its cost of acquisition to a publlc or
private entity. It is the intent of the Legislature that. with the concurrence of the City of Pacifica. the property de-
scribed in subdivuwn (a) be made available to the Secretary
.
"Sec. 4.
4 30170.7. Repealed by Stats.1988, e. 160, 4 158
0 30171.2. City of Carlsbad: local coastal program: agricultural conversion fees; prioritles;
(a) Except as provided in subdivision (b), on and after January 1, 1985, no agricultural conversion fees may be levied or collected under the agricultural subsidy program provided in the local coastal program of the City of Carlsbad which was adopted and certified pursuant to Section 30171. All other provisions of that program shall continue to be operative, includinR the right to develop designated areas as provided in the program.
(b) This section shall not affect any right or obligation under any agreement or contract entered into prior to January 1. 1985, pursuant to that agricultural subsidy program, including the payment of any fees and the right of development in accordance with the provisions of any such agreement or contract. As to these properties, the agricultural subsidy fees in existence as of December 31, 1984, shall be paid and allocated within the City of Carlsbad, or on projects outside the city which benefit agricultural programs within the city, in accordance with the provisions of the agricultural subssy program as it existed on September 30, 1984.
(c) Any agricultural conversion fees collected pursuant to the agricultural subsidy propm and not deposited in the agricultural improvement fund in accordance with the local coastal program or which have not been expended in the form of agricultural subsidies assigned to landowners by the local coastal program land use policy plan on January 1, 1985, shall be used by the State Board of Control to reimburse the party which paid the fees if no agreements or contracts have been entered into or to the original parties to the agreements or contracts referred to in subdivision (b) in proportion to the amount of fees paid by the parties. However, if the property subject to the fee wm under option at the time that the original agreement or contract was entered into and the optionee was a party to the agricultural subsidy agreement, payments allocable to that property shall be paid to the optionee in the event the optionee has exercised the option. Reimbursements under this section shall be paid within 90 days after January 1, 1985, or payment of the fee, whichever occur8 later, and only after waiver by the party being reimbursed of any potential legal rights resulting from enactment of this section.
(d) Any person entitled to reimbursement of fees under subdivision (c) shall file a claim with the State Board of Control which shall determine the validity of the claim and pay that person a pro rata share based on the relative amounts of fees paid under the local coastal program or any agreement or contract entered pursuant thereto.
There is hereby appropriated to the State Board of Control the fees referred to in subdivision (e), for the purpose of making refunds under this section.
Underllne lndlcates changes or addltlonr by amendment
reirnbursemente, claims: appropriation
2
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PUBLIC RESOURCES CODE 0 30251 Nota 1
je) Notwithstanding any geographical limitation contained in this division, funds deposited punu- ant to subdivision (b) may be expended for physical or institutional development improvements
needed to facilitate long-term agricultural production within the City of Carlsbad. These funds ma be used to construct improvements outside the coastal zone boundaries in San Diego County if thz improvements are not inconsistent with the Carlsbad local coastal promm and the State Coastal
bnservancy determines that the improvements will benefit agricultural production within the coastal zone of the City of Carlsbad.
(Amended by Stats.1988, c. 402, 5 1.)
$ 30171.5. City of Carlsbad; local coastal program; mitigation fee for development on nonprime
(a) The amount of the mitigation fee for development on nonprime agricultural lands in the coaatal
zone in the City of Carlsbad that lie outside of the areas described in subdivision (0 of Section SOP70 and subdivision (b) of Section 30171 shall be determined in the applicable segment of the local coastal program of the City of Carlsbad, but shall not be less than five thousand dollars ($6,000), nor more than ten thousand dollars ($lO,OOO), per acre. All mitigation fees collected under this section shall be deposited in the Sbte Coastal Conservancy Fund.
(b) All mitigation fees collected pursuant to this section are hereby appropriated to, and shall be expended by, the State Coastal Conservancy in the following order of priority:
(1) Restoration of natural resources and wildlife hrrbitat in Batiquitos Lagoon.
(2) Development of an interpretive center at Buenai Vista Lagoon.
(3) Provision of accesa to public beaches in the City of Carlsbacl.
(4) Any other project or activity benefiting natural resources in the coastal zone in the City of Carlsbad that is provided for in the local coastal program of the City of Carlsbad.
{c) Not less than 50 percent of collected and bonded mitigation fees shall be expended for the
purpose specified in paragraph (1) of subdivision (b).
id) Other than to mitigate the agricultural conversion impacts for which they are collected, none of the mitigation fees collected pursuant to this section shall be used for elements of a project which. cause that project to be in compliance with this division or to mitigate a project which would otherwise be inconsistent with this division. When reviewing a potential project for comistency with this subdivision, the State Coastal Conservancy shall consult with the commission.
(Amended by State.1987, c. 480, 0 1.)
agriculturai lands; prioritiea
CHAmR 8. COASTAL RESOURCES PLANNING AND MANAGEMENT POLICIES
$ 80212. New development projecta
L.rmlI8wkutlrl.l
dwap (et what you want, but wmdma YOU get what you d. Timothy A. Bittk. 15 Pepperdine L.Rev. 345 (1988). 2. Rodm
appeal diunhred, cmtiorul denid 106 S.Q 1962, 476 U.S.
Ndkn V. California &utd Cornmiasion: You an? 1111. 90 L.Ed.2d 648.
Whakn' Village Club v. clllfmh Couui Cun'n (Am
una] vruted 220 U.Rpu. 2, 173 C.AM 240. qprl
diuniued, certionri deniedl 106 S.Q. 1962, 476 US. I I1 1.
90 L.Ed.2d 6-48.
2 DLt.1985) 218 Cd.Rm. 122, 172 CA3d 62 [Mia VOI- NaaolIkddOsr
1. I. OSserJ
Wtulcrr' Vilkgc Club v. cllifomia C0ut.l Com'n (Am. 2 Dist.1985) 220 C.1.Rptr. 2. 173 CAM 240 [main volume]
0 30251. Scenic and visual qualltier
Nota of Becblau apace mat codition upon isruurcc d d devdop
merit permit waa raromblg rektcd to st.tutay objective of pmcning scenic and Visual qrulitia of maul UQL p.di v. Cmlifomia Coatd Com'n (App. I Dirt.1986) 223 CJ. Rptr. 792, 178 C.A.3d 544.
1. I.-
Evidmcc in administrative record wu ruffiacnt (0 aup
port California Coulll Commiuion'a concluoron that opcn-
htorlskr ' Indluto dolotlonr by rmondmont
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1 STAFF REPORT
DATE : MARCH 8, 1989
TO : OPEN SPACE COMMITTEE I FROM : PLANNING DEPARTMENT
SUBJECT: ADMINISTRATION OF OPEN SPACE
I. BACKGROUND - PUBLIC vs. PRIVATE RESPONSIBILITY
One of the results of Proposition 13 and subsequer
limitations on the ability to increase general revenue sourcz
was for cities to reconsider the responsibility for tl
operation and maintenance of open space. Of primary concei were areas of improved open space (i.e, parks, acti7 recreational areas, trails) but also of concern were tl operational costs of publically-owned natural an( environmentally-sensitive areas (i.e, canyons, floodplains: It became the City's general policy in the early 1980s to ket as much of our open space as possible in private ownership ai therefore not have the City responsible for its administratic and maintenance. In 1982, in conjunction with the update (
the Parks and Recreation Element, the City decided to cham
the approach of having the City own and maintain numeroi neighborhood parks but rather to concentrate on having fewt but larger community-wide parks. The cost of maintenance ai operation of fewer but larger community parks is less than : would be for many smaller neighborhood parks. At that timc the idea of having a City-owned and maintained trail systc interconnecting all four quadrants of the City was droppec Finally, instead of accepting as publically-dedicated opt space areas preserved for natural or visual purposes , tl policy of the City was to require these areas to remain . private ownership with, at the most, an easement for publ. open space purposes. Because of these changes, it important when discussing the issue of responsibility for tl operation and maintenance of open space to recognize tl distinction between public vs. private administration. 1
11. PUBLIC MAINTENANCE/OPERATION/LIABILITY
The responsibility for the administration, operation ai
maintenance of publically-owned open space, principally park:
falls under the purview of the Parks and Recreatic
Department. A representative from the Parks and Recreatic
Department will be available at the Open Space Committee
meeting to give a presentation and answer questions on tl
department's role in administrating certain open space arel I
A-69
(i.e, parks) and the cost of maintaining improved and unimproved open space land.
In discussing the issue of liability with the City's Risk Manager, it was determined that City liability associated with unimproved publically-owned open space land is minimal. The liability risks increase (proportionally) if the lands are improved for active open space uses. Tlhere is very little, if any, liability to the City if an open space area is retained in private ownership.
111. PRIVATE MAINTENANCE AND OPERATION
Private responsibility and maintenance of open space is
normally handled through a homeowners association (HOA) operated under provisions of the California Civil Code and Administrative Code pertaining to Department of Real Estate regulations. Monthly assessment to each benefitting homeowner are assessed beginning with the sale of the first lot in the affected development. Payment of assessments is a contractual obligation of the homeowner, although the HOA would have
foreclosure power once the assessments became delinquent.
Normally, the HOA would contract with a management company
and/or one or more maintenance contractors. Advantages to
this type of private maintenance and operation are not only that there are no cost to the City but that there is also no City administrative function necessary.
Another mechanism that is available to relieve the City of the maintenance and operation costs associated with open space is an Open Space Maintenance District. AI-though the costs of maintenance and administration would be paid by private property owners, the open space area must be publically dedicated and the City must administer the program. The assessments are levied annually and are collected with the property tax bill. The City has an adopted policy regarding the formation of open space maintenance districts which is attached for the Committee's review.
IV. ENFORCEMENT
In the past couple of years, the City has become increasingly concerned about the enforcement and monitoring of conditions
which are placed on development projects having to do with the protection of open space resources. Examples would be
conditions requiring the preservation of a natural resource,
setbacks and buffers from environmentally-sensitive areas and
conditions requiring a certain amount or type of open space. A Planning Commission Subcommittee was formed last year to work with staff in developing recommendations to improve the "quality control'' of projects being built in the City. One of the major items being looked-at is how the City can make
sure that a project is built the way it was approved. Staff
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will update the Citizen Committee at your meeting on the WOI and recommendation of this Planning Commission Subcommittec
One additional enforcement item that staff will explain j
more detail including its impact on open space protection j
a recent change in the California Environmental Quality Act This change requires that whenever an environmental conditic or mitigation measure is placed on a project as a result c the environmental review process, that a monitoring ar reporting program be required to ensure that the condition c mitigation is fulfilled and that it works. 8
V. ISSUES TO BE ADDRESSED BY CITIZENS COMMITTEE
Do the benefits derived from having all the open space are; in the City dedicated to and owned by the public outweigh tl costs to the general public for maintenance, administratic
and liability? Does the committee wish to recommend a chanc
to the present City policy of having as much of the open spac as possible, especially passive areas and neighborhood-levt recreation and resources, owned and maintained by prival
property owners? If a change in the policy is recommendec
what funding mechanisms are suggested?
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there arc subst.antia1 reasons for providinq common or public xilainter
The cr-ezitj-d3 of intensively Pan2scaped areas, which are expe1i.C;ive tG
maintain, should be carefully 1j.mte.d. Open spzce areas should be
devt?lo?ed so as to obviate the need for a public maintenance distric
The intent of t,his pclicy is to define crj-teria for establishirig
mzintenance districts wlien appropriate, ani! to octline the prQccdure involved.
The characteristics J deqrec of devclctpment @ landscape, and maintennr
---- ----______
CP.I~CE!?:!. 1.1 t: i.92 L1-2 t3
Super:;ci!.2s No. 23 1
-- ____ __-_-
- - .--..._ ..__ .-__ ~
s;?ecir'ic s ,,\ -.a, .' La... ?-.L L: OPEN SPACE ??L\INTENANCE
D I: ST RI C T S
DE F I li IT IONS I-
excluding tne followins: City parks to be rnaintzined out of the (
funds of the City; prime open spzce and conservation areas identi:
I Maintenaqce District: _-- A district to provide maintenance of GFen !
maintenance ~reds formed pursuant to the "Landscaping and LiC;likin(
I or other way aedicated to or used for public use.
(h) Any public property, right-of-way, or leasehold interest wh in use in the performance of a public functi~n and which ;?d
any of the ways described i.n subdivision (a) (Sectj.on 22535
pursuant to the Landscaping and L,i.q\ltinq Act of 1972, or the anne
i- FDI-.LCI; ljo. 23 page ' O
C I'i'i' CJ ;> c!~l~i 1,s 2 ;i ;J
- ..-- - .._ . ~ ..__.__ - __ ______ , ,.-.I ' .- :.:I, X)L,IC:Y :;r.rL-iti: ,_._ ::;'.;:
I
CLItr, -p-;:;cc;cl 8/2/93 ---. ____ __.____-____
J ---___ __._____ __
__---_._c
235 No. 23 (1/ _.__-
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.L L.. -'i ? .. ~o~~~~ kf2: CI.,:~ Cc~in:i.'L, Ci;-\r - .f t,!~i~~l~~~,, Ciky ~-kt---:A l).~:~~~~~~~~~l~ ;1!
_-
-, :?-.;,;;7;\]- .- . . . . -
.pL3c_.7zic .- -
$.;x:; : :<c ;;: OPEN SPACE
S PAC E 2:;k: -.-L - ., -L L .. 0 'r) ZX PLY I FIT E>i -J.->j CE
DISTSICTS
-- -__. ..
... -_ 7 DT~VISLCT: i.:e.ii~~, E2~1~~2.2 L+ ~,~~~~j-~~i~ 2:o-.7ctsI ~;-n_s;s, yilrr
.. _-
2. An active maintenance program is essential in order for t'le ~pen space maintenance area to serve its designated function.
3. he use of a maintenance district is the best way of providing mziintenance.
4, The property owners within the district will benefit by the activ
maintenance of open space maintenance areas.
5, The subdivider will bear the cost of the incidental expenses necessary to establish the district.
6. The subdivider will provide maintenance for a year for all newly planted acezs.
Maintenan.ce district shall not be used to provide maintenance tci the
L
I followin?: i 1. Areas designated as City parks.
2. private recreztion areas.
3. Privately otwned praperty unless an appropriate easemcilt has been 1 1 granted to the City. I
PROCZI?!JRES FOR EST43!~1SFME!\J'? -__ OF - CISTRICTS -- : ----
The foi.I.o\~inq procedure shall be fcllowed in order to establish a
naintenarice district:
1, As part of the development review process, City staff shall anal>
2. City staff shall prepare recommendations to the Planning Commi.ssi
open space requirements in all proposed subdivisions.
on the following: a, the intended function of all propc)sed open space.
h, maintenance responsibility for all proposed open space. c. cateqories oE landscape development in proposed open space.
3. The Planning Commission shall reccmxcnd What tentative map ccrdit
will he imposed on subdivj.sions to insure adequate open space maintenance.
4. Upon tentative map approval by the City Council, the City staff I prepare estimates on the cost of forming a district and the annui cost of maintenance.
5. City staff report shall be presented to the City. Council.
6, If t!ie Council decides to proceed with the forrmtion of a di3Lri.c reso:lutian initiatinq pr3ceedinq ~1-1gul.d be adopted pursr!allt to tl
provisi.ons of the Landscaping and Lighting Act of ? 972.
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- - . - . . __ . . . __ . - . . .- __ - . . - - ___ __ - -. . __. -. ___ - .. -. - __ -- - . - - - -. . . . .. . .- __ .
--
After approval of the report, City Council i:dopts Rcsclution of Intention. Thc 'resolukion stir:ll, amng othcr thi.ugs, fix a time and placs for a pub1.i~ hearing. I
4
CllY C1,l:RS
~ Shall givc notice of hearing as provided
-
in thc Act.
STAFF REPORT
DATE : MARCH 8, 1989
TO : OPEN SPACE COMMITTEE
FROM : Planning Department
SUBJECT: TRAIL SYSTEM
In 1982 in conjunction with the review of thie revised Parks and Recreation Element, the City decided not to pursue the idea of a publically-dedicated andmaintained, citywide-hterconnectingtrail
system. At that time, the consultant working on the revised
element was recommending a "Hiking/Equestrian Corridor PlanNt which would connect all four quadrants of the City and provide a link between Carrillo Ranch, La Costa, Batiquitos Lagoon, Macario Park
and Lake Calavera (refer to attached diagram, Exhibit tlAbg), When the revised Parks and Recreation Element was being considered at public hearings by the Planning Commission, the decision not to pursue the plan was made for the following reasons:
1. Improvement costs particularly those associated with bridging
major roads such as El Camino Real and Palomar Airport Road
2. Continual maintenance costs
3. Public liability
4. Impact to adjacent private property particularly where the trail might have to be next to homeowners private yards
5. Security/policing problems
Besides deleting the hiking/equestrian diagram, the following policy statement and action program were removed from the Element:
1. **Develop land dedication requirements for hiking/equestrian
2 e "Develop requirements for irrevocable offers of land dedication by the private sector for open space as shown on the Hiking/Equestrian Corridor Plan.*I
These statements were replaced with the following policy which now is included in the existing Parks and Recreation Element. "If a recreational trail system is established, they shall be provided by developers and maintained by private property owners.*'
Although the 1973 Open Space and Conservation Element contained a
couple of general statements or references to a trail system, it appears that the main implication that the Ci.ty would pursue some
corridors o It
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sort of a citywide, interconnecting trail system is reflected i
the 1973 Prime Open Space and Conservation Map (attached as Exhibi
ccBrr). The map reflects corridors or linkage between major ope space areas using in part utility easements and railroad right-of
The draft updated Open Space and Conservation Element stil contains general references to considering trails as a open spac
use but because of the decisions which were made when the Revise
Parks and Recreation Element was adopted in 1982, no specifi
policies or action programs regarding a comprehensive trail syste were included in the draft update.
Staff is not sure that a citywide, interconnecting trail system a envisioned prior to 1982 is still physically possible. Staff woul need to do some extensive review including field work to see i private development has precluded the possibility of complet linkage. In order to make a interconnecting citywide system work staff believes that the trails would have to be publicall dedicated and maintained by the City in order to ensure commc improvement and maintenance and to guarantee use by the genera public. Staff does not believe that a system focusing c equestrian use would be used anymore given the development patterr that have occurred in the City. If the Citizens Committee wish€ to further pursue the idea of a complete, city-wide interconnectir trail system, staff would recommend that the Committeers report t the City Council include a recommendation to have a more detailed
in depth evaluation including dedication requirements, physica
constraints and improvement and maintenance costs.
Providing separate trail systems within individual, undevelope
communities in the City is of course still possible if tt
committee wishes to recommend it. If they just provide acces within an individual community area, they can probably be retain€ in private ownership and maintenance. Goals and policies could k added to the updated Open Space Element to require future Mast€
Plans for the undeveloped portions of the City to address providir
interconnecting trails within the Master Plan areas, The issuc of dedication, maintenance, security would need to be addressed.
Attachments
Exhibit lrAtc
Exhibit crBcr
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MARCH 22, 1989
TO: CITIZENS COMMITTEE TO STUDY OPEN SPACE
FROM : Planning Department
OPEN SPACE MAP
I, DESCRIPTION/PURPOSE OF OPEN SPACE MAP
The Open Space Map (attached as Exhibit tlAtl) is a graphic representation of the existing and future open space which will be provided in the City.
Existing and future open space areas as presently shown on the General Plan Land Use Map including all publically-owned or dedicated open space lands (i.e, parks, Lake Calavera, Macario Canyon and San Marcos Canyon) o
Additional areas of environmentally-sensitive lands which
are prohibited from development by the Open Space Ordinance (Ordinance No. 9795 , attached as Exhibit rrBrt) as identified by the Natural Resource Inventory. These lands include beaches, lagoons, wetlands, floodways, other permanent water bodies, riparian areas and steep slopes o
3. Additional areas of open space which were obtained through the Master Plan , Planned Development or
development approval process. Because of the scale of the map only the larger ones are shown.
4, The map also shows the areas of the City where the additional 15% open space requirement of the Growth
Management Plan applies. Until the Local Facilities
Management Plans are prepared for the areas, the specific
location of the open space is not mapped but cannot
include environmentally-sensitive lands which are
prohibited from development by the Open Space Ordinance.
As mentioned previously, the Open Space Map is intended to be a graphic representation of existing and future open space. It is
not meant to reflect precise legally-def inecl parcel boundaries. There are over 22,000 parcels in the City. The scale of the base
map presently used to prepare all City planning maps is at a scale
of one inch (1") equals one thousand feet (1,008 I) ) D The City does
not presently have a map which shows the legal boundaries of all the parcels in the City. Although the City is pursuing the preparation of parcelized base maps, it is a long term project
which will require probably a number of series of separate maps and will cost at least a quarter of a million dollars. For these reasons, the State Guidelines for the preparation of General Plan
It is comprised of the following:
1.
2.
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and its elements, like the Open Space Element, recommends that mal: contained in the General Plan be referred to as 8pdiagramst' whic are graphic expressions of the Plan's goals, objectives ar implementing programs. Although the map or diagram must t consistent with the General Plan text, it is not typically mear to have the same regulatory nature as written ordinances, standar or policies or to be parcel specific. The State Guidelines fc preparation of General Plan Elements suggests following a recent published opinion of the Attorney General which is as follows:
A 'tdiagram" is commonly defined as 'la graphic design tha
explains rather than represents: a drawing that shoh arrangement and relations. If (Webster t s New World Internat Dict. (3d ed. 1966) p. 622.) M 'A diagram is simply a
illustrative outline of a tract of land....At best, it is bc an approximation.'" (Burton v. State (Ala. 1897) 22 So. 585
586. )
It is for these reasons, that staff has consistently recommend€
in the past that a General Plan Map or diagram not be used t legally enforce or lock into place a requirement of the City. General Plan goal, objective or requirement can be more adequate1 implemented and enforced if it is put into written form by adoptir standards and ordinances.
11. AMENDMENT TO THE OPEN SPACE MAP
Concern has been expressed in the past about the procedure fc substantially changing or modifying the Open Space Map. Once tk map is adopted as part of the updated Open Space Element, any majc deviation from the map will require a formal amendment to tk General Plan with noticed public hearings. Should the Citizer Committee feel that a more detailed or additional procedure fc
amending or deviating from the map is needed, two alternative
which the Committee may want to discuss are as follows:
1. More specifically describe in written form in the Opc
Space Ordinances, the boundaries of the areas that ai
being protected and which are prohibited frc development. Precise definitions could be included.
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2. Create a formalized procedure for adjusting tf
boundaries of any open space area shown on the may Findings required for the approval of a boundai adjustment to the map could include the following:
A. The open space area is of equal or greater area; ar
B. The open space area is of equal or great6 environmental quality; and
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C. The boundary modification is made in order to provide an enhancement to an environmentally sensitive area; and
19. The adjusted open space is contiguous or within
close proximity to the open spaice shown on the Open Space Map.
E. The City Council may also modify the boundary
location shown on the Open Space Map if it finds that the modification is necessary to mitigate a sensitive environmental area which is impacted by development provided the boundary modification preserves open space at a 2 to :L ratio and is within close proximity to the original. area of open space.
Attachments
Exhibit Itaf1 Exhibit I1Br1
arb
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OPEN SPACE h
CITY OF CAF
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LEGEND
0 *Space
1- Opa, SPmCO l&mmSd ll a CemWrns 01 ~m1.1 pM -space
~WWOm Y.rn Ptm OD0 W.CD .m rn“*arrnsnt.lY CO”n.”.M
rr..*1n. *“mna\- 4.e -.I .“d blM0 e., thc .s.* 0,
map .re not nthd to rnpesmnt PI~CD~ DI bpsl-
*)
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* Zones RequrnssrpPremental ODen Space
ReWm an adddlm.1 15% ot bnd *rea n the tacPy nunam
2- IO 1c me, .*we 10, w-m - .p.s(I 1”s 15% C.Wl
.TMC my SnnamrWI c-*m M
\
2o
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(81) land upon which other significant
(9) railroad track beds
environmental features as determined by the environmental revie process for b project are located
property listed in Subsection (b). Subject to the provisions c
Chapter 21.31 and 21e33, the City Council may permit limited development of such property if, when considering the
property a8 a whole the prohibition against development would constitute an unconstitutional deprivation of property. The
Planning Commission or City Council, whichever the final discretionary body for a residential development may permit
accessory facilities, including but not limited to, recreationa facilities, view areas, and vehicular parklinq areas, to be
located in floodplains (subject to Chapter 21.31) and on land subject to major power transmission easements.
inclination of 25 to 40 percent inclusive shall be designed to
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(c) No residential development shall occur on any
(d) Residential development on sllopes with an
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minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the grading
provisions of the Carlsbad Local Coastal program shall apply. (e) Projects which have received all discretionary
approvals under the provisions.of Title's 20 and 21 prior to effective date of this ordinance may obtain a final map with0
complying with this section for a period of two years from th date of the tentative map approval. Any time during which
approval'of the final map is proSibited by Ordinance No. 979 any other urowth management ordinance, shall be added to the
year period. Upon expiration of the tentative map, the stand of this ordinance shall apply to the property. (f) Projects with all discretionary approvals undei
the provisions of Title's 20 and 21 and with a final map apprc
prior to the effective date of this ordinance or approved pursuant to Subsection (e), or for which a subdivision map Is
required, may obtain building permits without complying with i section for a period of two years from the affective date of 1 ordinance. Once building permits are obtained, construction h
be diligently pursued to completion or the provisions of this section will apply. Upon expiration of the two year period OK
the building permits, the standards of this ordinance shall aF
to the property.
SECTION 2: That Title 21, Chapter 21.53 of the Carls
Municipal Code is amended by the addition of Section 21.53.240
read as follows:
21.53.240 Non-residential development restrictions on
Non-residential development shall be desfgned to avoi(
EFFECTIVE DATE: This Ordinance shall be effective
Open Space and Environmentally Sensitive Lands.
development on lands identified in Section 21.53.230.
I 1 thirty days after its adoption, and City Clerk shall certify tc
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after it
adoption.
INTRODUCED AND FIRST READ at a reqular meting of the
Carlsbad City Council held on the 27th day of May ?
1986, and thereafter
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PASSED A' IOFTED at a reqular meeting of said City
Council held on th.- 3rd day of June , 1986 by tl
following vote, to wit:
AYES: Council Members Lewis, Kulchin and Pettine
NOES : Council Members Casler and Chic:k
ABSENT: None
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MARY --, Mayor
ATTEST :
rk ALETHA L. RAUTENKRANZ, City C&k ' aa;tx&RR-
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1 DATE: March 30, 1989 1 TO OPEN SPACE COMMITTEE
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I I. BACKGROUND
FROM: WALLACE ROBERTS & TODD
SUBJECT: OPEN SPACE ADMINISTRATION SYSTEMS
This report describes and discusses common approaches to administration of park and open
space systems. The most common administrative systems used by cities rely on city
departments with functions either centralized in a single department or divided between
two. A third less common approach is the establishment of a Park Commission which
operates independently of the city, but generally reports to the City Council for
funding or budget approvals. Other groups also administer open space within city
boundaries either in coordination with city staff or as a response to the city
subdivision approval process. These groups may operate on either a local level, in the case of the homeowners associations (HOA), or at a regional level, in the case of the
regional park and open space agencies and land trusts.
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11. CITY-LEVEL ADMINISTRATION
The most common form of city administration is a decentralized system in which two
separate departments are responsible for different stages of administering open space,
each department being independently accountable to the City Council. Under the
decentralized system the Planning Department is commonly responsible for identifying and
obtaining potential open space areas. Once acquired a site is turned over to the Parks
and Recreation Department which is responsible for design, construction, maintenance and
security. For cities with well defined, park and recreation open space areas in urban
settings this administrative system works well. Additional special open space such as
road Right-of- Ways are typically administered by the Department of Public Works.
A second type of city administration is a centralized system in which all open
space-related functions are organized under one department which reports to the City
Council. Under this system a Public Services Division may control all aspects of open
space administration. In general, one superintendent within the Public Services
Division handles planning, design and acquisition while another deals with maintenance
and security. Both superintendents report to the Public Services Department I Administrator.
The City of Walnut Creek has adopted a centralized administrative system for its open
space. This system allows the city to efficiently coordinate, operate and manage over
3,000 acres of ridgelines and valleys associated with Mount Diablo, a regional landmark
in the San Francisco Bay Area. The Public Services Department staff can coordinate
easily with the Regional Parks and Recreation Authority staff and information is quickly
transmitted to the maintenance and security arm of the department. Because the system
is centralized, programming and maintenance needs are more easily coordinated. For
example, two rangers patrol the large, regional open space area, maintain trails, lead
nature programs and provide basic maintenance. I
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Some cities provide a full range of public open space from intensively developed parks
to open space areas of a more regional nature, such as the relatively undeveloped lands
in Walnut Creek for hiking, bird watching and other forms of molre passive recreation.
In general, if a city owns and maintains this type of regional open space, it will not
own more than a single parcel, typically not exceeding 500 acres. Providing maintenance
and security for a number of extremely large separate parcels taxes the resources of
most cities.
A third, less common, approach to administering open space is for the city to establish
a Parks and Open Space Commission which operates relatively independently. One good
example is the Fairmount Park Commission in Philadelphia. This is an independent
policy-making body with power over all use and management of -the Fairmount Park system,
which comprises roughly 8700 acres of diverse, non-contiguous open space and parkland.
The Commission’s power is limited in that its primary funding source is through the
General Fund of the City of Philadelphia, appropriated by City Council through the City
Administration. In recognition of their responsibilities affecting the management of
Fairmount Park, the Mayor, City Council, and the Recreation Department, the Water
Department, the Streets Department, and the Department of Public Property are
represented by ex officio members of the Commission. In addition to acting as
administrative and policy body, the Commission employs its own staff for planning,
design, maintenance, and security. (In 1983 the full time staff totalled 391
personnel.)
111. PRIVATE ADMINISTRATION AND MAINTENANCE
Requiring operation and maintenance of open space by homeowners associations (HOA) as a
condition of subdivision approval is the most common form of ensuring pubic easements or
trails while minimizing open space acquisition and liability costs. This type of open space should primarily benefit the homeowners association membership. If the private
open space is not maintained at city standards, the city can use a nuisance abatement ordinance to require compliance from the HOA.
Most cities rely on the subdivision approval process to ensure that land designated as
open space remains in open space. The land is generally zoned as open space and is
designated for that use on the General Plan Land Use Map. The City of Mill Valley also
formally retires the development rights to the open space parcel and sets the area aside
in perpetuity. The City accomplishes this objective by requiring the HOA to grant the
development rights to the City. All restrictions on land use associated with the parcel
are then recorded as a note on the subdivision map. The public access rights are also
recorded.
111. REGIONAL-LEVEL ADMINISTRATION
The two major regional-level groups which may buy, maintain, assume liability for and
administer large scale, relatively passive open space areas are regional park and
recreation districts and land trusts. Regional park and recreation districts often take
the place of county-run open space departments and administer large areas which supply
the need for parkland of regional character, large natural preserves, and/or resource
conservation. The regional authority staff coordinates with city planning department
staff to design trail alignments and negotiate land purchases and transfers involving
incorporated land. The primary source of revenue for regional open space districts is
usually a property tax.
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The Solano Farmlands and Open Space Foundation is an example of a land trust. The need
to protect farmland threatened by urbanization in the vicinity of the City of Fairfield
and provide an open space greenbelt around the City led to the establishment of the
Foundation in 1984. The City Council set up a Mello-Roos district to provide basic
financing for the Foundation. The city does not intervene with the management of the
Foundation except to require a written notice of any purchase proposed by the Foundation
which the City Council has the right to veto within 15 days. Additional financing has
been acquired through grants and contracts with other jurisdictions.
The Foundation generally acquires farmland, retires its development rights and then
sells the land to people who want to farm but cannot afford the market price for a piece
of land. The Foundation has also bought marsh land which will probably be leased to the
California Department of Fish and Game to manage. The Foundation has benefitted the
City by helping to establish a permanent open space buffer, by assuming the liability of
open space areas, holding mitigation lands, and conducting negotiations for lands within
and in the vicinity of the City.
ISSUES TO BE ADDRESSED BY CITIZENS COMMITTEE
For any type of open space, important questions include who will be the major user, to
what level will it be developed, who will benefit from the area, how will the city
retain a measure of control over maintenance and future use of privately held open
space, and are proposed open space areas of a regional scale easily administered within
the City’s current system? If the City of Carlsbad wishes to protect and acquire more
open space areas such as farmland, greenbelt buffer areas, wetlands, or scenic areas,
would the establishment of a land trust suit this purpose?
IV.
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I SECTION V
8- COMMIVEE MINUTES
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TABLE OF CONTENTS
PAGE
Minutes Dated:
B- 1 December 14, 1988 ...
January 11, 1989 ... B- 4
January 25, 1989 ... B- 8
February 8, 1989 ... B- 12 1 February 22, 1989 ... B- 16
B- 20
a
m March 8, 1989 ...
March 22, 1989 ... B- 23 I April I, I989 ... B- 28
B- 33 April 12, 1989.. .
April 26, 1989 ... B- 37 I May 1, 1989 ... B- 41
B- 48
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May 10, 7989 ...
May 75, 1989 ... B- 53
B- 58 May 22, 1 989.. .
July 17, 1989 ... B- 61
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8 MINUTES
Meeting of: Citizen's Committee to Study Open Spac Time of Meeting: 6:OO p.m. Date of Meeting: December 14, 1988 Place of Meeting: Carlsbad Safety & Service Center
1. CALL TO ORDER
The meeting was called to order at 6:11 p.m. by Michael Holzmiller, Planning Director. The following members and staff were present:
Members: Carman Cedola Staff: Michael Holzmil Tom Freeman Raymond Patchet Courtney Heineman Charles Grimm Homer B. Hupf Philip Carter S, Elaine Lyttleton Martin Orenyak Kip K. McBane Michael Howes Julianne Nygaard Bobbie Hoder Kathy Parker Alan Recce Consultants: Fay 0. Round, Jr. Wallace Roberts & 'Todd Margaret Stanton Cathy Garcia Cindy Ward Carl Brookwood Patricia M. White Robert E. Wilkinson Economic Research Assoc Bill Anderson Alternate Members: Girard W. (Lefty) Anear Mario B Monroy
Absent: Stephen M. Novak
2. INTRODUCTIONS
Members of the task force introduced themselves and gave a brief biographical sketch of their background and interest in open space.
3. ELECTION OF CHAIRMAN & VICE-CHAIRMAN
The names of Kip McBane and Elaine Lyttleton were nominate for the position of Chairman. The names of Fay Round and Courtney Heineman were nominated for the position of Vice-chairman.
B-1
December 14, 388 CITIZEN'S OPEN SPACl OMMITTEE Page 2
Motion was duly made, seconded, and carried to keep the
nominations open until the next meeting at which time the vote would be taken.
Homer Hupf requested clarification on how the election would be conducted. Michael Holzmiller replied that it would be by majority vote.
Julianne Nygaard suggested that nominees provide a written biographical sketch to be inc:Luded with the packets for the next meeting.
Courtney Heineman recommended that voting be conducted by secret ballot. Motion was duly made, seconded, and carried in favor of a secret ballot.
4. DISTRIBUTION AND EXPLANATION OF COMMITTEE WORKBOOK
Michael HoPzmi%ler reviewed the Committee Workbook and gave an explanation of each section. He requested members to review the Committee procedures which will be voted on at the next meeting.
Kip McBane inquired if staff is preparing a copy of the revised Open Space Plan and changes since its inception in 1974. Michael Holzmiller replied that staff is currently preparing this original copy with revis.ions noted in the margin area.
Courtney Heinernan inquired if the Committee automatically terminates in April 1989. Michael Holzmiller replied that the interim ordinance states August 1989 or until an open
space report is completed.
Kip McBane would like to see the existing and proposed revisions to the Parks & Recreation and Land Use ordinances provided.
ordinances of some other cities such as Laguna Beach, Rolling Mills, Santa Barbara, Santa Cruz, Palo Alto, and Mill Valley.
Kip McBane suggested that a library of documents be
available for checkout by members rather than making copies for everyone.
5. SCHEDULE FOR FUTURE MEETINGS
The schedule and time of future meetings was discussed. The least conflict would be the 2nd and 4th Wednesdays.
Motion was duly made, seconded, and carried to have meetings on the 2nd and 4th Wednesdays to begin at 5:30 p.m. and end no later than 8:30 p.m.
He would also like to see the open space
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II December 14, 388 CITIZEN'S OPEN SPAC: 'OMMITTEE p ag
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Elaine Lyttleton advised that she has a conflict on January 14, 1989 and requested a schedule change to January 21st. Motion was duly made, seconded, and carried to change the January 14, 1989 meeting to January 21, 1989 1
6. OTHER MISCELLANEOUS PROCEDURAL ITEMS
The method for picking up meeting packets was discussed. The packets will be available on the 1st and 3rd Wednesday from 8:OO a.m. to 5:OO p.m. at the Community Development Department on Las Palmas Drive or the City Manager's offic Members will notify Bobbie Hoder as to where they wish the packet to be available.
Kip McBane would like to have a proposal on utilizing alternates, should a member replacement be necessary.
Fay Round suggested that all members of the Committee provide a written biographical sketch for inclusion in the next meeting packet but a motion was not made.
Michael Holzmiller announced that staff members Holzmiller Grimm, and Howes may be contacted for clarification of information contained in reports and that Bobbie Hoder may be contacted for administrative questions.
Michael Holzmiller advised members that contact with the consultants should be made only through staff. Requests f
information should go through the Chairman or Vice-Chairma of the Committee after the election. He added that suppor will also be available from the City Manager, the City Attorney, and the Community Development Department, representatives of which will attend the Committee meeting if needed.
7. ADJOURNMENT I The meeting was adjourned at 7:OO p.m.
Respectfully submitted,
I &&E- Minutes Clerk
B-3
MINUTES
Meeting of: Citizecss Committee to Study Open Space Time of Meeting: 5:30 p.m. Date of Meeting: January ll,, 1989
Place of Meeting: Carlsbad Safety & Service Center
CALL TO ORDER
The meeting was called to order at 5:30 ]p.m. by Michael Holzmiller, Planning Director. staff were present:
Members: Tom Freeman Staff: Michael Holzmiller
The following members and
Courtney Heineman Raymond Patchett Homer B. Hupf Charles Grim S. Elaine Lyttleton Martin Orenyak Kip K. McBane Michael Howes Stephen M. Novak Bobbie Hoder Julianne Nygaard Brian Hunter Kathy Parker Erin Letsch Alan Recce Fay 0. Round, Jr. Consultants:
Margaret Stanton Cindy Ward Paul Rookwood
Patricia M. White Robert E. Wilkinson
Wallace Roberts & Todd (WR!
Alternate Members: Girard W. (Lefty) Anear Mario R. Monroy
Absent: Carman Cedola
1. COMMENTS FROM THE AUDIENCE
Dennis Meehan addressed the meeting and requested that Kip McBane remove his name from nomination for Chairman due to his intentions of candidacy for the City Council.
2. APPROVAL OF MINUTES
Fay Round requested clarification of paragraph two on page 2 regarding the method of majority vote. Holzmiller replied that the nominees would be voted on in order of nomination and would require a majority vote of the committee to be elected, i.e. since the committee has 15 members, eight votes is a majority. a majority on the first ballot, nominations would be reopened and another vote wou:Ld be taken.
(a)
Mr.
If no nominee receives
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I January 11, l! ' CITIZEN'S OPEN SPACE MMITTEE Page
(b) Courtney Heineman inquired about the secret ballo and Mr. Holzmiller referred to the staff memo dated January 3, 1989 which states that the Committee is subject to the Brown Act and a city ordinance on public meeting rules which prohibits the use of a secret ballot.
(c) paragraph two, to delete "...revised Open Space Plan and changes since its inception in 1974'' and replace it with "...existing open space element interlined with all changes
and deletions proposed in the September 7, 1988 draft."
Motion was duly made, seconded, and carried (13-0-1) to
approve the minutes of December 14, 1988 as amended. Stephen M. Novak abstained.
on the minutes match those on the agenda, and that the minutes reflect the number of votes in favor and against an motion.
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Kip McBane requested a revision to Item #4,
(dl Kip McBane requested that in the future, numbers
3. ELECTION OF CHAIRMAN & VICE-CHAIRMAN
(a) Mr. Holzmiller reviewed the slate of nominees for the office of Chairman and called for additional nominations. The name of Fay Round was placed in nominatic for the office of Chairman. The nominees for Chairman were as follows:
Chairman: Kip McBane
Elaine Lyttleton Fay Round
Motion was duly made, seconded, and unanimously carried
(14-0) to close the nominations for the office of Chairman,
Mr. Holzmiller called for the vote for the first nominee, Mr. Kip McBane. favor, which was a majority, and was therefore declared to be the Chairman.
(b) Mr. Holzmiller reviewed the slate of nominees foi the office of Vice Chairman and called for additional nominations. The nominees for Vice Chairman were as follows :
Mr. McBane received eight votes in his
Vice Chairman: Fay Round I Courtney Heineman
Motion was duly made, seconded, and unanimously carried (14-0) to close the nominations for the office of Vice Chairman.
B-5
January 11, l! CITIZEN'S OPEN SPACE NMITTEE Page 3
When the vote was called, each nominee received seven votes in their favor.
Motion was duly made, seconded,, and carried (12-2) to leave the nominations open for the office of Vice Chairman.
(6) The meeting was turned over to Chairman McBane.
4. ADOPTION OF PROCEDURES
Chairman McBane called for changes to the procedures, outlined in the Committee notebook- were made and/or changes suggested:
as The following comments
(a) Item #3 - Revise the time of the meetings from
Item #7 - Revise the second sentence to read,
5:30 p.m. to 8:30 p.m.
"Requests to place items on the agenda wlhich require additional work by staff shall be approved by a majority vote of the Committeeo''
Add another sentence to read, "Agenda items shall be submitted to the Chairman no later than noon on the Monday nine days prior to the meeting."
Motion was duly made, seconded, and carried (13-1) approve the above changes to Item #7 of the procedures.
"Committee members will be not be allowed to individually request new information from staff or consultants-"
Revise the second sentence to read, "Individual requests for new information should be made through the Chairman or Vice-chairman and approved by a majority vote of the Committee e 'I
Motion was duly made, seconded, and unanimously carried
(14-0) to approve the above changes to Item #8 of the procedures.
prepares the summary report and why, Michael Holzmiller replied that after each meeting staff prepares a summary report on Committee actions which is then submitted to the City Council, to keep them advised of current actions.
Chairman McBane requested that. the staff summary reports be provided to Committee members.
Item #11 - In response to a question regarding attendance at the Committee meetings by members of the City
Council, Michael Holzmiller replied that: Council Members
(b)
to
(c) Item #8 - Revise the first sentence to read,
(dl Item #9 - In response to a question regarding who
(e)
B-6
I January 11, l! I CITIZEN'S OPEN SPACE YMITTEE Page
Pettine and Larson have been appointed by the Mayor to attend the Committee meetings and report back to the Council.
"...prepare a final report which may include minority reports as submitted."
Motion was duly made, seconded, and carried (13-1) to approve the above change to Item #13 of the procedures.
Add Item #16 - "The Committee shall be kept advised by staff, in a timely manner, of all meetings planned or program changes which affect open space or open space standards in the city."
Motion was duly made, seconded, and unanimously carried (14-0) to add Item ji16 to the procedures.
5. STAFF PRESENTATION
The meeting recessed at 6:22 p.m. and reconvened at 6:32 p.m. while staff prepared the room for the slide presentation which followed. presented is included with these minutes.
Michael Holzmiller, Planning Director, presented the background and focused on the definition of open space.
Charles Grimm, Assistant Planning Director, presented a comprehensive overview of the existing plans and programs affecting open space.
The third and final part of the staff presentation will be by bus tour on Saturday, January 21, 1989. Mr. Holzmiller requested Committee members to hold questions until after the bus tour.
6, ADJOURNMENT
The staff presentation ended at 7:26 p.m. and the meeting was adjourned to Saturday, January 21, 1989.
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(f) Item #13 - Revise the first sentence to read,
(9)
A list of of the slides
I Respectfully submitted,
BETTY BUCEWER Minutes Clerk
B-7
MINUTES
Meeting of: Time of Meeting: 5:30 p.m. Date of Meeting: January 25, 1989
Place of Meeting:
Citizen's Committee to Study Open Space
Carlsbad Safety & Service Center
1. CALL TO ORDER
The meeting was called to order at 5:40 p,m. by Chairman McBane. The following members and staff were present:
Members: Carman Cedola Staff: Michael Holzmiller
Tom Freeman Charles Grim Courtney Heineman Michael Howes Homer B. Hupf Bobbie Hoder
S. Elaine Lyttleton Kip K. McBane Stephen M. Novak Julianne Nygaard (left at 7:1!5 p.m.) Kathy Parker Fay 0. Round, Jr. Margaret Stanton Consultants :
Cindy Ward Patricia M. White Kathy Garcia Robert E. Wilkinson Paul Rookwood
WalLace Roberts & Todd (WE
Alternate
Members: Girard W. (Lefty) Anear Mario R. Monroy
Absent: Alan Recce
2. COMMENTS FROM THE AUDIENCE
There were no comments from t:he audience-
3. APPROVAL OF MINUTES AND ,ADOPTED PROCEDURES
(a) Minutes of January 11, 1989
Chairman McBane requested a correction to the minutes on page 3, item 4 (c) to read "...individually request new information from. e .s'c
Elaine Lyttleton requested another copy of the list of slides which were referenced in the minutes.
Motion was duly made, seconded, and unanimously carried
(13-0-1) to approve the minutes as corrected.
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1 January 25, : :9 CITIZEN'S OPEN SPACE 3MMITTEE Pagc
(b) Procedures 1
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Carman Cedola noted that item 7 of the procedures did not reflect the change made in the last minutes regarding placement of items on the agenda, i.e. "Agenda items shall be submitted to the Chairman no later than noon on the Monday nine days prior to the meeting."
Motion was duly made, seconded, and unanimously carried (13-0-1) to approve the procedures as corrected.
4. ELECTION OF VICE CHAIR
Chairman McBane reviewed the slate of nominees for the office of Vice Chair and called for additional nominations The name of Homer Hupf was placed in nomination for the office of Vice Chair. The nominees for Vice Chair were as
follows :
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Homer Hupf Courtney Heineman Fay Round
Motion was duly made, seconded, and unanimously carried (14-0) to close the nominations for the office of Vice Chairman.
A ballot was taken and the votes received were Hupf (l),
Heineman (61, Round (7). Since it requires 8 votes to ele the Vice Chair, the ballot was inconclusive.
Homer Hupf requested to remove his name from nomination.
A second ballot was taken and the votes received were Heineman (7), Round (7) which was still inconclusive.
Mr. Holzmiller reviewed the options:
present to take another ballot.
Chair.
(a) Wait until all members of the Committee are
(b) Let the two nominees share the office of Vice
(c) Let the City Council select the Vice Chairman.
Courtney Heineman advised the Committee that he would be
willing to share responsibilities; Fay Round concurred th he would also be willing to share responsibilities.
Motion was duly made, seconded, and dy'%6&h@ZP carried
(13-1) that the office of Vice Chair would be shared equal by Committee members Heineman and Round.
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January 25, : :9 CITIZEN'S OPEN SPACE (>MISITTEE Page 3
5.
Chairman McBane noted that several of the Committee members had questions regarding the presentation at the last meeting
and the tour which took place on January 21st. Staff responded to various questions concerning open space, including:
DISCUSSION ON STAFF PRESENTATION AND TOUR
(a)
(b)
(c) Environmental constraints
(d) Scale and uses of the open space map
(e)
How changes are made to the General Plan
The 15% open space requirement (and exemptions) of Growth Management
Consistency of various City ordinances which
Pedestrian uses of utility/railroad easements
Natural open space versus recreational open space
Open space setbacksjbuffers in PC zones
Chairman McBane noted that the open space conceptual map was missing from the open space plan which was provided to Committee members. Mr. Holzmiller repllied that Committee members were supposed to get a copy of the existing open space element which includes the map which was inadvertently omitted.
affect open space
(f)
(9)
(h)
It will be mailed to the Committee tomorrow.
6.
Mr. Holzmiller discussed the proposed work plan and requested input from Committee members regarding future agenda items.
DISCUSSION ON WOFX PLAN UND FUTURE AGENDA ITEMS
The agenda items suggested were:
(a) Definitions and uses of open space
(b) Preciseness of the open space map
(c) Financing options
(dl standard
(e) Density transfer/clustering
(f)
Types of open space used to meet performance
Procedure for amending, modifying, and changing the open space map
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I January 25, : :9 CITIZEN'S OPEN SPACE OMMITTEE Pagl
(9) Maintenance, liability, and responsibility for
(h) Administration of open space--monitoring,
(i) Input on open space from the general public
(j) Consistency with other City ordinances, standard
(k) Comparison of Carlsbad with other cities
open space areas
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enforcement I
plans
The work product of the Committee will be a report on open space, including a critique of the updated open space element.
7. ADJOURNMENT
The meeting was adjourned at 8:02 p.m.
Respectfully submitted, I *dLUJL4% 2
BET BUCKNER I Minute5 Clerk
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MINUTES
Meeting of:
Bate of Meeting: February 8, 1989
Place of Meeting:
Citizen's Committee to Study Open Space Time of Meeting: 5:30 p.m.
Carlsbad Safety & Service Center
1. CALL TO ORDER
The meeting was called to order at 5:42 p,m. by Chairman McBane. The foPlowhg members and staff were present:
Members: Carman Cedola Staff : Michael Holzmiller (arrived at 6:00 p.m.) Raymond Patchett
Charles Grim Courtney Heineman Martin Orenyak Homer Be Hupf Michael Howes
S. Elaine Eyttleton Bobbie Woder Kip K. McBane Brian Hunter
Stephen M. Novak Julianne Nygaard
Kathy Parker Alan Recce Kathy Garcia Fay 0. Round, Jr. Paul Rookwood
Margaret Stanton Cindy Ward Patricia M. White Robert E. Wilkinson
(left at 7:50 p.m.) Consultants :
Wallace Roberts & Todd (WR
Alternate Members: Girard W. (Lefty) Anear Mario I?. Monroy
Absent Tom Freeman
2. COMMENTS FROM THE AUDIENCE
There were no comments from the audience or Committee alternates.
Chairman McBane reminded Committee members that packets are available after 3:30 p.m. on the Wednesday before the scheduled meeting. Questions on the packets should be directed to Bobbie Hoder.
Chairman McBane also noted that Committee member Julianne Nygaard must leave the meetings early in order to attend School Board meetings. In order for her to be present for
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I February 8, 39 CITIZEN'S OPEN SPACE: OMMITTEE Pag
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the staff presentations, he suggested a procedural change move audience comments to the end of the meetings.
Motion was duly made, seconded, and unanimously carried
(13-0) to move the audience comments to end of the agenda.
3. APPROVAL OF MINUTES
Homer Hupf requested a correction to the minutes of Januar 25, 1989 on page 2, last paragraph, to remove the word 'unanimously' from the motion.
Motion was duly made, seconded, and carried (12-0-1) to approve the minutes of January 25, 1989 as corrected. Alan Recce abstained.
4. APPROVAL OF DRAFT WORK PLAN
Michael Holzmiller, Planning Director, reviewed the draft
work plan through April 26, 1989. At the next meeting on February 22nd he noted that the consultants would be makin a presentation showing comparison between Carlsbad and 0th cities.
Carman Cedola noted that the definition issue needs to be resolved before the consistency with other cities' ordinances can be determined.
Motion was duly made, seconded, and unanimously carried (14-0) to request staff to prepare a narrative report for the February 22nd meeting outlining Carlsbad's definition open space and the definitions of open space by other cities, which would also include a matrix comparison of op space between the various cities.
After reviewing the draft work plan, it was determined tha two additional meetings of the Committee will be needed on April 26th (to review final recommendations) and May 16th (to approve the final report).
Motion was duly made, seconded, and unanimously carried (14-0) that the Committee adopt the draft work plan as presented and establish as its final deadline the third Wednesday in May to complete its work and recommendations the City Council.
The possible use of a Saturday morning for the public inpu workshop was discussed. It was suggested that this would make the March 22nd meeting available for overflow items since the projected workload is quite heavy and there may not be time to cover all subjects as they have been
scheduled.
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February 8, . I9 CITIZEN'S OPEN SPACE OMMITTEE Page 3
Motion wad duly made, seconded, and unanimously carried (14-0) to direct staff to find a Saturday morning to hold a public workshop.
5. UPDATED OPEN SPACE AND CONSERVATION ELEMENT
Mike Howes, Principal Planner,, showed a slide presentation
of open space areas that could not be visited during the
recent bus trip. The slides shown were of the following
areas :
(a) San Marcos Canyon (b) Calavera Hills (c) Lake Calavera (d) Squires Dam (e) Dawson Los Monos Reserve (f) Sunny Creek (9) Carrillo Ranch (h) ATbcSF easements
Michael Holzmiller, Planning Director, reviewed the role of the General Plan (which is required by California law) and the three level process which provides planning consistency throughout the city.
Charles Grim, Assistant Planning Director, reviewed the process of how the General Plan is updated, ice. public hearings, Planning Commission, and City Council actions,
After the staff presentation, the following items were discussed:
(i) School properties which are counted as open space
(j) Beach areas
(k) Systematic trail systems
(1) Environmentally sensitive areas
(m) Undevelopable land
RECESS
The Committee recessed at 7:15 p.m. and reconvened at 7:25 p.m.
6. 15% GROWTH MANAGEMENT OPEN SPACE
Mr. Holzmiller reviewed the requirements for open space in the growth management program. discussed: The following items were
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1 February 8, : 19 CITIZEN'S OPEN SPACE 3MMITTEE Pagc
(a) The types of open space which make up the 15%
The procedure for applying density credit to the
performance standard.
15% performance standard.
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(b)
(c) The use of clustering and density transfer. i
7. ADJOURNMENT
The meeting was adjourned at 8:29 p.m.
Respectfully submitted,
BETTY M. BUCKNER
Minutes Clerk
B-15
MINLTTES
Meeting of: Time of Meeting: 5:30 p.m. Date of Meeting: February 22, 1989
Place of Meeting:
Citizenes Committee to Study Open Space
Carlsbad Safety & Service Center
1. CALL TO ORDER
The meeting was called to order at 5:47 p.m. by Chairman McBane.
Members: Carman Cedola Staff: Michael Holzmiller
The following members and staff were present:
Tom Freeman Raymond Patchett Courtney Heineman Charles Grimm Homer B. Hugf Martin Orenyak So Elaine Lyttleton Michael Howes Kip K. McBane Bobbie Hoder Stephen M. Novak .Erin Letsch Julianne Nygaard Kathy Parker Consultants:
Alan Recce Fay 0, Round, Jr. Margaret Stanton Paul Rookwood
(arrived 5:50 p.m.) Cindy Ward Economic Research Assoc. ( (arrived 5:52 p.m.) Bill Anderson
Patricia M. White Robert E. Wilkinson
Wallace Roberts b Todd (WR
Kathy Garcia
Alternate Members: Mario R. Monrsy
Absent: Girard We (Lefty) Ariear
2. APPROVAL OF MINUTES
Motion was duly made, seconded, and carried (12-0-1) to approve the minutes of February 8, 1989. Tom Freeman abstained.
Motion was duly made, secondedp and carried (13-1-0) to approved the Revised Work Plan dated February 22, 1989, Homer Hupf opposed.
3. COMPARATIVE STUDIES PRESENTATION
Paul Rookwood, a consultant with Wallace, Roberts & Todd, gave a presentation on comparative studies between Carlsbad
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I February 22, 89 CITIZEN'S OPEN SPACE 3MMITTEE Page
and 14 selected cities between San Diego to San Francisco which had a divergence of characteristics. He noted that there was a great deal of similarity in the planning endeavors of the various cities. Some highlights of his presentation were:
(a) Consistency Requirement; open Space Definitions He reviewed the origin of the mandatory open space element,
the legislative definition of open space, and the fourfold definition of open space adopted by the City of Carlsbad as found in Municipal Code Ordinance No. 9838.
"taking clause" of the Fifth Amendment to the U. S. Constitution poses a significant restraint on the regulatic of land use. He reviewed the concept of "taking" which
dates back to medieval England, and stated that the critics distinction lies between a "valid" regulation of the use of land and a lvtakingll that requires compensation. He noted B recent judicial decision involving the Lutheran Church whic supports paying compensation for the temporary loss of property rights.
open Space Systems - He reviewed a comparative studies matrix (Figure 2) which summarized the kinds of
ordinance and open space policies which the different citic have adopted. Mr. Rookwood noted that the percentage of open space was difficult to obtain because the drawing of municipal boundaries has, in some cases, included extensivc natural and undevelopable areas within a city boundary whereas other similar areas are defined as unincorporated county land. He reviewed the open space priorities matrix (Figure 3) and noted that environmental conservation and recreation appear to be the principle focus of most cities.
Rookwood noted that the City of Carlsbad is already employing the majority of open space planning mechanisms appropriate to its characteristics. strategies which are not currently being used and have operated successfully in other cities:
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(b) Legal Protection - Mr. Rookwood stated that the
(c)
(d) Opportunities for the City of Carlsbad - Mr.
He reviewed four
. Regional Open Space or Park District . Open Space Trusts . Trail Systems . Greenbelts I 4. ACQUISITION AND FINANCING PRESENTATION
Bill Anderson, a consultant with Economics Research Associates, gave a presentation on methods of acquisition and funding. Some highlights of his presentation were:
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February 22, 89 CITIZEN'S OPEN SPACE 3MMITTEE Page 3
(a) Methods of Acquiring[ open Space - Mr. Anderson cited nine methods of acquiring open space, defined each method, and discussed how and why it is used.
Development Agreements . Incentive Zoning
Transfer of Development Rights Land Trusts/Conservancy
* Special District or Authority
Williamson Act . General Plan and Zoning
Private Provision
e Outright Acquisition
(b) Financing Techniques - Mr. Anderson reviewed 16 financing techniques which are available to the City to finance open space.
General Obligation Bonds Limited Obligation Bonds
Quimby Act Impact Fees Public Facilities Fees Tax Increment Financing . Sales and Use Tax Increment
Mello-Roos Community Facilities Districts Revenue Bonds . Certificates of Participation
Benefit Assessment ]District User Fees Concessions Other Tax Revenue Private Grants or Donations State Grants
. Senior Obligation Bonds
. .
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A question and answer period followed the presentations.
Motion was duly madep seconded, and unanimously carried
(15-0-0) to request staff to present information on how and why the trail system which had originally been proposed for Carlsbad had been dropped and what could be done to revive it.
Motion was duly made, secondedp and unanimously carried
(15-0-0) to request more information on the remaining strategies not being utilized by Carlsb'ad at present (Regional Open Space/Park Districts, Open Space Trusts, and Greenbelts) and a tentative recommendation on the methods of implementation.
5. COMMENTS FROM THE AUDIENCE
There were no comments from the audience or Committee alternates.
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I February 22, '89 CITIZEN'S OPEN SPACE 3MMITTEE Page
Chairman McBane stated that four articles concerning open
space had been given to him and they would be supplied to members in their next packet.
Future agendas were discussed. Kathryn Dougherty of the Arboretum Foundation requested permission to make a ten minute visual presentation on the proposed bird sanctuary for Carrillo Ranch. After discussion, it was determined that this presentation could be made during the public fori which is being planned for April 1st in the City Council Chambers.
Mike Howes, Principal Planner, reported that he had receivt requests for another tour for those who were unable to participate in the first tour. tentatively proposed for Saturday, March 4th. interested should contact Mike Howes.
Homer Hupf recommended that a committee be selected to begj the outline in preparation of the report which will be submitted to the City Council. After discussion, it was determined that staff will create a one page outline which will then be reviewed by the Committee Chairman and two Vi(
Chairs at a meeting on Friday, March loth, at 1:00 p.m.
6. ADJOURNMENT
The meeting was adjourned at 7:44 p.m.
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The makeup tour was
Those
Respectfully submitted,
BETTY M. BUCKNER
Minutes Clerk
B-19
MINUTES CORRECTED
Meeting of: Citizen's Committee to Study Open Space Time of Meeting: 5:30 p.m. Date of Meeting: March 8, 1989
Place of Meeting: CarPsbad Safety & Service Center
1. CALL TO ORDER
The meeting was called to order at 5:37 p.m. by Chairman McBane. The following members and staff were present:
Members: Carman Cedola Staff : Michael Holzmil Tom Freeman Charles Grim Courtney Heineman Keith Beverly Homer Be Hupf Michael Howes
S. Elaine Lyttleton Bobbie Hoder
Kip K. McBane Stephen M, Novak Consultants:
Julianne Nygaard Paul Rookwood
Kathy Parker Alan Recce Fay 0. Round, Jr. Margaret Stanton Cindy Ward
Patricia M. White Robert E. WiPkinson
(arrived 5:50 p.m.) Wallace Roberts & Todd
(left at 8:lQ p.m.)
(arrived 6: 20 p.m. )
Alternate
Members: Girard We (Lefty) Anear
Absent: Mario R. Monroy
2. APPROVAL OF MINUTES
Motion was duly made, seconded, and carried (13-0-0) to approve the minutes of February 22, 1988 as presented.
3. PROCEDURAL MATTERS
After discussion, motion was duly made, seconded, and carried (12-0-2) to change the starting time of the meeting
to 6:OO p.m. (Kip McBane and Elaine Lyttleton abstained.)
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March 8, 1989 CITIZEN'S OPEN SPACE ClOMMITTEE Pagc I
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4. AGRICULTURAL PRESENTATION
Gary Wayne, Principal Planner, gave a in-depth presentatio on agricultural programs and fees and how they affect open space policies. He defined Carlsbad's agricultural policies, goals, and implementation programs and gave an historical perspective of the Coastal Zone policies and ho they apply to Carlsbad, He covered:
Agua Hedionda LCP Mello I and I1 LCP's East and West Batiquitos LCP's Williamson Act (Ecke property)
. . . I 5. OPEN SPACE ADMINISTRATION PRESENTATION
Keith Beverly, Parks and Recreation Management Analyst, ga' a presentation on the administration of open space within the City of Carlsbad. He reviewed the current/previous performance standards for parks and the 1982 Parks and Recreation element which changed the park philosophy in favor of community parks. currently under revision including an updated Parks and Recreation inventory.
He reviewed the operating, maintenance, and liability cost and several maintenance questions were raised by Committee members.
Motion was duly made, seconded, and carried (15-0-0) that the consultants provide a range of alternatives, with illustrations, of those cities in which parks/open space/recreation administration is in a different chain of command than parks/open space/real estate acquisition, administration, and maintenance; if the policy has change within the last five years; and why the change was made.
Due to the lateness of the hour, the presentation and discussion regarding open space enforcement was deferred t the next meeting. I 6. TRAIL SYSTEM PRESENTATION
He stated that the element is
Due to the lateness of the hour, the presentation and discussion regarding trail systems was deferred to the nex meeting.
7. CHAIRMAN'S REPORT ON WORK ITEMS
Chairman McBane announced that he and the two Vice Chairs
would be meeting with staff on Friday, March loth,
2:30 p.m. to begin working on the report outline. at 1
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-_-- --- - I- &...I--. - ----. -----_- _________
Michael Holzmiller, Planning Director, announced that
preparations were underway for the pub1:ic meeting to be held in the Council Chambers on Saturday morning, April 1st.
8. COMMENTS FROM THE AUDIENCE
There were no comments from the audience.
Lefty Anear, Alternate Committee Member, addressed the Committee and stated that both he and Mr. Monroy are very knowledgeable on many of the items being presented and feels that they should be able to participate in the discussion process of the meetings. unable to vote.
Motion was duly made, seconded, and carried (14-0-0) to add the subject of Alternate CommYLttee Member participation to the next agenda.
9. ADJOURNMENT
The meeting was adjourned at 8:f7 p.m,
He realizes that they would be
Respectfully submitted,
BETTJ M. BUCKNER Minutes Clerk
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MINUTES REVISED
Meeting of: Time of Meeting: 6:OO p.m. Date of Meeting: March 22, 1989
Place of Meeting: Carlsbad Safety & Service Center
Citizen's Committee to Study Open Spac
1. CALL TO ORDER
The meeting was called to order at 6:02 p.m. by Chairman
McBane. The following members and staff were present:
Members: Carman Cedola Staff: Michael Holz Tom Freeman Raymond Patc Courtney Heineman Charles Grim Homer B, Hupf Martin Oreny S. Elaine Lyttleton Keith Beverl Kip K. McBane Michael Howe Stephen M. Novak Bobbie Hoder (arrived 6:14 p.m.) Dave Bradstr
Julianne Nygaard (left at 8:15 p.m.) Consultants: Kathy Parker Economic Research As Alan Recce Bill Andersc
Fay 0. Round, Jr, Margaret Stanton Cindy Ward Patricia M. White Robert E. Wilkinson
Alternate Members: Girard W. (Lefty) Anear Mario R. Monroy
Chairman McBane noted for the record that the meeting ager
stating the start time of the meeting at 5:30 p.m. was in error and had been revised,
2- APPROVAL OF MINUTES
The motion in item 5, page 2, of the minutes dated March E
1989 was corrected to iBB/$~dt$/~dtr~f$B/~~~B$~ read as follows: ",..in which parks/open space/recreation administration is in a different chain of command than
parks/open space/real estate acquisition...".
Motion was duly made, seconded, and unanimously carried (14-0-0) to approve the minutes of March 8, 1989 as amendt
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March 22, 19 CITIZEN'S OPEN SPACI OMMITTEE Page 2
3. PROCEDURAL MATTERS
The subject of allowing alternate members to participate in the committee dialogue was discussed.
Motion was duly made, seconded, and carried (8-6-0) to include alternates as ex-officio members of the committee.
Chairman McBane suggested that a one-page action record be produced by staff to briefly indicate actions taken at committee meetings which will ultimately affect preparation of the final report to the City Council.
Motion was duly made, seconded, and carried (14-0-1) to direct staff to maintain a concise summary action record for use in the preparation of the final report.
4. ENFORCEMENT OF OPEN SPACE PRESENTATION
Charles Grim, Assistant Planning Director, gave a presentation on staff concerns about the enforcement and monitoring of conditions which are placed on development projects having to do with the protection of open space resources. It has been estimated that there is an 82% non-compliance factor throughout the state; however, he believes that Carlsbad has only about a 20% non-compliance factore Carlsbad has recently implemented several new procedures which require field inspections at various phases of project development in order to ensure that open space is being protected. Some of the enforcement problems cited were:
0 Parking infringment into open space areas
e Illegal grading
After discussion, Homer Hupf requested an agenda item to discuss the possibility of an Open Space & Conservation
Commission which would give t'he citizens of Carlsbad an opportunity to assist in the enforcement of open space.
The pros and cons of publicly-owned vs. privately-owned open space was discussed.
Motion was duly made, seconded, and carried (15-0-0) to
recommend that the existing City policy of encouraging a combination of both public and private open space be continued and that it is not necessary for open space to be entirely provided by the public sector.
After discussion, Chairman MclBane requested an agenda item to discuss the subject of open space maintenance districts.
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I March 22, 19 CITIZEN’S OPEN SPACI lOMMITTEE Pagc
5. TRAIL SYSTEM PRESENTATION
Michael Holzmiller, Planning Director, reviewed the
background on the citywide, interconnecting trail system envisioned prior to 1982. He stated that staff would need to do some extensive review and field work to determine if private development has precluded the possibility of complete linkage. A slide presentation was shown of two cities (Valencia and Poway) which have citywide interconnecting trail systems.
At the conclusion of the slide presentation, Mr. Holzmille cited several staff ‘observations:
It may be necessary to use existing sidewalks at certain locations in order to provide complete
linkage.
The trails would probably have to be publicly dedicated and maintained by the City in order to
ensure common improvement and maintenance and to guarantee use by the general public.
A system focusing on equestrian use would probab not be feasible, given the development patterns which have occurred in the City.
If the committee desires to pursue the citywide, interconnecting trail system, staff recommends that an in depth evaluation be done to include dedication requirements, physical constraints, improvements, and an estimate of maintenance costs.
Separate trail systems within individual, undeveloped communities is possible, if desired, which could be retained in private ownership and maintenance.
Goals and policies could be added to the updated Open Space Element to require future Master Plan to address interconnecting trails.
Mike Howes, Principal Planner, showed a conceptual plan of proposed trail system in La Costa.
After discussion, motion was duly made, seconded, and unanimously carried (15-0-0) that the Committee, in its final report, include a recommendation that the City Counc direct staff to conduct an in depth study (to be completed no later than year end 1989) on the feasibility of a publicly accessible, primarily pedestrian (with bicycle us where feasible), citywide, interconnecting trail system OL
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March 22, 19 CITIZEN'S OPEN SPACI lOMMITTEE Page 1
as extensive a system as is possible if an interconnecting system is not possible.
Motion was duly made, seconded, and unanimously carried (14-0-0) that when studying the trail system, staff include all possible linkages throughout the City; that the natural trail system be linked to other trail systems (using public sidewalks and walkways, if necessary) to create continuity wherever possible.
Motion was duly made, seconded, and unanimously carried (14-0-0) that the Committee strongly endorse the concept of a citywide, interconnecting trail system, subject to the results of a study in furtherance of that idea.
Motion was duly made, seconded, and unanimously carried (14-0-0) that there be no bias in the continuity and homogeneity of the trail system and that it be sensitive to local environmental concerns.
Motion was duly made, seconded, and unanimously carried (14-0-0) that the trail system be designed to serve recreational as well as non-automotive transportational purposes.
Motion was duly made, seconded, and unanimously carried
(14-0-0) to recommend linkage of the trail system from major recreation/open space areas to other types of activity, i.e. employment, schools, libraries, and viewpoints.
6. OPEN SPACE MAP
Motion was duly made, seconded, and carried (14-0-0) that discussion on the open space map be moved to the public meeting which will be held at the City Council Chambers from 9:OO a.m. to 12:OO noon on April 1, 1989,
7. COMMENTS FROM THE AUDIENCE
There were no comments from t'he audiencle.
8. ADDED ITEMS AND REPORTS
Chairman McBane reported that he and the two Vice Chairs had met and were making progress on the outline for the final report to the City Council.
Chairman McBane requested the record to show that he had received a letter from the League of Women Voters appointing Inez Yoder to serve as backup to their representative, Margaret Brownley.
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1 March 22, 19 CITIZEN'S OPEN SPACI OMMITTEE Pagc
Chairman McBane reported that he had received an article from The Tribune dated March 9, 1989 entitled "City Considers Cost of 'Free' Open Space.''
Chairman McBane reported that he had received a reprint of the results of a 1987 public opinion survey taken by the State of California Parks & Recreation Commission regardin open space.
9. ADJOURNMENT
The meeting was adjourned at 8:45 p.m.
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1 Respectfully submitted,
BETTY M. BUCKNER Minutes Clerk
B-27
MINUTES
Meeting of: Time of Meeting: 9:OO a.m. Date of Meeting: April 1, 1989
Place of Meeting:
Citizen's Committee to Study Open Space
Carlsbad City Council Chambers
1. CALL TO ORDER
The meeting was called to order at 9:08 a.m. by Chairman Kip McBane. The following members and staff were present:
Members: Carman Cedola Staff : Michael Holzmil Tom Freeman Philip Carter Courtney Heineman Michael Howes Homer Bo Hupf Bobbie Hoder
S, Elaine Lyttleton Brian Hunter Kip K. McBane Ray Patchett
Stephen M. Novak Julianne Nygaard City Council Members: Kathy Parker John Mamaux
Alan Recce Fay 0. Round, Jr. Planning Commissioners: Margaret Stanton Jeanne McFadder
Cindy Ward Patricia M. White Facilitator: Robert E. Wilkinson Michele MoomauG
Alternate Consultants: Members: Girard W. (Lefty) Anear Wallace Roberts b Todd
(left at 11:4O a,m.) Mark Pettine
Mario R. Monroy Kathy Garcia
Paul Rookwood
2. PROCEDURE FOR MEETING
Michele Moomaugh, Facilitator, reviewed the procedures of the meeting for the benefit of the audience.
3. FORMAL PUBLIC PRESENTATIONS
(a) Carlsbad Arboretum Foundation
Mr. Bill Dougherty, 2600 La Golondrina, Carlsbad, showed an 8-minute slide presentation on the proposed bird sanctuary near the City-owned Carrillo Ranch in South Carlsbad. At the conclusion of the slide presentation he requested the Committee to consider making the following recommendation in their final report to the City Council:
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8 April 1, 198: CITIZEN'S OPEN SPACP 'OMMITTEE Page
That the natural resource area in the Los Quiotes
Valley be zoned as open space with adequate buffer zones surrounding them to ensure their preservation fc
(b) Hofman Planning Associates
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Bill Hofman, 2386 Faraday, Suite 120, Carlsbad, showed a 10-minute slide presentation on the inaccuracies of the opc space map and the cause of the inaccuracies. conclusion of the slide presentation he suggested that the open space map is not a good tool for defining open space boundaries and that a specific definition of open space applied at a project level (project by project) would bett ensure that good open space will be preserved and that undesirable areas will not be forced to become permanent
open space.
He would like to see staff have the authority to make administrative changes, give or take lo%, as necessary
At the
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(c) Rick Engineering Company
Because a representative from Rick Engineering was not present, Facilitator Moomaugh read a letter dated March 30 1989 from Robert C. Ladwig, on behalf of the Zone 18 landowners, to Chairman McBane.
Mr. Ladwig noted many inaccuracies regarding environmentally-sensitive areas on the current open space map because few undeveloped areas have been mapped to provide adequate information. He suggested that:
The open space map indicate different types of open space ;
Major changes pertaining to General Plan open space require a General Plan Amendment;
Staff be given flexibility to make minor administrati changes pertaining to environmentally sensitive areas based on the input of refined mapping, environmental studies, and City approved development plans;
Consideration be given to how well specific "sensitiv areas serve the goals and objectives of open space.
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A copy of the letter is included with these minutes.
RECESS
The meeting recessed at 9:52 a.m. and reconvened at 10:06 a.m.
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April 1, 198! CITIZEN'S OPEN SPACE 3MMITTEE Page 3
4. INFORMAL, GENERAL PUBLIC INPUT
(a) Margie Monroy, 3610 Carlsbad Boulevard, Carlsbad, addressed the meeting and stated that she is concerned about the definition of open space since the State law defines
open space as "unimproved areas" while t.he City counts some
areas which are improved, i,e. golf courses, park sites, and
schools. She does not understand when open space can become a park and cited the trail area in Hosp Grove.
addressed the meeting and stated that he is concerned about the setbacks on the lagoon bluff edge of the Sammis property. buffer which has been eroded to 100 ft., then 45 ft., and now the buffer is only 10 ft. which includes a 5 ft.
walkway.
habitat and feels that a new environmental impact report is needed. He suggested that trails be pinned down on a map so that they do not become lost i.n the future.
Lefty Anear requested that Michael Holzmiller respond to the Sammis problem because Mr. Thompson was unaware of the complete facts. Mr. Holzmiller prefers to address the issue at the next Open Space meeting on April 12th.
(b) Henry Thompson, 330 Chestnut Avenue, Carlsbad,
He understood that there was to be a 300 ft.
He is concerned about the lagoon and wildlife
(c) Barbara Otwebl, 2040 Avenue of the Trees, Carlsbad, addressed the meeting and stated that staff flexibility can work to a disadvantage and the Sammis problem could probably have been avoided with less flexibility. to make 5% changes. She suggested that staff only have authority
(dl Adrienne B. Curiale, 901-B Camfnito Estrada, Carlsbad, addressed the meeting and stated that she would like to see the committee address open space availability along the shore line from Palomar Airport Road to the Batiquitos Lagoon-
Mr. Holzmiller replied that an RFP has been sent out for a study on the shore line open space to determine what opportunities and recreational uses are available. (Copies of the RFP will be included in the next meeting packet.) The State will share the cost of the study. It could be approximately nine months before the results are available.
(e) Adrienne B. Curiale, 901-B Canninito Estrada,
Carlsbad, submitted a card inquiring whether the balcony areas in planned developments are still being counted as open space.
Mr. Holzmiller replied that balconies do not qualify as open space but are counted only toward the private recreational area requirement in planned developments.
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8 April 1, 3.98: CITIZEN'S OPEN SPACF OMMITTEE Page
5. PUBLIC INPUT WRAP-UP 1
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The public session concluded at 10:34 a.m. and the meeting was turned over to Chairman McBane.
6. DISCUSSION OF OPEN SPACE MAP
Michael Holzmiller, Planning Director, made a presentation
on the open space map. He stated that the open space map . comprised of:
Existing and future open space areas presently shown 1 the General Plan Land Use Map;
Additional areas of environmentally-sensitive lands prohibited from development as identified by the Natural Resource Inventory;
Additional (larger) areas obtained through the development approval process;
The 15% open space requirement of the growth managemel plan for those Local Facilities Management Plans whicl
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He stated that the open space map is intended to be a graphic representation of existing and future open space a is not meant to reflect precise legally-defined parcel
boundaries since the map scale is 1:lOOO. Once the IT,^? is adopted as part of the updated open space element, any maj deviation from the map will require a formal amendment to
the General Plan with noticed public hearings. He then provided a couple of alternatives to the Committee on how minor boundary adjustments to the map could be handled.
After discussion, motion was duly made, seconded, and unanimously carried (15-0-0) that the City's open space ma be used as a conceptual representation of open space intentions in the City.
After discussion, motion was duly made, seconded, and carried (14-1-0) that staff be given the flexibility to ad to the open space map new open space areas which may be created by circumstances. (Carman Cedola opposed.)
After discussion, motion was duly made, seconded, and unanimously carried (14-0-0) to adopt paragraph 2 (A throu E) as shown on pages 2 and 3 of the staff report regarding procedures for amending or deviating from open space
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April 1, 1981 CITIZEN'S OPEN SPACF OMMITTEE Page 5
After discussion, motion was duly made, seconded, and unanimously carried (14-0-0) that as detail becomes
available on open space areas that precfse information be depicted on zone maps and that the City's open space map be updated to reflect that additional 1eve:L of detail.
After discussion, motion was duly made, seconded, and carried (11-3-0) that staff prepare an overlay to the open space map to show publicly accessible and private open space areas, including bodies of water and those open space areas which are inaccessible due to hazards.
Robert Wilkinson inquired about the possibility of subcommittees to discuss some of the open space concerns. Chairman McBane replied that a preliminary report outline will be available in the next meeting packet and that the possibility of subcommittees could be addressed as an agenda item at the next meeting.
7. ADJOURNMENT
The meeting was adjourned at :L2:04 p.m.
Respectfully submitted,
BETTY M. BUCKNER Minutes Clerk
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Meeting of: Citizen's Committee to Study Open Spacc Time of Meeting: 6:OO p.m. Date of Meeting: April 12, 1989 Place of Meeting: Carlsbad Safety & Service Center
1. CALL TO ORDER
The meeting was called to order at 6:03 p.m. by Chairman McBane. The following members and staff were present:
Members: Carman Cedola Staff: Michael Holz. (arrived 6:07 p.m.) Raymond Patc Tom Freeman Charles Grim Courtney Heineman Michael Howe
Homer B. Hupf Bobbie Hoder S. Elaine Lyttleton Brian Hunter
(arrived 6:05 p.m.) Kip K. McBane Consultants: Stephen M. Novak Wallace Roberts & To (left at 7:50 p.m.) Kathy Garci-a
Julianne Nygaard (left at 7:50 p.m.) Kathy Parker Alan Recce Fay 0. Round, Jr. Margaret Stanton Cindy Ward Patricia M. White Robert E. Wilkinson
Alternate I Members: Mario R. Monroy
Absent: Lefty Anear
2. APPROVAL OF MINUTES
Chairman McBane requested that the minutes of March 22, 19 reflect the revised wording in the correction to the minut of March 8, 1989.
Motion was duly made, seconded, and unanimously carried (13-0-0) to approve the minutes of March 22, 1989 as amend and the minutes of April 1, 1989 as presented. 8
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April 12, 19 CITIZEN'S OPEN SPACE OMMITTEE Page 2
3. PROCEDURAL MATTERS
Because Mr. Cedola had not yet arrived, item #3 was deferred until after his arrival.
4. DEFINITION AND USES OF OPEN SPACE
Courtney Heineman gave a report and recommendation on the definition of open space.
After discussion, motion was duly made, seconded, and unanimously carried (15-0-0) to approve the open space definition with the following changes:
llItlf with "The open space."
sentence reads, "Open space may fall into....
that the sentence reads, ll...preservation of trees, forests, plant, and animal life, including ....
(d) Paragraph le - Add the words "and canyons" so that the sentence reads, "Hillsides, slopes, and canyons
(a) Paragraph 1, second sentence -- Replace the word
(b) Paragraph 2 - Add the word flmayll so that the
(c) Paragraph la - Add the words "trees, forests," so
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necessary for.... VI
(e) Paragraph 4a - Add a phrase to the end of the sentence so that it reads, ".,.,cultural value, including significant geological, paleontological,, and archaeological areas. I'
(f) Paragraph 5a - Add the words "flood plains" so that the sentence reads, If... unstable soils areas, watersheds, flood plains, areas....
Chairman McBane commented that he would like to see standards for open space established by type of open space, rather than the general category of open space.
After discussion, motion was duly made, seconded, and carried (12-3-0) that, to the extent it is practical,
standards for open space be established by type of open space rather than the general category of open space. This will be referred to the subcommittee whjich will report back to the full committee as to what extent it is practical,
5. OUTLINE FOR FINAL REPORT
Fay Round gave a report on the proposed outline for the final report,
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I April 12, 19' CITIZEN'S OPEN SPACF OMMITTEE Pagc
Motion was duly made, seconded, and unanimously carried
(15-0-0) to adopt the outline format as a basic guide for the subcommittees in putting together the final report.
6. SUBCOMMITTEES
Mike Holzmiller, Planning Director, presented a draft of t: proposed subcommittees and their topics, together with a revised schedule of meetings.
Motion was duly made, seconded, and unanimously carried (13-0-0) to adopt the subcommittees and revised meeting schedule as presented.
Margaret Brownley, representing the League of Women Voters was asked to draw names to determine the makeup of each subcommittee. The subcommittees were established as
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(a)
(b) Protection of open Space Subcommittee - Parker,
Composition of Required open Space Subcommittee
Quantity of open Space Subcommittee - White, 1 Lyttleton, and Freeman.
Hupf, and Wilkinson.
Ward, Novak, and Cedola.
and Nygaard.
Alternates may attend the subcommittee of their choice.
Staff will provide an abbreviated format for the subcommittee reports so that their recommendations can easily be assimilated into the final report.
(c)
(d) Use of open Space Subcommittee - Recce, Stanton,
I 7. OPEN SPACE AND CONSERVATION COMMISSION
Homer Hupf made a motion that the final report of the Committee include a recommendation that the City Council establish an Open Space & Conservation Commission. The general scope of the Commission would be to address issues which could significantly affect, alter, or impact defined open space and conservation areas in Carlsbad. objectives and composition of the Commission to be defined by the City Council.
After discussion, it was felt that this motion should be
considered after the subcommittees have had a chance to me and formulate their recommendations to the full committee.
Specific
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April 12, 19 CITIZEN'S OPEN SPACI OMMITTEE Page 4
Motion was duly made, seconded, and carried (14-1-0) to continue Homer Hupf's motion for action at the April 26,
1989 meeting.
8. CONSULTANT REPORT ON OPElN SPACE SYSTEMS
Kathy Garcia, representing Wallace Roberts & Todd, gave a report on the types of public and private open space
administration systems used by other cities. She stated that the most common form of city administration of open space is a decentralized system in whiclh two separate departments are responsible for differe:nt stages of open
space administration, each department being independently accountable to the City Council. She stated that Carlsbad uses the decentralized system.
Motion was duly made, seconded, and una:nimously carried
(15-0-0) that this issue be given to the Protection of Open Space Subcommittee and brought back on April 26, 1989.
3. PROCEDURAL MATTERS
Motion was duly made, seconded, and carried (9-5-1) that the Alternates not be given an opportunity to speak as Committee members and only be given an opportunity to speak during the public comment period,
Mike Howes, Principal Planner, reviewed the new map which staff had created showing open space accessible to the public, accessible at a future date, accessible for a fee, existing school sites, future school sites, and those areas of open space which are not accessible.
9. COMMENTS FROM THE ALTERNATES
There were no comments from the alternates.
10, COMMENTS FROM THE AUDIENCE
There were no comments from the audience.
11. ADJOURNMENT
The meeting was adjourned at 8:09 p.m.
Respectfully submitted,
BETTY M. BUCKNER Minutes Clerk
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MINUTES
Meeting of: Citizen's Committee to Study Open Spac Time of Meeting: 6:OO p.m. Date of Meeting: April 26, 1989 Place of Meeting: Carlsbad Safety & Service Center
1. CALL TO ORDER
The meeting was called to order at 6:OO p.m. by Vice Chair
Fay Round. The following members and staff were present:
Members: Carman Cedola Staff: Michael Holz (arrived 6:04 p.m.) Michael Howe
Tom Freeman Bobbie Hoder
Courtney Heineman Brian Hunter
S. Elaine Lyttleton Kip K. McBane Consultants:
(arrived 6:04 p.m.) Wallace Roberts 6 To
Stephen M. Novak Kathy Garcia
Julianne Nygaard Paul Rookwoo
(left at 7:45 p.m.)
Kathy Parker Fay 0. Round, Jr.
Margaret Stanton
Cindy Ward Patricia M. White Robert E. Wilkinson
(arrived 6:04 p.m.)
Alternate Members: Girard W. (Lefty) Anear (left at 7:45 p.m.) II Mario R. Monroy
I Alan Reece Absent: Homer B. Hupf
2. APPROVAL OF MINUTES
Motion was duly made, seconded, and unanimously carried
(10-0-0) to approve the minutes of April 12, 1989 as
Mike Howes, Principal Planner, made a few comments regardi
a newspaper clipping from the Blade-Tribune which he passe out to Commission members regarding interest in an inter-area equestrian trail which would link the comuniti
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April 26, 19 CITIZEN'S OPEN SPACP 'OMMITTEE Page 2
of Carlsbad, Oceanside, Vista and San Marcos. Comments were
solicited.
3. SUBCOMMITTEE REPORTS
(a) Quantity of open Space Subcommittee - Elaine
Lyttleton gave the subcommittee report which was also provided to members in a written form. main item discussed at the recent subcommittee meeting was how to get an accurate estimate on the actual amount of space that the City of Carlsbad current1Ly has designated as open space. At the next meeting, the subcommittee will discuss acquisition and financing options.
Discussion ensued regarding the subcommittee recommendations. Motion was duly made, seconded, and carried (12-1-0) to take recommendations on each subcommittee's report as it are reviewed.
Motion was duly made, seconded, and carried (13-0-Q) to recommend that rather than many small pockets of open space to try for fewer but larger areas since open space will "appear" to be more if development is c:Lustered and open spaces are larger and linked.
Motion was duly made, seconded, and carried (13-0-0) to recommend that a certain percentage of land next to sensitive (riparian) areas should be designated to act as a buffer s
Motion was duly made, seconded, and carried (8-5-0) to recommend the creation of natural and man-made links between open space areas to give the visual (and areal) perception of
large open space areas, facilitate a trail system, and provide viable habitat areas.
Motion was duly made and seconded to recommend that, to the
extent possible, standards for all the different types of open space should be developed. continued until after all of the subcommittee reports have been made.
Motion was duly made, seconded, and carried (12-1-0) that the open space list on pages 2 and 3 of the subcommittee report constitute a basic inventory listing in the City which could be added to or modified in ithe future.
Motion was duly made, seconded, and carried (12-1-0)
annual review of the methods and programs for acquiring parks in the City of Carlsbad including, specifically, but not limited to, the Quimby Act standards and the park-in-lieu fees.
She stated that the
Vote on this motion was
that the Committee recommend -that there be an
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1 April 26, 19 CITIZEN'S OPEN SPACF 'OMMITTEE Pagc
Motion was duly made, seconded, and failed (4-9-0) to recommend that if such an annual review shows that the Cit! has the right to collect more park lands under the Quimby Act, that that standard be raised to the maximum possible without acquisition costs to the City.
RECESS
The Committee recessed at 7:30 p.m. and reconvened at 7:40 p.m.
Wilkinson gave the subcommittee report which was also provided to members in a written form.
Due to the lateness of the hour, the procedure of voting 01 items after 8:OO p.m. was discussed. Motion was duly made seconded, and carried (11-0-1) to amend the procedures so that a vote can be taken at any time that a quorum is
present. Chairman McBane abstained.
Motion was duly made, seconded, and carried (12-0-0) to recommend that the City adopt precise written definitions (
the various forms of open space including visual corridors As examples, specific areas should be identified within thc City to meet these definitions.
Motion was duly made, seconded, and carried (12-0-0) to recommend to revise and amend Open Space Ordinance No. 979 to (1) more precisely identify and define lands considered as undevelopable, (2) include provisions for buffer areas around sensitive lands, (3) define the word significant, a: (4) include specific conditions and restrictions on non-residential development.
Motion was duly made and seconded to recommend that the Ci shall have facility management zone plans identify an optil for open space where areas of open space of a type and siz that will benefit the community will be eligible for a maintenance district. Eligibility items: A minimum of
18-20% area of a net developable in a zone, a high habitat value, a high scenic value, or a high physical use value. Vote on this motion was continued until members have had a opportunity to research more information and the pros and cons of maintenance districts.
Motion was duly made, seconded, and carried (12-0-0) to
recommend that in order to protect open space by increasin the public's perception of it as a valued resource, the Ci
should identify existing open space for potential enhancement to increase its habitat, visual, or physical values.
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(b) Protection of open Space Subcodttee - Robert II
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April 26, 19 CITIZEN'S OPEN SPACl 'OPIBVIITTEE Page 4
Motion was duly made, seconded, and carried (12-0-0) to recommend that any agricultural land that in the future can be changed from agriculture to a non-open space use shall not be counted as open space.
Motion was duly made, seconded, and carried (11-1-0) to recommend that any grading, grubbing, or clearing of vegetation in undeveloped areas should require a City permit approved by the Planning Director.
Motion was duly made, seconded, and carried (12-0-0) to recommend that the Open Space Ordinance should define the City's responsibilities to monitor the full development/ construction process from beginning to end.
Due to the lateness of the hour, motion was duly made,
seconded, and carried (12-0-0) to continue further discussion of Subcommittee #2's report and Agenda Item #4
(Open Space and Conservation Commission) until the next meeting on Monday night at 6:QO p.m. at Magnolia School.
5. COMMENTS PROM THE ALTERNATES
There were no comments from the alternates.
6. COMMENTS FROM THE AUDIENCE
There were no comments from the audience. Chairman McBane noted that a citizen had written to him indicating that he
did not feel welcome to speak at the last meeting. A copy of that letter is filed with these minutes.
7. ADJOURNMENT
The meeting was adjourned at 8:57 p.m.
Respectfully submitted,
BETTY M. BUCKNER Minutes Clerk
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MINUTES
Meeting of:
Time of Meeting: 6:OO p.m. Date of Meeting: May 1, 1989 Place of Meeting: Magnolia School
Citizen's Committee to Study Open Spac
1. CALL TO ORDER
The meeting was called to order at 6:04 p.m. by Vice Chair Courtney Heineman. The following members and staff were present:
Members: Carman Cedola Staff: Michael Holz Tom Freeman Charles Grim Courtney Heineman Michael Howe Homer B. Hupf Bobbie Hoder
S. Elaine Lyttleton Brian Hunter Kip K. McBane
Stephen M. Novak Wallace Roberts & To Kathy Garcia Julianne Nygaard
Kathy Parker Economic Research As
Alan Recce Bill Anderso
Fay 0. Round, Jr. Margaret Stanton Cindy Ward Patricia M. White Robert E. Wilkinson
(arrived 6:13 p.m.) Consultants:
(left at 7:50 p.m.)
(arrived 6:25 p.m.)
Absent: Girard W. (Lefty) Anear (Alternate Member) 1
I 2. SUBCOMMITTEE REPORTS
Mario R. Monroy (Alternate Member)
(a) Protection of Open Space Subcommittee (continued from last meeting) - Robert Wilkinson stated that the subcommittee needed to have a 15 minute meeting before additional information could be presented. discussion, it was decided to hear the remaining subcommittee reports and then have a recess, at which time committee members could break into groups for 15 minutes before reconvening the meeting.
Composition of Required open Space Subcommittee
Carman Cedola gave the subcommittee report which was also provided to members in written form.
After
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May 1, 1989 CITIZEN'S OPEN SPACE OMMITTEE Page i
Motion was duly made, seconded, and carried (14-1-0) that the recommendation be returned to the subcommittee for
further rewording and broken into three separate recommendations,
gave the subcommittee report !which was also provided to members in written form.
Motion was duly made, seconded, and unanimously carried (15-0-0) to adopt recommendations 1-21, with the corrections outlined below. with these minutes.
(c) Use of open Space Subcommittee - Margaret Stanton
A copy of the subcommittee report is filed
(1) Recommendation #2 - Delete the words "decomposed granite" in the second sentence; add the words '!except to enhance the environmental value of the area" at the end of the third sentence.
(2) Recommendation #10 - Delete existing wording in its entirety and substitute the following: City should participate with other North County communities to establish an inter-community open space linkage. 'I
appropriate buffers and/or fencing" to the end of the sentence.
(4) Recommendation #18 - Delete the word "only" and add the words "and where economically viable" to the end of the sentence.
After discussion, it was determined that a recommendation regarding a scenic drive should be included but it would be necessary for the subcommittee to work out the exact wording during the break.
RECESS
The Committee recessed at 7:15 p.m. and broke into subcommittees for further discussion. The meeting reconvened at 7:50 p.m.
(dl made, seconded, and unanimously carried (14-0-0) to adopt the following recommendation within the Aesthetic Open Space section:
"Identify scenic routes to public open space with sensitivity to increased traffic in residential areas."
(e)
"The
(3) Recommendation #11 - Add the words "with
Use of opepl Space Subcommittee - Motion was duly
Composition of Required open Space Subcodttee - After discussion, the subcommittee decided to eliminate the
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first sentence of the recommendation in their written report.
Motion was duly made, seconded, and unanimously carried (14-0-0) to adopt the following recommendation:
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"Land area that otherwise qualifies for measurement towards the standard but which is not available witho some monetary or other consideration for use by the general public will be considered as meeting only a certain percentage of the performance standard, that percentage to be determined by the adoption of a new City standard. All other land area which qualifies f measurement towards the performance standard will be given 100% credit towards those standards."
Motion was duly made and seconded and failed (7-7-0) to adopt the following recommendation:
l'The following land uses will be given no credit towards the performance standard: (a) school sites, and (b) power line easements."
After discussion and due to the tie vote, a recommendation will be drafted by the report writing committee and includ in the final report for consideration by the full committe
Wilkinson reported that the subcommittee discussed the recommendation for an open space commission and identified the following objectives of the proposed commission:
(1) An advocate for open space.
(2) Community representation to the Planning
(3) Continue to develop and revise open space
(f) Protection of open Space Subcommittee - Robert
Commission and City Council.
policies as defined by the City and the open space ordinance.
(4) Monitor implementation of open space policies.
acquisition, use, and maintenance programs, on an annual basis.
(5) Recommend priorities for open space includi
(6) Set and refine guidelines for specific project review of open space.
Motion was duly made, seconded, and unanimously carried
(14-0-0) to recommend that the City Council establish an Advisory Open Space Commission, including a staff member,
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May 1, 1989 CITIZEN'S OPEN SPACE 'OMMITTEE Page 4
review and address the many issues pertaining to open space including, but not limited to, definitions, designations, and potential map changes. responsibilities shall also include those outlined by the Protection of Open Space Subcommittee [as outlined under (f)
(1) - (6) above] and shall be established coincident with termination of the interim open space ordinance.
Quantity of Open Space Subcommittee - The pro's and con's of maintenance districts and financing options for open space were discussed.
Motion was duly made, seconded, and unanimously carried (14-0-0) that the consultant prepare a conceptual matrix on
financing options to be included in the final report, with a
preliminary draft to be presented at the next regular meeting on May 10th.
3. OPEN SPACE COMMISSION
This item was acted upon during the subcommittee reports.
4. COMMENTS FROM THE ALTERNATES
Neither alternate was in attendance at the meeting.
5. COMMENTS FROM AUDIENCE
There were no comments from the audience.
Julianne Nygaard announced to the meeting that through her connection with Cablevision the committee might be able to prepare a visual presentation on open space to the City Council along with the written report. working on a possible visual presentation should contact her
directly e
6, ADJOURNMENT
The meeting was adjourned at 9:lO p.m.
T:he Commission's
(9)
Those interested in
Respectfully submitted,
BETTY IM. BUCKNER Minutes Clerk
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USE OF OPEN SPACE
Subcommittee Report (#4)
The recommendations provided by the Subcommittee on the Use of c
Space are provided below. These recommendations have L categorized as they fall into several different areas of use. I provided, following the recommendations is a discussion justification for the inclusion of the proposed recommendatior
GENERAL: These recommendations are broad and do not fall unde particular category of Open Space.
1. Strive for a balance of visual, passive and active open sp
uses within each of the four quadrants of the City.
2. The degree of improvements recommended for open space ar should depend on the type of open space and the proposed.For example, improvements in active areas such community parks would be more complex. Improvements passive areas such as trails would be minor in comparison include items such as decomposed granite pathways, benches
trash receptacles. No improvements should be made environmentally sensitive areas.
sensitive resources may be threatened or damaged, or where public health and safety may be compromised.
3. Encourage public.access to all open space areas except wh I
4. The City should acquire or negotiate for public access lands that could be used for passive recreational uses.
5. Encourage the development of cultural/educational amenit.
within open space areas such as botanical gardei I interpretive centers, and arboreta.
ACTIVE OPEN SPACE: Typically provide more complex s. improvements and generally contains organized recreation.
6. Continue to pursue a high quality active community park sysl
within appropriate open space areas.
7. Obtain appropriate user fees from non-residents utiliz: Carlsbad's active recreation facilities.
PASSIVE: Often provides minimal or no improvements and incluc undemonstrative or subdued activities.
8. Passive recreation areas should be distributed throughout t four quadrants of the City and should be separate from acti
recreational uses where possible.
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9. The feasibility study to he prepared for a unified tra
system shall include, but not be limited to, an analysis
cost, options for financing, liability, ownershi
maintenance, possible trail locations and linkages, and t
types of trails needed for different areas.
lo. Establish a trail system for dogs with poop receptacl
11. Trails should be encouraged near or adjacent
12. Trails should be sensitive to surrounding land uses and
located at appropriate intervals.
environmentally sensitive areas.
should normally be placed at a significantly differe elevation than adjacent residential uses.
13. Rather than purely recreational use, trails should a1
provide a means of pedestrian transportation betwet residential and commercial areas.
14. Major development applications must address trails and tra interconnection on proposed plans.
15. When trails are proposed or required the City- should obta
an irrevocable offer to dedicate or a permanent easement fc
trailways where feasible.
AESTHETIC OPEN SPACE: Natural or enhanced open space that . valuable for its attractiveness, ]buffering effect or visibility ( or from other areas.
16. Utilize open space to delineate the City's boundaries and 1 buffer major land uses within the City.
17. Identify and acquire, where feasible, higher topographic
areas suitable as panoramic viewpoints for public use. Mt. Soledad).
Encourage the preservation only of highly visible agriculturc areas that are particularly suitable for flower production.
NATURAL OPEN SPACE: Includes environmentally constrained and nor constrained areas that are in, or similar to being in, their naturz state.
19. Visually attractive or high quality natural areas should t
(i.c
18.
acquired and preserved when ever possible.
20. Natural open space areas should remain in as natural state a
possible.
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21. Identify, acquire, and protect natural open space visible from public gathering places in order to help
create a more rural atmosphere in an urban environment.
DISCUSSION
The Subcommittee feels that a balance of open space use desireable in the community and that emphasis in the past has
oriented toward active recreation. Although emphasis SI
continue with regard to active uses, more consideration shou
given to acquiring and maintaining more passive areas SUC
trails, viewpoints, and natural areas. These areas shoul
separated from active areas whenever possible. The Subcomm
feels that passive areas may be improved but not to the e:
where they could become active. For example, a trail might inc
a decomposed granite walkway with benches and trash recepti
located at appropriate distances along the path. The Subcomm.
is recommending that no improvements take place w.
environmentally sensitive areas but that it may be approprial
have trails or an interpretive center located nearby.
It is being recommended that the City should take advantac
opportunities to acquire natura.1 open space and the natural i
acquired as open space should remain in their natural state.
Subcommittee also feels that natural areas should be use
delineate the City boundaries, where possible, and separate I
land uses. In addition, the Subcommittee felt that natural i should be located to be visible from large public gathering i
such as the mall and roadways. The intent is to pre: Carlsbad's rural flavor in more urbanized areas.
Since the Open Space Committee has approved the concept of ti as an open space use and is recommending a study this Subcomm:
felt that the analysis should include a discussion of liabi:
ownership, cost maintenance, location and types of trails incli
surfaces (e.g., asphalt etc.). It was recommended that I
developments proposed in the city address trails and that
trails proposed be sensitive to existing uses. II
Subcommittee
Julianne Nygaard
Alan Recce 1 Margaret Stanton
I B-47
MINUTES
Meeting of: Citizens Committee to Study Open Space
Time of Meeting: 6:OO P.M.
Date of Meeting: May 10, 1989
Place of Meeting: Carlsbad Public Safety Center (Fox Room)
1. CALL TO ORDER
The meeting was called to order at 6: 06 PM by Chairman McBane. The following committee members, alternate members, staff members and
consultants were present:
Committee Members: Carman Cedola Tom Freeman Courtney Heineman Homer B. Hupf Kip McBane Stephen M. Novak Julianne Nygaard Kathy Parker , Fay 0. Round, Jr. Cindy Ward Patricia M. White Robert E. Wilkinson
Alternate Members : Girard W. llLeftyll Anear Mario R. Monroy
Absent: S. Elaine Lyttleton
Alan Recce
Margaret Stanton
Consultants: Kathy Garcia (Wallace Roberts & Todd)
Bill Anderson (Economic Research Associates)
Staff Members: Michael J. Holzmiller
Charles D. Grimm Erin K. Letsch
2. APPROVAL OF MINUTES
A MOTION WAS DULY MADE? SECONDEDI AND CARRIED1 (10-0-2) TO APPROVE
THE MINUTES OF APRIL 26, 1989, AS SUBMITTED.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED1 (11-0-1) TO APPROVE
3, EAST PARAGRAPH, TO READ "...TIIAT THE CITY COUNCIL ESTABLISH AN
THE MINUTES OF MAY it 1989~ WITH A CORRECTION 'Po THE MOTION ON PAGE
#I OPEN SPACE COMMISSION WHICH COULD WORK IN AN ADVISORY CAPACITY.
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I MAY 10, 1989 CITIZENS COMMITTEE TO STUDY OPEN SPACE PAGE
3 0 UPDATE FROM THE REPORT-WRITING SUBCOMMITTEE (MCBANE, ROUNI
HEINEMAN
Kip McBane, Committee Chairman, indicated to the Committee that tl
subcommittee's draft report was handed out to everyone for thei review. He suggested to the Committee that they take the repoi home, review it, and bring any suggestions, changes, etc., to tk next meeting.
Michael Holzmiller, Planning Director, for clarification purposes gave an overview of each of the sections in the report, a1
depicted the sections which were prepared by the subcommittee. MI Holzmiller further explained why the sections were prepared as thc were and further added that the report also contained tl Committee's actual motions, which were in bold, followed by tl vote. In conclusion, Mr. Holzmiller stated that some sections we1
not completed, but would be complete by next Monday.
Kip McBane, Committee Chairman, stated that the subcommittee wi going to be meeting on Monday morning and if anyone had anythii they wanted added to the report, or perhaps if they thought thc were going to be making a motion that night to please try to gc that information to staff before Monday. He also hdicated to tl Committee that Cindy Ward had submitted a fairly comprehensiy document, which was passed out tonight with some points that needc to be discussed. (Copy attached.)
Fay Round, Committee Member, discussed the table of contents, ai explained why Section I11 is outlined the way it is. TI
subcommittee recommends that Section 111, D, be eliminated from tl I outline.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (12-0-0) THAT T;
ELIMINATED.
Fay Round, Committee Member, discussed, in detail, the approal used in Section 111. Mr. Round stated that no action had to taken on this item tonight, but the subcommittee would like adopt as much of the material as possible next Monday night. T subcommittee was also suggesting a change to add wording to t previous motion approved by the Committee regarding trails locat on page 17 of the draft report.
Discussion ensued among the Committee members regarding the la recommendation on page 17, of the draft report.
OUTLINE BE MODIFIED JUST TO THE EXTENT THAT SECTION IIIID, :
I B-49
MAY 10, 1989 CITIZENS COMMITTEE TO STUDY OPEN SPACE PAGE 3
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (11-1-0) TO REMOVE
REPORT o
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (7-5-0) TO CHANGE THE
WORD MUST TO SHOULD ON THE LAST MOTION ON PAGE 178 AS OUTLINED IN
THE REPORT.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (12-0-0) TO ADOPT,
IN TOTAL, THE REVISED WORDING ON THE LAST MOTION ON PAGE 17, AS
THE BRACKETS ON THE LAST MOTION O:N PAGE 171 AS OUTLINED IN THE
OUTLINED IN THE REPORT.
Discussion ensued among the Committee Members regarding the fourth motion on page 21, as outlined in the report.
A MOTION WAS DULY MADE? SECONDED? .AND CARRIED (11-1-0) TO ADD TQ
"AND/OR" AT THE END OF THE THIRD SENTENCE.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (12-0-0) TO ADD TO
THE FOURTH MOTION ON PAGE 21, AS OUTLINED IN T:HE REPORT, START WITH
THE WORDS #'WHENEVER FEASIBLEII ,AND - ;ADDJUW3R--Z"E -LASWUORD -+&AND**,
THE FOURTH MOTION ON PAGE 238 A8 OUTLINED IN THE REPORT, THE WORDS
ONLC€€E-JF#TRF--PRRSGBXFH, Tm uR~~rclzZ_u.
Discussion ensued among the Committee Members regarding the proposed Open Space and Conservation Element.
Discussion ensued among the Committee Members regarding Section
111, Overall Findings and Major Policy Recommendations, page 4 of the report, first paragraph.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (12-0-0) THAT THE
COMMITTEE RECOMMEND THAT THE CITY DEVELOP A COHESIVE POLICY AND
MASTER PLAN SETTING FORTH OPEN SPACE GOALS AND GUIDING ACQUISITION,
MAINTENANCE AND FINANCING.
Cindy Ward, Committee Member, presented her subcommittee report
regarding "Composition of Open Space", which was also provided to
Committee Members in typed form.
Discussion among Committee Members ensued regarding Section I1 of
the document llComposition of Open Space", as presented by Cindy Ward, Committee Member.
Michael Holzmiller, Planning Director, stated to the Committee that
more time was needed to study this document presented by Cindy Ward.
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I MAY 10, 1989 CITIZENS COMMITTEE TO STUDY OPEN SPACE PI
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Discussion among Committee Members ensued regarding Section .
Major Power Line Easements, as outlined in the document sub1 by Cindy Ward.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (7-5-0)
POWERLINE EASEMENTS SHALL NOT BE COUNTED TOWARDS MEETING TI
OPEN SPACE STANDARD.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (10-2-0) THAT
POWERLINE EASEMENTS WILL RECEIVE PARTIAL CREDIT WHEN THE
ENHANCED OR IMPROVED AND PROVIDE KEY LINKS IN THE TRAIL S
THE EXTENT OF CREDIT SHALL BE DETERMINED BY A NEW STANDARD.
Discussion among Committee Members ensued regarding Section
Private Golf Courses, as outlined in the document submit1 Cindy Ward.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (10-2-0) THAT P
GOLF COURSES WILL RECEIVE PARTIAL CREDIT IN MEETING THE PERF0
STANDARDS IF SIGNIFICANT VISUAL BENEFIT IS DETERMINED.
Discussion among Committee Members ensued regarding S
III,C,D, Larger Single Family Lots and Schools, as outlined document submitted by Cindy Ward.
A MOTION WAS DULY MADE, SECONDED, AND CARRIED (12-0-0) THAT S
SHALL NOT BE COUNTED IN MEETING THE 15% PERFORMANCE STAND
PRIVATE OR PUBLIC.
Julianne Nygaard and Stephen Novak left at 8:OO PM.
4. DISCUSSION OF DRAFT FINANCING MATRIX - CONSULTANT
Bill Anderson, consultant (Economic Research Associates) dis
the draft financing matrix which he had prepared.
Discussion among Committee Members ensued regarding the
Bill Anderson, consultant, stated to the Committee that he have another draft of the financing matrix with their recon
inclusions and changes at their next Monday meeting.
Tom Freeman left at 8:21 PM.
5. COMMENTS FROM THE ALTERNATES
Girard ttLeftyll Anear stated to the Committee his concern re?
powerline easements and the Williamson Act.
I financing matrix.
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MAY 10, 1989 CITIZENS COMMITTEE TO STUDY OPEN SPACE PAGE 5
6. COMMENTS FROM THE AUDIENCE
Gene Carl, (Bressi Ranch) expressed concern about fire hazards,
powerlines and firmly recommended that the green grassy area be
maintained.
7. ADJOURNMENT
There being no further comments from the audience or the Committee,
the meeting was adjourned at 8:32 PM.
Respectfully submitted, ~~&2fl!g-~&Yl I
'4
ANITA =OS-BOlNAS
Secretary
Attachment
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MINUTES
Meeting of: Citizen's Committee to Study Open Spacc Time of Meeting: 6:OO p.m. Date of Meeting: May 15, 1989 Place of Meeting: Magnolia Elementary School
1. CALL TO ORDER
The meeting was called to order at 6:lO p.m.. by Vice Chai. Heineman. The following members and staff were present:
Members: Carman Cedola Staff: Michael Holzi (arrived 6:11 p.m.) Michael Howe, Courtney Heineman Bobbie Hoder Homer B. Hupf Brian Hunter Kip K. McBane
Julianne Nygaard Wallace Roberts & To Kathy Parker Kathy Garcia Alan Recce Paul Rookwoor
Fay 0. Round, Jr. Margaret Stanton Cindy Ward
Patricia M. White
(arrived 6:11 p.m.) Consultants:
(arrived 6:17 p.m.) 1 Robert E. Wilkinson
Alternate Members: Girard W, (Lefty) Anear Mario R. Monroy
S. Elaine Lyttleton Stephen M. Novak
Absent: Tom Freeman
Mr. Heineman noted that minutes from the last meeting and tonight would be presented for approval at the next meetin on May 22, 1989.
2. CONTINUED DISCUSSION OF DRAFT FINAL REPORT
Chairman McBane stated that the latest revision of the report includes information identified on the last report "To be provided" in addition to several recommendations by the Executive Committee (found on pages 5, 39, 41, and 42) which is set out in brackets.
Motion was duly made, seconded, and unanimously carried (12-0-0) to adopt Section I of the report (found on pages
B-53
Page 2 May 15, 1989 CITIZEN'S OPEN SPACIF 3MMITTEE
1-3) with a minor revision in paragraph one, page 3, to read
as follows: "...that several additional measures could be taken which would.. . 'I.
Motion was duly made, seconded, and unainimously carried (12-0-0) to adopt Section I1 of the report (found on pages 4-6) except item 5 on page 5, with a miinor revision in paragraph one, page 4, to read as folPows: "Based on its evaluations, the Committee concluded thi2t. a. " .
Motion was duly made, seconded, and unainimously carried (12-0-0) to adopt Section I11 A.l. (fouind on pages 7-11) as presented.
Section I11 A.2. (pages 11-19) is new information and will be reviewed and voted on at tlne next meeting.
Motion was duly made, seconded, and unainimously carried
(12-0-0) to adopt Section PI1 B.l. (fouind on pages 20-21) as presented.
Section I11 B.2. (pages 21-26) is new iinformation and will be reviewed and voted on at tlne next meeting,
Motion was duly made, seconded, and unainimously carried (12-0-0) to adopt Section 111 C.l.! a, b, and c (pages 27-31) excluding paragraph 7 regarding powerline easements on page 31, with the following minor revisions: . Page 29 - Relocate the vote shown ist the end of the
e Page 30 - Paragraph two to read, "A formalized
sentence on item e) to a separate line below item e).
procedure should be created for adjusting. o. 'I.
The discussion on page 32 is inew information and will be reviewed and voted on at the next meeting.
Motion was duly made, seconded, and unainimously carried (12-0-0) to adopt Section I11 C.2-, a aind b, (pages 33-38) excluding paragraph 9 regarding powerliine easements on page
36.
Motion was duly made, seconded, and carried (9-2-1) to adopt paragraph 7 on page 31 and paragraph 9 on page 36 (regarding powerline easements) as written.
Motion was duly made, seconded, and unainimously carried (12-0-0) to adopt Section I11 C.2.c. (page 39) as written.
Section I11 C.2.d on pages 39-40 is new information and will be reviewed and voted on at the next meeting.
B-54
I May 15, 1989 CITIZEN'S OPEN SPACE 3MMITTEE Pagt
Motion was duly made, seconded, and unanimously carried (12-0-0) to adopt Bullet 2, page 41 with the following revision: Add the word llprotectedll on line 2 after
Motion was duly made, seconded, and unanimously carried
(12-0-0) to adopt Bullet 4, page 41 with the following revision: Add the word 'fprotectll after l'acquirel' on line 1.
Motion was duly made, seconded, and unanimously carried
(12-0-0) to adopt Bullet 6, page 41 with the following revisions: Add the words "at least" after llsupportl' on lii 2 and delete lines 3-5 in their entirety.
Motion was duly made, seconded, and unanimously carried (12-0-0) to adopt Bullet 7, page 41 to read as follows: "...but not be limited to legislative protection, Quimby Ac dedication, park-in-lieu fees, industrial recreation fees, setback.. . 'I.
Motion was duly made, seconded, and unanimously carried (12-0-0) to adopt Bullet 8, page 41 as presented.
Motion was duly made, seconded, and unanimously carried
(12-0-0) to adopt Bullet 1, page 42 with the following revision: Add the word lfprotections'l after "acquisitions" on line 3.
Motion was duly made, seconded, and unanimously carried (12-0-0) to adopt Bullet 2, page 42 with the following revisions : Change "indemnification1' to "identification" o line 1 and add the word ''protectionsV1 after llacquisitionsfl on line 2.
Motion was duly made, seconded, and unanimously carried
(12-0-0) to adopt Bullet 3, 4, and 5, on page 42 with the
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1 "acquired" on line 2.
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c following revisions: . Bullet 3 - Add the words "Where public funding is
necessary" at the beginning of the sentence before 'If new open space", and change lines 2-3 to read, "...Bonds are a highly desirable source of funding ...
on line 2 and capitalized llobligationll and llbondll in that sentence; revise line 4-5 to read, "...from the issue and in proportion to their benefit...".
Motion was duly made, seconded, and unanimously carried (12-0-0) to adopt Bullet 6, page 42, as presented.
. Bullet 4 - Add the word "General" before llobligationl'
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May 15, 1989 CITIZEN' S OPEN SPACIi 3MMITTEE Page 4
Motion was duly made, seconded, and unanimously carried (12-0-0) to adopt item 5, page 5, with the following revisions: . Paragraph 1 - Add the word llprotecl:ionl' after
"acquisition. VI
Paragraph 2 - Add the words "at leastv1 after support (line 2); delete remainder of sentence after "developments" ( line 3 ) ; replace "rezoning" with "legislative protection" ( line 6) ; replace llrefundingll with 11dedication11 (line 7) ; add "industrial recreation fees" after "park-in-lieu fees" (line 7) ; add "protection" after llacquisitionll ( :line 11) .
highly" (line 2) ; add llprotectionsll after "acquisitionsv1 (line 3 ) ; replace llnoll with It not I1
(line 7).
Paragraph 4 - Add the word "protection" after "acquisition" ( line 2) .
Fay Round recommended including a statement in the final report regarding the Comprehensive Open Space Network Diagram. Motion was duly made, seconded, and unanimously carried (12-0-0) to insert the suggested statement on page
36 after Bullet 3 regarding trail systems, with the following revisions:
. Paragraph 3 - Replace the words llthe most" with Ira
First paragraph - Insert "be prepared" before "incorporating" ( line 2 ) ; insert "'linkedf1 after "comprehensive" (line 2) ; delete "'1inkages11 after "open space" ( line 2 ) ; change llincludesll to llwould include" (line 3),
Paragraph 1 ) - Change "Identifies" to "Identify" (line 1) ; add !'and potential sites," after I1community
parks" (line 2) o
Paragraph 2) - Change llIdentifiesl' to lfIdentify" (line 1) ; change lllinkagell to lllinkagesll (line 1).
Paragraph 3 ) - Change llIdentifiesll to "Identify" (line 1).
Paragraph 4 ) - Change "Identifies1' to llIdentify'l (line 1).
Sixth paragraph - Add "by the Comm.ittee" after llrecognizedll ( line 1 ) ; change llpo.tential linkage routes are not precise" to read "potential linkage routes would not be precise" (line 1); add "or protection" after "acquisition" (line 5).
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I May 15, 1989 CITIZEN'S OPEN SPACE 3MMITTEE Pagt
. Seventh paragraph - Change "right-of-way" to
"rights-of-wayr1 (line 1) ; replace "feasible" with "desirable" ( line 3 ) .
Add a sentence to the end of paragraph seven to read, "Consideration should be given to safety and aesthetics. 'I
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Mike Holzmiller, Planning Director, reviewed the items to 1 voted on next week, which were:
Pages 11-19 (111 A.2) Pages 21-26 (111 B.2) Page 32 Page 38 Pages 39-40 (111 C.2.d)
Mike Holzmiller advised the Committee that the City Counci needs to take action on the open space element of the General Plan within the very near future to eliminate some of the legal loopholes which now exist. He did not seem t think that the Council could postpone revision in order to incorporate the Committee's recommendations since it could take another six months to a year to do so. After discussion, the Committee liked the idea of including a recommendation in the report that a subcommittee attempt t merge the Committee's recommendations into the open space
element and report back to the full committee within 45 days. A formal motion will be made and voted on at the ne meeting .
3. DISCUSSION OF FINANCING MATRIX
Kathy Garcia stated that most of the areas of concern were covered in the motions made on the draft report.
4. COMMENTS FROM THE ALTERNATES
Mr. Anear commented on the fact that only two General Obligation Bonds had been approved by Carlsbad voters in t 1 past 20 years.
5. COMMENTS FROM THE AUDIENCE
There were no comments from the audience.
6. ADJOURNMENT
The meeting was adjourned at 8:27 p.m. 1 Respectfully submitted,
BETTY M. BUCKNER Minutes Clerk I B-57
MINUTES CORRECTED
Meeting of: Time of Meeting: 6:OO p.m. Date of Meeting: May 22, 1989
Place of Meeting:
Citizen's Committee to Study Open Space
Magnolia Elementary School
1. CALL TO ORDER
The meeting was called to order at 6:lO p,m. by Chairman
McBane. The following members and staff were present:
Members: Carman Cedola Staff: Michael Holzmil Tom Freeman Charles Grim Courtney Heineman Michael Howes
Homer B. Hupf Bobbie Hoder
S, Elaine Lyttleton Brian Hunter
Kip K. McBane Julianne Nygaard Consultants :
Kathy Parker Alan Recce Kathy Garcia Fay 0. Round, Jr. Paul Rookwood
Margaret Stanton Cindy Ward Economic Research Assoc Patricia M. White Bill Anderson
Robert E. Wilkinson
Wallace Roberts & Todd
Alternate Members: Girard W. (Lefty) Anear Mario R. Monroy
Absent: Stephen M. Novak
2. APPROVAL OF MINUTES
Because some Committee members had been unable to pick up their packets, motion was duly made, seconded, and unanimously carried (14-0-0) to defer approval of the minutes for May 10, 1989 and ]May 15, 1989 until the next meeting .
3. CONTINUED DISCUSSION OF FINAL REPOD
Motion was duly made, seconded, and unanimously carried (14-0-0) to approve the entire Committee report as modified
by the submotions set forth below:
B-58
I May 22, 1989 CITIZEN'S OPEN SPACE COMMITTEE Pagl
. Accept staff errata memo dated May 17, 1989, with the
following changes:
-- Item 4, delete the period after the word possibl
-- Item 6, change the year to 1987.
-- Item 11, change the total to agree with the Park
-- Item 17, line 2, after maintain add a comma and
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& Recreation Element.
the words and protect. . Page 4, paragraph 2, line 6, change the word set to
recommend.
Page 5, capitalize "general obligation bonds" throughout.
maintenance and change line 3 to read, "...funding fo acquisitions, protections, and improvements and specifies further. . . ff.
Page 12, item 9), delete the word preservation.
after volleyball, add the word courts.
Page 26, line 9, change the word otherwise to potentially.
this stronq vote was the Committee's concern and replace with the following, In addition to its desire to preserve Open Space within the City, the Committee was also concerned...
. Page 5, paragraph 3, line 4, delete the word
. Page 12, under subheading ffActive Park Areas," line 4
. Page 40, paragraph 5, line 7, delete The reason for
0 Page 41, last paragraph, lines 4 and 6 after the word
0 Page 41, last paragraph, add a sentence to the end of
acquisition, add the word maintenance.
the paragraph which reads: "All land set aside as OF
Space that can be mapped, shall be zoned Open Space."
end of the paragraph which reads: "At the time of ar
discretionary approval, any land set aside for its habitat or scenic value shall have an appropriate easement placed on it for resource protection."
Capitalize "open space" throughout the report.
. Page 41, last paragraph, add another sentence to the
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May 22, 1989 CITIZEN'S OPEN SPACE CCU!"IlT'l'kX rage 3
Motion was duly made, seconded, and carried (13-1-0) to adopt recommendation #3 of staff memo dated May 19, 1989 regarding the Updated Open Space Element:.
Motion was duly made, seconded, and carried (7-6-1) to reword the second sentence of the recommendation to read: "The Committee's report to the City Courieil will be delivered when an updated element is prepared." abstained.
Motion was duly made, seconded, and carried (12-1-1) to adopt recommendation #3 as amended in unanimity. Lyttleton abstained.
Motion was duly made, seconded, and unanimously carried
(14-0-0) that the Open Space Element Update Subcommittee will consist of Kip McBane, Courtney Hefneman, Julianne Nygaard, and Robert Wilkinson.
Motion was duly made, seconded, and carried (13-0-1) that the subcommittee also work on the Conservation Element. Cindy Ward abstained.
The date for the next Committee meeting was tentatively set for July 10, 1989 at which time a draft of the Open Space Element would be presented. Carman Cedola requested that the draft be made available to Committee members at least five days in advance of the meeting.
Cindy Ward
Elaine
4. COMMENTS FROM THE ALTERNATES
There were no comments from the alternates.
5. COMMENTS FROM THE AUDIENCE
There were no comments from tlne audience. Chairman McBane wished Margaret $rf(h$~j~d Brownley happy birthday on behalf of the Committee.
6. ADJOURNMENT
The meeting was adjourned at '7:30 p.m.
Respectfully submitted,
BETTY IM. BUCKNER Minutes Clerk
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MINUTES
Meeting of: Time of Meeting: 6:OO p.m. Date of Meeting: July 17, 1989
Place of Meeting:
Citizen's Committee to Study Open Space
Carlsbad Safety & Service Center
1- CALL TO ORDER
The meeting was called to order at 6:lO p.m. by Chairman
McBane. The following members and staff were present:
Members: Courtney Heineman Staff: Michael Holzmil Homer B. Hupf Charles Grimm Kip K. McBane Michael Howes Stephen M. Novak Bobbie Hoder
Julianne Nygaard Kathy Parker Consultants: Alan Recce Wallace Roberts & Todd Fay 0. Round, Jr- Kathy Garcia Cindy Ward Paul Rookwood
Patricia M. White Robert E. Wilkinson Economic Research Assoc Bill Anderson
Alternate Members: Girard W. (Lefty) Anear I Mario R. Monroy
Absent: Carman Cedola Tom Freeman
S. Elaine Lyttleton Stephen M. Novak Margaret' Stanton
2. APPROVAL OF MINUTES
Chairman McBane requested two changes on page 3 of the
May 22, 1989 minutes: (1) paragraph 4, line 2, to read "...that the Open Space Element Update Subcommittee..."; and
(2) item 5, line 2, to correct "Browning" to "Brownley''.
Motion was duly made, seconded, and unanimously carried (10-0-0) to approve the minutes of May 22, 1989 as corrected.
3. UPDATED OPEN SPACE AND CONSERVATION ELEMENT DISCUSSION
Chairman McBane reviewed the method that the subcommittee used for updating the Open Space and Conservation Element. He stated that every part of the 1973 element was compared tc
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July 17, 1989 CITIZEN'S OPEN SPACE COMMITTEE Page 2
the 1988 element and Open Space Committee recommendations in
order to arrive at the version being presented tonight.
Motion was duly made, seconded, and unanimously carried (10-0-0) to accept Faye Round's wording changes as follows: . Page 1, paragraph 1, change line 2 to read,
'I e o o decisions related predominately to the. e e 'I.
Page 1, paragraph 2, change line 2 to read,
'I. . .conservation, acquisition, and maintenance of open space. . . It.
Page 1, paragraph 4, change line 1 to read, "...economic, aesthetic, and environmental benefits...". . Page 1, last paragraph, line 5, replace the word
outstandinq with important to read, ",,..maps identify important recreation...'f.
Page 5, paragraph B.7, change line 1 to read, "TO encourage increased setbacks along...".
Page 21, add the following sentence to paragraph 10, "This list may be added to or modified in the future, as deemed necessary. If
Capitalize the words "open space" throughout the document.
Motion was duly made, seconded, and unanimously carried (10-0-0) to accept Cindy Ward's wording changes as follows:
Page 9, paragraph A.5, change the sentence to read, "...hillsides, ridges, valleys, canyonsP lagoons...".
"...hillsides, ridges, valleys, beaches, canyons, lagoons. e o If.
Page 10, paragraph C.4, change the sentence to read,
Motion was duly made, seconded, and unanimously carried
(10-0-0) to accept Mario Monroy's wording change as follows:
Page 10, paragraph C.8, add a comma and the following words to the end of the sentence, "...with appropriate penalties for violations."
"...or when the City allows a property owner to pay the fee in-lieu. e- I!.
. Appendix, page 3, paragraph 1, change line 3 to read,
Motion was duly made, seconded, and unanimously carried (10-0-0) to accept Lefty Anear's wording change as follows:
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I July 17, 1989 CITIZEN'S OPEN SPACE COMMITTEE Page 3
Page 14, paragraph C.5, line 2, delete the words pool and spa water.
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Motion was duly made, seconded, and unanimously carried
(10-0-0) to accept the element as amended, including the Comprehensive Open Space Network Map showing the larger open space areas and potential locations for linkage of these areas into a future trail system.
4. FINAL REPORT DISCUSSION
The final report was discussed with regard to changing the words "master plan" to "plan" in several sentences on pages 4, 40, and 41. Motion was duly made, seconded, and
unanimously carried (10-0-0) to approve the changes as proposed.
Chairman McBane inquired about the remaining approval process, and Mr. Holzmiller explained the events to occur
prior to the City Council presentation. He stated that the report would appear on an August agenda. The updated element would then receive a public hearing by the Planning Commission as part of the General Plan revision.
Chairman McBane requested the City Council presentation be made, if possible, during the second or third week of August so that all members of the Committee will be in town and able to attend.
Julie Nygaard gave a brief report on the progress of the video being created by Cablevision through the grant process.
Motion was duly made, seconded, and unanimously (10-0-0) carried to approve oral presentation of the Final Report to the City Council by Open Space committee members McBane, Round, Heineman, Nygaard, and Wilkinson.
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I 5. COMMENTS FROM ALTERNATES
There were no comments from the alternates.
6. COMMENTS FROM AUDIENCE
There were no comments from the audience.
7. ADJOURNMENT
The meeting was adjourned at 7:11 p.m. I
Respectfully submitted,
BETTY M. BUCKNER I Minutes Clerk
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SECTION V
I C. COMMENTS/lNPUT FROM PUBLIC
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I Bill Hofman.. . c- 4
I Carlsbad Arboretum Fdn.. . c- 77
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TABLE OF CONTENTS
PAGE
Transcription from flip chart
Public input session ... c- 7
Writfen Comments
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Eugene G. Carl,.. c- 3
Nora La Corte ...
Transcription of Presentation
Reprint of Public Opinion Survey provided by the
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1 OPEN SPACE COmIlTEE
I PUBLIC INPUT SESSION - APRIL 1, 1989
TRANSCRIPTION FROM FLIP CHART I
I 1. REGARDING SAMMIS PROJECT n a. Setback from bluff
I b. Trail
c. E.I.R. requirements
OPEN SPACE ALONG SHORELINE BETWEEN PALOMAR AIRPORT ROAD AND BATIQUIT
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2. R LAGOON.
1 3. NOT TOO MUCH FLEXIBILITY.
NOTE: ATTACHED ARE WRITTEN COMMENTS RECEIVED FROM INDIVIDUALS IN ADDITION -
THOSE PRESENTED AT THE MEETING
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1. Nora La Corte
II 2. Gene Carl
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OPEN SPACE COMMITTEE - CITIZEN INPUT (APRIL 1)
(1) Open space areas are often unbuildable steep slopes left to be a fire hazard due to brush. When hrush is finally cut
(i.e, after a brush fire) the large cuttings are left on the ground o
Faulty reasoning uses the natural cycle ainalogy -although the
system has been disrupted, due to building houses too close to open space. In nature, brush fires may occur every few years to revitalize an area. Such fires may kill people
living in an overbuilt La Costa.
Please recommend cuttinq and removinq brush by May 1, every year and proper landscaping by develoDers (not by overburdened homeowners or homeowner associations). Note: Proper
landscaping is drought tolerant and does not promote slides - like heavy ice plant - as well as being fire retardant.
(29 slOpenlo space -fs closed by h.omeowner associations due to liability (e. g, coyotes, rattlesnakes, gopher holes, fire danger, etc. ) and insurance costs. Open space should be real.
(3) Leo Carrillo Ranch should be natural (e.g, hiking, bird sanctuary, not commercial (e.g, Disneyland).
NORA LA CORTE, PHD
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U STEWARDSHIP b ECO HYBRIDIZATION
A broad conceptual interpretation of conservation
1. Preserve the land
a. soil conservation - erosion control b. reconstitute soil retention measures
2. Beautify the land
a. drought tolerant trees and plants b. retain native vegetation in areas over 50 acres
Encourage agricultural use of open space including tr. planting, nurseries, etc.
4. Limit fuel for fires, rodent buildup, and alien use ( native coastal sage habitat areas
5. Open area maintenance protection
II c. discipline all development run-off water
3.
I a. organized use only (park-like)
6. Scenic areas, buffer zones, greenbelts, visual relie:
and such will all be developed and maintained by owner: special tax assessments, etc.
EUGENE G. CARL Lone Pine Nursery
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fv 1%
,& ?WF'
!F 0 F V A % ?!AN N I N G ASS 0 C I ATES __ __-- ___
PI 3:: 'k~~,e-;ei: Fiscal Anaivs s
Presentation to the Citizen Committee to Study Open Space
Public Workshop - April 1, 1989
Carlsbad City Council Chambers
Thank you members of the Citizen Committee to Study Open Space. My name is Bill Hofman of Hofman Planning
Associates with addresses at 2386 Faraday Avenue, Suite
120, Carlsbad, California.
First, I would like to thank. you for the opportunity to
provide you with my input. I have attended most of your meetings and I think you should be complimented on your
ability to understand the many complex issues related to
open space in such a short time period.. Also, I believe your staff and its consultants have done an excellent job
of presenting these issues in an easy to understand manner-
Today, I am here to discuss the City's OIOpen Space Map." Specifically, I want to address its usefulness as a precise
planning tool in implementing the City's open space regulations.
I have a slide presentation to demonstra.te two key points:
1. The "Open Space Map" is useful as a general, graphic representation of existing and future open space; and
2. The "Open Space ]Haptg is E& a good tool for
accurately defining open space boundaries, nor
is it useful as a precise planning document.
I will try to make this clear in my slide presentation. At the conclusion of the slide presentation, I would like to
offer the committee some recommendations; regarding the open
space map.
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2386 Farads) Suite 1 20 = Carlsoad m CA 92008 [E191 438-1465
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Slide Presentation Narrative
zom 7
1. "Open Space Map,1* - Zone 7
This series of slides of Zone 7 demonstrate show hot the open space boundary lines were derived. Withir this zone, the open space boundaries were not basec on actual open space or constraints, but instead, it was based on a very general open space map adoptec as part of the Calavera Hills Master Plan in the
1970)s.
2. Southeast Corner of Zone 7 "Open Space MaD" (blot !a
The example I want to show you is the open space finger in the southeast portion of Zone 7. Please notice on this map the configuration of the ope1 space finger and the alignment of College Blvc throush this finger.
3. Oriffinal Calavera Hills Master Plan Open Space Map
This is the map that was used to determine the boundary of the IIOpen Space Map." This is an 8 1/2' x 1lVt exhibit contained in the Calavera Hills Mastei Plan text.
4. Calavera Hills Master Plan 0. S. Map - Close UP oj
the Southeast Area
From what I have been able to determine, this map 1:
not based on any hard topographical data or fielc investigation. It is merely a graphic
representation of open space areas as envisioned b! the Master Plan. The lines are not accurate, no1 were they intended to be.
5. Zone 7 - General Plan Land Use Map - Close Up of tht Southeast Area
This is the General Plan Land Use Map of the samt area within Zone 7. Notice the change in tht configuration of the Open Space boundary and thc fact that College Avenue is no longer shown goinc through the open space finger area.
The General Plan Land Use Map for Calavera Hills wa: prepared after the adoption of the Calavera Hill: Master Plan.
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6. Southeast Corner of Zone 7 "Open SDace Mapt1 (blow m - (Same as Slide No. 2)
I believe this series of slides of Zone 7 shows the potential inaccuracies of the vtO]pen Space Map." It demonstrates the point that it is not a precise planning tool and the boundarYLes should not be considered definitive.
7. Field Slide of the Area in Proximity - to the Open
Space Finaer in Southeast Zone 7.
In the field, the closest landform to the map
depiction is this mesa. Unfortunately, this mesa isnft even close to the area s'hown on either the
General Plan Land Use Map nor the "Open Space Map."
The point I am trying to make is that not until you
are at a project level can precise open space boundaries or relative open space worth be determined.
zom 12
8. Zone 12 - "Ox>en SDace Map"
The next area I would like to discuss is Zone 12
located in the Southwest portion of the La Costa Master Plan, The two specific areas I want to address are:
1. The major Riparian Woodland in the west central
portion of the Zone; and
The Open Space Corridors in the eastern portion
of the Zone.
9. Field Slide - The Riparian Area lookina from the
East towards the West
As this slide showsl the Riparian area within Zone
12 is quite extensive.
10. Field Slide - The RiDarian Are#a lookins from the
2.
West towards the East
This is the same Riparian area looking towards the
east d
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11. Field Slide - Close ux, of Rix,arian Veqetation
The Riparian Woodland is very dense and lush and it a significant biological and wildlife habitat.
12. Zone 12 - "ODen Sx,ace Max," - Close Up of maiol
Rix,arian Woodland
Here is the Riparian area as depicted on the I1Opei Space Map." Notice the more precise line drawinc along its southern boundary and the looser linc drawing along the northern boundary.
13. Zone 12 - General Plan Land Use Max, - Close Up oj
major Riparian Woodland
This is the existing General Plan land usc designations for this area. Notice:
a. The Riparian area is not considered a prominen1
b. The northern boundary of the Riparian closel: follows the IIOpen Space Map" while the souther: boundary, although drawn more precisely, doe, not match the General Plan.
The riparian boundaries on the "Open Space Map; therefore, was derived from two different sources one of which appears more accurate than the other.
I feature on this map,
14. Zone 12 - Aerial Photoqraph of Zone 12
This aerial photograph shows the boundary of thc riparian area as it actually exists. The souther] boundary matches closely the boundary of the "Opei Space Map.#' The northern boundary, however, shows l larger amount of riparian area than is shown on thc "Open Space Map."
15. Zone 12 - Constraints Max,
This is a more detailed constraints map of the area This shows more exactly the boundaries of th. riparian area and demonstrates that the IlOpen Spacc Map" was inaccurately drawn.
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16. Zone 12 - ItODen Space MaD"
Again, this slide shows the loss of the riparian open space area on the Flopen Space Map.tt
Also, notice the open space corridors north of the
riparian area and in the eastern portion of the
site. These were derived from the existing General Plan Land Use Map. At one time, these corridors were to be part of an overall. pedestrian trail system as a part of the La Costa Master Plan.
17. Zone 12 - Field Slide of Amroximate Location of Open Space Corridor
This is approximately the area of the Open Space
corridor. As you can see, there! is no discernible
unique, physical feature here that would indicate an open space corridor.
Again, I believe these slides of Zone 12 question the usefulness of the 'UOpen Space Mapt1 as a precise planning tool. Flexibility is needed when interpreting this map.
18. Zone 12 - l'Open Space MapvB Eastern Area
The other area in Zone 12 I want to discuss is the Eastern portion in what is known as the SW Phase I. This is to show you how the h.istory of planning actions has resulted in some of the open space boundaries on the IlOpen Space Map."
19 0 Zone 12 - General Plan Land Use Ma&
The open space corridors align pretty much with the General Plan.
20. La Costa Master Plan Ooen SDace Exhibit, dated 1980
This is an early version of the La Costa Master Plan Open Space Map. This is where many of the open space boundaries in La Costa were derived from.
21, La Costa Master Plan - Blow UD of Southwest I
Notice that the open space corridor lines match
exactly with the Generalt Plan. As you can see, this corridor was intended to be a trail system. There
was no other thought given to the location than as a boundary between two neighborhoods;.
This shows how the Open Space map in several places was derived from outdated Master Plans that are not
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relevant to existing conditions.
22. Zone 12 - Constraints Mar, - Blow Up of Southwest I
What the ttOpen Space Maptf does not include, however, is a fairly significant riparian area shown on this
constraints map. Since it wasn't on the General Plan Map it did not get placed on the Open Space Map. I 23. Field Slide of Riparian Area in Southwest I
As you 'can see, it is a significant woodland area
that is being preserved under the proposed Master Plan.
The point that I am trying to make here is that the
Open Space Map contains many inaccuracies, omissions
and errors. Much of it was derived from outdated Master Plan Exhibits. It should not be locked intc concrete and used as a precise planning tool. Its purpose should be to graphically depict areas that can later be looked at more precisely when a project is proposed. Precise definition can come at thE project level.
24. Zone 24 - ItODen Sr,ace Maptt
Very quickly, I want to show other inaccuracies anc
inconsistencies of the I'Open Space Map." This is the ttOpen Space Maptt for Zone 24. This open spacc depicts the YMCA property. Notice the band ol
developable land shown within this open space area.
25. Zone 24 - General Plan Land Use Map
Here is the difference on the General Plan. Noticc that the boundaries do not coincide at all.
26. Field Slide of the YMCA Propertv
Here is property from El Camino Real.
27. Field Slide of the YMCA Property
This is the Grove. From a topographical an(
biological point of it is hard to determine wh:
there is a difference between the ttOpen Space Map' and the General Plan Map.
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So based on my research, I would o;Efer the following recommendations:
1. Do not set the Open Space Map in concrete.
At its present scale, it just cannot be accurate enough to be used a precise planning tool. Hopefully, I have demonstrated this to you today.
2. Develop precise written definitions of Open Space and apply these definitions on a project by project
basis.
It is at the project level that (exact boundaries of
Open Space can be determined, arid proper tradeoffs
can be made, This leaves the precise definition of
open space to your experts, the Planning Staff and
the draftsman.
3. With reaard to definitions, I would recommend those
contained in the Citv’s Open Space Ordinance and the Growth Manaaement Ordinance.
These two ordinances c:ombined, :I believe, are the most restrictive open space regulations in the State of California.
4. With respect to chanaes in the Open Space Boundaries, I would recommend the followina:
A. General Plan Open Space - Significant changes to General Plan Open Space should be done by a General Plan Amendment. The staff, however, should be given the flexibility of modifying the General Plan Boundary lhes when reviewing individual projects where minor changes of less than 10% are required to conform to actual open
space features.
B. Environmentally Sensitive Open Space areas
shown on the map should only require
administrative changes if, at a project level, it can be shown that the changes result in more
accurate boundary lines. Also, staff should be
given the ability to trade off bad or insignificant open space for good or significant open space.
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Reprinted from State of California, Parks and Recreation Public Opinic IC, 1987-
Table 1
OUTDOOR ACTIY ITY PARTICIPATION (1987 SURVEY) (Figures are Annual )
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How Percent Average Days Parti (
Parti ci pati nq Per Participant Days (r
8' 4 Walking
Vi siting museums, ZOOS, etc. a Beach activities 67.9 24.5 6
Picnicking - developed sites 64.4 28.1 6 Use of open turf areas w Swimming - lakes, rivers, ocean
Attending sports events Attending cul tural events 1 Camping - developed sites
Fr es hwat er fi shi ng
76.6% 52.5 Days 14'
72.0 10.1 3'
64.4 14.4 3
59.0 18.8 4
50.4 16.2 2
49.7 7.9 1
46.1 12.5 1,
36.3 19.5 1
Driving for pl easure 75.6 33.4
Birdwatching, nature study 47.4 23.4 3
Trail hi ki ng/mountai n cl imbi ng 37.7 10.0 1
Play equi pment/tot 1 ots 34.0 24.7 3
Softball, basebal l 25.6 21.0 1
1 Swimming - pools 31.1 31.5 3
S1 edding , snow play , ice skating . 25.0 7.6 1 Campi ng - primi ti ve/backpacki ng 24.9 10.4
Bi cycl i ng Power boating 19.8 16.6 [ Saltwater fishing 18.5 13.7
Downhill skiing 17.5 8.4 1 Kaya ki ng , rowboa ti ng , etc. 15.7 7 .2
Four-wheel dri vi ng 14.3 23.1
Off-road vehicl es 13.0 22 .4 I Horseback riding 12.5 16.3 Hunti ng 12.2 15.0 I Sailing, windsurfing 10.3 11.5
Cross-country ski i ng 9.5 6.3
Football 9.1 15.8 7.4 43.8 1 "sxg 4.1 25.7
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23.0 32.9 4
Tenn i s 17.6 21.4 1
Go1 f 16.4 30.7 1
Water ski ing 14.6 12.0
Joggi ng/runni ng 12.6 58.3 5
Bas k et ba 11 11.5 23.1 1
1 Target shooting 14.0 9.4
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Tab1 e 2
RESULTS OF RECREATION NEEDS ANALYSIS
Index of Latent Pub1 ic Support Demand Priority 1 for Fundi nq Index
Camping - devel oped sites 18 o 37 Visiting museums, zoos, etc. 16.63 16.12
Mal ki ng 15.54 15.11 Pi cni c ki ng 1'4.22 11.46
Attendi ng outdoor CUI tural events 11.36 12.68
Bicycl ing 11.11 11.62
25 e 50
Beach activi ti es 11.28 10.07
%irdwatching/nature study 119.97 10.21
Priority 2
Camping - primitive areas/backpacking 13.02 8.50
Use of open turf areas 12 e 60 8.50
Priority 3 .
Freshwater fishing 18.53 10.10
Priority 4
Swimming - lakes, rivers, ocean 9.24 9.40
Trail hi king/rnountain climbing 13.84 8.40
Swimming - pools 6.71 6.93
Driving for pleasure 5 -22 8.13
Priority 5
None
Priority 6
Mon e
Priority 7
Play equipment, tot lots '3 e 42 4.?1
Priority 8
Attending sports events :3 -4.7 6.69
Horseback riding 2.70 7.98
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Index of Latent Pub1 ic Support Demand 4 Priority 9 for Fundirrg Index
Hunting 3,35 3.30
Off-road vehicl es 3.10 3.30
2.91 4.00
3.44 Go1 f 2.86 Sal twat er f i shi ng Tar get s hooti ng 2.53 3.23
Four-wheel driving 1.84 2.04
1.77 2,94 Basketball Softbal I, baseball 1.60 2.13 Power boating 1.43 2.16 Sledding, snow play, ice skating 1.39 1.44
1.36 1.54 Soccer 1.28 2.64 Tenni s Kayaking, rowboating, etc. 1.11 2.48
1.09 3.40 Downhill ski ing Water skiing 0.91 3.03 Cross-country skiing 0.77 1.76
0.52 3.03 Sai 7 boati ng/wi ndsurf i ng Football 0.42 0.44 I Surfing 0.22 0.39
I (Legend: .OO - 4.95 = Low Priority 4.95 - 9.4 Over 9.9 = High Priority)
Joggi ng/runni ng 4.70 3.75
= Medium Priority I
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SECTION V
15 D. LIST OF APPROVED MOTIONS
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I Updated: 5/23/8
I OPEN SPACE COMMITTEE ACTIONS
MARCH 22, 1989
b To recommend that the existing City policy of encouraging
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combination of both public and private open space be continue and that it is not necessary for open space to be entire1
provided by the public sector. (15-0-0)
b The committee, in its final report, include a recommendatia
that the City Council direct staff to conduct an in dept
study (to be completed no later than year end 1989) on th
feasibility of a publicly accessible, primarily pedestria
(with bicycle use where feasible), citywide, interconnectin trail system or as extensive a system as is possible if a interconnecting system is not possible. (15-0-0)
b When studying the trail system, staff include all possibl linkages throughout the City; that the natural trail syste
be linked to other trail systems (using public sidewalks an
walkways, if necessary) to create continuity whereve
possible. (14-0-0)
b The committee strongly endorse the concept of a citywide
interconnecting trail system, subject to the results of
study in furtherance of that idea. (14-0-0)
b There be no bias in the continuity and homogeneity of tk: trail system and that it be sensitive to local environmenta concerns. (14-0-0)
The trail system be designed to serve recreational as well a
non-automotive transportational purposes. (14-0-0)
b To recommend linkage of the trail system from majc
recreation/open space areas to other types of activity, i.e
employment, schools, libraries, and viewpoints. (14-0-0)
b
APRIL 1, 1989
b The City's open space map be used as a conceptue
representation of open space intentions in the City. (15-C
b That staff be given the flexibility to add to the open spac map new open space areas which may be created 1 circumstances. (14-0-0) (Cedola opposed.)
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b To adopt paragraph 2 (A through E) as shown on pages 2 and 3 of the staff report regarding proceduries for amending or deviating from open space boundaries. (14-0-0) (Following
is the text.)
A formalized procedure should be created for adjusting the boundaries of any open space area shown on the map. Findings
required for the approval of a boundary adjustment to the map
could include the following:
A. The open space area is of equal or greater area; and
B. The open space area is of equal or greater environmental
quality; and
C. The boundary modification is made in order to provide an enhancement to an environmentally sensitive area; and
D. The adjusted open space is contiguous or within close
proximity to the open space shown on the Open Space Map.
E. The City Council may also modify thLe boundary location
shown on the Open Space Map if it finds that the
modification is necessary to mitigate a sensitive
environmental area which is impacted by development
provided the boundary modification preserves open space
at a 2 to 1 ratio and is within close proximity to the
original area of open space.
As detail becomes available on open space areas that precise
information be depicted on zone maps and that the City's open
space map be updated to reflect that additional level of
detail a (14-0-8)
b
APRIL 12, 1989
rw Approved a definition of open space (see! attached) with the
Paragraph 1, second sentence - Replace the word 'fIt'v with
following changes:
(a) "The open space. In
(b) Paragraph 2 - Add the words "trees, forests, 11 so that the
sentence reads, f* e ., .preservation of trees ,, forests, plant, and
animal life, including..e'v
(d) Paragraph le - Add the words "and c:anyons1t so that the
sentence reads, "Hillsides, slopes, and canyons necessary
for. . . f9
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(e) Paragraph 4a - Add a phrase to the end of the sentenc
so that it reads, l@...cultural value, including significan
geological, paleontological, and archaeological areas.@@
(f) Paragraph 5a - Add the words t@floodplains@@ so that th
sentence reads, @I... unstable soils areas, watersheds
floodplains, areas...'@ (15-0-0)
b After discussion, motion was duly made, seconded, and Carrie
(12-3-0) that, to the extent it is practical, standards fc
open space be established by type of open space rather tha
the general category of open space.
APRIL 26, 1989
b That rather than many small pockets of open space, to try fc fewer but larger areas since open space will @'appear@@ to k more if development is clustered and open spaces are large
and linked. (13-0-0)
That a certain percentage of land next to sensitive (ripariar
areas should be designated to act as a buffer. (13-0-0)
b Recommend the creation of natural and man-made links betwec
open space areas to give the visual (and real) perception c
large open space areas, facilitate a trail system, and provic
viable habitat areas. (8-5-0)
That the open space list on pages 2 and 3 of the subcommittc
report constitute a basic inventory listing in the City whic could be added to or modified in the future. (12-1-0) Te,
as follows:
b
b
Type of Open Space Quantity Now Quantity/Build Out Goal
- Ecol ogi cal Preserves - Streams - Lagoons, active: skiing wind surfing canoeing - Lagoons, passive
- Beaches: ocean
- Hi 11 sides/canyons - Wood1 ands
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II - Equestrian facilities
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Type of Open Space
- Agricultural : F1 ower f i el ds Greenhouses Hort i cul ture Field Crops - Aquaculture - School Grounds
- A. Pks/Rec. Public: soccer tennis go1 f picnic softball play apparatus football basket ball sw i mm i ng handball skateboarding
- B. Pks/Rec. Private: soccer tennis go1 f pi cni c softball play apparatus football basketball sw i mm i ng hand ball skateboarding
- Utility Easements - Rai 1 road Corridors - Arterial Setbacks - Trails: wal king bi ki ng/skate bd & roll er equestrian
publ i c private
publ i c private
- Campground:
- Golf Courses:
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- Historic Areas - Paleontological Areas - Geol ogi cal Areas (uni que) - Greenbelt Buffers
b That there be an annual review of the methods and programs fc acquiring parks in the City of Carlsbad includinc specifically, but not limited to, the Quimby Act standards ar the park-in-lieu fees. (12-1-0)
That the City adopt precise written definitions of the varioi forms of open space including visual corridors. As examples specific areas should be identified within the City to me€ these definitions. (12-0-0)
b To revise and amend Open Space Ordinance No. 9795 to (1) mol precisely identify and define lands considered e
undevelopable, (2) include provisions for buffer areas arour sensitive lands, (3) define the word significant, and (d include specific conditions and restrictions on nor residential development, (12-0-0)
That in order to protect open space by increasing the public' perception of it as a valued resource, the City shoul identify existing open space for potential enhancement I increase its habitat, visual, or physical values. (12-0-0:
b Any agricultural land that in the future can be changed frc agriculture to a non-open space use shall not be counted i open space. (12-0-0)
b That any grading, grubbing, or clearing of vegetation : undeveloped areas should require a City permit approved by tl Planning Director, (11-1-0)
b The Open Space Ordinance should define the City responsibilities to monitor the full development/constructic process from beginning to end. (12-0-0)
b
b
MAY 1, 1989
b Strive for a balance of visual, passive and active open spa( uses within each of the four quadrants of the City. (15-0-(
b The degree of improvements recommended for open space arei should depend on the type of open space and the use propose( For example, improvements in active areas such as communi1 parks would be more complex, Improvements for passive arei such as trails would be minor in comparison and include itei I
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such as pathways, benches and trash receptacles. No improvements should be made in environmentally sensitive
areas, except to enhance the environmental value of the area.
(15-0-0)
Encourage public access to all open space areas except where
sensitive resources may be threatened or damaged, OF where the
public health and safety may be compromised,
t The City should acquire, protect or negotiate for public
access to lands that could be used for passive recreational
uses. (15-0-0)
t Encourage the development of c:ul tural/educational amenities
within open space areas such as botanical gardens, interpretive centers, and arboreta. (15-0-0)
Continue to pursue a high quality active community park system within appropriate open space areas. (1!5-0-0)
t Obtain appropriate user fees from non-residents utilizing
Carlsbadss active recreation facilities. (15-0-0)
Passive recreation areas should be distributed throughout the
four quadrants of the City and should be separate from active
recreational uses where possible. (15-0-0)
t The feasibility study to be prepared for a unified trail
system shall include, but not be limited to, an analysis of cost, options for financing, lialbility, ownership,
maintenance, possible trail locations and linkages, and the types of trails needed for different arelas. (15-0-0)
h The City should participate with other north county communities to establish an inter-community open space
linkage. (15-0-0) .
b Trails should be encouraged near or adjacent to
environmentally sensitive areas, with appropriate buffers
and/or fencing. (15-0-0)
Trails should be sensitive to surrounding land uses and should
normally be placed ata significantly different elevation than
adjacent residential uses. (15-0-0)
t Rather than purely recreational use, trails should also
provide a means of pedestrian transportation between
residential and commercial areas. (15-0-0)
t When trails are proposed or required the City should obtain an irrevocable offer to dedicate or a permanent easement for
trailways where feasible. (15-0-0)
b
(15-0-0)
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t Utilize open space to delineate the City's boundaries and t buffer major land uses within the City.
Identify and acquire, where feasible, higher topographic area suitable as panoramic viewpoints for public use, (i.e, Mt Soledad. ) (15-0-0)
t Encourage the preservation of highly visible agriculture
areas that are particularly suitable for flower productior
and where economically viable. (15-0-0)
t Visually attractive or high quality natural areas should 1 acquired, protected and preserved whenever possible. (15-C
Natural open space areas should remain in as natural state E
possible. (15-0-0)
t Identify, acquire, and protect natural open space arei
visible from public gathering places in order to help creat
a more rural atmosphere in an urban environment, (15-0-0)
Identify scenic routes to public open space with sensitivit to increased traffic in residential areas. (14-0-0)
Land area that otherwise qualifies for measurement towards tl
standard but which is not available without some monetary (
other consideration for use by the general public will 1
considered as meeting only a certain percentage of tl
performance standard, that percentage to be determined by tl
adoption of a new City standard. All other land area whic qualifies for measurement towards the performance standai will be given 100% credit towards those standards. (14-04
t City Council establish an Open Space Commission which cou:
work in an advisory capacity, including a staff member, 1 review and address the many issues pertaining to open spac
including, but not limited to, definitions, designations, ai potential map changes. The Commission's responsibilitic shall also include:
(1) An advocate for open space;
(2) Community representation to the Planning Commission ai City Council;
(3) Continue to develop and revise open space policies l
defined by the City and the open space ordinance;
(4) Monitor implementation of open space policies:
(5) Recommend priorities , for open space includi acquisition, use, and maintenance programs, on an annu basis; Set and refine guidelines for specific project review
(15-0-0)
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and shall be established coincident with termination sf the
interim open space ordinance. (14-0-0)
MAY 10, 1989
b Zone plans, major development applications and applications
involving potential linkage should address trails and trail
interconnection opportunities on proposed plans. (12-8-0)
b The City develop a cohesive policy and master plan setting forth open space goals and guiding acquisition, maintenance
and financing. (12-0-0)
b Powerline easements shall not be counted towards meeting the
15% open space standard. (7-5-0)
b Major powerline easements willt receive partial credit when
they are enhanced or improved and provide key links in the
trail system, The extent of credit shall be determined by a
new standard, (10-2-0)
b Private golf courses will receive partial credit in meeting
the performance standards only if signif.ieant visual benefit
is determined, The extent of the credit shall be determined
by a new standard. (10-2-0)
b Whenever feasible, natural and man-made links should be created between open space areas to give the visual (and real)
perception of large open space areas, facilitate a trail
system, and/or provide viable habitat areas. (12-0-0)
MAY 15, 1989
b As a policy statement, new development should support at least the open space needs of the occupants of its projects, (12-
b In support of the above policy, exactions from new developments should include, but not be limited to, legislative protection, Quimby Act funding, park-in-lieu fees, industrial recreation fees, setback requirements, the
provision of essential improvements, and the adoption of appropriate Local Facility Management Plans d Master Plans, and Specific Plans. (12-0-0)
b Recognizing that certain elemeints of the proposed open space
plan and public trail system may not be available through
exactions, and may therefore require other forms of
acquisition, maintenance or financing, the Committee
recommends that, to the maximum degree possible, those
benefitting from the acquisition or improvement provide
0-0)
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funding in direct proportion to the benefits derived. (12-0
0)
The City should promptly create a trust or other mechanism t facilitate private donations for open space acquisitions protections, improvements, or maintenance. (12-0-0)
The City should create a program for identification of privat donations with specific open space acquisitions, protections improvements, or maintenance in order to encourage privat participation as a funding mechanism.
b Where public funding is necessary for new open space i
llbuilt-outll sections of the City, the Committee feels tha
General Obligation Bonds are a highly desirable source o funding in that they: 1) generate new revenues; 2) spread th cost of such acquisitions over the widest possible base; an
3) match the financing with the long-term nature of the asse being acquired. (12-0-0)
The Committee believes that the likelihood for voter approva
of a General Obligation Bond issue by the required two-third majority will be enhanced in proportion to the number c voters who will benefit from the issue and in proportion t their benefit. The Committee therefore recommends that an
General 051igation Bond issue placed before the voters propos
a well-balanced acquisition program, providing a variety c
open space opportunities spread throughout the community
Recognizing that the two-thirds majority required to approt issuance of General Obligation Bonds has traditionally bee difficult to achieve, the Committee recommends that othe funding sources also be considered.
b None of the Committee's recommendations are intended, nc should they be construed, as authorizing the City to exercis its power to adopt, amend or repeal an open space c
conservation zoning ordinance in a manner which will take c damage private property for public use without payment of jus compensation therefore. These recommendations are nc
intended to increase or decrease the rights of any owner c
property under the Constitution of the State of California c of the United States. (12-0-0)
A graphic, conceptual representation of the City's Open Spa(
Plan be prepared incorporating a comprehensive linked systt
of Open Space. The diagram would include the followii
features:
b
b
(12-0-0)
b
(12-0-0)
b
(12-0-0)
b
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1. Identify the larger, publicly-dedicated Open Space areas,
community parks and potential sites which would be linked
together by the network.
2. Identify existing Open Space linkages.
3. Identify additional potential linkage routes. These
potential links would help to complete the overall network and could be used for trails,, natural Open Space buffers and peripheral greenbelts.
4. Identify potential linkage points with adjoining cities.
It is recognized by the Committee that t:he potential linkage
routes would not be precise locations and have not been
preserved as public Open Space. It is proposed that these
links be obtained through compliance in meeting the City's
Open Space performance standards or through other means of
public acquisition or protection,
Public streets rights-of-way or major powerline easements
shall be used for linkage in the network only if it is
determined that no other desirable alteirnative is available
to the City without public purchase. Consideration should be
given to safety and aesthetics. (12-0-0)
MAY 22. 1989
w All land set aside as Open Space that can be mapped, shall be zoned Open Space, (14-0-0)
At the time of any discretionary approval, any land set aside
for its habitat or scenic value shall have an appropriate
easement placed on it for resource protection. (14-0-0)
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SECTION V
II E MATRIX OF COMPARISON WITH OTHER CITIES
Ouen %ace Element (Date Adopted I Parks and Recreation/Recre3tion ,,k,,nt
Parks Master Plan
Hillside Ordinance
Constrained Lands Ordinance
Ouen Suace Ordinance
Ouen Suace Zone
Ouen Suace Map (Seuarate from Land Use MaD)
Areas Totallv Prohibited from Develoument
Ouimbv Ordinance
Public Faciiities Fee for ODen Space/Parks
I Growth Management Ordinance
Resource District Conservation Ordinance
Wetland Preservation Policies/Measures
Rideteiine Protection Policies/Mensures
A nriculture Protection Pol icies/Mensures
Floodplain Protection Policies/Measures
Coastal Zone Protection Policies/Measures
Permit Processing Brochures
Area (Sauare Miles)
Pouulntion Now (000’s)
Build Out Year
0 Postive - Negative
Information Not A * City Built Out Air
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Figure 2 - COMPARATIVE STUDIES hlATRIX I E-1
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SECTION V
B F. FINANCING MATRIX
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