HomeMy WebLinkAbout1989-12-19; City Council; 10430; WORK PLAN FOR CONSIDERING THE RECOMMENDATIONS OF THE REPORT FROM THE CITIZENS COMMITTEE TO STUDY OPEN SPACEh 1
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?h _I ClmF CARLSBAD - AGENDeILL
AB# /T dyd' TITLFJIORK PLAN FOR CONSIDERING THE RECOMMENDATIONS DE^
STUDY OPEN SPACE CITY
CITY
UF THE REPORT FROM THE CITIZENS COMMITTEE TO MTG. 12/19/89
DEPT. PLN
RECOMMENDED ACTION:
Approve work plan considering the recommendations of he Citizens Comm d~ -lo/' esta Study Open Space. Adopt by 4/5th vote Ordinance No. temporary land use controls to protect open space pending completion of Pt the work plan and set a public hearing for January 23, 1990 to extend the (I to July 1, 1990.
ITEM EXPLANATION
The City Council on September 12, 1989 accepted the Final Report from the Committee to Study Open Space. Staff was directed to return to Council wii plan for doing the studies and analysis necessary to consider the recomme contained in the Report. At that time, the Council also discussed the possi of having ad hoc committees work with staff during consideration recommendations. Attached is the proposed work plan. The work plan incluc recommendations for the use of ad hoc committees if that is the Council's
When the City Council accepted the Citizens Committee Report, the Coun referred a revised Open Space and Conservation Element prepared by the OF Committee to the Planning Commission Subcommittee which is preparing an General Plan. After reviewing the proposed, revised Element, the Commission Subcommittee recognized that it contained policies and progra were inconsistent with the updated Parks and Recreation Element. The Subc felt that these inconsistencies could not be resolved until the studies bc as part of Phase I of the work plan were completed. Therefore, staff Planning Commission Subcommittee are recommending that consideration of thc Open Space Element proposed by the Citizens Committee be deferred until 1
1 studies are completed. The background and reasons for this strategy are c in greater detail in the attached memo to the City Manager from the Director dated November 22, 1989.
Staff and the City Council Subcommittee have discussed this matter Executive Subcommittee of the Citizens Committee to Study Open Space. It that the only way they would feel comfortable with delaying consideratic revised element was if an interim ordinance was prepared. Staff has dr interim ordinance which is attached. In summary, the ordinance contains th features:
1. Prohibits the approval of any development project which would dt amount of open space shown on the open space map recommendec Citizens Committee. Boundary adjustments could be considered i' findings are met as recommended in the Report of the Citizen Cor
Prohibits the approval of any development project which would pre potential linkage of larger open space areas as shown on the "Compi Open Space Network Map" recommended by the Citizens Committee.
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PAGE 2 OF AGENDA BILL NO. /< #yd
3. Requires consideration of the revised Open Space Element recomn the Citizens Committee to be scheduled immediately following the c(
of the studies which are part of Phase 1 of the work plan.
FISCAL IMPACT
Two or three consulting firms will need to be hired to assist staff in c( the work plan. The City Council as already authorized a consultant to prc trail study. The cost for the trail study will be approximately $42,00( already been budgeted. One or two additional consultants will be needed ti the overall financing/acquisition program and the Open Space Management I is anticipated that the work on those two items will cost between $5C $75,000. An estimate of staff time and materials to accomplish the entire 1 would be $50,000. Therefore, the estimate for the total cost of the work p be $140,000 to $165,000.
EXHIBITS
1. Ordinance No. dL-/d/' , including Exhibit "A" (Comprehensive Open Spac
2. Memorandum from Planning Director to City Manager dated November 23,
Map) and Exhibit 'IB" (Work Plan)
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ORDINWCE NO. NS -101
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLS TO PROTECT OPEN SPACE PENDING CONSIDERATION OF THE WORK PLAN TO REVIEW THE RECOMMENDATIONS OF THE CITIZEN'S
COMMITTEE TO STUDY OPEN SPACE AND CONSIDERATION OF AN
UPDATED OPEN SPACE ELEMENT OF THE GENERAL PLAN.
The City Council of the City of Carlsbad does ord
f 01 lows :
WHEREAS, the City Council of the City of Carlsbad apy
a 15 member citizen's committee to review the City's Open
Plans and Programs and make recommendations to ensure consi
with the Open Space Element of the General Plan and to
protect open space lands in the City; and
WHEREAS, on September 12, 1989, the City Council accept
Report from the Citizens Committee and referred the recommend
contained in the Report to staff for consideratio
implementation; and
WHEREAS, one of the recommendations was to consider a I
Open Space Element of the General Plan which included new PC
and programs proposed by the Citizens Committee regardi
iprotection and use of open space lands; and
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WHEREAS, a map was prepared by the Citizens Cornmitt
recommended to be included in the revised Open Space Element
is titled "Comprehensive Open Space Network Map" which grapk
displays the City's existing and proposed future open spacc
and a system to provide linkage between these lands; and
WHEREAS, the preservation of open space and the prot
of unique natural resources and environmentally sensitive 1
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essential to protecting the environmental, social and ecc
values of the City and the health, safety and welfare c
residents; and
WHEREAS, it is necessary pending implementation of th
plan and holding public hearings on the recommendations (
Citizens Committee to impose interim land use controls to
that the public health, safety and welfare are protected by
prohibiting new applications for development which may
conflict with a contemplated general plan amendment anc
adversely affecting open space as shown on the Comprehensiv
Space Network Map; and
WHEREAS, this ordinance is adopted pursuant to S
65858(a) of the California Code,
NOW, therefore, the City Council of the City of Carlsba
ordain as follows:
SECTION 1: No development applications shall be acc
processed or approved which would decrease the size or dimini
environmental quality of open space as it is shown on tl
titled, "Comprehensive Open Space Network Map, City of Car
idated August 9, 1989 attached hereto as Exhibit "A".
boundaries of the areas shown on the map are not precise a
be adjusted if the following findings can be made:
A. The Open Space area is of equal or greater area;
B. The Open Space area is of equal or greater enviror
quality; and
C. The boundary modification is made in order to F
an enhancement to an environmentally sensitive arc
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D. The adjusted Open Space is contiguous or within
proximity to the Open Space shown on the map.
The City Council may also modify the boundary lo shown on the map but only if it finds tha
modification is necessary to mitigate a sen environmental area which is impacted by devel
provided the boundary modification preserves Oper at a 2 to 1 ratio and is within close proximity original area of Open Space.
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SECTION 2: No development applications shall be acc
processed or approved which would preclude linkage of the
open space areas shown on the ttComprehensive Open Space f;
Maptt. The boundaries of the linkage shown on the map a
precise and represent conceptual alignments. Any devel
project located in an area of potential linkage must show 1
project does not preclude linkage.
SECTION 3: No changes in existing ordinances, pol
plans or programs pertaining to open space shall be allowec
would result in less restrictive uses or protection of open I
SECTION 4: Phase I of the 'IWork Plantt to consid
recommendations of the Citizens Committee to Study Open
attached hereto as Exhibit rrBft shall be completed by June,
Immediately thereafter a public hearing shall be scheduled
proposed, revised Open Space Element of the General Plai
necessary in order to ensure consistency, amendments to an]
elements of the General Plan shall also be considered at tha.
SECTION 5: Notwithstanding Sections 1 and 2, final
final parcel maps, building, grading or other ministerial ]
may be approved for projects which on the date of the adopl
this ordinance have received all other final discref
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approvals necessary for the project.
SECTION 6: On or before 45 days following adoption o
ordinance, the City Council shall hold a public hearing to co
extending this ordinance for ten months and 15 days. Thc
Clerk is directed to notice the hearings as required by Gove
Code Section 65090.
DECLARATION OF URGENCY: This ordinance is hereby de
to be an emergency ordinance adopted as an urgency measi
protect the public health, safety and welfare and shall take
immediately upon its adoption. The facts constitutin
emergency are set forth above and represent a current and imm
threat to the public health, safety or welfare and that ap
of additional development which is required in order to compl
existing ordinance would result in a threat to the public h
safety and welfare of the citizens of Carlsbad.
EFFECTIVE: This ordinance shall be effective immed
upon passage and shall be of no further force and effect af
days from the date of its adoption unless extended by thl
Council pursuant to Section 6. Thereafter it shall remi
effect until Phase I of the "Work Plan" for considerir
recommendations of the citizens Committee to Study Open Sp
completed unless earlier repealed by the City Council. Th
Clerk of the City of Carlsbad shall certify to the adoption c
ordinance and cause it to be published once in the Carlsbad J
within 15 days after it's adoption.
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INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Cai
Council on the 19th day of December, 1989.
AYES: Council Members Lewis, Pettine and Larson
NOES: None
ABSENT: Council Members Kulchin and Mamaux
APPROVED AS TO FORM AND LEGALITY
98 VINCENT F. BIONDO, JR., City Attorney /Le L/. 89,
ATTEST:
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.SPACE NETW(
OPEN SPACE,
AND TRI
South Carlshad Beach
T". open space #dell#llsd I, d comPar8te 01 genera1 *.an open IPdCB. app'oved uas1w Plan open space. B"b e" d3r~nmentai~y ~oo~trri~neo MS~S ne dlmenslons ace lsneral and bared 0" ,ne scale 01 !ha milo sre "01 I". !BIDQd to '8prercnl p'eelre 0, legal la"ncar8er
c3 Malar Open Space Areas to be Linked
OrsrprrUYnderpa..
C3n"ecflonr to the iiurmurdmg communit,er
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WORK PLAN
Recommendations of Citizens Committee to Study Open Space
PHASE I
(6 Months - Dec. to May 1990)
TASK 1 TRAIL STUDY
Item 1A - Prepare In-Depth Trail System Feasibility Study
Identify the environmental and planning potential for an interconnect
citywide trail system. Do in-field inspection to determine physical feasibi
Prepare design plan and classification system.
Item 1.B - Interjurisdictional Participation
Explore potential inter-city linkage with other North County cities.
Item 1.C - Determine Acquisition and Development Costs
Provide recommendation regarding the financing mechanism most appropr
for funding system.
Item 1.D - Present Study and a Recommendation to City Council
Item 1.E - Development Project Review Process
Amend application requirements to require all zone plans and developn
projects to address trails if they are located in potential linkage areas.
ASSIGNED TO: OPEN SPP
SUBCOMMITTEE, PARKS
RECREATION SUBCOMMITT
STAFF, CONSULTANT.
EXHIBlT '73''
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TASK 2 GROWTH MANAGEMENT STANDARDS
Item 2A - 15% Open Space Performance Standard
Consider modifications to citywide facilities plan regarding types of 01
space which qualify toward meeting the 15% open space standards of Gro
Management Plan (powerline easements, golf courses, agricultural la
schools, schools, public vs. private use).
Item 2.B - Water Availability Standard
Consider a new Growth Management performance standard for adequac
water availability.
Item 2.C - Solid Waste Standard
Consider a new Growth Management performance standard for adequac
solid waste disposal.
ASSIGNED To: CITIZENS COMMlTI
TO STUDY GROWTH, STAFF.
TASK 3 OPEN SPACE/RECREATION USE STANDARDS
Item 3.A - New Standards
Consider the establishment of standards (Le, acres/population) for all t~
of open space/park and recreation uses using inventory prepared by citii
committee.
Item 3B - Active/Passive Uses
Review existing City policies regarding the degree of improvements in o
space areas and the issue of active vs. passive use and recommend PC
changes if necessary.
ASSIGNED TO: OPEN SPA
SUBCOMMI'ITEE, PARKS A
RECREATION SUBCOMMITT
STAFF.
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TASK 4 OPEN SPACE COMMISSION
Item 4.A - Address role, function and organizational structure of Commissi
Item 4.B - Prepare recommendation or alternatives on Open Sp
Commission.
ASSIGNED TO: OPEN SPA
SUBCOMMITTEE, PARKS AI
RECREATION SUBCOMMITTI
PLANNING COMMISSI<
SUBCOMMITIEE, STAFF.
PHASE II
(6 Months - June to Dec. 1990)
TASK 5 AMENDMENTS TO OPEN SPACE ORDINANCES
Item 5.A - Amend Existing Open Space Ordinance (Ord. 9795)
Develop more specific definitions/requirements for areas prohibited fr
development. Consider application to non-residential land uses, requireme
for buffer areas, placement of open space easements and monitoi
requirements.
Item 5.B - Amend Grading Ordinance
Require special permit for clearing or grubbing of natural, vacant land.
Item 5.C - Open Space Rezonings
Consider rezoning all large, mapped open space areas to the Open Sp
Zone.
ASSIGNED TO: PLANNII
COMMISSION, STAFF.
TASK 6 FINANCING/ACQUISITION
Item 6.A - Determination of Required Funding
Review City's entire Open Space Plan and programs (acquisition, protect
improvements, maintenance, administration) to determine the extent
required public funding.
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Item 6.B - Methods of Funding
Based on extent of public funding, review all available options (Gen
Obligation Bonds, Mello ROOS, Assessment District) and determine
financing mechanism.
Item 6.C - AquisitiodFinancing Plan
Propose a well-balanced, acquisition/financing plan which pro\
opportunities for all geographic portions of the City and which distribute5
burden for funding in direct proportion to the benefits derived.
Item 6.D - Mechanisms for Private Donations
Consider establishment of a trust to facilitate private donations. Crea
program to recognize private donations.
ASSIGNED TO: OPEN SPP
SUBCOMMITTEE, STAl
CONSULTANT.
TASK 7 OPEN SPACE MANAGEMENT PLAN
Item 7A - Prepare an Open Space and Conservation Resource Managen
Plan
Develop a cohesive policy and plan setting forth open space goals
guiding the systematic acquisition, protection, maintenance and financin
open space and providing an organizational structure to implement the f
The plan shall include at a minimum the following:
1. The subjects listed in Part IV of the Open Space and Conserva
Elements - Framework for an Open Space and Conservation Resoi
Management Plan.
Priorities for open space acquisition particularly those which are hi,
visible to the public.
Identify those areas of existing open space which should be considt
for enhancement including cultural/educational enhancements.
Identify scenic routes to public open space.
Methods for acquiring public access to open space areas.
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Item 7.B - Incorporate into Open Space and Conservation Elements
ASSIGNED TO: OPEN SPA
SUBCOMMITTEE, STAF
CONSULTANT AND PLANNL
COMMISSION.
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NOVEMBER 22, 1989
TO: CITY MANAGER
FROM : Planning Director
CONSIDERATION OF REVISED OPEN SPACE AND CONSERVATION ELEMENT
On September 12, 1989, the City Council accepted the Final Repo
of the Citizens Committee to Study Open Space. One of t recommendations was to refer a revised Open Space and Conservati
Element prepared by the Citizens Committee to the Planni
Commission Subcommittee which was updating the General Plan.
The Planning Commission Subcommittee had been meeting for almo one year to update all thirteen elements of the General Pla
Their task was to: 1) reformat all the elements so that they wou have a similar organizational structure and thereby be easier f
the public to understand: 2) make the elements better reflect pla and programs which had been formally adopted by the City Counc such as the Growth Management Plan; and 3) review all the elemen for consistency to make sure that one element didn't contain policy or action plan that was inconsistent with another elemen
After reviewing the revised Open Space and Conservation Eleme prepared by the Citizens Committee, it became evident to t
Planning Commission Subcommittee that the revised element contain
policies and programs which were inconsistent with the updat
Parks and Recreation Element. Some of the areas of inconsisten
include: 1) the proposal for an interconnecting citywide tra
system; 2) the recommendation to develop standards for all typ
of open space/parks and recreation uses; 3) the issue emphasizing active vs. passive use of recreational open space/pa areas; and 4) the administration of open space areas.
Because the Planning Commission Subcommittee's task in updating tl
General Plan was not to resolve policy issues or incorporate plai
and programs not already formally adopted by the City Council, tl
Subcommittee decided on the following processing strategy. TI
revised Open Space and Conservation Element proposed by tl
Citizens Committee would not be considered as part of the pendii
General Plan update that the Subcommittee has been working 01
With respect to the Parks and Recreation Element, the existing 19:
version of the Element would be used for the General Plan updatc
Only reformatting changes and an updated parks inventory would 1
added to the 1982 Element. The studies and analysis necessary.
make policy recommendations on the inconsistencies would then 1
completed. Finally, separate public hearings would be held on tl
new proposed Open Space and Conservation Element and an updatec
revised Parks and Recreation Element when the studies ai
completed.
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CITY MANAGER NOVEMBER 22, 1989 PAGE 2
The schedule for this process would be as follows:
0 Complete General Plan Update - November to February, 1990
0 Complete Studies - December to May, 1990
0 Hearing on New Open Space Element and new Parks and Recreatj
Element - June, 1990
This schedule has been coordinated into the work plan for t recommendations ofthe Citizens Committee to Study Open Space whi
is being presented to the City Council.
Staff has met with the Parks and Recreation Commission a
explained the processing strategy to them. They understood t
issues and accepted the new schedule for processing an updat
Parks and Recreation Element. Staff and the City Council Op
Space Subcommittee (Larson and Pettine) met with the Executi Subcommittee of the Citizens Committee to Study Open Space. appeared that the only way that they would feel comfortable wi
delaying consideration of the proposed, revised Open Space a
Conservation Element was if an Interim Open Space Ordinance w
adopted which would ensure that no development projects
ordinance changes would occur which would preclude the new pla
or program recommended in the Citizens Committee Report from bei
implemented. Staff has drafted such an ordinance which is a1
being presented for City Council consideration.
Submitted by:
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MICHAEL J. HOLZMILLER
Planning Director
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December 18, 1989
Mayor and Members of the City Council
City of Carlsbad
RE: Proposed Workprogram for Revisingthe Oper, Space Elene;
of the Carlsbad General Plan
Dear Mayor and Members of the City Council:
FUTURE is a new organization formed for the purpose c protecting the special qualities of Carlsbad which are rapid7
disappearing. Of highest priority to FUTURE are the open spac
lands surrounding the lagoons, the few remaining agricultural arez and other unique and irreplaceable open spaces in our community.
First, to applaud th
Open Space Sub-committee for proposing a program to protec
important open space resources in the Community. Such a progra was originally called for in the 1973 Open Space and Conservatic
Elements, but to our knowledge, never prepared. The second purpos of this letter is to apprise the Council of FUTURE'S position tha processing of any large development projects (over 4 units and a1 new commercial/industrial complexes) should await the cornpletio of a comprehensive update of the Carlsbad general plan, includinl
the open space and conservation elements.
The purpose of this letter is twofold:
We are informed that the City intends to "update an(
reformat" the general plan early next year. While we believe thal
updating and reformatting the general plan is imperative, we do no1
believe that the process the City intends to undertake i: sufficiently comprehensive or adequately inclusive of the public
A recent request to the City for a copy of the general plan reapec
a stack of seemingly unrelated documents dating back to 1973.
Review of the uocuments revealed a lack of correlation and internal
inconsistencies between the documents. See list of docuntents attached hereto as Attachment A.
State planning law mandates maintenance of a general plan to
serve as a long-term policy document, a llconstitutiongr for development and conservation of the community. State statutes expressly require that the general plan be fully integrated and internally consistent.
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Letter to the City Council Page 2
The State legislature has declared that:
'I. . .decisions involving the future growth
of the state, most of which are made and will continue to be made at the local level, should be guided by an effective planning process, including the local general plan,
and should proceed within the framework of officially approved statewide goals and policies directed to land use, population growth and distribution, development, open
space, resource preservation andutilization, air and water quality, and other related
physical, social and economic development factors." Govt. Code Section 65030.1.
Absent the existence of an adequate and integrated gener plan document which we did not receive from the City, we belie
that the CityPs general plan is inadequate and that a comprehensi
update of the general plan is required. Concurrent with t
update, an environmental impact report should be prepared! whic
among other requirements, analyzes possible alternatives to t
proposed general plan contemplated by City Staff. Also, becau the City currently lacks a legally adequate general plan, FUTU
proposes that the interim ordinance under consideration fl
protection of future trail links should be extended to include a major projects in the City, and particularly those projects whi threaten open space areas.
For the reascns stated herein, FUTURE respectfully reques that the City Council proceed with the update of the Open Spa1 Element, but that the update be completed concurrently with i. update of the entire Carlsbad general plan. We further reque::
that the City Council approve an interim urgency ordinanc
postponing the processing and approval of all large projects untj
a legally adequate general plan has been adopted by the Cit
Council.
Thank you for your attention to this very important matter
Very truly yeurs,
e e +
L IS .
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ATTACHMENT A
City of Carlsbad General Plan Elements:
1. Goals and Policies
2. Open Space and Conservation Elements 1973/88
3. Land Use Element 1974/83
4. Housing Element 1985
5. Scenic Highways Element 1975
6. Arts Element
7. Circulation Element (undated)
8. Safety Element 1975
9. Noise Element 1975
10. Parks and Recreation Element 1982
11. Public Facilities Element
12. Carlsbad Village Redevelcpment Plan 1981
13, Agua Hedionda LUP 1982
14. Design Manuals (Part of GP?)
,.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carls-' bad will hold a public hearing at the Council Chambers, 1200 Elm
600 P.M. on Tuesday, December 19. 1989, to hear the WorkPlan for con- sideration of the recommendations of the report from the Citizens COm- mittee to Study Open Space and to consider adopting an interim ordi- nance establishing temporary land use controls to protect open space pending completion of Phase 1 Of the Work Plan. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions, Please call the Planning Department at
438-1161. If you challenge this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in Writ-
the City of Carlsbad at or prior to the public hearing. Applicant: City of Carlsbad CARLSBAD CITY COUNCIL CJ 6006: December 8,1989
Avenue, Caylsbad, California, at December 8 .................................
.................................
.................................
.................................
ten correspondence delivered to .................................
I certify under penalty of perjury that the foregoing
correct. Executed at Carlsbad, C unty f San Diel California on t%e 8?h
day of December, 1989&,
Clerk of
#202-2M-12/87
c m w *-
I v .I v
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will t a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, Califorr at 6:OO PM., on Tuesday, December 19, 1989 to hear the Work Plan consideration of the recommendations of the report from the Citizens Commil to Study Open Space and to consider adopting an interim ordinance establist temporary land use controls to protect open space pending completion of Pt 1 of the Work Plan.
Those persons wishing to speak on this proposal are cordially invited to at1 the public hearing. If you have any questions, please call the Planr Department at 438-1161.
If you challenge this proposal in court, you may be limited to raising only tt issues you or someone else raised at the public hearing described in this no1 or in written correspondence delivered to the City of Carlsbad at or prior the public hearing.
APPLICANT: CITY OF CARLSBAD PUBLISH : December 8, 1989
CARLSBAD CITY COUNCIL