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Home My WebLink About1991-08-20; City Council; 11304; GPA open space & conservation elementClTYaF CARLSBAD - AGEND-ILL r* . I\ t AB # 1/.3oL4 CI' DE TITLE: GENERAL PLAN AMENDMENT - OPEN SPACE MTG. 8/20/91 AND CONSERVATION ELEMENT - GPA 90-5 DEPT. PLN CI' rl cd 8 k a a cd 4-1 0 m 4-l F: $ 0 0 a a k cd a a k a o 0 h. an dm kaJ OU us -4 *rl oc 31 E -4 a WaJ vm W 3w ULU ao a u am Uh aa k aa -rl a a rlc -rl a 2$ s va om rl \ OI 0 \ cv co 5 - G a d 0 z 0 3 RECOMMENDED ACTION: If the City Council concurs, instruct the City Attorney's ( to prepare documents APPROVING the Negative Declaration issl the Planning Director, and APPROVING GPA 90-5, adopting E revised Open Space and Conservation Element. ITEM EXPIdNAFION The City's present Open Space and Conservation Elemen originally adopted December 20, 1973. No comprehensive Updi this Element has occurred since that date. On September 5, Council accepted the report of the Citizens Committee for 1 of Carlsbad's Open Space Plan and Programs. Included i Citizen's Committee report was a proposed updated Open Spa( Conservation Elemlent. Council referred the updated Open Spa( Conservation Element to staff to ensure consistency wit proposed, updated Parks and Recreation Element. Minor cl: were made to the proposed Element ensuring consistency. detailed Planning Commission Staff Report (attached as E: 113") explains this background further and sets out the PI changes to the Element, consistency with State Government ( and outlines specific changes to the draft Element, as recom by staff. The Planning Commission considered the Open Space and Canserl Element on June 12 and June 19, 1991. Comments received frc public were respo:nded to by staff at the June 19th meeting a: contained in a m.emorandum to the Planning Commission frc Planning Department dated June 19, 1991 which is attach Exhibit sr4'v. The Planning Commission unanimously recom approval of the new Open Space and Conservation Element. Commission did ap:prove several modifications to the element are explained in the attached memorandum to the City Manage: the Planning Director dated June 21, 1991 (attached Exhibit The Open Space and Conservation Element has also been review' is unanimously ,supported by the Open Space Citizens Ad1 Committee. The copy of the Open Space and Conservation Element provic the City Council contains all the modifications recommenc staff, the Open Space Advisory Committee and the P1i Commission made as a result of review and public input. HOI for City Council reference, the following is a list of at memorandums that identify all the modifications: 1. Memorandum to the City Manager from the Planning Di: dated June 21, 1991. 0 I < * e PAGE 2 OF AGENDA BILL NO. 11; 3 0 4 2. Memorandum to the Planning Commission from the P1z Department dated June 19, 1991. 3. Memorandum to the Planning Commission from the Plz Department dated June 10, 1991. One additional item needs to be noted. The City has star comprehensive update of the entire General Plan. Once the updated Open Space and Conservation Element is adopted, it become part of the draft General Plan document which wi presented to the public for review and input as part o Comprehensive General Plan update process. Therefore, addil amendments to the element may be proposed at a later date at of the comprehensive update. ENVIRONMENTAL REVIEW The Planning Director issued a Negative Declaration fo proposed update of the Open Space and Conservation Elc finding that it would not have significant adverse impacts t environment. The Negative Declaration was recommendec approval by the Planning Commission on June 19, 1991. Durii public comment period, one objection to the proposed Net Declaration was received (see Exhibit r16rr) . After thorougl reviewing and analyzing the objection, staff still belie Negative Declaration is appropriate and adequate for the u] Element. The detailed reasons for staff's determinatic contained in the attached environmental documents. Specific a response to the objection is attached as Exhibit 115tl. FISCAL IMPACT No direct fiscal impacts are anticipated from GPA 90-5. future studies or programs, as recommended in this Element be introduced to Council on a project-by-project basis. fiscal impacts of each program or study will be evaluated individual basis. EXHIBITS 1, Memorandum to the City Manager dated June 21, 1991 2. Planning Commission Resolution Nos. 3260 and 3261 3. Staff Report to the Planning Commission, dated June 12 4. Memorandum to the Planning Commission, from the P1 5. Response to Comments of the Proposed Negative Declara 6. Public Comments on the Proposed Negative Declaration 7. Planning Commission Minutes of June 12 and June 19, 1 8. Open Space and Conservation Element (previously distri Department, dated June 19, 1991 L 1 i * JUNE 21, 1991 EXHIBIT TO : CITY MANAGER FROM : Planning Director GENERAL PLAN AMENDMENT - OPEN SPACE AND CONSERVATION ELEMENT (GPA 90-5) I. PLANNING COMMISSION MEMORANDUM, DATED JUNE 10, 1991 At the Planning Commission hearing of June 19, 1991, the fi Commission motion recommending approval of the Open Space Conservation Element, failed to include the modifications to draft Element, as recommended in the memorandum to the Plann Commission, dated June 10, 1991 (attached). These modificati were not contested by the Planning Commission; the omission of reference to the memorandum was merely an oversight. st recommends that Council approve the modifications to the dr Element pursuant to the memorandum dated June 10, 1991. 11. PRIMARY CHANGES TO THE OPEN SPACE AND CONSERVATION ELEMENT, RECOMMENDED BY THE PLANNING COMMISSION The following are the primary changes to the Open Space Conservation Element, as recommended by the Planning Commissi These modifications have been incorporated into the draft Eleme A. Added Policy C. 20, Page VII-8, adopting the IlOpen Space Conservation Map," dated August 9, 1988 as the Cityls offic open space map. B. Added Policy C. 21, Page VII-8, adopting the llComprehens Open Space Network Map," dated August 1989, as the concept of the City. representation of the open space and conservation intenti C. Added Policy C.22, Page VII-9, establishing formalized c space boundary adjustment procedures, for open space ar shown on the map titled "Open Space and Conservation Map. D. Added Policy C.8, Page VII-14, establishing that tr alignments of the City-wide Trails Feasibility Study, depicted on the "Trails Network Map," dated August 1990, be precluded by proposed development. E. Changed Policy B.4, Page VII-6, by excluding access to c space areas where it interferes with the managed productior resources, such as agriculture. 1 i e CITY MANAGER JUNE 21, 1991 PAGE 2 F. Changed Policy C.7, Page VII-12, by clarifying tl developments adjacent to bodies of water provide access to i views of the water except when infeasible from environmental standpoint. G, Modified Policy B.3, Page VII=11, to read 9.0 encourage i support the economic viability of agricultural land." H. Qualified Policy C.l, Page VII-13, which addresses ' proposed Citywide trail system, by including "If determined the City Council to be feasible from the standpoint funding, acquisition, maintenance, liability, and ot: considerations, ... II 111. STAFF RECOMMENDED CHANGES TO THE DRAFT OPEN SPACE . CONSERVATION ELEMENT The following are additional changes recommended by sta subsequent to the Planning Commission hearing of June 19, 1991 1. Policy C.8 on Pase VII-14 The intent of this policy is to ensure that the conceptual tr alignments, as shown on the "Trails Network Map,II are not preclu by the approval of development projects, during the interim per while staff is completing the Open Space and Conservation Resou Management Plan. After reviewing Policy C.8, staff believes t the policy language should be revised to allow staff opportunity to review and process projects submitted in areas proposed trail alignments. Staff recommends that the wording Policy C.8, on Page VII-14 be modified to read as follows: C.8 The "Trails Network Map," dated August 1990, depicts conceptual representation of the possible tr alignments in the City. Until final studies completed, and City Council takes formal action on concept of a City-wide trail system, .......................................................................... - a project - which wouP'd preclude alignments as depicted on the "Trails Network Map," da August 1990, (See Exhibit 91D91) . Where there are tr alignment differences between the IITrails Network M and the IIComprehensive Open Space Network Map, II the tr alignments of the "Trails Network Mapg1 shall superse ................... ............... ......... ................................................... A- ..K:... eA " YIY c-u VI L -I *&G.p &Ne C&qy .fg$&~Qg,g#*g~ppg :.:.:.:.:.:.:.: .f~e cr .................................. ................................................................................................................................. ....................................... .......... r t , i a CITY MANAGER JUNE 21, 1991 PAGE 3 2. Policy C.9 on Paqe VII-7 The intent of this policy is to count only a percentage of 0: space land, when such land requires a fee before someone can it. However, referring to the general public is very broad, gives rise to the argument that the general public is alre paying for certain open space facilities. Staff theref recommends that Policy C.9 be modified as follows: C.9 Land area that otherwise qualifies for measurement tow the growth management standard but which is not availa without some monetary or other consideration by the ti: shall be considered as meeting only a certain percenE of the performance standard, that percentage to determined by the adoption of a new City standard. , other land area which qualifies for measurement tow, the performance standard will be given 100% credit taw' those standards. 3. Paqe VII-2, Reference to State Law Government Code Section 65560 is incorrectly cited on Page VII. Staff recommends revising the reference to state law on Page VI, from Government Code Section 65560 to Government Code Sect! 65302. IV. MAPS OF THE DRAFT OPEN SPACE AND CONSERVATION ELEMENT The draft Open Space and Conservation Element contains three mz which depict existing and proposed open space areas, conservat: areas, and trail linkage intentions of the City; specifically, 1 Open Space and Conservation Map, the Comprehensive Open Sp: Network Map, and the Trail Network Map. 1. Open Space and Conservation Map, Dated August 9, 1988 The Open Space and Conservation Map is intended to be t City's official open space map. This map depicts existing i future open space and conservation areas as currently shown the General Plan Land Use Map; additional areas environmentally-sensitive lands which are prohibited f~ development by the Open Space Ordinance: and, additional arc of open space which were obtained through the Master Plz Planned Development or development approval process. I w 0 4 CITY MANAGER JUNE 21, 1991 PAGE 4 2. Comprehensive Open Space Network Map, Dated August 1989 The Comprehensive Open Space Network Map is a graph conceptual representation of a comprehensive, linked systen open space. The map includes all areas depicted on the 0 Space and Conservation Map; the larger, publicly-dedica open space areas, community parks and potential sites wh would be linked together by a network: existing open sp linkages; additional potential linkage routes; and, potent linkage points with adjoining cities. 3. Trail Network Map, Dated August 1990 The Trail Network Map shows the conceptual representation the possible trail alignments in the City. The trail Netw map does depict the potential for a Citywide trail systen As part of the Comprehensive General Plan Update which w begin this year, the General Plan Land Use Map will be amen to reflect open space, pursuant to the City's official c space map (Open Space and Conservation Map) . Currently open space areas of the General Plan Land Use Map do reflect all known areas of environmentally-sensitive la which are prohibited from development by the Open SF Ordinance nor, all known areas of open space which k obtained through the Master Plan, Planned Development development approval process. These areas are reflected the Open Space and Conservation Map. During this inte Land Use Map, the llofficiall* open space map will be the C Space and Conservation map. period while staff is preparing the update to the General € Though a General Plan amendment will not be required for change: the boundaries of the Open Space and Conservation Map, a formali boundary adjustment procedure has been included in the Element ensure adequate review of all proposed open space bound adjustments. Proposed changes to open space lands, as depictec the General Plan Land Use Map, will continue to require a Gem Plan amendment. MICHAEL J. HOLZMILLER Planning Director arb Attachment 1 w m June 10, 1991 TO: PLANNING COMMISSION FROM: Planning Department SUBJECT; Open Space Advisory Committee Recommended Modifications to Staff Recommended Changes to the Draft Open Space and Conserva Element On June 6, 1991 , the Open Space Advisory Committee reviewed sta recommended changes to the Draft Open Space and Conservation Element. The 0 Space Advisory Committee adopted the changes with the following modificatior 1. Recommendation A. "Open Space and Conservation Map" (page 13 of staff report). No changes. 2. Recommendation B. "Comprehensive Open Space Network Map" (page 1' the staff report). No changes. 3. Recommendation C. "Open Space Boundary Adjustment Procedures" (pagc of the staff report). The Open Space Advisory Committee recommended following changes: C.22 The following is the formalizedprocedure for adjusting the boundarie any open space area shown on the map titled "Open Space Conservation Map" dated August 9, 19888 ,- " :.:.: .. x Findings required for the approval c boundary adjustment to the map are as follows: (I) The proposed open space area is e-# equal $9 or greater @?&I area &Hba$ depicted on the 7 Open Space +Ve-t% ..... '. ..:. .. :::::::*: .......................... ....................................................................... 8n.d C@&&j&ff$# Map; and .................................................. ................................................... .................................................. ...................................................................................... ........................................................................................... ........ .................... ..................................................................................................... (21 The proposed open space area is of je~~~~~~~~~~~~~~~~~ ec ,e fq or greater g@g~ v that depicted on ...... .................... ...... ................... .................... ................................ ........... : : : : : : 7 Open Space m &+j ~Q&@v~@+j& Map; ..................................................................................................... w m GPASO II a I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 PLANNING COMMISSION RESOLUTION NO. 3260 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALtFORNlA APPROVTNG A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT TO THE OPEN SPACE AND CONSERVATION ELEMENT UPDATE. CASE NAME: OPEN SPACE AND CONSERVATION ELEMENT CASE NO. GPA 90-5 WHEREAS, a Negative Declaration was prepared for this projec out for public review and comment on November 15, 1990; and WHEREAS, one letter of comment was received; and WHEREAS, staff reviewed all objections and comments and afte review finds no substantial evidence to indicate that the updated Elf significantly impact the environment; and WHEREAS, the Planning Commission did on the 12th day of JI and on the 19th day of June, 1991, hold a duly noticed public hearing as prc law to consider said request, and WHEREAS, at said public hearing, upon hearing and consj testimony and arguments, examining the initial study, analyzing the ir submitted by staff) and considering any written comments received, the Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning G as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL of the Negative Declaration to Exhibit "ND", dated November 15, 1990, "PI", and , "PI . November 5, 1990, attached hereto and made a part hereof, bast following findings: 28 11 il 8 0 II 1 4 3 1. The initial study shows that there is no substantial evidence that the 2 Findings: 2. The proposed amendment, a revision to the Open Space and Conserva of the City of Carkbad General Plan, is not associated with any have a significant impact on the environment. 5 project and will not have a signXcant adverse impact on the envirc 6 7 3. The Open Space and Conservation Element is a policy document i address the timing of open space acquisition or development, ad s projects will be subject to further, more specific environmental revie 8 Propo=!d- 9 LO 11 12 4. The Negative Declaration contains adequate information to suppo: that the approval of the updated Element will not have significant ad on the environment. ..... 1311 .'"' 14 15 '*"' ..... 1611 . . . . . 17 18 19 I 2o 1 ' 211 ..... ..... ..... ..... 221/ *...' 2311 . . . . . 24 ' 25 ..... 26 ..... 27 I 28 1 PC RES0 NO. 3260 -2- * 1 w - PASSED, APPROVED, AND ADOPTED at a regular meeting of thc I 2 3 Commission of the City of Carlsbad, California, held on the 19th day of June the following vote, to wit: 4 5 AYES: Chairperson Holmes, Commissioners: Schlehuber, Savary, Erwin, Noble & Hall. 6 7 8 NOES: None. ABSENT: None. ABSTAIN: None. 9 i l1 ... A'+, I . .' ; 'i ;j 1 \ \,"+ /! -2 0 10 ;5 F" ' 1 '+ 9 2 y 1 '.*I . , '. , . c ,' .,~. h .L;\-4 z ';C %. ".' ROBERT HOLGES, Chairper: 12 13 CARLSBAD PLANNING COM ATTEST: 14 15 MICHAEL J. HOBMILLIM I.6 il PLANNING DIRECTOR I? /I l8 il 19 1 2o ! 21 22 23 24 4 25 /I 26 27 - 28 PC RES0 NO. 3260 -3- I1 NEGATIVE DECLARATION PROJECT ADDRESSLOCATION: Cityunde PROJECT DESCRIPTION: Amendments to the text of the Open Space ; Conservation Elements (see attached). The City of Carlsbad has conducted an environmental review of the above described pro- pursuant to the Guidelines for Implementation of the California Environmental Quality, and the Environmental Protection Ordinance of the City of Carlsbad. As a result of s review, a Negative Declaration (declaration that the project will not have a significant irnF on the environment) is hereby issued for the subject project. Justification for this actio on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planr Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the pu are invited. Please submit comments in writing to the Planning Department within 30 d of date of issuance. DATED: November 15, 1990 CASE NO: GPA 90-5 Planning Director APPLICANT: City of Carlsbad PUBLISH DATE. November 15,1990 TW:lV0 2075 Las Palmas Drive * Carlsbad, California 92009-4859 (619) 438-1 (I rn PROJECT DESCRIPTION UPDATED OPEN SPACE AND CONSERVATION ELEMENTS The Citv's present Open Space and Conservation Elements were adopted December 7 1973. No update of these Elements has occurred since that date. In an effort to addrf the adequacv and protection of Open Space in Carlsbad, the City Council appointed a 1 member Cit&ns committee, the Citizens Committee to Study Open Space, to address t overall status of open space in the City. The proposed update of the Open Space and Conservation Elements was prepared by Citizens Committee to Study Open Space. In carrying out their charge, the Citizc Committee reviewed and analyzed the City's present plans and programs regarding 01 space. Based on this review, the Citizens Committee recommended specific chang modifications and refinements to the current Elements. The update process involved meetings of the full committee, which were open to the public, including a public in workshop. . " .. Changes were made to the elements to incorporate strong goals, objectives and ac' programs to preserve and regulate land for open space and conservation purposes. - main intent of these Elements is to: 1. Provide specific programs €or the preservation and conservation of land and nat features and for regulations necessary to control the possible negative impac development which may be allowed. - 2. Identify and protect where appropriate existing open land, natural resources environmental features as integral and necessary components of the Open Space Conservation Elements. 3. Provide guidelines for Open Space and conservation systems and establi framework for an Open Space and Conservation Resource Management Plar addition, create maps to identify important recreation, ecological, natural, s resources and proposed linkage routes relating to a comprehensive trail and h linkage system. These maps also identify hazardous areas which should n developed or where development should be limited to ensure public healtl safety. ' (I CASE N d GPA 90-5 DATE: November 5. 1990 PNlRON'MENTAL MPACT ASSESSMENT FORM - PART I (TO be Completed by APPLICANT) Applicant: Citv of Carlsbad Address of Applicant: 2075 Las Palmas Drive Carlsbad. Ca 92009 Phone Number: (619) 438-1161 ' Name, address and phone number of person to be contacted (if other than Applicant: N/A . " - GENERAL INFORMATION: (Please be specific) Project Description: Amendment to the text of the Open Space and Conservation Eleme (See Attached) Project LocatiorUAddress: Citvwide Assessor Parcel Number: N/A - General PlaWZone of Subject Property: Various Local Facilities Management Zone: Various Is the site within Carisbad's Coastal Zone? Partiallv Please describe the are suITounding the site to the North: Citv of Oceanside. Vista East: City of San Marcos. Vista South: Citv of Encinitas. Countv of San Dieno West: Pacific Ocean List all other applicable pennits & approvals related to this project: N/A (I PRWCX DESCRIVT[ON m UPDATED OPEN SPACE AND CONSERVATION ELEMENTS The City's present Open Space and Conservation Elements were adopted December 1973. No update of these Elements has occurred since that date. In an effort 10 add: rhe adequacy and protection of Open Space in Carlsbad, the City Council appointed a member Citizens Committee, the Citizens Committee to Study Open Space, to address overall status of open space in the City. The proposed update of the Open Space and Conservation Elements was prepared by Citizens Committee to Study Open Space. In carrying out their charge, the Citiz Committee reviewed and analyzed the City's present plans and programs regarding o space. Based on this review, the Citizens Committee recommended specific chan modifications and refinements to the current Elements. The update process involved meetings of the full committee, which were open to the public, including a public ir workshop. Changes were made to the elements to incorporate strong goals, objectives and ac programs to preserve and regulate land for open space and conservation purposes, main intent of these Elements is to: I, Provide specific programs for the preservation and conservation of land natural features and for regulations necessary to control the possible nega impact of development which may be allowed. 2. Identlfy and protect where appropriate existing open land, natural resources environmental features as integral and necessary components of the Open SE and Conservation Elements. 3. Provide guidelines for Open Space and conservation systems and establis framework for an Open Space and Conservation Resource Management Plan. addition, create maps to identify important recreation, ecological, natural, sc' resources and proposed linkage routes relating to a comprehensive trail and hat linkage system. These maps also identify hazardous areas which should no developed or where development should be limited to ensure public health safety. -2- lPlease be Sdc. A Additional Panes or Exhibits. if -1 1. Please describe the project site, including distinguishing natural and manmad, characteristics. Also provide precise slope analysis when a slope of 15’ or highe and 15% grade or greater is present on the site. The proposed update of the Open Space and Conservation Elements was prepare by the 15 member Citizens Committee to Study Open Space. The Open Space an Conservation Elements are policy documents only and as such will not result i any physical change in the environment. The Elements will guide the managemer and use of open space and conservation resources. The Elements consist of Cil wide policies which are not site specific. The Elements do however, conrain comprehensive open space and conservation map, that conceptually represenrs rk open space and conservation intentions of the City. The areas identified on the: maps constitute prime areas for protection, acquisition, and maintenance thou2 the Open Space and Conservation Resource Management Plan, which is current being prepared. The boundaries shown on the maps are not precise and may adjusted. A detailed inventory and the analysis of the designated open space are will be completed as part of a future update. 2. Please describe energy conservation measures incorporated into the design and/ operation of the project. The conservation of energy resources has not been made part of the open spz and conservation elements. The incorporation of energy conservation rneasu would be made part of individual development projects on a project-by-proj basis. 3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS T FOLLOWING: a. If a residential project, identlfy the number of units, type of units, sched of unit sizes, range of sale prices or rents, and type of household I expected, average daily traffic generation (latest SANDAG rates). N/A b, If a crxnrnercial project, indicate the exact type, activity(ies), square fool of sales area, average daily traffic generation (latest SANDAG rates), par\ provided, and loading facilities. N/A c. If an industrial project, indicate the exact type or industry(ies), average ( traffic generation (latest SANDAG rates), estimated employment per 5 time of shifts, and loading facilities. N/A d. If an institutional project, indicate the major project/site function, estim employment per shift, estimated occupancy, loading facilities, and comm~ bene-fits to be derived from the project. N/A -3- 1. B Ll.. LI\V,.*..Lt*. I SI L LY L ' Y .. -. VI" < 8 Please answer of the following questions by placing a check in t appropriate space. Then fully discuss and explain why each item was checked 5 or no. Provide supporting data if applicable. Attach additional sheets necessary. YES - N 1) Could the project sigrtlficantly impact or change present or future land uses in the vicinity of the activity? - - The intent of these elements is to; (1) establish policy for the protectic preservation, and conservation of environmentally sensitive resources; (2) prov specific programs for the preservation and conservation of land and natu features and for regulations necessary to control the possible negative impact development which may be allowed; (3) identify and protect where appropri existing open land, natural resources and environmental features as integral : necessary components of the Open Space and Conservation Elements; and provide a framework and guidelines for open space and conservation systems identified on the Open Space and Conservation maps. These maps iden important recreation, ecological, natural, scenic resources and proposed link; routes relating to a comprehensive trail and habitat linkage system. They 2 identlfy hazardous areas which should not be developed or where developm should be limited to ensure public health. and safety. As such, present land c will not be sigdicantly impacted or changed. Future land uses within designated boundaries will however, be guided by the policies of these Eleme: The boundaries are not intended to be precise and may be adjusted. 2) Could the activity affect the use of a recrea- tional area, or area of aesthetic value? - The Elements are primarily policy documents which define existing recreatic areas and areas of aesthetic value. Open space and conservation areas, incluc existing recreational areas and areas of aesthetic value, are targeted for protect acquisition, and maintenance. The policies of the Elements will not 'negat+ affect the uses of a recreational area, or area of aesthetic value. 3) Could the activity affect the functioning of an established commdty or neighborhood? - These etcmentS are primarily policy documents which are intended to preserve consewe natural and man-made resources, and environmentally sensitive land: such, no activity will affect the functioning of an established communir] neighborhood. 4) Could the activity result in the displacement of community residents? - me Elements address primarily unimproved lands. NO residents WOd displaced. -4- r w .,YES - NC 5) Could the activity increase the number of low and moderate cost housing units in the city? - - )I The Open Space and Conservation Elements do not address residential land use 6) Could the activity siflcantly affect existing housing or create a demand for additional housing? - - 1 The Open Space and Conservation Elements do not address residential land ust The Elements will ensure that natural and man-made resources are preserve conserved, and maintained. These open space areas will be an assel to ti community, but will not create a demand for additional housing or affect existi1 housing. 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the country, state or nation? X - The open space and conservation areas identified in these .Elements corn environmentally sensitive areas. ft is the specific intent of these Elements preservej conserve and maintain these areas. - primarily of natural and man-made resources, environmentally constrained, a 8) Could the activity sigdicantly affect a historical or archaeological site or its settings? - - It is the primary purpose of the Conservation Element to preserve, enhance and maintain sites that have been identsed for their historical ar arckedog significance. 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? - The goals and policies of the Conservation Element promote the preservat: consemtion, protection, and maintenance of scarce resources. These goals poliaes direct how these resources are used and extracted. 10) Could the activity significantly affect fish, wildlife or plant resources? - The goals, policies, and objectives of these elements will preserve, conserve, protect fish, wildlife, and plant resources. -5- C w- I La - iY ' 1 1) Are there any rare or endangered plant or &al species in the activity area? X - - The designated open space and conservation areas consist partially environmentally constrained and environmentally-sensitive areas (hillsid canyons, wetlands, parks, lakes, beaches, lagoons, floodways, permanent wa bodies, and riparian areas). These are areas where rare and endangered plant a animal species are likely to be located. however, the goals, objectives, and polic of these elements promote the protection, conservation, preservation, a maintenance of these areas. 12) Could the activity change existing features of any of the City's stream, lagoons, bays, tidelands or beaches? - - Nine goals, policies, and objectives of these Elements promote the preservation 2 conservation of the Ciry's srreams, lagoons, bays, tidelands, and beaches. 13) Could the activity result in the erosion or elimination of agricultural lands? - - Seven goals, policies, and objectives of these Elements promote the preserval of agricultural land and recommend the management of agricultural land 2 natural resource. 14) Could the activity sene to encourage development of presently undeveloped areas or intenslfy development of already developed areas? X - These Elements identify areas were sensitive resources are to be conserved preserved. In so doing, they define areas to be developed. IS) Will the activity require a variance from established environmental standards (air, water, noise, etc.)? - These are Elements of the General Plan, no development is recommended would require variances from established environmental standards. 16) Is the activity carried out as part of a larger project or series of projects? - X The City of Carlsbad is currently in the process of updating its' General plan part of that process, the open Space and Conservation Elements are being updi The Elements contain goals, objectives, and policy and action programs. -6- w w ’ 17) Will the activity require certification, authorization or issuance of a permit by any local, state or federal environmental control agency? 1 I - - These are Elements of the General Plan, no pennits will be necessary. 18) Will the activity require issuance of a variance or conditional use pennit by the City? - - These are Elements of the General Pian which constitute Legislative Acts of I City; they will be effected by consultation of responsible and other agencies. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? - - These Open Space and Conservation Elements are intended to preserve and pro man-made and natural resources, and environmentally constrained lands. 20) Will the activity involve construction of facilities in a flood plain? No construction is proposed as part of the update of the Open Space Conservation Elements. .- - - 21) will the activity involve canstruct;on of facilities in the area of an active fault? - No construction is proposed as part of the update of the Open Space Conservation Elements. 22) Could the activity result in the generation of significant amounts of dust? - No construction or other activity is proposed as part of the Open Space Conservation Elements update that would generate dust. 23) Will the activity involve the bunring of brush, trees, or other materials? 7 NO aCtiVity is proposed as part of the Open Space and Conservation Ele~ update that will involve the burning of brush, trees, or other maten&. -7- c W I Ld - .. - a 24) ' Could the activity result in a signLficant change in the quality of any portion of the region's & or water resources? (Should note surface, ground water, off-shore.) - - The Elements promote, through policy, the conservation and protection of thl resources. No activity is proposed as part of this project which would sigmficar change the quality of air and/or water resources. 25) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? - - These Elements are primarily policy documents, no construction is proposed. 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? - These Elements are primarily policy documents, no construction is proposed. 27) Will there be a significant change to existing land form? - (a) Indicate estimated grading to be done in (b) Percentage of alteration to the present (c) Maximum height of cut or fill slopes: cubic yards: N/A . land form: N/A . N/A These Elements are primarily policy documents, no clearing, grading, grubbir other changes to the existing environmental conditions is proposed. 28) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? - These Elements are primarily policy documents, no construcrion or other act is proposed which would substantially increase the use of utilities, sewers, d~ or streets. 29) Will th project significantly increase wind or water erosion of soils? - These Elements are policy documents which promote the preservation conservation of these resources. - -a- w *"" B 30) Could the project significantly affect exisring fish or wildlife habitat? - - These Elements are policy documents which promote the conservation a preservation of these resources, 3'1) Will the project sigdicantly produce new light or glare? - These Elements are primarily policy documents which promote the conserval and preservation of natural and man-made resources and environmenra sensirive areas, they do not promote constmction or other.activity which wo significantly produce new light or glare. - -9- &I. I ..""..". . " .. ""." -". . -I.1 ...- ..... -.. . &LLbIV . If you have answered yes to any of the questions in Section 1 but think the acti will have no significant environmental effects, indicate your reasons below: 7) ARE ANY OF THE NATURAL OR MAN-MADE FEATURES IN THE ACTMlY AI UNIQUE, THAT IS, NOT FOUND IN OTHER PARTS OF THE COUNTY, STATE, NATION? Unique natural and man-made features are located within the boundaries of identified open space and conservation areas. The areas identified on the I conceptually represent the open space and conservation intentions of the City. identified areas constitute the prime areas for protection, acquisition, and maintena and include unique natural and man-made features. The primary intent of the C Space and Conservation Elements is to Preserve and conserve land and natural feat and to protect appropriate open land, natural resources, and environmental fean [t is intended that the unique natural and man-made features located within the would be protected by these policies, as such, unique natural and man-made feature not be signrficantly impacted by this project. 1 I) ARE THERE ANY RARE OR ENDANGERED PLANT OR ANIMAL SPECIES IN ACTMV AREA? . " .. - Environmentally sensitive areas and environmentally constrained areas are include the boundaries of the mapped open space. Some of the Environmentally sensitive s are considered sensitive because they may contain rare or endangered species. Elements are policy documents which do not propose any activity that would ir these species. Additionally, it is the primary intent of these Elements to protect preserve resources such as endangered plant and animal species. 14) COULD THE ACTMTY SERVE TO ENCOURAGE DEVELOPMENT OF PRESEIf UNDEVELOPED AREAS OR IDENTIFY DEVELOPMENT OF ALREADY DEVELC AREAS? These Elements are policy documents which are intended to preserve and con! natural and man made resources. Included in these Elements are Open Spacf scenic resources, and proposed linkage routes relating to comprehensive trail and ha linkage systems. In so defining these areas for preservation and conservation, i suitable for development are more clearly defined. Conservation Maps. These Maps identify important recreation, ecological, nat 16) IS THE ACI'MTY WED OUT AS PART OF A LARGER PROJECT OR SE OF PROJECTS? The City is currently embarking on a major update of its General Plan. This updatc include work on all of the General Plan Elements, including the Open Space Conservation'Elements. The Open Space and Conservation Elements, as propose( not intended to be the final documents. They are however, the policy portion c Elements. As the City proceeds with the update process, the Open Space Conservation Elements will be further revised to include a complete open inventory and a complete resource management plan, to ensure implementation c -1 0- -. programs, goals and ies. It is anticipated that as part e overall General Pi ' i update a more thoro@enironmental review will be co@Ied. However, at t! time, we are simply proposing an amendment to the Elements which address the pol portion of the document. It is necessary to adopt these policies at this time [o ens1 the conservation and protection of our open space resources during the period of ti. required to complete the thoroughly revised and integrated General Plan. For rhc reasons it is not anticipated that this general plan amendment will signlficantly eff the environment. III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECT101 (If additional space is needed for answering any questions, attach additional sh as needed.) !L Signature kA,L -c >c \ :'rn5--- (Person Completing Report) Date Signed 7 -)J~Y'-~-rt-&~.; T-, . 19 '1 c' TW:rV0 -11- W w EI"RON"TAI, "PACT ASSESSMENT FORM - PART n: (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. GPA 90-5 DATE: November BXCKGROL'ND 1. CASE NAME: ODen %ace and Conservation Elements 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Drive Carlsbad. CA 92009 (619) 438-1161 4. DATE EM FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: Amendment to the text of the ODen Space and Conservation E (See Attached) ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City ( Environmental impact Assessment to determine if a project may have a sidcant effect on the er The Environmental Impact Assessment appears in the following pages in the form of a checklist. Ti identifies. any physical, biological and human factors that might be impacted by the proposed ; provides the City with information to use as the basis for deciding whether to prepare an Em Impact Report or Negative Declaration. $c A Negative Declaration may be prepared if the City perceives no substantial evidence that th any of its aspects may cause a significant effect on the environment. On the checklist, "NO' will to indicate this determination. :' An EIR must be prepared if the City detennines that there is substantial evidence that any a project may cause a sisaifiant effect on the environment. The project may qualify for Declaration however, if adverse impacts are mitigated so that environmental effects can insinnificant. These findings are shown in the checklist under the headings "YES-sig" and respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given t( mitigation for impacts which would otherwise be determined significant. I I e 0 PROJEm DESCRmTION UPDATED OPEN SPACE AND CONSERVATION ELEMENTS The Cinis present Open Space and Conservation Elements were adopted December 20, 1973, NO these Eiernents has occurred since that date. In an effort to address the adequacy and prorectio Space in Carlsbad, the City Council appointed a 15-member Citizens Committee, the Citizens col Study Open Space, to address the overall status of open space in the City. The proposed update of the Open Space and Conservation Elements was prepared by the Citizens to Study Open Space. In carrying out their charge, the Citizens Committee reviewed and analyzec present plans and programs regarding open space. Based on this review, the Citizens recommended specific changes, modifications and refinements to the current Elements. The upd involved 16 meetings of the full committee, which were open to the public, including a public inpur Changes were made to the elements to incorporate strong gods, objectives and action programs and regulate land for open space and conservation purposes. The main intent of these Element 1. Provide specific programs for the preservation and conservation of land and natural fearu regulations necessary to control the possible negative impact of development which may be 2. Identify and protect where appropriate existing open land, natural resources and environme~ as integral and necessary components of the Open Space and Conservation Elements. 3. Provide guidelines for Open Space and conservation systems and establish a framework for an and Conservation Resource Management Plan. In addition, create maps to identify importar ecological, natural, scenic resources and proposed linkage routes relating to a comprehens habitat linkage system. These maps also identify hazardous areas which should not be develol development should be limited to ensure public health and safety. - -2- . I PHYSICAL m0NMENT WILL THE PROPOSAL DIRECrZY OR INDIRECTLY: 1. Resuit in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Resui~ in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in ah movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel- or energy? 11. Alter a significant atchcological, paleontological or historical site, structure or object? -3- e YES YES (sip) (insig) - - - - - - - - - - - - - - - - - - - - - - N - - w W BIOLOGICAL ENvlRONMENT WILL THE PROPOSAL DIREaY OR INDIRECTLY: xiis 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any - - or other fannland of state or local agricultural crop or affect prime, unique importance? - - .i . i - 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? - 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? - HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: x&S 17. Alter the present or planned land use of an area? 18. Substantidy affect public utilities, schools, police, fire, emergency or other public services? - 7 Ei3 N - - - - .- - - - E8 X - - -4- ., I HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1 9. Resulr in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 2 1. Produce new light or glare? 22. Involve a significant risk of an expIosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. 2 7. 28. 29. 30. 31. 32. Affect existing parking facilities, or create a large demand for new parking? Impact existing tramponation sysrems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergency response plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? -5- x$s YES (tnstg) N - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (r e MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: as E3 NO 33. Does the project have the potential to substantidy degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildhfe population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. - - - 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future,) - - - 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project bnn environmental effects which will ~~USG substantial adverse effects on human beings, either directly or indirectly? - - - - -6- (I e DISCUSSION OF ENVIRONMENTAL EVALUATION The Open Space and Conservation Elements of the General Plan coordinate and guide decisi predominantly to the undeveloped land and water resources which influence and shape Carlsba environments. The Open Space Element semes as an official policy statement for the id preservation, conservation, acquisition, and maintenance of open space in the City. The Comervat addresses resource management - the planned management of natural resources to prevent t des rruction or neglect e Goals, objectives, and action programs to preserve and regulate land for open space and consewat; are included in these Elements. The main intent of these Elements is to (1) establish policy for th preservation, and conservation of environmentally sensitive resources; (2) provide specific prog preservation and conservation of land and natural features and for regulations necessary to possible negative impact of development which may be allowed; (3) identify and protect where existing open land, natural resources, and environmental features as integral and necessary co the Open Space and Conservation Elements; and (4) provide framework and guidelines for opt conservation systems as described on the Open Space and Conservation Map, The goals, ob action programs of the Open Space Element have been grouped into four topics, Open Space : Protection, Obtaining Open Space, Special Resource Protection, and Trail/Linkage System. objectives and action policies for the Conservation Element have been included in one categor The Open Space and Conservation Elements programs apply City wide, as indicated on th "Comprehensive Open Space and Conservation Map" attached to the environmental impact asse These maps identify important recreation, ecological, natural., scenic resources and proposed 1 relating to a comprehensive trail and habitat system. They also identify hazardous areas whic be developed or where development should be limited to ensure public health and safety. Included in the Elements is a "Framework For An Open Space And Conservation Resource Mana: The intent of this plan is to accomplish the goals, objectives, and policies of the elements and efforts for the preservation, acquisition, and maintenance of open space and conservation areas Management Plan will establish a mechanism for the management of the City's environmental open space and to develop specific criteria for the protection, maintenance and enhancemer natural, economic, and cultural resources. At this time, the Elements only contain the f: preparing this Resource Management Plan. Once the full Resource vlanagement Plan is prepare$ it will be incorporated into the Open Space and Conservation Elements as a subsequent amer PHYSICAL ENVIRONMENT The Open Space and Conservation Elements guide decisions for the use of undeveloped 1: resources. The Elements are official policy statements for the identification, preservation, acquisition, and maintenance of open space areas. The Elements also address the management and man-made resources. The Open Space and Conservation Elements are policy document the conservation and preservation of the City's physical environment. No development is pr of these elements. Subsequent to these General Plan Amendments, a range of projects will be proposed. These be subject to further CEQAreview. -7- w e HUMAN ENVIRONMENT The Open Space and Conservation Elements are policy documents that promote the Consef preservation of the City's physical environment. No development is proposed as part of these Social, economic, aesthetic and environmental benefits will accrue from the preservation of open SF the urban environment. Consequentiy these elements promote the enhancement of the quality of citizens of Carlsbad. The proposed Amendments to the Open Space and Conservation Elements modify the adopted boundaries in the City. Consequently, future land use as planned under the existing General PI changed by this proposal. The areas depicted on the Comprehensive Opens Space and Conser identify important recreation, ecological, natural, scenic resources and proposed linkage roures r comprehensive trail and habitat system. They also identify hazardous areas which should not bc or where development should be limited to ensure public health and safety. These areas have bee from the previously adopted Elements. The boundaries on the map however, are not intended t' and can be adjusted, The expanded boundaries reflect proposed greenbelt linkages, trails system the environmentally sensitive areas, and environmentally constrained areas. As these bounda precise, but a flexible guide for possible linkages, trail system and the conservation and preserva' space, constrained lands, and environmentally sensitive lands. It is anticipated that the changes to map will not sigmficantly impact the human environment. -a- m e ANALYSIS OF VIABLE ALTERNATlVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) airernate scale of development, d) airernate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. N/A . i .- - -9- .I # e DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: - X [ find the proposed project COULD NOT have a sigmficant effect on the environment, and a DECLARATION will be prepared. - I find that although the proposed project could have a significant effect on the environmen not be a significant effect in this case because the mitigation measures described on an a sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an ENVIR IMPACT REPORT is required. . I; ..? - j- I G Sf ,’” .I I -, 4 , -; I - , _,_I. , I bL’ ~.C~.--/c .t L&ZJ?C,L Date Signature Illbh D &e Planning Directa u TW:IV0 LIST MITIGATING MEASURES (IF APPLICABLE) N/A ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) N/A -10- ' , I/. w W 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3261 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL, ADOPTION OF GENERAL PLAN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN OF THE CITY OF CARLSBAD. CASE NAME: OPEN SPACE AND CONSERVATION ELEMENT AMENDMENT NO. 90-5, ADOPTING A REVISED OPEN CASE NO: GPA 90-5 WHEREAS, the City Council directed the revision of the Open Sp 8 Conservation Element of the General Plan; and 9 WHEREAS, the Open Space and Conservation Element has n lo updated since December 20, 1973, and is in need of revisions; and I.1 I/ WHEREAS, the Open Space and Conservation Elements are 1 12 13 Elements of a General Plan pursuant to Government Code Sections 65302 14 li65302(e); and 15 WHEREAS, consistent with Government Code Section 65564, the 16 in implementing the Open Space and Conservation Element; and 17 contains action programs consisting of specific programs which the City intends tc I.8 I1 WHEREAS, consistent with Government Code Section 65560 an 19 1 Resource Code Section 5076, the Open Space and Conservation Element address 20 * 4 Space for the Preservation of Natural Resources, Open Space for the Managed Prc z2 Safety; and 23 of Resources, Open Space for Outdoor Recreation, and Open Space for Public HE 24 25 WHEREAS, consistent with Public Resource Code Section 5076, t Space and Conservation Element considers trail oriented recreational u! 26 27 recommends the further study of the feasibility of such a citywide trail system 28 .... I/ .1 w W 1 2 WHEREAS, community concern was expressed about the City's ope 3 /I plans and programs; and 4 WHEW, the City Council did appoint a 15 member citizens cor 5 with the Open Space Element of the General Plan and to fully protect open spa( 6 to review the City's open space plan and make recommendations to ensure con: 9 8 7 in the City; and WHEREAS, one of the recommendations was to consider a revise //Space Element of the General Plan which included new policies and programs p' 10 11 by the Citizens Committee regarding the protection and use of open space land 12 from the Citizens Committee and referred the recommendations contained in tht 13 WHEREAS, on September 12, 1989, the City Council accepted the including the revised draft Element, to staff for consideration and implementati l4 l5 Ij WHEREAS, staff has reviewed the draft Element for consistency 1 16 17 18 other Elements of the General Plan and believes they are internally consistent a: integrated with other Elements of the General Plan; and 19 WHEREAS, staff has recommended changes to the draft Element E: 20 21 additional studies and analysis; and WHEREAS, a Negative Declaration has been prepared for the Ope 22 /land Conservation Element update finding that the approval of the Element upc 23 24 not have significant adverse impacts on the environment; and 25 ll WHEREAS, the Planning Commission did on the 12th day of Jun 26 law to consider said request; and 27 and on the 19th day of June, 1991, hold a duly noticed public hearing as presc L 28 PC RES0 NO. 3261 2 Ij w W !I WHEREAS, at said hearing, upon hearing and considering all testim 1 I) arguments, if any, of all persons desiring to 'be heard, said Commission consic 2 7z I/ factors relating to the General Plan Amendment. J II 4 5 Commission as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED by the I 6 7 8 9 10 11 12 13 14 15 16 17 18 A) That the foregoing recitations are true and correct. B) That staff is hereby directed to amend the Land Use map to reflc space pursuant to the "Open Space and Conservation Map", date< 9,1988. C) The initial study prepared for the Element shows that tha substantial evidence that the proposed amendment may have a si1 impact on the environment, and therefore, a Negative Decla appropriate. D) That based on the evidence presented at the public hear! Commission recommends APPROVAL of GPA 90-5, according to 1 Open Space and Conservation Element, dated June 1991 as ma the recommendations of the staff report dated June 12,1991, the 1 Commission actions of June 12, 1991, the memorandum dated. 1991, and as modified by the wording outlined as follows: O Modify Page VII-11, Policy C.13 as follows: Utilize Master P' Specific Plans to encourage the preservation of highly visil cultivated for flower production. 19 I 2o I O Modify Page VI1-(6), Objective B.4, to indicate that pubs would not be encouraged where access would intdere I managed production of resources, such as agriculture. 21 O Modify Page VII-(lo), Objective B.3, to indicate that the in 22 23 24 not site spedfic and rephrase wording to encowage and economic viability of agricultural land. ... 25 1 ... 26 ... 27 --* 28 PC RES0 NO. 3261 3 w e 1 the following vote, to wit: 3 * PASSED, APPROVED AND ADOPTED at a regular meeting of the P 2 Commission of the City of Carlsbad, California, held on the 19th day of June, 1 4 AYES: Chairperson Holmes, Commissioners: Schlehuber, Sc 5 Savary, Erwin, Noble & Hall. 6 7 8 NOES: None. ABSENT: None. ABSTAIN: None. 9 'i /:> ,".."6L I d lgcc 10 11 .* i i ti j I *-.., gL" ;iCi ... \ Q I \d ROBERT HOLMES, Chairman 12 CARLSBAD PLANNING COMMISSION 13 15 14 ATTEST: 17 16 18 19 20 21 22 23 24 25 26 27 28 PC RES0 N0..3261 4 0 e EXHIB 6 STAFF REPORT DATE: JUNE 12, 1991 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: GPA 90-5 - OPEN SPACE AND CONSERVATION ELEMENT - Request f amendment to the Open Space and Conservation Element of the Ge Plan. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. recommending APPROVAL of the Negative Declaration issued by the Planning Directc finding that there is no substantial evidence that the updated Open Space and Consen Element will have a significant impact on the environment, and ADOPT Pla: Commission Resolution No. 3261 recommending APPROVAL of GPA 90-5, based upc findings contained therein. 11. PROJECT DESCRIPTION AND BACKGROUND The amendment to the Open Space and Conservation Element incorporates strong ~ objectives, and policy and action programs to preserve and regulate land for open and conservation purposes. Specifically, the open space portion of the Element ser an official policy statement for identification, preservation, conservation, acquisitio1 maintenance of open space in the City. The conservation portion of the Elf specifically addresses resource management-the planned management of natural resc to prevent exploitation, destruction or neglect. Essentially, the Element will coordinal guide decisions related predominately to the undeveloped land and water resources City. The City's present Open Space and Conservation Element was originally adopted Decc 20, 1973. No update to this Element has occurred since that date. In 1988, thl Council decided to embark on a comprehensive update of the General Plan, includir update of the Open Space and Conservation Element. There were a number of reasc the decision to update the General Plan. The primary reason was that the City had re the planning "horizon" year of 1990, as identified in the Land Use Element, of the c General Plan. A new future horizon date needed to be established, and the objectives and planning programs revised to lead and direct the City to that new hc date. ~ GPA 90-5 - OPEN SPA e - AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 2 In order to prepare for the comprehensive General Plan update, a Planning Corn subcommittee was formed in early 1988, to work with staff in the preparation of a update of the General Plan. This draft General Plan was then to be used as a wc document to present to the public for review and input. As part of the subconmi work, an updated Open Space and Conservation Element was prepared. A number of other occurrences took place in 1988 regarding open space. A citizen’s space mtlative which incorporated parts of the 1973 Open Space Element was circu: and obtained enough signatures to qualify for the ballot. The City Council appoin Council subcommittee to meet with the sponsors of the initiative. As a result of meetings, the initiative was removed from the ballot, and Council decided to appoinl member Citizens Committee to Review the City‘s Open Spac- Plan and programs. The Citizens Committee met from December 1988 through July 1989.’ Their repor .I . accepted by the City Council in September 1989. One of the tasks accomplished E Citizens Committee was to review both the 1973 Open Space and Conservation Ele: and the draft Element prepared by the Planning Commission subcommittee. Using documents as a basis and then incorporating the modifications recorhmended durin Citizens Committee’s deliberations, a new, updated Open Space and Conservation Elf was proposed by the Committee. The updated Element was then included in the Cit Committee’s report, which was accepted by City Council. a 99 - The intent was to process the proposed updated Open Space and conservation Ele immediately, however, an issue arose. At this same time, an update to the existing : and Recreation Element was being proposed. Mer reviewing both the proposed Space and Conservation Element and the Parks and Recreation Element, staff deterr that there were some minor inconsistencies between the two documents. As a resul City Council decided to defer processing of either Element until the inconsistencies 1 be resolved. Resolution of the minor inconsistencies was made part of Phase I of the ’ Plan for implementing the recommendations of the Open Space Citizens Committee. 1 same time, the City Council passed an Interim Open Space Ordinance, in part, to e that the proposed new Element would be processed as soon as Phase I of the Work was completed and the inconsistencies resolved. Phase I of the Open Space Work Program has now been completed and, in the proces! inconsistencies between the two draft Elements have been resolved. The two docur have been amended so that they are consistent, and are now ready for consideration. are being processed concurrently and both have the support of their respc Committees/Commissions which worked on them. j GPA.90-5 - OPEN SPA @ AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 3 One additional item of background information needs to be noted. The City has sta: a comprehensive update of the entire General Plan. Once the new, updated Open SI and Conservation Element and the Parks and Recreation Element are adopted, they become part of the draft General Plan document which will be presented to the public review and input as part of the comprehensive General Plan update process. Theref additional amendments to the two Elements may also be proposed as part of comprehensive update. 111. ANMYSIS Planninn Issues 1. What were the primary changes made to the Open Space and Conservz Element? 2. Are the changes to the Element consistent with the purpose, intent and spc requirements of Section 65302, of the California State Government Code? 3. Does the Element cdntain clear goals, objectives and policies? Does it have spt implementing programs? 4. Is the draft Element consistent with the other parts of the General Plan? 5. Are there any additional changes to the draft element that are recommended' DISCUSSION 1. Qlannes - to the Open Space and Conservation Element A. Format - The format was changed to reflect the format recommended b Planning Commission Subcommittee for Reformatting the Existing Ge Plan. The general format is to have 1) Goals, followed by 2) Objec followed by 3) Implementing Policies and Action Programs. B. Open Space - Topics - For organizational clarity, the gods, objective: implementing policies and action programs in the Open Space Ek section have been grouped into four categories or topics: 1) Open ! Planning and Protection; 2) Obtaining Open Space; 3) Special Res Protection; 4) Trails/Linkage System. , GPA.90-5 - OPEN SPA @ AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 4 C. Preface and Introduction - The preface and introduction has been upd and reworded to better reflect state law requirements and has been expa1 slightly to reflect the additional items recommended for inclusion in Element by the Citizens Committee to Study Open Space. D. Maps/GraDhics - Existing graphics have been replaced with updated gral which include: 1) an Open Space and Conservation Map, dated AU~LI 1988, and 2) a Comprehensive Open Space Network Map, dated Au 1989. E. Definition of Open SDace - The definition of open space was substant rewritten and expanded to reflect the unique features of open spac Carlsbad per the recommendations of the Citizens Committee to Study < Space. F. Editorial Changes - The wording of a number of the existing goals, objec and action programs were changed slightly or consolidated. Staff doe! believe that any of these minor wording changes have an impact or overall intent of the proposed version of the updated Element. G. Open Space and Conservation Resource Management Plan - This i updated, rewritten version of what was contained in the 1973 Element M called for a master implementation plan. As was identified in the : Element, the primary intent of this plan is to establish priorities for 1 space acquisition and to address funding. Possible financing techniques been updated. (An appendix was added to the updated Element to pr( more detail on financing mechanisms.) Also included is the propos develop a comprehensive open space inventory. H. SDecific Additions - Numerous additions were made to directly (a1 verbatim) reflect the recommendations contained in the Report oj Citizens Committee to Study Carlsbad's Open Space Plans and Prog accepted by the City Council in September of 1989. The additions inc the following: a. New Open Space Goals 0 Provide a balance of visual, passive and. active Open Space within each of the four quadrants of the City. 0 Assure new development provides for the Open Space nee their occupants. . GPA 90-5 - OPEN SPA @ AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 5 0 Protect and preserve visually attractive and/or signif natural areas. Preserve Open Space areas in as natural a state as possil Encourage larger and connected Open Space areas rather numerous and disconnected areas. Create natural and man-made links between Open Space a 0 0 0 b. New Open Space Objectives 0 To develop a cohesive policy and plan setting forth open : goals and guiding the systematic acquisition, protec maintenance and financing of conservation resources, providing an organizational structure to implement the I 0 To create a more rural atmosphere in the urban enviroru the City should identify, acquire, and protect natural 1 Space areas which are visible from public gathering plac To encourage public access to all Open Space areas e where sensitive resources may be threatened or damage where the public health and safety may be compromisec To encourage increased setbacks along arterial corridor: establish greenbelts or similar areas to preserve and/or c and identity, separating conflicting land uses, and achieh sense of natural openness as an integral part of I 0 0 Open Space areas as a means of maintaining community surroundings. 0 To establish standards of Open Space by type of Open ! rather than the general category of Open Space. 0 To provide for the distribution of passive recreation throughout the four quadrants of the City and to separate from active recreational uses where possible. 0 To fund by General Obligation Bonds, if possible, a balanced acquisition program providing a variety of Space opportunities spread throughout the community. , GPAt90-5 - OPEN SPA F L AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 6 0 To assure that, to the maximum degree possible, t benefitting from the acquisition or improvement of Open S and recreational facilities shall provide funding in d proportion to the benefits they derive. To encourage a combination of both private and public ( Space. 0 O To develop culturaUeducationa1 amenities within Open S areas. To address a Citywide and interconnecting trail system 7 considering and reviewing local facility management F major development applications and applications invo potential linkage. To ensure that there is continuity and environmental sensi in the routing and design of the trail system. To route trails near environmentally sensitive areas, appropriate buffers or fencing. To provide trails that serve as pedestrian and bj transportation between residential and commercial are: well as purely recreational uses. 0 0 0 0 c. New Open Space Action Programs 0 An Open Space Advisory Committee shall be established. Committee's responsibilities shall include: (1) Advocacy of Open Space; (2) Recommendations to the Planning Commission an1 (3) Continued development and revision of Open Council on Open Space issues; policies as defined by the City's Open Space ordin and programs; (4) Monitoring implementation of Open Space policil (5) Recommending priorities for Open Space, incl acquisition, use, and maintenance programs, on a an annual basis; t GPAs90-5 - OPEN SPA @ AND CONSERVATION ELEMENT e JUNE 12, 1991 PAGE 7 (6) Setting and refining guidelines for specific prc review of Open Space. 0 0 0 - .. . 0 0 0 0 The Open Space Ordinance shall require monitoring of C Space during the entire development/co~s~~ction prom The City shall identify existing Open Space for pote enhancement to increase its habitat, visual, or physical va Citywide maps and diagrams shall be prepared showing following: (1) Natural resources (2) Designated Open Space i (3) Existing and proposed Open Space (4) Open Space linkages As specific mapping information becomes available regal Open Space, that precise information shall be depicted on use maps, zoning maps, and the City's Open Space maps City staff shall be given the flexibility to add to the Open S inventory maps those new areas which may be create various circumstances. Land area that otherwise qualifies for measurement towar Growth Management standard but which is not avai without some monetary or other consideration for use b general public, shall be considered as meeting only a ce percentage of the performance standard, that percentage determined by the adoption of a new City standard. All ( land area which qualifies for measurement toward performance standard will be given 100% credit toward standards. The Open Space Ordinance, No. 9795, shall be revisec amended to: (I) more precisely identifv and define considered as undevelopable; (2) include provisions for 1 areas around sensitive lands; (3) define the word signifi and (4) include specific conditions and restrictions on residential development. ,. 0 0 1 GPA'90-5 - OPEN SPACL AND CONSERVATION ELEMENT JUNE 12, 1991 PAGE 8 0 0 0 0 0 0 0 0 0 0 0 Powerline easements shall not be counted toward meetin8 Open Space standard. Private golf courses may receive only partial credit in met the performance standards and only if significant visual be is determined. The extent of the credit shall be determine a new standard. Schools, public or private, shall not be counted in meetin1 Open Space performance standards. All mapable land set aside as Open Space shall be zoned ( Space. Where feasible, panoramic viewpoints shall be identified preserved for public use. The City shall acquire, protect or negotiate for public acce lands that could be used for passive recreational uses. Any development which may be permitted in areas iden1 as Open Space shall be consistent with the Open Space Conservation Resource Management Plan. Exactions from new development shall include, but nc limited to, legislative protection, Quimby Act dedication, 1 in-lieu fees, industrial recreation fees, setback requirem the provision of essential improvements and the adoptic appropriate Local Facility Management Plans, Master Plan: Specific Plans. An annual review of the methods and programs for acqu Open Space and parks LI the City of Carlsbad sha: conducted and should include, specifically, but not be lir to, the Quimby Act standards and the park-in-lieu fees. The City shall create a trust or other mechanism to faci private donations for Open Space acquisitions, protec improvements or maintenance. The City shall encourage private donations for Open $ acquisition, protection, improvement or maintenance by pl, the donors' names on permanent markers at the sites of gifts. 1 GPA 90-5 - OPEN SPA @ - AND CONSERVATION ELEMENT 0 JUNE 12,1991 PAGE 9 O Where public finding is necessary for Open Space purp' General Obligation Bonds shall be considered a highly desi~ source of funding. The City shall consider appropriate user fees for non-resic utilizing Carlsbad's Open Space and recreation facilities. Development on hillsides (if allowed) shall relate to the : of the land in order to preserve the integrity of the hillsi 0 0 O The City shall participate with other north county commun to establish an inter-community Open Space linkage prog When trails are proposed or required, the City shall obtai irrevocable offer to dedicate or a permanent easemenl trailways where feasible. The trail system shall be designed to serve both recreation non-motorized transportation purposes. The trail system shall provide linkage from n recreation/Open Space areas to other areas of actj including, but not limited to, residential neighborhoods, pl of employment, schools, libraries and viewpoints. Trails shall be sensitive to surrounding land uses and normally be placed at a significantly different elevation adjacent residences. 0 0 0 0 0 Any grading, grubbing, or clearing of vegetation undeveloped areas shall require a City permit, with approp penalties for violations. The City shall ensure that the improvements recommendec Open Space areas are appropriate for the type of Open S and the use proposed. No improvements shall be mad environmentally sensitive areas, except to enhance environmental value of the areas. 0 0 Agricultural use shall be encouraged as a permissible lanc in areas designated as Open Space in non-environmen sensitive areas. , GPA 90-5 - OPEN SPA c Y AND CONSERVATION ELEMENT e JUNE 12, 1991 PAGE 10 0 Major powerline easements may receive partial credit and when they are enhanced or improved and provide key lin the trail system. The extent of credit shall be determine a new standard. d. New Conservation Goals 0 Establish program to efficiently manage available 1 resources. Establish solid waste, recycling and sewage manage programs. e. New Conservation Objectives 0 0 To develop a cohesive policy and plan setting conservation goals and guiding the systematic acquis protection, maintenance and financing of consem resources and providing an organizational structur implement the plan. O To conserve and efficiently manage the potable water rex available to the City of Carlsbad. To manage the disposal or recycling of solid waste and sc within the City. 0 f. New Conservation Action Programs 0 A long range plan shall be adopted to ensure the provisil adequate potable water and to address water conservatic reclamation programs. The City shall cooperate with other jurisdictions to ensu timely provision of solid waste management and SI disposal capacity. 0 I. Major Policy Emphasis - As is reflected in the above additions to the U1 Open Space and Conservation Element, the major emphasis in terms ( policy direction is as follows: . GPA.90-5 - OPEN SPA &D CONSERVATION ELEMENT a JUNE 12, 1991 PAGE 11 a. Emphasis on Implementation - The updated ' Element idenl numerous specific implementation programs. An Open Space Advj Committee is recommended (already established and appointed b: City Council) to oversee implementation and as an advocate for ( space in the City. The recommended Open Space and Conserv: Resource Management Plan would become the focal documen implementation and would actually be added to the Element I completion. b. Trails - The Element reflects a re-emphasis on consideration Citywide trail system. C. Open Space Linkage - The Element proposes attempting to together as many of the larger tracts of open space as possible. linkage can then be utilized for trdls, wildlife corridors, buf greenways, or visual linkage which provides the perspective of 12 quantities of or more open space. d. Balance of Active and Passive Open Space Uses - The plan sup1 the concept of open space for its passive/natural/scenic feature well as using it for active purposes. There needs to be a balancl e. Growth Management Plan - The updated Element incorporates references the open space portions of the City's Growth Managen Plan. 2. Consistency with the Purt>ose. Intent, and Specific Reauirements of Section 65( of the California State Government Code Consistent with Section 65562 of the State Government Code, the intent of Element is to; (1) establish policies for the protection, preservation and conserva of environmentally sensitive resources; (2) provide specific programs for preservation and conservation of land and natural features, and for regulat: necessary to control the possible negative impact of development which ma! allowed; (3) identify and protect where appropriate existing open land, nat resources and environmental features as integral and necessary components of Open Space and Conservation Elements; and (4) provide a framework guidelines for open space and conservation systems as identified on the open sl. and conservation maps. s GPA.90-5 - OPEN SPA b - AND CONSERVATION ELEMENT e JUNE 12, 1991 PAGE 12 The Open Space and Conservation Element of the General P€an coordinate guides decisions related predominantly to the undeveloped land and water resc which influence and shape Carlsbad's physical environments. The Open : Element specifically serves as an official policy statement for the identific: preservation, conservation, acquisition and maintenance of open space in the The Conservation Element specifically addresses resource management - planned management of natural resources to prevent exploitation, destructic neglect. The Open Space and Conservation Element programs apply City-wide, as indi on the maps titled "Open Space and Conservation Map" and "Comprehensive Space Network Map". These maps identify important recreation, ecological, na scenic resources and proposed linkage routes relathg t"o a comprehensive trai habitat system. They also identify hazardous areas which should not be develc .. . and identify where development should be limited to ensure public health safety. Included in the Element is a "Framework For an Open Space and Conserv Resource Management Plan". The intent of this plan is to accomplish the E objectives, and policies of the Element and to focus City efforts for the preserv; acquisition, and maintenance of open space and conservation areas. Furthe] Management Plan will establish a mechanism for the management of the 1 environmental resources and open space and to develop specific criteria fo protection, maintenance and enhancement of valuable natural, economic cultural resources. At this time, the Element only contains the framewor, Plan is prepared and adopted, it will be incorporated into the Open Space Conservation Element as a subsequent amendment. - preparing the Resource Management Plan. Once the full Resource Manage: 3. Goals. Objectives, Policies and S~ecific Implementinn Pronrams The draft Open Space and Conservation Element contains clear goals, objective policies. Consistent with Government Code Section 65103(C), the Open Spacc Conservation Element provides implementation measures that have been tailor operate effectively in the City. Specific implementing policies have been formu for open space planning and protection, obtaining open space, special rex protection, trail/linkage systems and conservation. The measures or prog selected to implement each of these areas of the Element are consistent wit1 entire General plan. 3 GPA. 90-5 - OPEN SPA I@ - AND CONSERVATION ELEMENT e JUNE 12, 1991 PAGE 13 4. Consistency with Other Elements of the General Plan As stated above, the draft Open Space and Conservation Element is inter consistent, as well as integrated with the other Elements of the General Pla accordance with State Government Code Section 65300.5. 5. Recommended Chan~es to the Draft ODen %ace and Consemtion Element Since the draft Element was prepared by the Citizens Committee to Study Space, additional studies and work have been completed by staff, consultants the Open Space Advisory Committee. Based on this additional work, the follc changes to the proposed Element are recommended. A. RECOMMENDATION It is recommended that the following be added to Page VII-8, of the pro1 draft Element: C.20 That the "Open Space and Conservation Map," dated August 9, 19i adopted as the City's oJjClicia1 Open Space Map, a reduced copy ii attl as Exhibit "B". ANALYSIS During the summer of 1988, an initial inventory of open space completed by staff. This open space inventory was completed to accurately reflect the current status of open space in the City. inventory resulted in the map titled "Open Space and Conservation I dated August 9, 1988. The Open Space Map depicts the following: (1) Existing and future open space and conservation areas as cum shown on the General Plan Land Use Map including all pul owned or dedicated open space lands (i.e., parks, Lakes Cak Veterans Memorial Park, and San Marcos Canyon). (2) Additional areas of environmentally-sensitive lands which prohibited from development by the Open Space Ordil (Ordinance No. 9795). These lands include beaches, lag wetlands, floodways, other permanent water bodies, riparian and steep slopes. I ~ GPA 90-5 - OPEN SPA &D CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 14 (3) Additional areas of open space which were obtained through Master Plan, Planned Development or development approval pro1 Because of the scale of the map, only the larger sites are shown (4) The map also shows those zones in the City where additional ( space (15% Growth Management Performance Standard) is reql by the Growth Management Plan. Until the Local Faci: the additional open space is not mapped, but cannot in( environmentally-sensitive lands which are prohibited development by the Open Space Ordinance. Management Plans are prepared for the zones, the specific locatit It should be noted that as part of the development of the Open Space Conservation Resource Management Plan which is scheduled for complc in December 1991, consultants are preparing a more detailed open s inventory. Upon completion, the Open Space and Conservation Reso Management Plan will likely propose further revisions to the Open Space Conservation Element and Map. B. RECOMMENDATION It is recommended that the following be added to Page VII-8 of the prop draft Element: c.21 The map entitled "Comprehensive Open Space Nemork Map" ~i August 1989, reduced copy attached as Exhibit "C, shall be adoptt the conceptual representation of the open space and conservc intentions of the City. As such, the areas identifled on this map constitute prime areas for protection, acqukition, and maintenc through the Open Space and Conservation Resource Management . which k to be prepared. Until the Open Space and Conservt Resource Management Plan is prepared, no application shall be acce or processed, nor project approved which would preclude the concei open space areas of the map, unless after thorough analysis, City COI approves such changes to the Comprehensive Open Space Network 1 Where proposed, trail linkage alignments of the "comprehensive ( Space Network Map" are different from that depicted on the "1 Network Map," dated August 1990, the alignments of the "Trails Net Map" shall supersede. L GPA,90-5 - OPEN SPA @ AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 15 ANMYSIS The "Comprehensive Open Space Network Map" is a graphic, concel representation of a comprehensive, linked system of open space. It incl the following: (1) The larger, publicly-dedicated open space areas, community park: potential sites which would be linked together by the network. (2) Existing open space linkages. (3) Additional potential linkage routes. These potential links would to complete the overall network and could be used for the t natural open space buffers and peripheral greenbelt. (4) Potential linkage points with adjoining cities. The potential linkage routes are not precise locations and have not preserved as public open space. It is proposed that these links be obt; through implementing the City's open space performance standarc draft Element. With the approval of the draft Element, city staff wj given the flexibility to add to the Comprehensive Open Space Conservation Network Map, new open space areas or trails which m: created by circumstances. Also, as more detail becomes available regal open space areas and trails, the maps shall be updated to reflecl additional level of detail. Public street rights-of-way or major powerline easements shall be use linkage in the network only if it is determined that no other desi alternative is available to the City without public purchase. In making ' determinations, consideration will be given to safety and aesthetics. Since the completion of the Comprehensive Open Space Network M4 more detailed Trails Feasibility Study has been completed. The : Feasibility Study more accurately reflects proposed trail alignments il August 1990, and the "Comprehensive Open Space Network Map,' alignments of the 'Trails Network Map" shall supersede Recommendation D, below). through other means of public acquisition or protection with approval c City. Where there are differences between the "Trails Network Map," ( . GPA 90-5 - OPEN SPA @ - AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 16 C. RECOMMENDATION It is recommended that the following be added to Page VII-8, of the prop draft Element: C.22 The following is the formalized procedure for adjusting the boundari any open space area shown on the map titled "Open Space Conservation Map" dated August 9,1988, except that public rights-oj shall be exempt from the boundary adjustment procedures. How environmental analysis shall be perfomed for all proposed public n of-way improvements, and if detemined that there are significant ad impacts to the value of the open space system, those impacts shG mitigated. Findings required for the approval of a boundary adjust to the map are as follows: (I) The proposed open space area is of equal or greater area to that del; on the Comprehensive Open Space Network Map; and (2) The proposed open space area h of equal or greater environmental 41 of that depicted on the Comprehensive Open Space Network Map; (3) The proposed adjustment to open space, as depicted on Comprehensive Open Space Network Map, is contiguous or within proximity to open space as shown on the Open Space Map. The City Council may also modi' the boundary location shown on the space maps but only if it finds that the modification is necessary to mitig sensitive environmental area which is impacted by development, provide boundary modification preserves open space at a 2 to I ratio (proposed ac to existing acreage) and is within close proximity to the original area of space. ANALYSIS On September 25, 1990, Council approved the Interim Open Ordinance (NS-132). Among other things, the Interim Open Ordinance provided procedures and findings to adjust the open boundaries of the "Comprehensive Open Space Network Map," August 1989. The Interim Open Space Ordinance is scheduled to ex€ early August 1991. As the interim ordinance was meant to be temp1 establishing the procedure to adjust the boundaries of possible open linkages, depicted on the Comprehensive Open Space Network Map, , GPA.90-5 - OPEN SPA E) - AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 17 appropriate. As yet, the detailed analysis needed to define future open s linkages and priorities has not been completed. As such, staff believes it would be premature to adopt a permanent policy to adjust the conce] boundaries of the Comprehensive Open Space Network Map. The an: of open space priorities and linkages needed to make this determinatior be completed as part of the Open Space and Conservation Resc Management Plan. At this time, staff believes that the open space bour adjustment procedures should only apply to the Open Space Conservation Map, identified as the official open space map in proF Policy C.20 on Page VII-8. Additional open space, as depicted or Comprehensive Open Space Network Map, will be protected. Prop Policy C.21 on Page VII-8, would prevent precluding the conceptual space areas of the map unless, after thorough analysis, Council deem changes appropriate. . -. .I - .. . With procedures for making adjustments to the Open Space and Conserv; Map, staff will have the tools necessary to regulate development of pror open space areas, while providing the necessary flexibility to 1 adjustments to the open space boundaries when warranted. It shoul noted that in the future, these procedures may be modified by the ( Space and Conservation Resource Management Plan which is schedule completion in December 1991. D. RECOMMENDATION It is recommended that the following be added to Page VII-13 0: proposed draft Element: C.8 The "Trails Network Map," dated August 1990, depicts the conce representation of the possible trail alignments in the City. Until studies are Completed, and City Council takes formal action 01 processed, norproject approved, which would preclude the trail align] as depicted on the "Trails Network Map," dated August 1990, rec copy attached as Exhibit "D! Where there are differences betwee "Trails Network Map" and the "Comprehensive Open Space Ne Map," the trail alignments of the "Trails Network Map" shall super concept of a City-wide trail system, no application shall be accept , GPA.90-5 - OPEN SPA @ AND CONSERVATION ELEMENT e JUNE 12, 1991 PAGE 18 ANALYSIS Pursuant to Public Resource Code Section 5076, which states; "In deyek the open-space element of a general plan as specified in subdivision ( Section 65302 of the Government Code, every city and county shall con demands for trail-oriented recreational use and shall consider such den in developing specific open-space programs. Further, every city, county district shall consider the feasibility of integrating its trail routes appropriate segments of the state system." On August 21,1990, City Co accepted the "Trails Feasibility Study,'' dated August 1990, directing st; include a comprehensive trail program as part of the Open Space Conservation Resource Management Plan, and to update the Open Spacc Conservation Element and the Parks and Recreation Element to inch comprehensive trail program. The Open Space Advisory Committee, staff, and consultants are curr working to complete the Open Space and Conservation Res( Management Plan, which is scheduled for completion in December 199: the final technical studies for the trail system, including the final ph! trail alignments and the fiscal analysis of the trail system, have not completed, staff believes that it would be premature to inch recommendation on the adoption of a City-wide Trail System, in this u] of the Open Space and Conservation Element. However, until a determination is made on a City-wide trail system, the Open Space Conservation Element should include a policy which would ensure th trail alignment opportunities, as identified on the "Trails Network Map precluded by future development proposals. SUMMARY Although the draft Element does not presently contain the additional identified above, st& is recommending that the Planning Commission include items in the Element recommended to the City Council. It should be noted th: proposed modifications to the draft Element will result in the renumbering reformatting of some sections of the draft Element. 7 GPk 90-5 - OPEN SPA @ AND CONSERVATION ELEMENT 0 JUNE 12, 1991 PAGE 19 N. ENVIRONMENTAL REVIEW The Planning Director issued a Negative Declaration for the proposed update of the Space and Conservation Element, finding that it would not have significant, ac impacts on the environment. During the public comment period, one objection proposed Negative Declaration was received. After reviewing and thoroughly analyzi objection, staff still believes a Negative Declaration is appropriate and adequate fc updated Open Space and Conservation Element. The detailed reasons for determination are contained in the attached environmental documents. Specific: response to the objection is attached as Exhibit "A". The Planning Commission nec consider the Negative Declaration prepared by staff and adopt a resolution approvi Negative Declaration finding that there is no substantial evidence that the project wil a significant, adverse effect on the environment. ATTACHMENTS 1. Planning Commission Resolution No. 3260 2. Planning Commission Resolution No. 3261 3. Exhibit "A", Response to comments of the proposed Negative Declaration 4. Exhibit ttB'r, Open Space and Conservation Map, dated August 9, 1988 (ret 5. Exhibit "C", Comprehensive Open Space Network Map, dated August 1989 (ret 6. Exhibit "D", Trails Network Map, dated August 1991 7. Open Space and Conservation Element (previously distributed) COPY) COPY) May 21,1991 TW:rvo:lh e * El r\-f L 7 \ \ .\ \ c m TRAILS NETWORK MAP ? - LEGEE(D ” TRALm P *a PRMARTSTAOffiAE4 0 SEC~S~A(~JGAREA L 0- 4 fB “ Nc + !g=&myjz AuGul ___~ ~ ~ ~~~ ~ # m I # m 1 PLANNING COMMISSION PAGE 2 3. REDUCED CREDIT FOR OPEN SPACE FOR GENERAL PUBLIC U: THROUGH MONETARY CONSIDERATION This Policy reflects the Citizen Committee's belief tl currently in the City of Carlsbad, there is not eno' open space land that is accessible to the general pub1 As stated in the Report of the Citizens Committee Review of Carlsbad's Open Space Plan and Programs, I@. very small percentage of Carlsbad's existing open sp is accessible to the public except on a vis basis.. .the City should work toward ameliorating t situation by emphasizing the desirability of pub the Committee's recommendations reflect this conce The Committee did not intend to infer that open sp areas, not available to the general public without a f were undesirable; only that open space areas that w available to the public without a fee, were preferab and therefore should be encouraged. Reducing @@credit@@ of lands not available to the general pub without a fee, was a means to encourage the dedicatior open space lands available to the general public. STAFF RECOMMENDATION: No change is recommended. access in future open space acquisition, e e11 A number 4. POWERLINE EASEMENTS This issue was addressed and resolved at the Planr Commission Hearing of June 12, 1991. 5. OPEN SPACE ZONING FOR ALL MAPPABLE LAND WITH OPEN SI USES This policy is not intended to suggest that open SI lands proposed to be set aside by a developer, as pari the growth management 15% performance standard, woulc rezoned prior to project approval. Open space ZOI would take place concurrent with, or subsequent t project approval. Project densities will be calcul: as they are currently calculated. The only procedl difference is that once the project is approved, tl lands set aside for open space purposes would the1 zoned and mapped open space. STAFF RECOMMENDATION: No change is recommended. 6. CLARIFICATION OF "PUBLIC FACILITIES PLAN" The term llPublic Facility Planst1 was intended to refe the Local Facility Management Plans. # m PLANNING COMMISSION PAGE 3 STAFF RECOMMENDATION: For clarification purposes, staff recommends that Objective B.l, on Page VII-8 be modified as follows: B.l ..................................... To utilize ....; ................................................ Specific ,::::. ............................................ Plans, Master Plans and @ ....... ....... &J&X$$Q.# fl*&;?igQyQ+&$p&.J$* i refine =*:y;*.:<>.y:;:<:: ..;....:... .. :as3::<:: .... :.:.:.:.:.:.i',.:, ::Q, .................... c:.:.::.:.:.: ................. ,. lmpl emenf;""" the Open Space Conservation Resource Management Plan. 7. PRIVATE OPEN -SPACE The Committee again is conveyingtheir strong concern the lack of open space area accessible to the gem public. The Element does not state anywhere that pri\ open space is undesirable. What the Citizen commit was attempting to convey is that open space areas t are not available to the general public are not desirable as those open space areas that are. Therefc they concluded that private open space areas should receive full credit toward the 15% performance stand; As stated by the Committee in their final report Council, "Information submitted to the Committee shc that a very small percentage of Carlsbad's existing ( space is accessible to the public except on a vi: basis. The Committee felt strongly that the City shc the desirability of public access in future open sj acquisitions and by public ownership where feasii However, the committee recommends that Open Space 1 mix of private and public ownership." work toward ameliorating this situation by emphasii This issue will be looked into further by the Open S' Advisory Committee through the development of the Space and Conservation Resource Management Plan. STAFF RECOMMENDATION: No change is recommended. 8. HILLSIDES, VALLEYS, RIDGES The operative word in this policy is consider. policy does not predispose or require that these land set aside as open space, only that they be considered open space purposes. STAFF RECOMMENDATION: No changes are recommended. 9. BUFFERS The intent of this policy is to protect sensj environmental resources with a buffer of land, P would constitute a llpercentage,ll or llportionQ1 of w m c 11 ~@$+&@e&ge ~~.~.~.~~.:~~.:.:.:~~ .. :.x. _.. ... ...... :"' m the premature eliminatiol agricultural land. I m PLANNING COMMISSION PAGE 5 12. BOUNDARY ADJUSTMENT PROCEDURES Staff believes that the concern raised by Mr. Hofman been resolved through the rewording of. the bound adjustment procedures pursuanttothe Planning Commiss memo dated August 10, 1991. STAFF RECOMMENDATION: No change to the wording of the policy as described the Planning Commission memo of June 10, 1991, recommended. 13. PROCESSING OF PROJECTS - .. . The intent of this policy is to ensure that conceptual open space areas, as shown on Comprehensive Open Space Network Mgp, are.npt preclL by the approval of deve.lopment projects during and Conservation Resource Management Plan. AI reviewing policy C.21, staff agrees that the pol language should be revised. interim period while staff is completincj the Open Sy STAFF RECOMMENDATION: Staff recommends that the wording of Policy C. 21, on I VII-8 be modified to read as follows: C.21 The map entitles #*Comprehensive Open Space Net1 Map" dated August 1989, reduced copy attached Exhibit rrC1l, shall be adopted as the concepi intentions of the City. As such, the 2 identified on this map shall constitute prime aJ for protection, acquisition, and mainteni through the Open Space and Conservation Resol Management Plan which is to be prepared. Until Open Space and Conservation Resource Manage] Plan is prepared, f .e.: I...... :.x .... :,E3 i;o-jr&- whlch conceptual open space areas of the map, un after thorough analysis, City Council approves changes to the Comprehensive Open Space Net Map. Where proposed, trail linkage alignment: the "Comprehensive Open Space Network Map" different from that on the "Trails Network M dated August 1990, the alignments of the IrTr Network Map## shall supersede. -11 I¶- .A - ~~~:~:~~~~~~~~,~~~~~~~~~.~~~~~~~~~ . ;.:.:;.:,:;.: . . . . . . . . ..1. . . :.:.:.>:.:,:.: . . . . . . . . . ..i, . . :.:.:.:,:.,.; . . . . .... .,.:. :~~wo~~?,...,.prec~u~e 11. COMMENTS FROM MS. ECKE Staff believes that Ms. Ecke was referring to Objective B. page VII-10 and Policy C.13, on page VII-11, of the draft Space and Conservation Element. The intent of t I m PLANNING COMMISSION PAGE 6 objectives and policies was to preserve the flower field a: that has been subsequently rezoned and mapped on the Gene: Plan Land Use Map and the Zoning Map. The intent of thi statements is not to preserve the entire lands that currently in flower field production. STAFF RECOMMENDATION! To better clarify Policy C.13, on Page VII-11 staff recomme the following wording change. .......... ...... - :*.: e3 areas cultivated for f ............................................................... C.13 Utilize Master ...................................... Plans and Specific Plans to 7 ....................................................................................................................... ....................................... ~~~~~~~:~~€~~~~.~.:~~~~~~~~~~~f highly v1 s1 .................................................................. owe :.:.:.:.,.:.:.:.: ...... ................................................... r... produ .. l:.. ct'i.on ..:. :.: ............................................ ........ 111. RESPONSE TO COMMENTS OF THE NORTHWEST QUADRANT CITIZEN'S GR (SEE ATTACHMENT I'B'I) The Northwest Quadrant Citizen's Group presented a letter the Planning Commission on June 12, 1991, regarding conce about the proposed amendment to the Parks and Recreat Element. Beginning on page 2 of that letter, the Gr addressedtheir concerns regarding inconsistencies between Parks and Recreation and Open Space and Conservation Elemer The following is a response to those concerns. First The Northwestern Quadrant Citizen's Group appears to unclear about there being a difference between Park Standa and Open Space Standards. The park standard that is refer to throughout the Parks and Recreation Element is the tk (3) acres per 1000 population standard required under Grc throughout the Open Space and Conservation Element is Growth Management 15% Performance Standard. These stand; are separate and different. In no case can one parcel counted toward both standards. Based on this clarificati staff believes that there are no inconsistencies. Management. The open space standard that is referred Second The Northwest Quadrant Citizen's Group feels that there ir inconsistency between the Parks and Recreation Element and Open Space and Conservation Element because powerline easel property, under the Parks and Recreation Element, may rea credit as park land. However, powerline easement prop4 cannot be counted toward meeting the Open Space standard mentioned earlier, the open space and parks standards are completely different standards. Establishing diffe: priorities for open space and parks therefore, is approprii THIRD Again, the Northwest Quadrant Citizen's Group appears misunderstand that the standards for open space and parks separate and distinct. Not only are the standards differ' but the priorities for acquisition are different as well r I # * ATTACHME Hofman Planning Associates > b B .. . .- ._. .._." ._ -," - ".. ~, . I -. _. .. ~ - .-- ~ .. . June 12, 1991 Carlsbad Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 SUBJECT: Draft Open Space and Conservation Element - Comments Dear Commissioners: Thank you for the opportunity to review the draft Open Space and Conservation : Attached please find my comments on the Draft, which I would like added to the rea will also make a formal presentation at the Planning Commission hearing. Again, thank you for the opportunity to comment on the draft. Sincerely, &;dd .L : , ~/&%l&t" Bill Hofmarr' cc: Michael J. Holzmiller " ._ .. ., . . .. . ". .. -. . . .. " -. -* -__ .. , - - . ..' # 0 Comments on Open Space El Bill Hofman, OPEN SPACE AND CONSERVATION ELEMENT COMMENTS 1, P. VII-3; led, 5.a Watershed We would suggest deleting the word "watershed" from this section. Wat technically includes all land within a drainage basin, including developable land. 2. P. VII-3: 5.a Floodplains We would suggest replacing the word "Floodplains" with "Floodways" for cons with section 21.53.230 of the Carlsbad Municipal Code (Uses Generally). P section of the code, "Floodways" are identified within "Development Restrictil Open Space and environmentally sensitive lands. I' 3. P. VII-7: Policy C.7 Open SDace Created by "Various Circumstances" It is suggested that examples of "various circumstances" be provided. The ( wording could allow significant changes to the maps, however, it does not provi appropriate direction. guidelines for these changes. An example of such a circumstance would r Reduced Credit for Open Space for General 4. P. VlT-7: Policv C.9 Public Use through monetarv consideration The term "for use by the general public" is not clear as to what type of use. 1: could be visual enjoyment, active recreation, passive recreation, or some unspecified use. This policy seems to unfairly discriminate against uses which II funded. 5. P. VII-7: Policy C. 1 1 Powerline Easements Policy C.ll Seems to be inconsistent with Policy C.7 on p. VII-13 in regards tc for Powerline Easements. We would strongly suggest that powerlines be given ful if improved with trails or other recreational amenities. w m Comments a Open Space 1 Bill Hofrnar Open Space Zoning for all mappable land 6. P. VII-8: Policy C. 14 With Open Space Uses We would suggest that this provision be deleted. The currently proposed wordin eliminate a good planning tool for staff - cluster development. For cluster devel the total density on the mappable portion of the site is "clustered" in smaile setting aside a portion of the site for open space uses. However, the re underlying land use (residential) is retained for purposes of density calculation, an incentive is provided to retain portions of the site in Open Space by retaining allocation. If the open space areas are zoned Open Space, technically, no densi be allotted for that portion of the site. 7. P. VII-8: Objective B.l Clarification of "Public Facilities Plan" We suggest that the term "Local Facilities Management Plan" be substituted for ' "Public Facilities Plan." This would be consistent with the terminology uti Section 21.90.110 of the Carlsbad Municipal Code (Growth Management). 8. P. VIT-9: Obiective B.5 Private Open SDace Objective B.5 seems to be inconsistent with Policy C. 12 on page VII-8 discourages private open space by giving only partial credit for private golf cot 9. P. VII-11: Policy C.5 Hillsides, Vallevs. and RidPes We request clarification of which hillsides, valleys, and ridges are to be considc Open Space. As worded in the draft Open Space Element, the language c interpreted to mean all such areas. Technically, almost all land can be descrit hillside, valley or ridge. 10. P. VII-11: Policy C.6 Buffers We strongly suggest deleting this provision from the draft element. Each sensit will have different buffer requirements, unique to the area's size, shape, wildlife location, and adjacent uses. It would be impossible to factor all of these charac into a percentage or other mathematical formula. Both State and Federal agenc. which are responsible for reviewing and approving buffers for sensitive are addition, the buffer requirements should be established through the environmental process as established by the California Environmental Quality Act. Throc process, public review of a given project is solicited. (I m Comments on Open Space Elc Bill Hofman, 11. P. VII-11: Policv C.7 Public Access adiacent to Water Bodies We suggest substituting the words "and/or" for the word "and" in this policy since may be cases where public access is not desirable due to sensitivity of the habitat. 12. P. VII-11: Policv C.ll Agricultural Land How is the term "premature" defined? Policies on conversion of agricultural lanc inappropriate for the Open Space and Conservation Element. This is a Land Use We would suggest removing this policy from the Open Space and Conservation Elc If this policy remains, in its present form, it could be unfair to agricultural land c where agriculture is no longer economically feasible. We would suggest that policy remains, the word "Discourage" should be substituted for the'word "Prev 13. P. VII-18: Items A.B.C and D Boundary Adiustments to Open Spacc Clarification is requested on the frndings for adjustment to the Open Spacc boundaries. Finding "E" seems to be inconsistent with "A" through "Dl'. - 14. Staff Remrt: P. 14: Policv C.21 Processing of Projects We would suggest that the wording of this policy be revised to allow applicatiol accepted for processing. If projects could be accepted, appropriate linkage aligl could be agreed upon with staff input during the review process. c t gTl" QUADRANT CITIZEN'S GRO db ATTACHM STATEMENT TO THE CIRLSBAD PLANNING COMMISSION AT A HEARING ON AN AMENDMENT TO THE PARKS AND RECREATION ELEMENT OF THE GENERAL PLAN ON JUNE 12, 1991 The Northwest Quadrant Citizen's Group started meeting in February, 198 because of our common interest in Carlsbad parks as contributors to the qual of life in our city. We had a special concern for the adequacy of parks in the Northwest Quadrant because of what the proposed element terms the "near buildout situation" in that section of the city. An important reason for ou making this statement is that we believe a clear, consistent element will en the public's ability to understand and participate in the parks and recreat planning and implementation process. INTERNAL INCONSISTENCIES Considering first some internal inconsistencies in the proposed element on page VIII-4 of the proposed element, standards for Community Parks and Special Use Areas are shown to be based on a total of 3 acres per 1,000 popc tion. .5 acres of the 3 acres is for Special Use Areas (SUAs) . Dividing .: acres by 3 acres results in a 17% allowance for the SUAs. If you look at the table on page VIII-31, under the column headed IlAcrc Required," each of the quadrants has a total number of acres required for SI Use Areas that amounts to 17% of the total acres needed to meet the park st: ards of 3 acres per 1,000 population. Moving to the next column, headed "Acres Existing" (in other words, whz there really is), the percentage of Special Use Areas to the total existing park land acres exceeds 17% in every quadrant but is a noteworthy 48% of thc total in the Northwest Quadrant. In the Northwest Quadrant some Special Us1 Areas that would not meet present standards have been "grandfathered" in (as explained on page VIII-5). We do not believe, however, that future par1 land in the quadrant should be "grandfatheredI1 into the Community Parks cla; fication in advance. We are greatly concerned about the "Acres Future" col: that shows 13.73 additional acres for acquisition and inclusion as Special Areas. This amounts to 31% of the "Acres Future" in the Northwest Quadrant which means the excess of Special Use Areas (31% rather than 17%) is being to meet the standards for Community Barks. The final "Grand Total" of SUAs (50.51 acres) amounts to 42% of the 120.29 total acres. ?arks & Recreation Ele fl -2- 0 Referring to the Matrix (see page VIII-21), our Citizen's Group proposes an additional category called "Availability Limited to Non-School Hourstt or simply "Limited Availabilitytt that would be checked for the school site SUAs, as they are available to the public only when not being used for school purpc We understand that the SUA designation is used to justify a shortage of park land in the Northwest Quadrant that is the result of past neglect of park acc sition in that section of the city. We do not believe, however, using the tc acreage of any school sites as SUAs to offset park land deficiences is an accurate representation of park land availability in our city. At least, a truer description of school sites as park land should be provided in the mat] On page VIII-22, the park inventory matrix item #l4, Pine Senior Center shows the recently-reduced acreage of 3.13. (It was formerly 3.31 acres.) I recent reduction was to reflect the removal of the area occupied by the schoc offices. We believe, however, that continuing to count the school facilitie: parking lot acreage is inconsistent with the correction for the school officr space. INCONSISTENCIES WITH THE OPEN SPACE ELEMENT The law requires that all general plan elements shall not only be inter] consistent but also be consistent with one another. The Open Space Element i the Parks and Recreation Element, however, count the same pieces of land in different ways to meet performance standardsD These inconsistencies are described in the next three paragraphs. First, the total acreage of Cannon Park, the duck feeding area, and Rot' Park, all leased areas, is included in the Parks and Recreation Element matr pages VIII-21 and 22. The Open Space Element states on Page VII-7 in Policy that land which is not available for public use without monetary or other co sideration shall not be included in its entirety to meet open space standard Second, in the park inventory, power line easements are included in the total acreage. Examples are found in Larwin Park, Veterans Memorial Park an the Lake Calavera Golf Course. The Open Space Element (page VII-7, C.11) states that such areas should not be used to meet open ,pace standards. Third, the park inventory in the Parks and Recreation Element includes grounds at 100% of their acreage to meet park standards. This conflicts wit several provisions of the Open Space Element. On Page VII-8, Policy C.13 states that public or private schools should not be counted to meet open spa standards. C.18 (same page) states that open space areas designated for rec tion must be open to the public and provide essential utilities, public faci Parks, & Recreation El et -3- m and services. Currently, the school facilities are available only for orgar sports and then only after school hours. Individual citizens who wish to UE a facility must have permission of the school principal. Finally, under a joint use agreement the city of Carlsbad pays the school district $100,000 I year and is responsible for maintenance of some of the schoo1,facilities. ( Space Element page YII-7, Policy C.9, has already been mentioned above in rt to leased park land. The policy would allow for meeting park standards onl; portion of land area that is available as a result of monetary or other con tion. Counting 100% of school sites as parks is, therefore, in conflict wi that Open Space policy. Fourth, an inconsistency relates to review or evaluation. Policy C.2, page VII-9 of the Open Space Element states "An annual review of the method programs for acquiring Open 'Space and parks in the City of Carlsbad shall conducted and should include, specifically, but not be limited to, the Quin standards and the park-in-lieu fees. I! Open Space Element page VII-'6, Polic C .2 (5) also says the Open Space Advisory Committee shall recommend "prior for acquisition, use and maintenance programs on at least an annual basis." Citizen's Group urges the Parks and Recreation Element on page VIII-13 f Pol C.ll be made consistent with the Open Space Element and call for annual eve tion and reporting. We also believe that the possibiliti.es of lease, tradl or rehabilitation should be given primary and continuing consideration as i sition tools and should, therefore, be subject to annual evaluation. The Citizen's Group thinks the foregoing internal inconsistencies and inconsistencies between the proposed Open Space Element and the proposed Pi and Recreation Element are important and should be resolved before the Pla: Commission approves the Parks and Recreation Element. ADDITIONAL COMMENTS Referring to .page VIII-12 of the Parks and Recreation Element, we UT, strengthening Policy C.3 by adding that land should always be considered a first choice for meeting provisions under the Quimby Act, particularly in Northwest Quadrant. Regarding page VIII-9, in all of the quadrants, some anticipated futu park development projects may not materialize at all or the projects' anti scale or use may be revised, reducing the acreage in the park inventory. urge, therefore, inclusion of second-priority or standby projects on whick action could be undertaken for acquisition and/or development. Northwest ’ Parks and Recreation E#nt -4- 0 examples: Buena Vista Reservoir, utility yard at 405 Oak Street, land acquit for a community center at an appropriate location in Zone 1. Objective B.6, page VIII-11 and Objective B.2, page VIII-1.4 speak to en( aging public involvement in the entire process from siting to developing par]: and recreation. We strongly urge the wording in both objecti-kves be strength( to “Encourage public involvement that includes general public workshow to ’ vide information and obtain feedback....” Policies and actions to implement objectives should reflect this addition, To summarize, the Northwest Quadrant Citizenls Group recommends (1) that all inconsistencies, internal and between the Open Space and the Pa and Recreation Elements,be resolved and (2) that provisions in the Parks and Recreation Element be strengthened as t (a) encouraging public involvement, including workshops, (b) requiring land over fees from developers, whenever feasible, for par (c) including “standbyff park development projects. e 0 RESPONSE TO OBJECI'ION TO NEGATIVE DECLARATION/OPEN SPACE AND CONSERVATION ELEMENT AND PARKS AND RECREATION ELEMENT During the public review period for the Negative Declaration which was prepared for proposed, updated Open Space and Conservation Element and the proposed, updated Pa and Recreation Element, one objection to the preparation of a Negative Declaration v received. The objection was made by Terrell Watt representing Project Future. Althot a separate Negative Declaration and environmental documents were prepared for e; element, Ms. Watt's objection to the Negative Declaration on each element Q consolidated into one letter of objection. Therefore, staff has consolidated the respo: and it will become part of the environmental record for both of the proposed, upda elements. Staff has the following responses: 1) An initial point of objection is a general one relating to the processing of elements at this time rather than processing them as part of a comprehensive upd to the entire General Plan. Although the City has started the process comprehensively update all the elements of the General Plan, a decision was mi by the City Council to allow these two elements to be updated independently. 7 was because the Citizens Committees that worked on the two updated eleme were ensured that they would be processed as soon as they were ready consideration and would not have to wait for the entire General Plan update. : decision to process these two elements at this time was not done to try "submerge", "segment" or "maskt the environmental consequences of updating elements. The decision was based solely on an agreement to not hold them up u the enrire General Plan is updated. There is nothing in state law that prohibits City from considering updates or amendments to individual elements of the Gent Plan. As a matter of law, it is specifically allowed. 2) Staff believes that the environmental impact assessment documents used by staf prepare the negative declarations contain adequate information to support finding that the approval of the updated Elements will not have significant advc impacts on the environment. The environmental checklist used by staff contaim explanation regarding each and every item checked on the list. 3) The projects, an update of the Open Space and Conservation Element and an upd of the Parks and Recreation Element, are described in full detail in the upda elements. The environmental impact assessment contains a brief description of proposed updated elements but it also refers to and incorporates by reference text and graphics of both elements. 0 0 4) The policy contained in the Parks and Recreation Element of emphasizing lart community-wide parks rather than smaller, pocket parks was adopted as part of 1982 Comprehensive Revision of the Parks and Recreation Element. It is not a r policy direction being proposed as part of the present update. The 1982 Revis went through comprehensive environmental review including the preparation ( complete Environmental Impact Report. 5) As was indicated in the environmental impact assessment prepared by staff, Parks and Recreation Element does not approve the physical construction of park project. The element is a policy document and as such will not result in physical change in the environment. Although the park inventory has identi: several areas for future park development, the timing for acquisition I development is not indicated at this time. The actual construction of any of individual park facilities will be required to go through its own separate rev when the design of the park is prepared. At that time, the site-specific, poten environmental impacts of park development will be addressed, including impact: sensitive resources, traffic and circulation, parking, noise, public facilities, land compatibility and growth inducement. The Negative Declaration indicates that the construction of all future park projc will require complete, individual environmental review. It is legally proper for a to issue a negative declaration where the environmental review of a spec development is deferred to later discretionary stages when the impacts are clea The project, which in this case is the adoption of a policy document, "leads the ( not one step closer to an ecological point of no return" (Schaeffer Land Trust v. Jose (1989) 215 Cal.App. 3d 612) since the actual construction of park facili themselves will be subject to further and more specific environmental review w they are proposed and subsequently reviewed. This same analysis applies to the Open Space and Conservation Element in th; is also a policy document and does not address the timing of open space acquisi or development. 6) Staff believes that the adoption of the updated Parks and Recreation Element the updated Open Space and Conservation Element will not have significant adv( impacts on the environment. After a thorough review of the updated docume an analysis of the environmental impacts, and a detailed review of the comc submitted by Ms. Watt, staff does not believe that there is any substantial evidc to indicate that the updated elements will significantly impact the environment a Negative Declaration is appropriate and supportable. MJHa e 0 E TERRELL WATT, AICP PLANNING CONSULTANT 1728 UNION ST.. SUIm 208 SAN FRANCISCO, CA 94123 - (415) 5634543 December 11, 1990 Bv Federai ExDress Michael J. Holzmiller Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-48591 Re: Comments on Proposed Negative Declarations for t Amendments to the Parks and Recreation, Open Space a Conservat.ion Elements of the Carlsbad General Plan Dear Mr. Holzmiller: The following comments on the proposed Negative Declarations f the proposed amendments to the Parks and Recreation, Open Spa and Conservation Elements of the Carlsbad General Plan a submitted on behalf of Project Future. These comments have be prepared in conjunction with Roy Gorman, Project Future attorney. As you are aware, Project Future supports t completion of a comprehensive General Plan updat Notwithstanding this support, Project Future has increasi concerns regarding the apparent piecemeal approach to the upda process, as well as the environmental review of the updat planning documents ,, The subject element updates exemplify the piecemeal approach the General Plan update. Not only are the elements bej developed and reviewed independently, but the elements themsell declaration forthe Open Space and Conservation element amendmer states in pertinent part at page 10: appear to being completed in segments, Specifically, the neqat1 "The City is currently embarking on a major update of its General Plan. This update will include work on all of the General Plan Elements, including the Open Space and Conservation Elements. The Open Space and Conservation Elements, as proposed, are not inte:nded to be the final documents. They are however, the policy portion of the Elements. As the City proceeds with the update process, the Open Space and Conservation Elements will be further revised to include a complete open space inventory and a complete resource management plan, to ensure implementation of the programs, goals and policies. It is anticipated that as part of the overall General Plan update a more thorough environmental e 0 Michael J. Holzmiller City of Carlsbad December 11, 1990 Page 2 review will be completed.tf ttProject", according to the CEQA Guidelines, is "whole of the action, which has a potential for physical change in the environmental, directly or CEQA Guidelines section 15378 (a). The Guide example of a general plan in the accompanying follows: defined as t resulting in ' ultimately.. lines give t explanation "With some activities carried out by government, the plan, control, or regulation being adopted may need to be regarded as the project event though the plan, etc., is being adopted to control activities to be initiated later by other people. For example, in approving a new general plan for a city, the city council would properly regard the general plan itself as the project. The EIR would examine the environmental changes that would probably result from adopting the new general plan. In this situation, the governmental plan would not be proposed in conjunction with a proposal for a specific development project, and the EIR on the plan would need to examine the range of possible effects of the plan. . . I' CEQA Guidelines section 15378, Discussion. Project Future is puzzled as to why the City would segment 3 overall project, the General Plan update, and further segment 1 elements themselves for purposes of environmental review, unlc to mask the significant effects of the larger project. Pursui to CEQA, each project must be fully analyzed in a sin( environmental review document. An agency may not split a projt into two or more segments thereby submerging the t: environmental consequences of the whole project. In addition, by splitting the project into segments, the Gene: Plan at each stage of the update process is rendered interna. inconsistent. No analysis has been done by the City to determ the specific inconsistencies between the proposed elemc amendments and the existing General Plan. However, it appe4 that some of the proposed amendments would force additio~ amendments to the land use map for the City. For example, whr the land use map currently shows development on lands identif as unsuitable for development in proposed Open Space 1 Conservation element provisions, the Land Use and Open Space Conservation elements are internally inconsistent. Indeed, text of the negative declaration states that "future land use 0 0 Michael J, Holzmiller City of Carlsbad December 11, 1990 Page 3 planned under the existing General Plan, may be changed by tl proposal". Negative Declaration at page' 8. Tht inconsistencies should be dealt with by completing the update all General Plan elements simultaneously with a sin( environmental review document (EIR). Project Future has already conveyed its concerns in this reg; to the City in their letter of January 9, 1990, attached her1 as Exhibit 1. We refer the City to the contents of that let. in requesting again that a single EIR be prepared on . comprehensive General Plan update. Set forth below are ' specific reasons why the negative declaration for the propo: element amendments is inadequate. A. THE PROPOSED NEGATIVE DECLARATION IS INADEQUATE 1 INSUFFICIENT A negative declaration may be prepared when the initial st1 shows either that there is no substantial evidence that project may have a significant effect on the environment or tl potentially significant effects have been substantially redul or eliminated by revisions to the project or mitigation measurl CEQA Guidelines section 15070. Where a negative declaration fi: that a project will not have a significant effect, the init study must provide the factual basis for such a finding. The negative declaration prepared for the proposed Open Space l Conservation element, and Park and Recreation element amendme: is deficient in at least the following respects. First, ' document does not contain any evidence to support environmental checklist findings of no significant impacts rela, to the project. For example, the project calls for a grea emphasis on active parks and laryer parksl The prior elem' potential to create numerous significant impacts including but limited to parking problems, traffic in residential areas, impa to natural resources due to grading for active park improvemen impacts due to night lighting and noise from activities. checklist is silent on these likely significant effects increasing the number and size of active recreatio opportunities in the community. For an effect to be significant, the projected physical cha need not be forthcoming immediately. Thus, the amendment 0: general plan will produce significant effects ultimately, if immediately. Inasmuch as the element will designate speci areas for these uses, the environmental review document m analyze the effects of the element's site speci recommendations. Similarly, the proposed amendments to the 0 emphasized more passive use concepts. Large active parks have m 0 - .. . Michael J. Holzmiller City of Carlsbad Decem.ber 11, 1990 Page 4 Space and Conservation elements are likely to result in chant to future land uses. Negative Declaration at page 8. The effec of such likely changes must be analyzed in the environment review document. For example, there is no evidence tk enforcing proposed Open Space and Conservation provisions will r displace housing or result in higher densities of housing commercial uses with commensurate visual and other impac associated with dense development. Second, the proposed negative declarations fail to adequatc describe the projects in two respects. First, the "project" : CEQA purposes, is the whole General Plan update. Second, 1 negative declarations fail to adequately describe the propo: element amendments. It is impossible to assess the consequenc of a project which is neither described br available in : entirety for review. Third, the negative declarations fail to describe the likt significant adverse impacts of the project. Exhibit 1, at pa( 3 and 4 describes the likely significant effects of the Gene] Plan update. In addition, we believe that the impacts of ' proposed amendments include, but are not limited to, 1 following: 1. Impacts of proposed active park uses on sensit. environmental resources. Since no habitat or spec. survey has yet been completed, it is not possible evaluate the likely effects of developing active u! on these resources 2. Impacts of the two proposed elements on futi development, and in turn, the effects of those cham to future development patterns. 3. Impacts such as increased traffic and noise as a res' of creating accessible active and passive recreatioi and open space areas. 4. Impacts due to possible shortage of parking to se: newly created recreational and open space areas public use. 5. The need for additional public services, includ police, sewer and water, to accommodate park users. There is an opportunity for the Open Space and Conservat elements to mitigate impacts of the land use element upda the General Plan update document in entirety), there is no However, in the absence of a complete project description, (i .. 0 Michael J. Holzmiller City of Carlsbad December 11, 1990 Page 5 basis for determining whether the proposed amendm,ents serve mitigation or create additional adverse effects. B. AN EIR SHOULD BE PREPARED CEQA requires that all projects which may result in one or mc significant adverse environmental impact be the subject of environmental impact report. In the instant case there substantial empirical evidence that the proposed project mi? have a significant impact on the environment and no evidence the contrary. Even the most cursory review of the type, scale E location of development authorized by the existing general pl provisions, including recent amendments, makes clear that general plan update would have significant effects on t environment. . " - Independent of the whole General Plan update, the subjd amendments have the potential for generating significant adve~ effects. As such these amendments alone warrant the preparatj of an EIR. CONCT,USION For the foregoing reasons, Project Future requests the City take the following actions: 1. Reject the approach to the General Plan update e environmental review process as currently proposed (i the segmented project and negative declarations), ax 2. To call for the completion of the General Plan updi and a single EIR on the total update package. We appreciate this opportunity to comment on the proposed negat. declarations. Please keep this off ice informed of all upcom. hearings in this matter. Very truly yoursl 9 w4.F Terrel Watt, AICP a e MINUTES EXHl Meeting of: PLANNING COMMISSION Time of Meeting: 6:OO p.m. Date of Meeting: June 12, 1991 Place of Meeting: Safety Center \ COMMISSIONERS CALL TO ORDER: Chairman Holmes called the Meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE was led by Commissioner Hall. ROLL CALL: Present - Chairman Holmes, Commissioners Erwin, Hall, Noble, Savary, Schlehuber, and Schramm Staff Members Present: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Bobbie Hoder, Senior Management Analyst Ron Ball, Assistant City Attorney David Hauser, Assistant City Engineer Keith Beverly, Senior Management Analyst David Bradstreet, Parks and Recreation Director Terri Woods, Associate Planner \ PLANNING COMMISSION PROCEDURES: Chairman Holmes reviewed the Planning Commission procedures on the overhead for the benefit of the audience. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THF, AGENDA: Bob Ladwig, Rick Engineering, addressed the Commission and stated that he had reviewed the preliminary staff report on building height which was presented at the last meeting. He requested that the Commission limit their discussions to the definition of height, which seems to be the major problem in administering a building height ordinance. He feels it would be premature to take action on floor area ratios and other matters relating to height until the height definition problem has been solved. PUBLIC HEARING ITEMS: 1) GPA 90-5 - OPEN SPACE AND CONSERVATION ELEMENT - Request for an amendment to the Open Space and Conservation Element of the General Plan. Terri Woods, Associate Planner, reviewed the background of the request and stated that in 1988, the City Council decided to embark on a comprehensive update of the General Plan, including the update of the Open Space and Conservation Element. A Planning Commission subcommittee was formed in early 1988 to work with staff in the preparation of a draft update of the General Plan for public review and input. As part of the subcommittee's work, an updated Open Space and Conservation Element was prepared. Subsequently, the City Council appointed a 15-member citizens committee to review the City's open space plan and programs. The citizens committee accomplished their charge and submitted a report to the City Council in September 1989. Because the Parks and Recreation Element was in the process of also being reviewed, it was decided to defer processing of either Element until all of the inconsistencies could be resolved betueen the two documents. The two draft Elements have now been amended and are ready for processing. Both Elements have the support of their respective Committees/Conrmissions. Once the new updated Elements are adopted, they will become part of the ~~ m MINUTES \ June 12, 1991 PLANNING COMMISSION Page 2 COMMISSIONERS 1 comprehensive draft General Plan document which will be presented to the public for review and input. Ms. Woods reviewed the primary changes to the Open Space and Conservation Element as follows: Legislative Consistency Format Open Space Topics Preface and Introduction MapsIGraphics Definition of Open Space Editorial Changes Open Space and Conservation Recourse Management Plan I Ms. Woods reviewed the major policy emphasis of the Open Space and Conservation Element as follows: * Emphasis of Implementation * Trails * Open Space Linkage * Balance of Active and Passive Open Space Uses * Growth Management Plan Ms. Woods reviewed the staff-recommended additions to the draft Open Space and Conservation Element as follows: - Open Space and Conservation Map Formalized Open Space Boundary Adjustment Procedures - Comprehensive Open Space Network Map * Trails Network Map Ms. Woods directed attention to the staff memo dated June 10, 1991 listing recommendations made by the Open Space Advisory Committee. Ms. Woods stated that time is of the essence because the existing Interim Open Space Ordinance expires on August 9, 1991. After that date, currently designated open space will no longer be protected. She concluded her presentation by stating that when the Negative Declaration was submitted for public input and review, only one negative comment was ~ received. Commissioner Schlehuber stated that during the discussion period, he would like to hear a staff response to the comments made by the Northwest Quadrant Citizen's Group. Commissioner Erwin is especially interested in a staff response regarding the several coments about the piecemeal implementation of CEQA (California Environmental Quality Act). He specifically referred to a letter dated December 11, 1990 which states that we are not in conformance with CEQA. Ron Ball, Assistant City Attorney, commented that there is no requirement in CEQA, or anywhere else, that states each Element must be processed by itself. The law envisions that a General Plan consists of a number of elements which can be changed up to four times per year; however, the law requires that they cannot be internally inconsistent. CEQA actually condemns carving a large project into smaller ones. Mr. Ball feels we are in compliance with CEQA. Commissioner Hall questioned the need to include a reference to skateboarding on trails Page VII-4, item 3(e). Michael I e MINUTES Y June 12, 1991 PLANNING COMMISSION Page 3 COMMISSIONERS 1 Holzmiller replied that the Open Space Advisory Committee was attempting to list everything which could possibly fall under potential open space. This list was not meant to identify every use on an individual basis but they wanted to make sure there was a distinction between trails for walking versus bicycling, etc. The Planning Commission can make changes, if needed. Commissioner Hall feels there is a contradiction between Page VII-7, C.11, and Page VII-13, C.7 regarding powerline easements. One page states that no open space credit is given to powerline easements and the other page states that partial open space credit is given to powerline easements if they are improved. Commissioner Hall inquired about Page VII-23, item 8, regarding future updates at three year intervals. Michael Holzmiller, Planning Director, replied that stafr' would ' prefer to review the Element every five years which is the . regular schedule for other Elements. Commissioner Schlehuber would like staff to address Page VII-8, C.12, regarding private golf courses. Staff Advisory Committee. Commissioner Schrannn would like staff to consider identifying the open space as "passive" or "active." ' deferred comment to Fay Round, Chairman of the Open Space Commissioner Schlehuber would like Page VII-12, C.l, changed to read, "If determined by the City Council to be feasible from the standpoint of funding, acquisition, maintenance, liability, or other considerations, the City shall establish a Citywide interconnecting trail system...". Michael Holzmiller, Planning Director, replied that the trail system has not yet been decided by the City Council. If the Open Space Element definitively establishes a trail system and the City Council later decides not to pursue it, a General Plan Amendment would be required to eliminate it. I Commissioner Erwin inquired about Page VII-20, A(4), and if the Williamson Act is considered temporary. Michael Holzmiller, Planning Director, replied that staff does not count the open space acquired through the Williamson Act as meeting the performance standard; however, it needs to be considered by the Planning Commission because the land could remain in that category for a long time, Ron Ball, Assistant City Attorney, commented that there are only two ways to get out of a Williamson Act. They are: (1) cancellation; and (2) non-renewal. The Act automatically renews unless there is public action to begin the ten year countdown. Chairman Holmes inquired about paragraph two on page 9 of the staff report, which states that the City shall consider user fees for open space and recreation facilities, and how this would be managed. David Bradstreet, Parks and Recreation Director, replied that staff needs to look closely at the trail system before it comes back to the Commission. He sees no way to collect fees for using a trail system. Fees are not currently charged for using park facilities because it would be too difficult to manage. Chairman Holmes opened the public testimony and issued the invitation to speak. I m a MINUTES \' \ June 12, 1991 PLANNING COMMISSION Page 4 COMMISSIONERS I Fay Round, Chairman of the Open Space Advisory Committee, addressed the Commission and reviewed the activities of the original citizens committee and the subsequent Open Space Advisory Committee. He stated that the Open Space Advisory Committee endorses the staff recommendation for the updated Open Space and Conservation Element, as presented, and they are hopeful it will be adopted prior to the expiration date of the Interim Element. He stated that there are still many unanswered questions such as the feasibility of a Citywide trail system; who should be responsible for maintenance and liability of it; where the money would come from; and how title would be held, i.e. privately or in trust. The reference to skateboarding was included because the Commission wished to differentiate between walking trails and trails which could accommodate wheels, The Commission feels that improved powerline easements could be counted towards open space if they provide a linkage in the Citywide trail system. Mr. Round stated that the citizens committee did not feel that private golf courses should received full credit because they are not open to the public; however, he did note the disparity at La Costa because hotel guests are entitled to use the golf course even though it is a private course. I Commissioner Schlehuber commented that he believes private golf courses should receive credit because they provide visual open space and he would not like to see the La Costa golf course replaced with buildings. Further, he feels that members of a private golf course would not likely use a municipal course so it would make more room for the public at large. Commissioner Hall inquired how the Open Space Advisory Comittee feels about a five year review versus a three year review. Mr. Round replied that, in his opinion, the review period should be consistent with other City ordinances. Commissioner Schlehuber inquired how the Open Space Advisory Committee feels about the exemption which allows exchange or elimination of some small open space pockets in order to create an additional lane of traffic. Mr. Round replied that without the exemption, there seems to be more creative thinking by staff. Courtney Heineman, a member of the citizens Open Space Advisory Committee, addressed the Commission and stated that one member of the advisory committee had very strong feelings about giving partial credit for certain types of open space. Commissioner Hall inquired why no credit was recommended for upgraded powerline easements. Mr. Heineman replied that, again, one of the advisory members was adamant about it; it was a matter of give and take by all of the advisory committee members. Commissioner Schlehuber commented that he feels visual open space is very important. He is aware that many advisory committee members felt there was too much open space which was private. Mr. Round replied that this was the reason private golf courses were not recommended to receive full credit. Barbara Otwell, 2040 Avenue of the Trees, Carlsbad, representing the Northwest Quadrant Citizens Group, addressed the Commission and complimented all of the participants who worked so hard to produce the excellent Open Space and a e MINUTES y June 12, 1991 PLANNING COMMISSION Page 5 COMMISSIONERS I Conservation Element being presented to the Commission. Since conservation is such an integral part of the Element, the Northwest Quadrant Citizens Group recommended that the name of the Open Space Advisory Committee be changed to the Open Space and Conservation Committee. Ms. Otwell's remarks were presented to the Commissioners and the Minutes Clerk in writing and will be on file in the Planning Department. Lizabeth Ecke, Carltas Development, addressed the Commission and stated that Chris Calkins, who normally represents Carltas at public meetings is currently in Europe, She was unhappy that Carltas had not received any notice that the Element was being presented to the Planning Commission this evening. Ms. Ecke feels that the Element is very site specific and that it clearly describes a very large parcel of Ecke property, though not by name. She believes that when a specific property is clearly identified in this manner that the property owner should be noticed so they are able to provide input to the Commission. Commissioner Schlehuber inquired if Ms. Ecke realized that Mr. Calkins will have the opportunity to address the City Council when it is presented to them. She advised to the affirmative. Commissioner Erwin inquired if this is the same parcel which was recently exchanged by the City. Ms. Ecke replied that the exchange parcel was only 39 acres. There is a total of 400 acres of flower fields. Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, Carlsbad, addressed the Commission and reviewed several recommendations to the Element which were also presented by letter from Bill Hofman dated June 12, 1991. His comments identified inconsistencies in the Element and certain paragraphs which needed clarification, from a developer standpoint. Among other things, Hofman Planning Associates would like to see improved powerline easements given full open space credit. He noted that most developers would also like the ability to process land use applications if the trail system linkage alignments can be agreed upon with staff during the review process. A copy of Mr. Hofman's letter and recommendations, as presented by Mr. Howes, was presented to the Commissioners and the Minutes Clerk and is on file in the Planning Department. Chairman Holmes announced that a letter dated June 12, 1991 had been received from Anne Mauch representing Project Future. No person was present to speak to the Commission so the letter was given to the Minutes Clerk and will be on file in the Planning Department. Project Future does not feel that the Element meets the requirement of the California Government Code, Section 65560 et.seq., because it "...identifies little, and protects nothing." There being no other persons desiring to address the Commission on this topic, Chairman Holmes declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Erwin complimented the citizens committee and the Open Space Advisory Committee for their work on the Element because he was aware that there were many diverse ideas which came forward. I 0 e MINUTES Y 1 June 12, 1991 PLANNING COMMISSION Page 6 COMMISSIONERS Commissioner Schlehuber inquired if staff would need more time to respond to all of the items in the Hofman letter. Michael Holzmiller, Planning Director, replied that some additional time would probably help to enable staff to study all of the comments. However, he reminded the Commission that the Interim Open Space Element expires August 9, 1991 and it doesn't leave a lot of time unless it could be brought back fairly soon. Gary Wayne, Assistant Planning Director, commented that the June 19th meeting was cancelled last week, however the City Council Chambers would still be available. Motion was duly made, seconded, and carried to poll the Commissioners to get their opinion on several of the critical items; staff would then research the other public comments and present the Element again at a Planning Commission to be held at 6:OO p.m. on Wednesday, June 19, 1991, in the City Council Chambers. Erwin Hal 1 Holmes Noble Savary Schlehuber Schramm 1 RECESS I The Planning Commission recessed at 7:37 p.m. and reconvened at 7:50 p.m. The Commissioners discussed granting open space credit for powerline easements. Commissioner Schlehuber doesn't feel powerline easements should be counted as open space because of the health hazards which are being identified. Commissioner Erwin agrees with Commissioner Schlehuber; he doesn't want to encourage people to use the easements for recreation areas until more information is known. Commissioner Schramm doesn't mind having the trail system going through a powerline easement but she doesn't want them counted towards the 15% credit. Commissioners Savary and Noble agree with the previous comments. Commissioner Hall stated that he lives right next to a powerline easement which is well kept. He would like to at least see partial credit given because open space is not all recreational--sometis it is a green belt which is just visual open space. He feels that if no open space credit is given to improved easements, that the powerline easements will become filled with weeds and trash. Chairman Holmes sees no harm in giving the powerline easements a partial credit. Motion was duly made, seconded, and carried to retain Erwin the wording in VII-7, C.ll, that powerline easements Noble as outlined in Section 4, C.7. Holmes shall not be counted towards open space credit except Hall Savary Schlehuber Schramm The Commissioners discussed granting open space credit for private golf courses. 1 v w MINUTES \' v June 12, 1991 PLANNING COMMISSION Page 7 COMMISSIONERS Commissioner Schlehuber would favor providing full credit to private golf courses because of their visual benefit. The flower fields are a different matter because he doesn't want to see people walking all through the flower fields. Commissioner Schramm thinks people should be able to use a trail system near or on a golf course, in which case she could see giving them credit. She feels that private golf courses should only be given partial credit. Chairman Holmes stated that most golf courses discourage dangerous and there is a liability issue to deal with. pedestrians in or near golf courses because it is so Commissioners Savary and Noble agree with the Element as it was drafted with respect to golf courses. Commissioner Erwin agrees that private golf courses should get partial credit. Assuming only partial credit is given, he inquired if developers could develop the area at a future date. Michael Holzmiller, Planning Director, replied that it would depend on whether it met some other requirement. If it counts towards the 15% and nothing else, it is possible to change the designation at a later date. Commissioner Erwin inquired if La Costa and Aviara are locked in. Mr. Holzmiller replied to the affirmative. Commissioner Hall likes the visual impact of golf courses. He believes they should all be given full credit. Chairman Holmes agrees with Commissioner Hall. Motion was duly made, seconded, and FAILED to strike VII-8, C.12 from the draft Element. Commissioner Noble likes the recommendation of Bill Hofman regarding the word change to "discourage" with respect to farming. He believes the trail system should be pedestrian oriented and that bicycles not be allowed. He would not like to see user fees for open space because of the bad reputation that Oceanside has in this regard. Motion was duly made, seconded, and carried to change VII-23, item 8, from three to five years for the update cycle. Motion was duly made, seconded, and carried to change VII-4, 3(e), to eliminate the word "skate-boarding" and replace it with the words "uses other than pedestrian." Erwin Hall Holmes Noble Savary Schlehuber Schramm Erwin Hall Holmes Noble Savary Schlehuber Schramm Erwin Hal 1 Holmes Noble Savary Schlehuber Schramm e 0 MINUTES Y June 12, 1991 PLANNING COMMISSION Page 8 COMMISSIONERS 1 I Motion was duly made, seconded, and carried to change VII-12, C.l, to read, "If determined by the City Council to he feasible from the standpoint of funding, acquisition, maintenance, liability, and other considerations, the City shall.. .'I. Motion was duly made, seconded, and carried to change item and in the reference to bicycling, skate-boarding, and roller-skating, indicate the words "where feasible" after each of those uses. VII-25, Trails, to list each use as a separate line Commissioner Hall asked staff to notify the NortGwest Quadrant Citizens Group, Hofman, and Carltas'about the meeting to be held on June 19, 1991; although the public . . testimony period has been closed. Gary Wayne, Assistant Planning Director, replied that staff would make the necessary contacts. .. Erwin Hall Holmes Noble Savary Schlehuber Schramm Erwin Hall Holmes Noble Savary Schlehuber Schramm I RECESS f '\. I .m. and reconvened - Request for an lement of the te Planner, reviewed the background of ed that the City's present Parks and adopted in 1982. In 1988, an update ed by the Parks and Recreation time, a Council appointed Planning reformatting all of the elements format and content was cons with that of the other elements. After reviewing ft of the updated Open Parks and Recreation Element, staff determined that there were minor inconsistencies between %e two documents. The two documents have been amended so th'q they are now consistent and ready for consideration. They are being processed concurrently and both have the \ upport of their respective Comittees/Commissions which worked on them. Once these two Elements have been adopted, they di41 be incorporated into the comprehensive General Plh update now in process. \ Keith Beverly, Senior Management Analyst, presented'ithe major changes to the Parks and Recreation Element as follo&\,: - Reformatted for consistency with other elements of the, \ \ '.. k General Plan. \. 2, 1. De-emphasizes privatization approach to park development. ~\ I e Strengthens and clarifies goals, objectives, and policy statements. 9 Incorporates City Council action: growth management issues and policies; updated matrix and park inventory; Northwest Quadrant Report of 8/28/90, e MINUTE!! 4 Meeting of: PLANNING COMMISSION Time of Meeting: 6:OO p.m. Date of Meeting: June 19, 1991 y Place of Meeting: City Council Chambers COMMISSIONERS CALL TO ORDER: Chairman Holmes called the Meeting to order at 6:OO p.m. PLEDGE OF ALLEGIANCE was led by Commissioner Hall. ROLL CALL: Present - Chairman Holmes, Commissioners Erwin, Hall, Noble, Savary, Schlehuber, and Schramm Staff Members Present: I Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Terri Woods, Associate Planner Bobbie Hoder, Senior Management Analyst Ron Ball, Assistant City Attorney David Bradstreet, Parks and Recreation Director Keith Beverly, Senior Management Analyst PLANNING COMMISSION PROCEDURES: Chairman Holmes reviewed the Planning Commission procedures on the overhead for the benefit of the audience. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA: There were no comments from the audience. CONTINLTED PUBLIC mING ITEMS: 1) GPA 90-5 - OPEN SPACE AND CONSERVATION ELEMENT - Request for an amendment to the Open Space and Conservation Element of the General Plan. Terri Woods, Associate Planner, gave a synopsis of the public comments made at the meeting of June 12, 1991. She reviewed the staff memo dated June 19, 1991 which addressed each speaker's comments individually, followed by a staff interpretation and recommendation. Commissioner Schlehuber stated that he is aware of the letter which was received only a few hours ago from Carltas Company and that the Commissioners nor staff have had much time to review the comments; he also noted that a representative from Carltas was present at the meeting who was unavailable to speak at the public hearing of June 12, 1991. Commissioner Hall stated that if other Commissioners are agreeable, he would be interested in hearing from Mike Howes and others who made comments last week regarding their feelings on the staff recommendations. At the request of Chairman Holmes, Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, Carlsbad, addressed the Planning Commission to respond to questions by the Commissioners. Chairman Holmes inquired if Mr. Howes had received a copy of the staff memo dated June 19, 1991 with the recommendations. He replied to the affirmative. Mr. Howes stated that he agrees with most of the changes; however, he still had a problem with the clarification of watersheds and floodplains (Memo item #1). He believes that I m MINUTE F y June 19, 1991 PLANNING COMMISSION Page 2 COMMISSIONERS I every piece of land in Carlsbad is in a watershed and that there will be interpretation problems now and in the future. He is also concerned about interpretation of the word "consider" as it relates to hillsides, valleys, and ridges (Memo item #8). He likes the change from "percentage" to "portion" as it relates to buffers (Memo item //9) because every property needs to be evaluated on its own merits. He cannot comment on agricultural lands (Memo item #ll) and would defer to the Carltas Company. He is very satisfied with the change regarding processing of projects (Memo item 1/13) because it will allow projects to continue processing while open space is being considered. Commissioner Erwin inquired if Mr. Howes still has a problem with page VII-18, items A, By C and D and the ratios of 2:l versus 1:l. Mr. Howes agrees that this is still somewhat confusing. Terri Woods, Associate Planner, replied that the 2:l ratio is used only when an additional area is being enhanced, i.e. for mitigation purposes. The ratiq for new , open space would be 2:l. Mr. Howes would like to see the word "enhanced" added to the Element 'in order to avoid confusion. Commissioner Erwin inquired what Mr. Howes dislikes about the watershed and floodplain definitions. He replied that the word "may" leaves it open to interpretation and can be confusing to a developer. He would prefer "would" or "shall. " Commissioner Hall inquired if Mr. Howes can accept the staff comments regarding private open space (Memo item 117). He replied that the Planning Commission made it very clear at the last meeting that only partial credit should be given to private golf courses. From a developer perception, private golf courses provide a visual amenity and should be given full open space credit. For the record, Chairman Holmes announced receipt of a letter dated June 19, 1991 from Christopher C. Calkins, Carltas Company, which had been received by staff by FAX transmission at 3:22 p.m. At the request of Chairman Holmes, John White, Carltas Company, 5600 Avenida Encinas, Suite 100, Carlsbad, addressed the Planning Commission to respond to questions by the Commissioners. Mr. White stated that Mr. Calkins is presently on the East Coast and unavailable for comment, which precipitated the late letter by FAX transmission. Mr. White stated that Carltas' main objection to the Element is the nondistinction between sensitive lands and agriculture lands. Agriculture lands are used for income production. Carltas feels there should be some distinction between agricultural land and land which is sensitive for another reason. He noted that it is difficult to provide public access to agricultural lands; however, if land is set aside for flower growing, Carltas feels it should receive open space credit because it is a visual amenity. Mr. White referred to their recommendation for wording to II.3.B.3. on page 4 of the Carltas letter dated June 19, 1991. Commissioner Schlehuber requested Mr. White to furnish a copy of the Carltas letter to Fay Round, Chairman of the Open Space Advisory Committee. Commissioner Erwin requested Mr. White to review the recommendations being offered by Carltas. He discussed the e w MINUTES y June 19, 1991 PLANNING COMMISSION Page 3 COMMISSIONERS I requested wording changes as outlined on pages 3 and 4 of the Carltas letter. At the request of Chairman Holmes, Mario Monroy, 3610 Carlsbad Boulevard, representing the Northwest Quadrant Citizens Group, addressed the Planning Commission to respond to questions by the Commissioners. He stated that it seems as though the same piece of land is counted towards two different standards and that there are inconsistencies between the code and both of the Elements being presented tonight. For instance, in his interpretation, the code does not allow schools to be counted towards open space. With regard to parks, Mr. Monroy is concerned that although different standards are used in the northwest quadrant than in any other quadrant of the City, it appears that staff continues to manipulate this standard in order to meet future needs. He would like an opinion by the City Attorney. RECESS The Planning Commission recessed at 6:35 p.m. and reconvened at 6:45 p.m. At the request of Chairman Holmes, Fay Round, Chairman of the Open Space Advisory Committee, addressed the Planning Commission to respond to questions by the Commissioners. He has no problem with the comments made by Mike Howes. However, with regard to the requests contained in the Carltas letter dated June 19, 1991, he commented as follows: PAGE 3 B.4 Access - He agrees with discouraging public access to agricultural lands, but this has never been discussed by the Committee. C.9 Open space credit - The Committee only dealt with golf courses and the issue of flower fields was never mentioned. C.14 He deferred to staff on the "Mapable" definition. C.18 Converting open space to recreation uses - Utilities are not needed to all open space areas; however, where open space is converted to recreation, some basic utilities may be needed depending on the type of recreation. PAGE 4 2.C.8 Non-residents utilizing open space and recreation facilities - The Committee does not feel that it is feasible to impose user fees for the trail system; however, there may be uses where it would be feasible to impose user fees and, if feasible, they should be considered. 3.B.3 Site specificity - The Committee had no intention of being site specific on the flower fields. He feels the wording is reasonable if it is understood that the flower fields are not being singled out. He would be wary of any type of incentive program as suggested by Carltas. The Committee's intention was to encourage visible agriculture if it is economically viable, but discourage the premature conversion of agriculture to 0 e MINUTES y June 19, 1991 PLANNING COMMISSION Page 4 COMMISSIONERS I other uses. However, the land owner has a right to make economic decisions regarding his property. 3.C.8 Grading and grubbing - He does not feel that agriculture should have an exemption. There is a lot of environmentally sensitive land available which people may desire to grade and grubb, claiming it is for agricultural purposes. 3.C.2, C.6, and C.10 Sensitive lands - He feels that sensitive lands are sufficiently described in many places. 3.C.11 Could agree with a positive statement rather than a negative statement. PAGE 5 A.7 Conservation - Agrees with the comment. The Committee's intention was to "consider" these areas for use as open space. They were opposed to mass grading and eliminating all of the ridges and hillsides. Commissioner Schlehuber inquired if Mr. Round's comments on 3.B.3 and 3.C.11 (page 4) are contradictory. Mr. Round stated that in C.ll the Committee would encourage agricultural pursuits as long as it is economically viable; however, in 3.B.3, the Committee did not intend to be site specific. He agrees with the Carltas recommendation but objects to the reference to incentive programs. He noted that the Committee had made their recommendation prior to the agreement between the City and Carltas. Commissioner Erwin requested Mr. Round to restate his position on 3.C.8 (page 4) regarding grading and grubbing. He gave a scenario that if his property contained coastal sage and knew that it was suitable for agriculture, i.e. avocados, jojoba, etc., he would want to grade it. He does not feel the agricultural community should have an exemption to grade without recognition of the habitat value. Commissioner Erwin asked staff to comment whether Carltas or any other farmer would have the ability to work their land without getting a permit. Gary Wayne, Assistant Planning Director, replied that the City has a Clearing and Grubbing Ordinance which requires a permit. If land has been, or is, under cultivation, a permit is not required. The ordinance is aimed at the premature grading and grubbing of sensitive resources. A biological report and an archaeological report must be made so that these sensitive lands are not taken out under the guise of agriculture. There have been a number of violations this past year where owners have removed coastal sage and they have been given notices of violation. This is a critical issue and staff would recommend against the Carltas wording. 3.C.8 would not apply to Carltas' existing agricultural uses. Commissioner Schlehuber referred to B.4 (page 3 of the Carltas letter) and asked Mr. Round to restate his position. Mr. Round replied that he can accept the wording suggested by Carltas. Michael Holzmiller, Planning Director, stated that staff totally agrees with the comments offered by Mr. Round. m m MINUTES y June 19, 1991 PLANNING COMMISSION Page 5 COMMISSIONERS Commissioner Hall inquired how many golf courses are in Carlsbad at this time. David Bradstreet, Parks and Recreation Director, replied that there are currently three golf courses as follows: La Costa (privately ownedlprivate access), Rancho Carlsbad (privately owned/public access), and Aviara (public). Commissioner Hall can agree with the staff recommendations. Ron Ball, Assistant City Attorney, noted that the public testimony period was closed at the previous meeting. Public comments have been made in response to inquiry by the Commission. The following specific changes to the Open Space and Conservation Element, as recommended by the staff memo dated June 19, 1991 are set forth below. * Modify Page VII-7, Policy C.7, as follows: City staff shall be given the flexibility to add to the open space inventory maps those new areas which may be created by various circumstances such as, discretionary approvals, land acquisition, and donations of land. * Modify Page VII-8, Objective B.1, as follows: To utilize Specific Plans, Master Plans, and Local Facility Hanagement Plans P$dliClfBL~lifflllB1iS to refine and implement the Open Space and Conservation Resource Management Plan. * Modify Page VII-8, Policy C.21, as follows: The map entitled "Comprehensive Open Space Network Map" dated August 1989, reduced copy attached as Exhibit "C", shall be adopted as the conceptual intentions of the City. As such, the area identified on this map shall constitute prime areas for protection, acquisition, and maintenance through the Open Space and Conservation Resource Management Plan which is to be prepared. Until the Open Space and Conservation Resource Management Plan is dbf the City shall not approve a project &hf6#6 which would preclude the conceptual open space areas of the map, unless after thorough analysis, City Council approves such changes to the Comprehensive Open Space Network Map. Where proposed, trail linkage alignments of the "Comprehensive Open Space Network Map" are different from that on the "Trails Network Map," dated August 1990, the alignments of the "Trails Network Map" shall supersede. prepared, 5418~~lit~f11QrllSdB111)5418ttC~fC41Bfl~fBtCSSC46 * Modify Page VII-11, Policy C.6, as follows: Designate as a buffer a portion jkidkh%dk of land next to sensitive environmental areas. Irldi1~~ltk~$rtk4/~ktC~1tB~klt~ldk ~sf~dlisdk~ld~l~ll(k~Isf~14~t~L - Modify Page VII-11, Policy C.?, as follows: Where feasible from an environmental standpoint, id developments near or adjacent to bodies of water provide open space that has public access to and views of the water. - Modify Page VII-11, Policy C.11, to incorporate the Carltas recommendation to rephrase as a positive statement as follows: Discourage 3fk$kdf the premature elimination of agricultural land. The following specific changes to the Open Space and Conservation Element, as recommended by the staff memo dated June 19, 1991, and Mr. Round's comments are set forth below. - - m e MINUTES Y June 19, 1991 PLANNING COMMISSION Page 6 COMMISSIONERS Gary Wayne, Assistant Planning Director, reviewed the following changes to the Open Space and Conservation Element as recommended by Mike Howes, Hofman Planning Associates; John White, Carltas Company; and Fay Round, Chairman of the Open Space Committee: * Modify Page VII-11, Policy C.13, as follows: Utilize Master Plans and Specific Plans to htksk~l6kissis~kdishs~k encourage the preservation of highly visible areas cultivated for flower production. - Modify Page V11-(6), Objective B.4, to indicate that public access would not be encouraged where access would interfere with the managed production of resources, such as agriculture. * Modify Page VII-(lo), Objective B.3, to indicate that the intent was not site specific and rephrase wording to encourage and support economic viability of agricultural land. All of the Commissioners stated that they could accept the modifications to the Element voted on by the Commission at the last meeting and as recommended by staff at this meeting. Commissioner Noble commented about all of the people he noticed walking in the flower fields this year. He is still not entirely clear about the user fees. He reiterated the problems he has experienced in Oceanside regarding parking and other user fees and he feels it results in a poor image; he doesn't want to see that happen in Carlsbad. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3260 recommending approval of the Negative Declaration and adopt Planning Commission Resolution No. 3261 recommending approval of the Open Space and Conservation Element, including staff recommendations dated June 19, 1991, and wording outlined by Mr. Wayne. Ron Ball, Assistant City Attorney, responded to Mr. Monroy's comment regarding what should meet the 15% open space standard and what should meet the three acre per 1,000 park standard. He stated that as long as those two standards do not prohibit the designation of open space or designation of a park, they are not inconsistent. Each element must be internally consistent and integrated and Mr. Ball believes that these are. He gave an example of what would constitute an inconsistency between elements, i.e. a road policy in the Circulation Element and the road shown in the Open Space Element over a parcel of land designated as open space. If the policy states there will be no roads in open space, those two policies would be contradictory and conflicting because one element could not be implemented without subordinating the other element, which is what the law condemns. The law This condition does not occur between the Open Space Element and the Parks Element. The 15% growth management standard (Open Space Element) stands on its own. The three acres per 1,000 people standard (Parks and Recreation Element) stands on its own and consists of the things spelled out in the element. Neither one of those standards prohibits the implementation of the other. Therefore, they are consistent. does not allow one element to be elevated over the other. Erwin Hall Holmes Noble Savary Schlehuber Schramm ~ I I I JAe HENTHORN & ASSUcI@ES f . 5431 Avenida Encinas Suite G Carlsbd, California 92008 Fax (619) 438-0981 (619) 438-4090 August 15, 1991 Honorable Mayor and City Council Members, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Subject: Open Space and Conservation Element The following comments are offered relative to the Open Space I Conservation Element of the General Plan. .. Staff indicates that the Open Space and Conservation Resou: Management Plan scheduled for completion in December of 1991 w. define terms and determine how to achieve the goals established the element. This approach is proposed for all major issues w. the exception of the treatment of power line easements. The elimination of power line easements from consideration meeting open space standards is not justified in the Element, fact, it is clear that open space credit for these areas could granted in several categories identified in the element. In most instances, these easements are 150 to 200 feet wide. : area encumbered by poles, towers and overhead lines is norma: less than 30 per cent of the width. The residual area, contribui to meeting a number of the goals of the open space and conservat: element as noted below: 1.The easements provide opportunities for trails, wildl: corridors and the preservation and enhancement of sensit: plant species. These are definitive goals of the element i indicate that credit for preservation should be considel where such benefit can be demonstrated to exist. 2. By their very nature, the easements are left in azr 01 condition due to safety considerations relating to acces maintenance and separation from structures, It would appc that open space credit under the open space for public safc provisions might be in order. It is requested that the issue of power line easement credit afforded the same level of analysis and fore thought as t definition of terms such as Itsensitive'# and Ituniqueqt. Therefo~ it is suggested that references eliminating power line easeme credit be removed and that the following wording be inserted: "Major power line easements may be credited toward open space requirements in accordance with the provisions of the Open Spz Ill . ' and Conservation Management Plan" e e This would allow adequate analysis of the impact of restricti easement credit as it relates to: 1. Growth Management Program, - changes in performar standards will impact already adopted LFMPs and impair t ability to make growth management conformity findings 2. Mello Roos CFD - if open space requirements are shifted developable areas, revenue generation will be reduc requiring higher tax burdens or slower constuctiontimetable and , 3. Affordable Housing - increases in on site open 'spa resulting from the elimination .of open space credit for PO% line easements will increase per unit land costs, there driving housing costs higher and requiring higher levels public inecntives. This appears to conflict with the dra Housing Element's discussion of mitigation for open spa1 requirements (Housing Element, page 81). If you have any questions or need additional information, plea contact our offices at your convenience. Thank you for you consideration. cc : City Manager Assistant City Manager/Community Development Planning Director 0 0 PROJECT FUTURE P.0, BOX 4650 Onrlsbad, Cab, 920&,8 By FAX August 20, 19 TO: City Council City of Carlsbad RE: General Plan Update - Open Space 6( Conservation Elements - GI 90-5 Agenda Bill 11,30$. ear city Councilmembers, It has been three years since the City first decicied to undertak a comprehensive revision of the General Plan. In those three year a piecemeal approach has prevailed I ,. , the Open Space an Conservation Element was held up 2 years to make revisiona to th Parks and Recreation Element. We include by reference our previous comments an the Negativ Declaration and the Element, 86 well as the comments mads b others. We do not believe that adequate coverage of the tsubject as par th guidelinas set forth by the Off ice of Planning and Research ha bean done + Again, we feel the adoption of the Open Space and Conssrvatio~ Element at this time seems ta be simply a holding action -. . unti: a Comprehensive Genaral Plan Revision is dane. This seems a waatr of bath resources and manpower. We do n~k brslievc the document is adequate far tne reasons sat forth in the various commenta made before, Staff's responses werc essentially non-responsive. Sincerely , Anne Mauch I GLk. Prwj ect Future """" __"__ """" ~" - -- .- - ." 4 - w DRAFT CITY OF CARLSBAD GENERAL PLAN OPEN SPACE & CONSERVATION ELEMENTS . i .- SECTlOh REVISED JUNE 1 4 e TABLE OF CONTENTS I. PREFACE AND INTRODUCTION II. OPEN SPACE ELEMENT STATE LAW AND DEFINITION 1. OPEN SPACE PLANNING AND PROTECTION A. GOALS B. OBJECTIVES C. IMPLEMENTING POLICIES AND ACTION PROGRAMS 2. OBTAINING OPEN SPACE A. GOALS B. OBJECTIVES C. IMPLEMENTING POLICIES. AND ACTION PROGRAMS 3. SPECIAL RESOURCE PROTECTION A. GOALS B. OBJECTIVES C. IMPLEMENTING POLICIES AND ACTION PROGRAMS 4. TRAIULINKAGE SYSTEM A. GOALS B. OBJECTIVES C. IMPLEMENTING POLICIES AND ACTION PROGRAMS Ill. CONSERVATION ELEMENT STATE LAW A. GOALS B. OBJECTIVES C. IMPLEMENTING POLICIES AND ACTION PROGRAMS IV. FRAMEWORK FOR AN OPEN SPACE AND CONSERVATION RESOURCE MANAGEMENT PIAN V. APPENDIX VII-i - PP L \ \ \ \ \ ! \ \ V v V v V v v v v U v v \ L L c e e *; I. PREFACE AND INTRODUCTION The Open Space and Conservation Elements of the General Plan coordinate and gu decisions related predominantly to the undeveloped land and water surfaces wh influence and shape the formal quality of Carlsbad's physical environments. The Open Space Element serves as an official policy statement for the identificati preservation, conservation and acquisition of open space in the City. The Conserval Element is addressed to resource management -- the planned management of a natr resource to prevent exploitation, destruction or neglect. It is the intent of the Open Space and Conservation Elements to: 1. Realize the social, economic, aesthetic and environmental benefits which acc from the preservation of Open Space within an urban environment. 2. Ensure the benefits which accrue from the conservation, management 2 utilization of natural resources. . " .. - The Open Space and Conservation Elements are not intended, and shall not construed, as authorizing the City to exercise its power to adopt, amend or repeal Open Space or conservation zoning ordinance in a manner which will take or dam; private property for public use without payment of just compensation therefore. This F is not intended to increase or decrease the rights of any owner of property under Constitution of the State of California or of the United States. Goals, objectives and action programs to preserve and regulate land for Open Space : should also be developed using these Elements as a basis. The main intent of thl Elements is to: 1. Provide specific programs for the preservation and conservation of land i natural features and for regulations necessary to control the possible nega impact of development which may be allowed. conservation purposes are included in these Elements, Future policies and progri 2. Identify and protect where appropriate existing open land, natural resources environmental features as integral and necessary components of the Open Sp and Conservation Elements. 3. Provide a framework and guidelines for Open Space and conservation systt as described in the Open Space and Conservation Resource Management I and as identified on the maps titled "Open Space and Conservation Map" d: August 9,1988 and "Comprehensive Open Space Network Map" dated Septerr 1, 1989. These maps identify important recreation, ecological, natural, SCI VII-1 e e resources and proposed linkage routes relating to a comprehensive trail : habitat linkage system. They also identify hazardous areas which should not developed or where development should be limited to ensure public health E safety. The contents of the Open Space and Conservation Elements meet the requirement$ State Law and provide the City of Carlsbad with a comprehensive document dealing \i Open Space and conservation resource management. The structure of the Elements contained herein is as follows: Open Space Element . State Law and Definition 0 Goals e Objectives 0 Implementing Policies and Action Programs For organization clarity, the goals, objectives and implementing policies i action programs have been grouped into four categories or topics: 01 Space planning and protection; obtaining Open Space; special resou protection; and trails/linkage system. However, the goals apply equall! all four categories. Conservation Element 0 State Law 0 Goals 0 Objectives . Implementing Policies and Action Programs Framework for an Open Space and Conservation Resou Manaclement Plan Intent Implementation II. OPEN SPACE ELEMENT State Law and Definition Under State Law (Section 65560 et.seq., California Government Code), cities must ad an Open Space plan for 'I. . . the comprehensive and long range preservation and Vll-2 a 0 conservation of Open Space land within its jurisdiction." Because of Carlsbad's unic environment and Open Space opportunities, a special definition of open space has bc adopted which includes and expands upon all the types of Open Space provided fc the state law. In Carlsbad, "Open Space: is defined as any area of land or water wh for whatever reason, is not developed for urbanized uses and which therefore enhan residents' quality of life. The Open Space may be in its natural state or modified in s' a way that the modification itself contributes to this enhancement. Open Space may fall into five major categories: 1) Open Space for the preservation of natural resources, including, but not limitec 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 waters lands. e) Hillside, slopes and canyons necessary for the preservation of nal resources. 2) Open Space uses for the managed production of resources, including, but limited to: a) Forest lands, rangeland, agricultural and horticultural lands, incluc greenhouses. b) Areas required for recharge of ground water basins. c) Bays, estuaries, marshes, rivers and streams which are important for management of commercial fisheries. d) Areas containing major mineral deposits, including those in short sup 3) Open Space for programmed and unprogrammed outdoor recreation, incluc but not limited to: a) School playgrounds and athletic fields. Vll-3 a 0 b) Park and recreation areas, including those areas giving access lakeshores, beaches, lagoons, rivers and streams. c) Areas which serve as links between major recreation and Open Sp reservation, including utility easements, banks of rivers and streams, sc( highway and railroad corridors. d) Trails for walking and hiking. e) Separate trails for biking and uses other than pedestrian. f) Wilderness areas and nature preserves. g) Campgrounds. h) Golf courses. 4) Open Space for aesthetic, cultural and educational considerations, including, . ” - not limited to: a) Areas of important scenic, historic and cultural value, including signifit geological, paleontological, archaeological areas. b) Areas which provide a buffer between land uses, including larger i standard setbacks around buildings and along roadways. c) Areas which provide separation from surrounding communities. d) Museums, arboreta, zoologic and botanical gardens. 5) Open Space for public health and safety, including, but not limited to: a) Areas which require a special management or regulations becaus hazardous or special conditions. Examples: safety zones in the vicini airports, earthquake fault zones, steep slopes, unstable soils ar watersheds, floodplains, areas prone to landslides. b) Areas presenting high fire risks. c) Areas required for the protection of water quality and water reservoir! d) Areas required for the protection and enhancement of air quality. e) Bluffs subject to wave erosion. Vll-4 0 0 GOALS, OBJECTIVES AND IMPLEMENTING POLICIES AND ACTION PROGRA 1. OPEN SPACE PLANNING AND PROTECTION A. GOALS A.l Coordinate Open Space uses with other land uses for mutual enhancen and creation of a "human" urban environment, which includes, but is limited to, development and expansion of recreational land, conservatic natural and manmade amenities, and preservation of options with reL to agricultural land. A.2 Preserve and create an Open Space system of aesthetic value that maintain community identity, achieve a sense of natural spaciousness, provide visual relief in the Cityscape. A.3 Provide a balance of visual, passive and active Open Space uses wi each of the four quadrants of the City. A.4 Identify Open Space as an essential component or quality-of-life provi: necessary to provide the citizens of Carlsbad with safe and healthy lb conditions. A.5 Utilize Open Space to delineate neighborhoods, the City's boundaries to buffer major land uses within the City. A.6 Preserve an adequate amount and variety of Open Space for outd recreation which shall include, but not be limited to, parks, beaches, ar for organized sports, connecting corridors with trails, water recreation ar (beaches, lagoons, lakes), unique conservation areas for nature study, l semi-developed areas for camping. B. OBJECTIVES 6.1 To preserve, protect and enhance those areas of the City that pro1 unique and special Open Space functions including, but not limited cultural and visual amenities, active and passive recreational u: landmarks, buffers between incompatible land uses, wildlife habitats unique and desirable vegetation. 6.2 To develop a cohesive policy and plan setting forth Open Space goals I guiding the systematic acquisition, protection, maintenance and financ of Open Space and providing an organizational structure to implement plan. VII-5 f a 0 9.3 To create a more rural atmosphere in the urban environment, the ( should identify, acquire, and protect natural Open Space areas which visible from public gathering places. 8.4. To encourage public access to all Open Space areas except wh sensitive resources may be threatened or damaged, where the public he; and safety may be compromised or where access would interfere with managed production of resources, such as agriculture. 8.5 To mandate Open Space as a necessary provision of the local facili management plans which are required by the Growth Managerr Ordinance. 9.6 To provide for parks and plazas and preserve natural areas wi developments. 8.7 To encourage increased setbacks along arterial corridors and estab greenbelts or similar areas to preserve and/or create Open Space area: land uses, and achieving a sense of natural openness as an integral 1 - a means of maintaining community scale and identity, separating conflic of urban surroundings. 8.8 To establish standards of Open Space by type of Open Space rather tl the general category of Open Space. 9.9 To provide for the distribution of passive recreation areas throughout four quadrants of the City and to separate them from active recreatic uses where possible. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.1 Open Space shall be used to provide neighborhood, community, and 1 identity and to provide separations between conflicting land uses. C.2 An Open Space Advisory Committee shall be established. The Committc responsibilities shall include: (1) Advocacy of Open Space; (2) Recommendations to the Planning Commission and City Counci Open Space issues; (3) Continued development and revision of Open Space policiea defined by the City’s Open Space ordinances and programs; (4) Monitoring implementation of Open Space policies; Vll-6 e a (5) Recommending priorities for Open Space, including acquisition, u (6) Setting and refining guidelines for specific project review of OF and maintenance programs, on at least an annual basis; Space. C.3 The Open Space Ordinance shall require monitoring of Open Space dur the entire development/construction process. C.4 The City shall identify existing Open Space for potential enhancemen increase its habitat, visual, or physical values. C.5 Citywide maps and diagrams shall be prepared showing the following (1 ) Natural resources (2) Designated Open Space (3) Existing and proposed Open Space (4) Open Space linkages C.6 As specific mapping information becomes available regarding Open Sp: that precise information shall be depicted on land use maps, zoning mE and the City's Open Space maps.. C.7 City staff shall be given the flexibility to add to the Open Space invenl maps, those new areas which may be created by various circumstanc such as, discretionary approvals, land acquisition, and donations of la C.8 The Growth Management Ordinance shall be utilized to implement the g( and objectives of this Element and establish standards for Open Spac C.9 Land area that othewise qualifies for measurement toward the gro Management standard but which is not available without some monetar other consideration for use by the general public shall be considerec meeting only a certain percentage of the performance standard, ' percentage to be determined by the adoption of a new City standard. other land area which qualifies for measurement toward the performa standard will be given 100% credit toward those standards. C.10 The Open Space Ordinance, No. 9795, shall be revised and amendec (1) more precisely identify and define lands considered as undevelopa (2) include provisions for buffer areas around sensitive lands; (3) define word significant; and (4) include specific conditions and restrictions on r residential development. Vll-7 e 0 C.11 Powerline easements shall not be counted toward meeting the Open Sp: standard, except as provided for on page VII-14, Policy C.7. C.12 Private golf courses may receive only partial credit in meeting The extent of the credit shall be determined by a new standard. C.13 Schools, public or private, shall not be counted in meeting the Open Sp; performance standards and only if significant visual benefit is determin performance standards. C.14 All mappable land set aside as Open Space shall be zoned Open Spa C.15 At the time of any discretionary approval, any land set aside for its hah or scenic value shall have an appropriate easement and/or zoning plac on it for resource protection. C.16 Where feasible, panoramic viewpoints shall be identified and preserved public use. C.17 The City shall acquire, protect or negotiate for public access to lands t could be used for passive recreational uses. C.18 Open Space areas designated for recreational use should be accessiblt the public and should be provided with essential utilities, public facilities i services. C.19 Any development which may be permitted in areas identified as Of Space shall be consistent with the Open Space and Conservation Resou Management Plan. C.20 That the "Open Space and Conservation Map," dated August 9, 1988, adopted as the City's official Open Space Map. (See Exhibit ''8'') c.21 The map entitled "Comprehensive Open Space Network Map" dated Aug 1989, (see Exhibit 'C"), shall be adopted as the conceptual intentions of City. As such, the area identified on this map shall constitute prime arc for protection, acquisition, and maintenance through the Open Space : Consetvation Resource Management Plan which is to be prepared. 1 the Open Space and Conservation Resource Management Plan prepared, the Crty shall not approve a project which would preclude conceptual open space areas of the map, unless after thorough analy City Council approves such changes to the Comprehensive Open Sp; Network Map. Where proposed trail linkage alignments of "Comprehensive Open Space Network Map" are different from that on Vll-8 a e "Trails Network Map," dated August 1990, the alignments of the "TI Network Map" shall supersede. C.22 The following is the formalized procedure for adjusting the boundarie: any open space area shown on the map titled "Open Space Conservation Map" dated August 9, 1988. Findings required for approval of a boundary adjustment to the map are as follows: (1) The proposed open space area is equal to or greater than the 2 depicted on the Open Space and Conservation Map; and (2) The proposed open space area is of environmental quality equ: or greater than that depicted on the Open Space and Conserva Map; and (3) The proposed adjustment to open space, as depicted on the 0 Space and Conservation Map, is contiguous or within close proxil to open space as shown on the Open Space Map.. - The City Council may also modify the boundary location shown on the o space maps but only if it finds that the modification is necessary to miti! a sensitive environmental area which is impacted by development, provi the boundary modification preserves open space at a 2 to 1 I original area of open space. Additionally, City Council may exempt pi rights-of-way from the boundary adjustment procedures. Howe environmental analysis shall be performed for all proposed public right: way improvements, and if determined that there are significant advc impacts to the value of the Open Space system, those impacts shal mitigated. (proposed acreage to existing acreage) and is within close proximity to 2. OBTAINING OPEN SPACE A. GOALS A.l Explore all means of providing for Open Space needs. A.2 Assure new development provides for the Open Space needs of ' occupants. Vll-9 e * B. 0 BJ ECTIVES B.l To utilize Specific Plans, Master Plans and Local Facility Management PI: to refine and implement the Open Space and Conservation Resou Management Plan. 8.2 To promote the development and preservation of Open Space : conservation systems by developing methods of financing to acqL preserve, and maintain them. 6.3 To fund by General Obligation Bonds, if possible, a well-balanc acquisition program providing a variety of Open Space opportunities sprc throughout the community. 8.4 To assure that, to the maximum degree possible, those benefitting from acquisition or improvement of Open Space and recreational facilities s provide funding in direct proportion to the benefits they derive. 6.5 To encourage a combination of both private and public Open Space. C. IMPLEMENTING POLICIES AND' ACTION PROGRAMS C.l Exactions from new developments shall include, but not be limited legislative protection, Quimby Act dedication, park-in-lieu fees, indus recreation fees, setback requirements, the provision of esser improvements, and the adoption of appropriate Local Facility Manager Plans, Master Plans, and .Specific Plans. C.2 An annual review of the methods and programs for acquiring Open Sp, and parks in the City of Carlsbad shall be conducted and should inclL specifically, but not be limited to, the Quimby Act standards and the park lieu fees. C.3 Initiate, coordinate, and supervise specific implementation programs both short-range and long-range plans, including among other items Capital Improvement Program, Growth Management Pian, a financial p proposed changes to the City's development regulations, and acquisition of fee and less than fee rights to land. C.4 The City shall create a trust or other mechanism to facilitate prh donations for Open Space acquisitions, protection, improvements, maintenance. VII-10 0 0 C.5 The City shall encourage private donations for Open Space acquisiti protection, improvement, or maintenance by placing the donors’ names permanent markers at the sites of their gifts. C.6 Where public funding is necessary for Open Space purposes, Gent Obligation Bonds shall be considered a highly desirable source of fundi C.7 The City should consider the exchange of excess vacant lands for m desirable Open Space areas. C48 The City shall consider appropriate user fees for non-residents utili2 Carlsbad’s Open Space and recreation facilities. 3. SPECIAL RESOURCE PROTECTION A. GOALS A.l Prohibit development on environmentally sensitive land and buffer are; A.2 Protect and preserve visually attractive and/or significant natural areas A.3 Preserve Open Space areas in as natural a state as possible. A.4 Preserve optimum sustainable environmental quality levels with respec - air, water, sound levels, and plant and animal life. A.5 Preserve as Open Space, agricultural land, hillsides, ridges, vah canyons, lagoons, beaches and other unique resources that provide vi5 and physical relief to the Cityscape. B. OB J ECTlVES 6.1 To identify sensitive and constrained lands and prohibit their developn and inclusion for density credit. 6.2 To protect public health and safety by preserving natural and man-m hazard areas as Open Space and taking special precautionary measi to protect the public safety where development is possible and permit 6.3. To encourage and support the economic viability of agricultural land. 8.4 To preserve areas of unique scenic, historical and cultural value. B.5 To develop cuItural/educational amenities within Open Space areas. VII-11 e 0 C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.1 Utilize sensitive design criteria to preserve the unique and special resour1 in the City and to integrate them into the design of any development. C.2 Develop ordinances to define sensitive and constrained lands, and prot development and density credit thereon. C.3 Development on hillsides (if allowed) shall relate to the slope of the Ian1 order to preserve the integrity of the hillsides. C.4 Designate for preservation as Open Space those areas that provide unil visual amenities and define the urban form. These areas shall incl agriculture, hillsides, ridges, valleys, canyons, beaches, lagoons, lakes other unique resources that provide visual and physical relief to Cityscape by creating natural contrasts to the built-up, manmade scer C.5 Consider for Open Space, hillsides, valleys and ridges during the apprc of Specific Plans, Master Plans and Planned Developments, and also at time of subdivision. C.6 Designate as a buffer a portion of land next to sensitive environme areas. C.7 Where feasible from an environmental standpoint, developments nea adjacent to bodies of water, provide Open Space that has public acces and views of the water. C.8 Any grading, grubbing, or clearing of vegetation in undeveloped areas z require a City permit, with appropriate penalties for violations. C.9 The City shall ensure that the improvements recommended for Open SF areas are appropriate for the type of Open Space and the use propo! No improvements shall be made in environmentally sensitive areas, exc to enhance the environmental value of the areas. C.10 Agricultural use shall be encouraged as a permissible land use in a1 designated as Open Space in non-environmentally sensitive areas. C.ll Discourage the premature elimination of agricultural land. C.12 Use of the Williamson Act, land dedication, scenic easements, or C Space easements shall be pursued to preserve unique and spc resources in the City. Vll-12 e 0 C.13 Utilize Master Plans and Specific Plans to encourage the preservatior highly visible areas cultivated for flower production. 4. TRAlL/LINKAGE SYSTEM A. GOALS A.1 Encourage larger and connected Open Space areas rather than numer and disconnected areas. A.2 Create natural and man-made links between Open Space areas. B. OBJECTIVES B.l To address a Citywide and interconnecting trail system when conside and reviewing local facilities management plans, major developn applications and applications involving potential linkage. 8.2 To ensure that there is continuity and environmental sensitivity in the rou and design of the trail system. B.3 To route trails near environmentally sensitive areas, with appropriate bui or fencing. 8.4 To provide trails that serve as pedestrian and bicycle transporta between residential and commercial areas, as well as purely recreatic uses. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.l If determined by the City Council to be feasible from the standpoir funding, acquisition, maintenance, liability, and other considerations, the shall establish a Citywide interconnecting trail system, primarily pedes1 oriented but for bicycles where feasible. C.2 The City shall participate with other north county communities to estat an intercommunity Open Space linkage program. C.3 When trails are proposed or required, the City shall obtain an irrevoc' offer to dedicate or a permanent easement for trailways where feasibl C.4 The trail system shall be designed to serve both recreation and I motorized transportation purposes. VII-13 (b 0 - C.5 The trail system shall provide linkage from major recreational/Open sp< areas to other areas of activity, including but not limited to resider neighborhoods, places of employment, schools, libraries, and viewpoil C.6. Trails shall be sensitive to surrounding land uses and shall normally placed at a significantly different elevation than adjacent residences. C.7 Major powerline easements may receive only partial credit and only w they are enhanced or improved and provide key links in the trail syst The extent of credit shall be determined by a new standard. C.8 The "Trails Network Map," dated August 1990, depicts the concep representation of the possible trail alignments in the City. Until final stuc are completed, and City Council takes formal action on the concept 1 City-wide trail system, no application shall be accepted or processed, project approved, which would preclude the trail alignments as depictec the "Trails Network Map," dated August 1990, reduced copy attachec Exhibit "D". Where there are differences between the "Trails Network fv and the "Comprehensive Open Space Network Map," th.e trail alignmt of the "Trails Network Map" shall supersede. VII-14 e 0 111. CONSERVATION ELEMENT State Law Under State Law (Section 65302(d) et. seq. California Government Code) cities n adopt a conservation plan. In order to enhance the relationship between residents and their surroundings an( guarantee the viability of the natural and human ecosystems, the Conservation Elen must acknowledge and plan for the physical resources, the cultural resources, and natural processes within or around the jurisdiction. The following resource catego must be inciuded: 1. 2. 3. 4. 5. 7. 8. 9. 6, Water Forests Soils Rivers and Other Waters Harbors Wildlife Minerals Other Natural Resources Fisheries In addition to those listed above, Carlsbad’s Conservation Element also addresses issues of solid waste and sewage management. A. GOALS A.l Coordinate the conservation of natural and man-made resources with Il use for mutual enhancement. A.2 Conserve optimum environmental quality levels with respect to air, wi sound levels, and plant and animal life. A.3 Prevent incompatible development of areas that should be reservec regulated for scenic, historic, conservation or public health and sa purposes. A.4 Preserve an adequate amount and variety of unique conservation areas nature study. A.5 Protect wildlife habitat through the preservation and enhancemenl feeding, nesting, and breeding areas, VII-15 0 0 A.6 Conserve and encourage the use of appropriate forms of vegetation sensitive grading techniques needed to: (a) prevent erosion, siltation flooding, (b) protect air and water resources, and (c) protect and enha visual resources. A.7 Conserve Carlsbad’s hillsides and ridges as important visual and nai features. B. OBJECTIVES B.l To preserve natural resource by: protecting fish, wildlife, and vegetz habitats: retaining the natural character of waterways, shoreline featL hillsides, and scenic areas and viewpoints: safeguarding areas for scier and educational research; respecting the limitations for air and m resources to absorb pollution; encouraging legislation that will a! logically in preserving these resources. B.2 To develop a cohesive policy and plan setting forth consen/ation goals guiding the systematic acquisition, protection, maintenance and finan of conservation resources and providing an organizational structurl implement the plan. - B.3 To utilize Specific Plans, Master Plans and Public Facility Plans to refine implement the Open Space and Conservation Resource Management F B.4 To promote the development and preservation of conservation system: developing methods of financing to acquire, preserve, and mair conservation programs. B.5 To protect the unique variety of landforms distinctive of the C topography and ensure that the development process considers and str to preserve these landforms rather than create an unnatural, unii landscape. B.6 To preserve the identity of those areas of the City with unique topogra features and establish proper soil management techniques to eliminal minimize adverse and unsafe soil conditions. 8.7 To manage agricultural land and prime soil as a natural resource and significant contrasting land use to the urbanized environment of the C B.8 To prevent the premature elimination of agricultural land and preserve lands wherever feasible. VII-16 0 0 B.9 To conserve, and protect the water resources including, but not limitec floodplains, shoreline, lagoons, waterways, lakes, ponds, and the Ocei B.10 To conserve and efficiently manage the potable water resources avail: to the City of Carlsbad. B.l I To manage the disposal or recycling of solid waste and sewage within City. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.l Grading shall be accomplished in a manner that will maintain appearance of natural hillsides and other landforms wherever possiblc C.2 Soil reports, plans for erosion and sediment control measures provisions of maintenance responsibilities shall be a requirement of approval process. C.3 Ordinances shall be developed and implemented limiting the den intensity and character of development of hillside areas and ridges and s provide standards for sensitive grading where development of hillside allowed. c.4 Natural water resources in the City of Carlsbad shall be maintained ir natural a state as possible by: (a) conserving or improving the appeara and ecology of those which are in a relatively untouched condition; restoring, in accordance with recognized ecological principles and insc as it is possible, those water areas which have been significantly alterec a condition which is most beneficial to the public; and (c) simulatin natural condition in areas which are to be altered in the future for purpo of safety engineering, water conservation, or recreation. C.5 Industrial waste, agricultural runoff, water softener discharges, dome detergents, and other forms of water pollution shall be prevented fr entering the storm drain system and polluting the City’s water bodies. C.6 Sensitive design criteria shall be utilized to protect the integrity of the Wi resources in the City. C.7 Alteration of waterways and water bodies that would cause signific adverse impacts on the environment shall be prohibited. C.8 Urban development shall take place in those areas that are the le agriculturally productive. VII-I 7 e e C.9 The City shall support and utilize all measures available, including Williamson Act, not only to prevent premature developments, but alsc promote the economic viability of agricultural uses. C.10 Proper design criteria shall be utilized to maximize the preservatior agricultural lands. C.11 Landowners and interested citizens shall be provided with information at agricultural preserves as established by the Williamson Act and shall encouraged to utilize it. C.12 The policies of the California Coastal Plan shall be recognized i implemented when reviewing potential development in the coastal are: C.13 The City shall assist other organizations in providing for their spec conservation needs. C.14 A long range plan shall be prepared to ensure the provision for adeql potable water and to address water conservation and reclamation progr C.15 The city shall cooperate with other jurisdictions to ensure the tin provision of solid waste management and sewage disposal capacity. IV. FRAMEWORK FOR AN OPEN SPACE AND CONSERVATIl RESOURCE MANAGEMENT PLAN 1. INTENT OF PLAN This section, including textual content, graphic presentations and subsequl mandated Open Space zoning requirements, constitutes a framework for an 01 Space and Conservation Resource Management Plan. The intent of the Plan i: accomplish the goals, objectives and policies of the Elements and to focus ( efforts for the preservation, acquisition and maintenance of Open Space i conservation areas. The Plan shall be structured to identify the resource ar and establish standards for acquisition and development. The intent is to man; properly the City’s environmental resources and Open Space and to dev6 specific criteria for the protection, maintenance and enhancement of valuz natural, economic and cultural resources. Once the Plan is formulated i Conservation Elements. adopted, it shall replace the framework as part of the Open Space i VII-18 e e 2. - IMPLEMENTATION Development of a viable plan for Open Space and Conservation ResoL Management requires a concurrent implementation program. Such a prog must identify public and private areas of cooperation and the tools needec develop a plan. As such, this implementation program discusses existing soul 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 presentation 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 I 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. Tt 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 techni4ues; C) An acquisition financing matrix; and D) Recommendations for other actions 'to be undertaker the City in formulating a detailed implementation program for an Open Space , Conservation Resource Management Wan. The methods for acquiring 0' Space and financing techniques are described in detail in the appendix secti A) METHODS OF ACQUIRING OPEN SPACE (I) Special Zoning (2) Land Trusts/Conservancy (3) Special District or Authority (4) Williamson Act (5) General Plan, Growth Management and Other Zoning Ordinanc 6) FINANCING TECHNIQUES (1) General Fund (2) General Obligation Bonds (3) Limited Obligation Bonds (4) Senior Obligation Bonds VII-19 0 0 (5) (6) (7) (8) (9) (1 0) (1 1) (1 2) (1 3) (1 4) 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 (1 5) Other Tax Revenue (1 6) Private Grants or Donations (17) State Grants Several state grant programs exist which provide funds for Open SF acquisitions of improvements, including the following: 1. Coastal Conservancy: Agriculture Preservation Projects 2. Coastal Conservancy: Coastal and Bay Public Access Prograr 3. Coastal Conservancy: Coastal Restoration Projects 4. Coastal conservancy: Nonprofit Organization Assistance Prog 5. Coastal conservancy: Enhancement Grants 6. Coastal Conservancy: Site Reservation Projects 7. Coastal Conservancy: Urban Waterfronts Restoration Program 8. Fish and Game: Public Access Program Vll-20 - e 0 9. Parks and Recreation: Land and Water Conservation Fund Progl 10. Resources: Environment License Plate Fund 11. Proposition 70: Parks and Wildlife Initiative 12. Water Resources: Davis-Grunsky Act C) ACQUISITION AND FINANCING MATRIX The matrix included herein as Exhibit “A’, illustrates the primary i secondary acquisition and financing techniques recommended for diffel types of Open Space in different types of planning areas. Three comr types of planning areas which have varying opportunities and constra for Open Space preservation are presented in the matrix: 0 Built-out communities with mostly small ownerships; 0 Undeveloped communities under multiple ownerships; 0 Undeveloped communities .under large ownerships; . ” ,. - For each community type, five kinds of Open Space are identified: 0 Environmentally constrained land; 0 Visual Open Space; 0 Recreational land; .. Agricultural land; Trails. D) OTHER RECOMMENDATIONS FOR IMPLEMENTATION OF A PLAl 1. Coordinate the City’s Open Space and Conservation efforts ’ those of other affected agencies. 2. Conduct detailed analysis of archaeology, paleontology, geolc hydrology, soils, plant and animal ecology, climate, and 01 resources which are fundamental to the planning of a viable i effective Open Space and conservation system. Vll-21 L 3. 4. 5. 6. 7. 8. 9. 10. e 0 Develop detailed demand estimates, space standards, and sen area criteria for all forms of Open Space, conservation, scz highways and recreation in the City. Compare the full range of demands for various types of 01 Space, conservation, scenic highways and recreation lands with inventory of natural and man-made resources of the City. Develop a procedure by which the City can monitor and manage sector development actions. Prepare design Standards for improvements to prototype site pl and Open Space, conservation, scenic highway and recrea lands. Provide information to the public on estate, income, and propeQ and other matters relating to various forms of gifts to the City. Within one year of adoption of these Elements, the City shall prer the Open Space and Conservation Resource Management F The Plan shall be updated at least every five years after adopl The purpose of this plan shall be to optimize the benefits of City’s unique features, setting and environment, and to provide the recreational, public health and welfare needs of the populat The Plan will consist of maps of the entire City on which will indicated all existing and proposed Open Space and conserva areas, trails, and habitat links. The Plan will define standards Open Space and conservation facilities to be included in the Grc Management Program and other City programs and ordinanl The Plan will also include text and graphics describing each of lands or locations, including the approximate size of the sites, purposes and functions they are intended to serve, their cur status of development and ownership, their estimated costs, and means recommended to implement their inclusion in the sysi These recommendations shall describe the character of owner! desired, the financing method to be used for the acquisition, methods of implementation, and the operational costs responsibilities for the facilities. economic effects of actual change produced by public and pril Undertake specific site evaluations with the intent of securing o space easements in accordance with adopted policies and plal The following is an Open Space inventory listing which shall completed as part of the Open Space and Conservation Resol Management Plan. This list may be added to or modified in future as deemed necessary. Vll-22 e e Type of Open Space Quantity Now Quantity/Build Out - Ecological Preserves Under existing ordinances - Streams (June 30, 1989) - Lagoons, active: skiing wind surfing canoeing - Lagoons, passive - Beaches: ocean lagoon lake - Hillsides/canyons - Woodlands - Equestrian facilities - Agricultural: Flower fields Greenhouses Horticulture Field Crops - Aquaculture - School Grounds - Pks/Rec. Public: soccer tennis go If picnic softball play apparatus football basketball swimming handball skateboarding - Pks/Rec. Private: soccer tennis golf picnic softball play apparatus football Vll-23 9 e - basketball swimming handball skateboarding - Utility Easements - Railroad Corridors - Arterial setbacks - Trails: walking biking skateboarding (where feasible) roller skating (where feasible) equestrian public private - Campground: - Golf Courses: public private - Historic Areas - Paleontological Areas - Geological Areas (unique) - Greenbelt Buffers - .. VI" m e E v, w 3 wg zg 9? u 5: I-u zz r LL ruqrequrlo QunruruoD 1cJoJduoN lsrul llJoJduON suo!ssaauoD saai Jasn 30~~~ slaumoawoH/.lr!a w-Ss=w saa"o~~a~ spun4 pauq DlSAUd VI w 3 zx z 9 s: tI- yu a= V S$ 2 U m W 3 0s 25 g? E* 2+ s ".& ow Q bn c u c 3 c .cI iz rn b) 3 tT c .d 5 g rad UOpaAUOD 1wvp>!Jnv suo!lruoa s,'d'O.3 SPuoa '0'3 SlU.JI) a>par!a ruausrassv rooy-ot~a~ read aav Xqur!no e.4 I!Ra*j JUWd pun4 lrlauag papmaN Su!auru!d ON . (aqlat!a wads JO Xl!3) uo!l!s!nb3y 1!1qnd uo!aa>tpoa pur1 av Aqu!nO tup102 8~l1u.w ~aasnn aq uorrur!n!M .uo!~!spb,v ;SNl lUoldUoN Sxu taurruaaa8y WaWdq8Aaa UOlll8lOJd BA!lmIS!%*l 8(nM %sl auw88ru.yy ~Wo~ TI ("!I?, ~ :c 1 P\-i I ii'i : .(-:!-I :- - ~ i8 i' *;e *: TI c !-\ P - ! 'CI 1 - -,a! :* *" -! - I-! -I ,. )-,,A ~ ,-,.-,,-; ,(- -:.!-I 'kd *- - - -. ,? 3 p! U i 5 P n PJ : 4 r cl':l I- , - - - " .- p"" 4 u *' L."" 1,- . - "_ L. a r( Q N I :'o i, ! 8 U - g X m 4 s 23 mu, 1 9 31 .!I i1 >s<).. alia 0000. E rd q ff q a0 el 4 .e3 i.31 IrJ * g* ' .I a Y 4 IS 2 Sr >a<).. 3 .e000 CiCl ! ~ p?l 1 IC; cctr oc *_ C ciclc I '*I *'It. i cc: --[ QQ -i * * .pl Fr 0 - -! n z P N s' B 8 8 - LL v) 1% $1 Q SB 58 33 3 s 9 E 1 .B .I 4-j /j 5,a: @*a VI 1-25 C) e E OPEN SPACE 1 - - ""10r"i.U"" * Zanmnla~Oon~ -m-8S8d"mm~- MO-.I-eIIICO..IU7lm*118L...( ""9- - \ VI 1-26 r \ L VI 1-27 tA I TRAILS NETWORK MAP 7 w 2- 7RALm *a "AREA B SECONWRYSTM;HGAREA L I b- 43 " -3 EZE$l?" 4 Nocn lrwIzlsl I ~~ ~ ~ VI 1-28 A8 - Thursday, August 8, 1991 Carlsbad Journal Sundowner links The Sundowner was a gather- ing and networking of the local people w jth PaCTel business community and the scis- sors cut the ribbon to celebrate the he most recent Carls- opening of PacTel Cellular North b ad C h am b e r o f County Sales and Service. Having Commerce Sundowner purchased The Cellular Store on began with a very Marron Road, PacTel now has a T large pair of scissors! 3,800 square-foot facility offering equipment installation, re and troubleshooting in additic PacTel representatives on si1 answer questions regarding ing, equipment and sys coverage. PacTel Vice President S. Hoganson, Regional Se Account Executive Susan Ra welcomed guests along u Barbara Cavarno of Ram Inn Suites, executive vice PI dent of the Chamber Lee Bc mann, Miss Carlsbad E Wrisley and chairman of Sundowner committee Dol Steward. The entire facility was usec this event and as cham members and guests dined on Manager Martin Lock ~ 729-21 20 300 Elm Ave. Carlsbac v - NOTICE OF PUBLIC HEARING AMENDMENT TO OPEN SPACE & CONSERVATION ELEMENT OF THE GENERAL PLAN GPA 90-5 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:OO P.M., on Tuesday, August 20,1991, to consider an amendment to the Open Space and Conservation Element of the City of Carlsbad's General Plan. The City's present Open Space and Conservation Element was adopted on December 20,193. Nc update to this Element has occurred since that date. The proposed update of the Open Space and Consemation Element was prepared by the 15 member Citizens Committee to Study Open Space. Based OR the Committee's review specific changes, mdficatisns, and refinements were made to the current Element. Changes were made to the Element to incorporate strong goals, objectives, and action programs to preserve and regulate land for open space and conservation purposes. Copies of the amendment to the Element are available at the Community Development counter at 2075 Las Palmas, Carlsbad, CA 92009. If you have any questions regarding this matter, please cal Tem Woods in the Planning Department at 438-1161, extension 4447. If you challenge the amendment to the Open Space and Conservation Element in court, you may b limited to raising only those issues raised by you or someone else in the public hearing described i this notice, or in written correspondence delivered to the City of Carlsbad City clerk's Office at or prior to the public hearing. APPLICANT City of Carlsbad CARLSBAD CITY COUNCI PUBLISH: August 8,1991 . . . . . - . - ~. . .. . .. . - , -.I & . .... A:" . . ._ .. . - . . .5 " . 4 . _. -. .A : " v. -* , -~_ . __ i I_ I._ "...~2". .-:s * %" --- - . , i_ __ - ~I "=~ - . -. _r "+.7. .- . - -~ .- - - --: a . '. "G "- :--- ...::-. - -x.- .~ - . ,-.>.-, ~_- .. .~ e%:* ,--..-. :" L. ."> "~. ".""" * ".. r"&c .... ,__ =.~"~~~.,~~~~~-~~-". ;._ 2."- _._ ,,, ..=. x.."*x&2* -~~Wheelcha-ir-~offers -. -greater.,:acces,s7, 1 ~ -~ .. , .. .. ~ .. .. . . .... . . .- ...: i - 'i 'i 3" ,'i . 1 :'. ' I I,,.. , '! " T .> . , I ,;?. X&. '., . I .. W w TO; CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT (Form A) RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice - GPA 90-5 - AN AMENDMENT TO THE OPEN SPACE E CONSERVAT ELEMENT OF THE CITY OF CARLSBAD's GENERAL PLAN for a public hearing before the City Council. t Please notice the item for the council meeting of d 5% *& Thank you. MARTY ORENYAK 7/3/91 Assistant City Manager Date 0 0 NOTICE OF PUBLIC HEARING GPA 90-5 AMENDMENT TO OPEN SPACE AND CONSERVATION ELEMENT OF GENERAL PLAN NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will h a public hearing at the City Council Chambers, 1200 Carlsbad Village Dr (formerly Elm Avenue), Carlsbad, California, at 6:OO P.M., on Tuesday, August 1991, to consider an amendment to the Open Space and Conservation Element of City of Carlsbad‘s General P1 an. The City’s present Open Space and Conservation Element was adopted on Decem 20, 1973. No update to this Element has occurred since that date, The prop0 update of the Open Space and Conservation Element was prepared by the 15 mem Citizens Committee to Study Open Space. Based on the Committee’s review speci changes, modifications, and refinements were made to the current Eleme Changes were made to the Element to incorporate strong goals, objectives, action programs to preserve and regulate land for open space and conservat purposes. Copies of the amendment to the Element are avail able at the Community Developmc counter at 2075 Las Palmas, Carl sbad, CA 92009. If you have any questi ( regarding this matter, please call Terri Woods in the Planning Department at 4: 1161, extension 4447. If you challenge the Amendment to the Open Space and Conservation Element court, you may be limited to raising only those issues raised by you or sorner else at the public hearing described in this notice, or in written correspondel delivered to the City of Carlsbad City Clerk’s Office at or prior to the pub’ hearing. APPLICANT: City of Carl sbad PUBLISH: August 8, 1991 CARLSBAD CITY COUNCIL w w NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will h a public hearing at the Safety Center, 2560 Orion Way, Carlsbad, California, at 6:OO p on Wednesday, June 12, 1991, to consider an amendment to the Open Space i Conservation Element of the City of Carlsbad's General Plan. The City's present Open Space and Conservation Element was adopted December 20,19 No update to this Element has occurred since that date. The proposed update of the 0 Space and Conservation Element was prepared by the 15-member Citizens Comrnittec Study Open Space. Based on the Committee's review specific changes, modifications, refinements were made to the current Element. Changes were made to the Elemen incorporate strong goals, objectives, and action programs to preserve and regulate land open space and conservation purposes. Those persons wishing to speak on this proposal are cordiallv invited to attend the nu hearing. Copies of the Element are now available ana the staff report will be availablc and after June 6, 1991. If you have any questions, please call Terri Woods in the Planr Department at 438-1161, ext. 4447. If you challenge the Amendment to the Open Space and Conservation Element in co you may be limited to raising only those issues you or someone else raised at the pu hearing described in this notice or in written correspondence delivered to the Ciq Carlsbad at or prior to the public hearing. CASE FILE: GPA 90-5 APPLICANT: CITY OF CARLSBAD PUBLISH: MAY 30, 1991 CITY OF CL\RLSBAD PLANNING COMMISSION