HomeMy WebLinkAbout1992-03-24; City Council; 11614; REQUEST FROM FRIENDS OF CLEVELAND FORESTr
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AB # 14 (a/q TITLE: DEPT.
MTG. 3/24/92
DEPT. CM CLEVELAND FOREST CITY I
RECOMMENDED ACTION:
REQUEQT FROM FRIEND!! OF
Receive presentation from the Friends of Cleveland Forest.
ITEM EXPLANATION:
The Mayor received a request from Duncan McFetridge of Save Our Forest and Ranchland
to be placed on the City Council agenda. Mr. McFetridge would like to discuss the Forest
Conservation Voter Initiative. This item does not fit the City Council Legislative Platform.
FISCAL IMPACT:
None.
EXHIBITS:
1.
2. Draft Forest Conservation Initiative.
Letter to Mayor from Duncan McFetridge, dated February 18, 1992.
I
< 0 &BIT 1 1)
SAVE OUR FOREST AND RANCHLANDS
P.O. BOX 475 DESCANSO, CA 91916
619-445-9638
REFERRED To CITY MANAGER fOR RESPONSE
Date- -*,
18 February 1992
Dear Friend of the Cleveland Forest:
In advance of its official announcement, we are writing to you about the Forest Conservation Voter Initiative.
The initiative reaffirms the goals of San Diego County's General Plan, but amends it in order to unify the Forest by imposing a Cleveland National Forest resource conservation overlay and a 40 acre lot size on inholdings within the Forest boundaries.
Your strong support of Forest values over the past year has been instrumental in furthering our cause and is deeply appreciated. The Board of Supervisors in their final vote on the Forest plan ignored the advise of experts, such as, U. Forest Service, U. S. Fish and Wildlife and California Park and Recreation. We believe that it is a critical time for the survival of San Diego's only forest. Having exhausted all proper ways to express the needs of the Forest to our elected representatives, we must now make the final effort and submit this issue to the voters themselves.
Please do not hesitate to call us for more information. value your advice and support.
Sincerely,
S.
We
&bM* &t%w&-- 4Aj9 Duncan D. McFetridge Chairman
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EXHIBIT 2
16192323976126 P. E
0 a i FEB-13-1992 18:16 FROM SHUTE MIHRLY 8 WEINEERGER TO
-- DRAFT
FORBt3T CCII?BERVATIOH XNITXATIVE
10 TKE XOXORBS~ CI;E= OF 'PHE COUIUTP OF slus rmwr
We, me Undersignea, registered qualified volers of San Disgo
county, hereby propotso an initfativa measure to amend the San
Diego County General ~lstn.
the Bourd of Suptwisora 02 &an Dtsp County fcx its adoption
without change, or for rejection and submission of the same to
the voters of $an Diego at a general or special election.
We petition you to submit the same tc
=)a C@H.S?33ggggj&O.La X-??X.T.I~
The People of San Diego county Do Hereby Ordain as Follows:
SBCTION ONE - ..PINJ)TP GS AND ..wRP? SE .
A. Tremendous development prossures i.n Shn Diego County
are resulting in the rapid fragmelltation and destruction of the
Cleveland National Forest. Approximately XX, XXX acres af land
within the Cleveland National Forest are privateXy owned and,
under existing plans, will hevjtclbly be developed. Sustaining
and protecting the wildlife resourcs of the Cleveland National
~uresp: is highly dependent upon limiting urban encroachment on
these private lands. Yet, as with tihe case of the recent
adoptinn of the Central Mountain Subregional PlLah UpdeteS, COmty
officials continue tu allow exixtnsive development on me=
biologically sensitive land-holdings. This initiative measure
creates new policies to limit the coiivcrsjon of privately owed
lands within the Cleveland National Forest lands to urban uses,
1.
16192323976126 P.E
0 0 4 FEB-13-1992 18:17 FROM SHUTE MIHRLY Z WE1NEERI;ER TO
AF
B. The Cleveland ~ational yorest: supports approximately
100 species of wildlife considered by the California Depat-tment
of Fish and Gams, the United States Wildlife Service, and other
conservation experts to be endancjered, rare or threatenea. The
Golden Eagle, San Diego coast homed lizard, San Diego mountain
kingsnake, Mule deer, Mountain lion, California quail, Orange-
throated whiptail and the WaKt Bell's vireo are a few of the
species whose numbers are dramatically declining as a recuJt of
the fragmentation of the Cleveland National Forest.
C. The unique resources of ths Cleveland National Forest
are of such significance that development on parcels within the
forest must ke restricted.
Commission indicated that a parcel size of greater than 20 acres
was necessary to preserve these pristine areas, and to minimize
the impact of develapmeht on public lands.
W<ldlife S~rv~co, *ha California nepartmsnt of Fish and Game, and
numerous wildlife biologists have determh-md that an 80 acre
minimum parcel size 5s required to proteot the reo~ur~ee of the
Cleveland National Porest. Wsplt-e this t:estimony and abundant
biological evldencx, the County c~pf~roved the Central Mountain
Subregional Plan that will allow extendve development of land-
nolalngs within the c~levc?~ an& Nat f mal Forest,
airs San Mego County Planning
The U.S. Fish and
h
16192323976126 P. 04
0 e t FEB-13-1992 18:18 FROM SHUTE MIHNY & WEINBERGER TO
RAF'
D, Recognizing the need for continued growth and adequate
housing in the County's cities, this initiative measure's primary
restrictions apply only to the private lana-holdings located
within the boundaries of the Cleveland. National Forest and as
delineated on the San Diego county General Plan Land Use Map.
This initiative measure does not apply to Land located within
County Towns.
ratail/residential areas serving surrounding low density rural
areas. There is abundant land within anincorporated San Diego
County, within County Towns and outside the boundaries of the
Cleveland Natiollal Forest, available to meet tbe expected housing
needs identified by the San Diego County General Plan Isousing
Element. This initj-ative MeAsUre will allow the County tQ
continue tu bear its fair &are of regional growth, and to
provide an ademate ranye of housing for all sectors of the
community, while assuring the protection of the Cleveland
National Forest.
County Towns are histori.ca3ly established
E. The Land U-e Elrtme~llrr of tzhe Can Diego County General
Plan adopted January 3, 1979, as amended through Xarcb [Lo?),
1992 sets forth several goals cssentiril to protecting the
County'f: environmental resources which this: initiative reaffims
ana roaUopts X0 remaj-n In effect through Recember 31, 2010; these
goals are:
Goa3 3.1: IJrban growth be directed to areas within or adjacent to
existing urban areas, and that the rural setting and lifestyle oE
a
t
16192323976126 P. 05 a 0 e FEB-13-1992 18:19 FROM SHUTE MIHQLY & WEINBERGER TO d
We remaining areas af the county be retained.
Goal 2.5: Encourage continuance and expansion of agricultural
uses in appropriate portions of the unlncorpoxated area.
~oal 2.6: Insure preservation of contiguous regionally
significant open space.
Goal 3.1: Protect lands needed for preservation of natural anci
cultural resources; managed production of resources; and
recreation, education, and scientific activities.
F. The open Space Element adopted December 20, 1973, as
amended through March [lo], 1992 sets forth several goals
essential to protecting the countyCs environmental resources
which this initiative reaffirms and readopts to remain in effect
through Decemher 31, 2010: these goals are:
ha1 2% can~ie-rva scaraa natural recourcw and lands needed for
vital natural processes and the inanaged prduct;bon of resources.
coal 3: Conserve open spac~s needed Par rCliCreathn, educational
an6 scientific activities.
Goal 4: Encourage and preserve V~OSP open space uses that
distinguish and separate communities,
4.
I
161923235'6126 P.06
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d FEE-13-1992 18:20 FROM SHUTE MIHRLY % WEINBERGER TO
Goal 11-4: Encourage the conservation of vegetation and trees
needed to prevent erosion, siltation, flood, and drought, and to
protect air and water quality-
Goal 11-5: Encourage the conservation of the habitats of rare
or unique plants an8 wildlife.
Goal 114:
features of the County, including the beaches, lagbOns,
shoreline, canyons, bluff 5, mountain peaks, and major rock
Encourage the preservation of significant natural
outcroppings .
G. The Conservation Element adopted December 10, 1975, as
amended through March [lo], 1992 sets forth several policies
essential to protecting the County's environmental resources
which this initiatj.vc reaffirms and adopts to roinairi in affect
through December 31, 2010; these policies are:
Policy I.: The County will act to conserve and enhance vagetation,
wildlife and fisheries resources.
Policy 2: The County shall cwrdinate with appropriate federal,
stitlt-ko and local agencies to conserve aretm of rare, endangered,
or threatehed species.
Policy 3: The County will analyze, improve ana promote methds
for preserving agriculture.
5.
I
16192323976126 P. 0’ - 0 0 FEB-13-1992 18:22 FROM %UTE MIHRLY & WEINBERGER TO d
F
policy 7: The County shall establish procedures for acquiring
significant wildlife habitats In areas of rapia urban 8~elQp~mt
and areas of projected urban development.
H. Policy 2.7: (special Area overlay) of the Land. use
Element of the San Diego County General Plan adopted Januavy 3,
1979, as amended through March [lo], 1992 protects lands
containing unique resources by creating overl.ays based on scenic,
coastal and resource conssrvatioh aroas. The Resource
Conservation Area Overlay identifies lands requiring special
attention in order to conserve resources in a manner best
satisfying publla and private objectives.
implementation actions will vary depending upon the conservation
objectives of each resource by may include: public acquisition,
establishment of open space easments, application of special
land use controls such as cluster zoning, large lot zoning,
scenic or natural resource preservation overlay zones, or by
incorporating special design considerations into subdivision mags
OK special US8 PiXXdtS.
include but are not lf’d9ff;Bd Lo graiirdwdter problew areae, coastal
wetlands, native wildlife habitats, construction quality sand
areas, littoral sand arcas, astronomical dark sky axeas, unique
gS010~~iC formations; and significant archaeological and
historical sites.
Resource Conservation Area Overlay policy to raal.n in effect
through Decumor 31, Zoic? and, fn aaaitlon, imposes a 40 acre
The appropriate
ReSOUrCe COnSelTEi~iOh Areas sha23
Thfs initiative reaffirms and reabopts tnis
6,
8
16192323976126 P.0
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FEE-13-1932 18:23 FROM SHUTE MIHRLY Z WEINBERGER TO SF U
minimum parcel size on lands covered by the overlay by creat;l?cm
of a Cleveland National Forest Resource Conservation Area to
protect mesa unique and sensitive lands.
SECTION TWO .R RAL PI&N $JQQJDMNT.
The San Piego General Plan, including Community and
Subregional Plans, as specified blow, are hereby mended as
follows :
A. The following resource protection goals and policies
are hereby reaffirmed and rsadopt.ed: goals 1,1, 2.5, 2.6, and 3.1
of the San Diego County Land IJ6e Element; goals 2, 3, 4, 11-4,
11-5 and 11-8 of the San Diego County Open Space Element; and,
policies a, 2, 3 and 7 of the San Diego County Conservation
Element.
B. The Resource conservation Area Overlay Policy 2.7 as
set forth in the text of the Land Use Element of the San Diego
County General Plan is hereby reaffir-med and -adopted.
C- Tha text of the Land Us0 Elonont and the conszervation
Element is hereby amended to add new language as follows:
Naintain rnli.nimum parcel sises rsscatrsaaxy to enbancre m&
preserve the wildlj-fe, haXlftat ana open spaue values of
the Clevslmd Natkmal Forest,
7.
161 923239761 26 P . E
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FEE-13-1992 18:24 FROM SHUTE MIHQLY Z WEINBERGER TO
4 .F1
This language is hereby inserted as goal 3.4 in the Land Use
Element and poxicy 6 in the GehQnl Consolvation section of the
Conservation Elemem.
D. The text of the San Diego County General Plan fncludfnc
the applicable community and subregional Plans is hereby am8ndeU
to add the following new policy:
Land-holdfags lowkted Within kh8 bou#&l35asJ of the Clett8lkni
)* Nwtbnstl Barest are worthy of speafal efforts to proteat
important wilalife resources aad local vegetation.
Cleveland National Forest RBSO~B~ Conservation Area overlap
is hereby $mposad whioh establfahes a sainhntm paraerl sfeo of
B
at lQ&st 40 ZX(3reS and Zl H~#iC%8llt~al bUfldfXtCJ iAteIZt3ity Uf a
maximum odJ one dwell.ing unit par paroal oh Imd-hoXdhgs
withirz tho cXav0Land National Foreat oiits5de of Country
Turns.
eo 811 laa8-hol8Psgs located witbin tbe boxurdmies of the
elcsvaland Maki~naI Borest outside of bowtry owns
[regardless QE %.ha XepsU-hoXbiagra undlerlying &and use
&es;tcqnskic%a or sonibg.]
TBis ClmebmCL Naltional Boreat OvesxPay shall npplx
This poliw is il’lS9rted as follows;
1, San Dlago county Generaf Wan rand use RTemQnt at page II-
33, Cloveland National Forest (CNP) Overlay,
8,
.
16192323976126 P. 1t -. e e FEB-13-1992 18:25 FROM SHUTE MIWLY Z WEINBERGER TO 4 AF
2. San Diego County General Plan Conservation Element at page
X-K-3 5
3, Julian Community Plan at page 6 and 8.
4. Mountain mpire subregtonal Plan policy and Recornendation
number 4 at page 5.
5, central Mountain Subregional Plan PaliCy and Hecommendation
number 6 at page 33.
6, North Mountain Subregional Plan Resource Conservation Area
(H) at page 16.
7. Jamul/Dulzura Subregional Plan Resource Conservation Area
Nunber 8 at page XXTV-14.
8. Alpine Community Plan Policy and Recornendation number 7 at
page 9.
[how many existing parcels are currently lass. than 40 acres?]
E. The text oE the Can Diego County Genera3. Plan and the
applicable Subregional and Community Plans is hereby mended to
add a new policy which provides:
9.
16192323976126 P.1
.. 0 # FEB-13-1992 18:26 FROM SHUTE MIHRLY Z WEINEERGER TO I
(a) Exclapt aa provided bereinafter, until r>ecsember 31,
2020, land-holdings looated within the CIevaLancl National Forest
R080UrU0 COnBslXZltiCUl AXQU OveXlCaY %n tbe 843 DiegW COUntx
General ~1a.n and Use Ehmeplt ma the SQplfClabh Colmrmurity ox
subreg5oaal Blaa8 ahall rwafll with this Qverlay Wless said Innc
is reaesfgnated pursuant to the proaedures set fortla in
pm8gr8pbS (b) Or (C) Of this pOliq.
(a>) Lana-nolaJimgs overl.la3,d wit& the clevslaad Mutfonal
Borent Rcsaourae consemation Arcae Overlay may be caxemptsrf from
within the OverXay fF wabX of tho ftollovt~ag fizadinys are made:
(i) Zncoxporntion OX= aanexation to 8 city or t~wn is
not appropriate or gosafblo within the lawt five years# based on
the PolZowing faotors: nearby aktiserr ffssignataEI tq?htmes af
influsnae WunWarfes, city genaral plan Zimits nail projections,
and comprehensive annexation glrtnst and,
(SLi) That %be appxoval will aot constitute part of, or
enaourags, a piaao-meal uanvexsisn of a larger Cl~savalaxtd National
Forest &PBB1 k0 EefddQZl~ia3. 01c StbQ8. nOl3-0pabts Bpaota U885r, and Will
fie& altar khe sztrZkS,l%kjl opf land use psttrsrae is the ares;
(i%P) aaecpch&o yt.a3xio asJetaiCma ad EeeokliQders azo
pnva3.lmle BII~ have @he ~t~paB$litlp to ~CCWEEUOU~~~ the proposed use
by virtue off the property baing wfkhb ox anawed to apgmprinte
semiae distriots; md,
,
10.
16192323976126 P. '
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% FEB-13-1992 18:- FROM WE MIHRLY % WEINBERGER TO 4 1
(iv) The proposed una and Uonsjlty are oozagat$ble wftb
tho environmental resouram of tho Clovoland National Poreat and
wiii not abverscaly aftseat ths atubility of land use patterns fa
the awa; and,
(v) me ima P~POBQ~I for rsaeafgaation Uws not
artaeed 40 3tareB for way one lwdowner in my aalendar year-
randowner nay not obtain redeafgnatdon of lands desfgnutsb with
the c1etrc)lBIpa ~ntionai Forest R~SOWUQ coasarvation ma& overmy
more often than once averg yam.
interest am considerad om landomerr for purpses of thfs
limitation,
Ohs
Lam¶ownars with army unity of
(c) an& designated with thQ Cleveland M8Lfonal Forest:
Resourae Conservation Area Overlay on *he Land Use Mag may be
exempeed from this Overlay ift
(i) The COWty, after ahnlI@nga by BBn nfff@Uted
LanBownnr, and aftor *mlsibarfng all eaePre and appl9uable
Zegislative ana judioial author€ty $R support of khfs polfcry,
flmrdsr that applPcrat%oa og this policy would coaratftute an
usaonstftutional taking of the ILtmdown~r~~ property or mu18
&3priv& the IalndSOWneX of 1p vsat;ad rgght; gurO\oant to state law;
(ST) 3;n pemitthg an erremptfsn fron the ovarlay purguzlat to thft
pnragraph, tbcb exemption will be granted onlg to thtn BtiniBPlun
oxtent n-ossary t~ avoid said unconstitutional takfng or
dagrivntion of a vosted right;.
,
77
1
16192323976126 P. 1; 0 e FEB-13-1992 18:28 FROM SHUTE MIHQLY & WEINBERGER TO J
A
sEmIoy.Pl~E - -
A. upon the effective date of this initiative, the
provisions of this initiative amending the General Plan are
Inserted into the san Diego county General Plan, except that if
the four amencbents permitted by state law for any given calendar
year have already been utilized in 1992 prior to the effective
date of this initiative, the General Plan amenurnem shall be me
first inserted into the $an Diego General Plan on January 1,
1993. At such time as the General Plan amendment is inserted in
the county General Plan, any provisions o€ the County zoning
Ordinance inconsistent with that amendment shall be unenforceable
to the extent of such inconsistency.
B, The General Plan amendment provisions added by section
two of this initiative measure shall. prevail over any revisions
to the San Diego County General Plan between November [
and the insertion date which conflict with said General. Plan
amendment. Upon the insertion date, all General Plan amenaents,
rezoning, specific plans, tentative or f fnal subdivision zanps,
conditional use permits, buil.dfng geraits or other ministerial or
dixcrctionary entitlements for uses not- yet approved or issued
and not astablishsd as a vested right shall Be effective only if
consistent with the policies and provisions of the Ganeral Plan
amendment.
3, 1992
12.
a
’ FEB-13-1992 18:38 FROM 0 ME MIHRLY & WEINBERGER TO 0 16192323976126 P. 14 i I
SECTJQN ;FOUR - ONS F OR CmWECT S
This initiative shall not apply to any development project which
has obtained as of the e€€ective date of the initiative a vested
right pursuant to stake lawb
sxcTr-ox FIW. .r gm 131.LI.TY ..
If any portion of this initiative is declared invalid by a court,
We remaining portA.ons are to be considered valid.
SErnXQN SIX -
This initiative shall remain in effect until December 31, 2010.
,
23. m1 3/mrfot.k\