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HomeMy WebLinkAbout1992-09-01; City Council; 11871; OPEN SPACE AND CONSERVATION RESOURCE MANAGEMENT PLAN - DI 92-1:'AB # s TITLE: VI MTG.XI.92- .rl F DEPT. PCN OPEN SPACE AND CONSERVATION RESOURCE MANAGEMENT PLAN - DI 92-1 DEPT. CITY P CITY IC r 2 z w 3 U g u g a .r( s (d g % 2 (I) E a, $ -4 VI u z LO 4 .rl @ E-l a, 5 a h a, a $ a 9 0 2 3 %I h cn h a &I q_( h a h z 2 & 4 d g 3 8 -6" *' k c+F cARLsBAD - AGENO()BILL i\ RECOMMENDED ACTION: That the City Council by Minute Motion (a) ACCEPT the Open Space and Conservation Resource Management Plan; (b) direct staff tc coordinate the recommendations of the Open Space and Conservatior Resource Management Plan with the recommendations of the Habitat Management Plan; and c) direct staff to revise the General Plar Open Space and Consewation Element incorporating the recommendations of the Open Space and Conservation Resource Management Plan. ITEM EXPLANATION In July 1989, the 15-member Citizens' Committee for Review oj Carlsbad's Open Space Plan and Programs completed its report to thc City Council. The report included a number of recommendations, 2 principal one of which was to prepare an Open Space anc Conservation Resource Management Plan. On June 19, 1990, the Cit] Council appointed a 9-member Open Space Advisory Committee tc address unfinished open space tasks that had been identified by the earlier 15-member Open Space Citizens' Committee. The Open Space and Conservation Resource Management Plan (OSCRMP) is the culmination of the efforts of the committee, consultants and staff, The OSCRMP will primarily be the implementation program for the Open Space and Conservation Element of the General Plan. The OSCRMP establishes open space definitions; includes an open spacc inventory; establishes an open space classification system recommends open space goals, objectives, and policies; contains i citywide action and implementation plan: establishes action anc implementation strategies for each of the City's twenty-five Loca. Facilities Management Zones; contains cost estimates o implementing the OSCRMP; and proposes a Carlsbad Trail System. Thc detailed Planning Commission Staff Report (attached as Exhibit "1" explains these programs further and sets out the primary issues o the plan. The Planning Commission considered the OSCRMP on May 20, 1992. Thc Planning Commission unanimously recommended approval of the OSCRMP including certain minor modifications suggested by staff. Thesc changes were adopted by the Open Space Advisory Committee on Ma: 28, 1992, and are included in the version of the plan presented tc the City Council. One additional item needs to be noted. The City has begun thi preparation of a multi-species Habitat Management Plan (HMP). Ti the extent possible, staff has coordinated the recommendations o the OSCRMP with the preliminary planning of the HMP. Fina recommendations of the HMP are still being developed, and, up0 acceptance by the City Council, may require that furthe modifications be made to the OSCRMP. Staff will continue t coordinate both planning efforts. Recommendations of both studie will be integrated into an updated Open Space and Consewatio Element. \ ‘1 e e b Page 2 OF AGENDA BILL NO. I/,, 8 W ENVIRONMENTAL REVIEW The Open Space and Conservation Resource Management Plan is a stud! and does not constitute a project requiring environmental reviei under the California Environmental Quality Act. The later adoptioi into the General Plan of the recommendations of this study including the proposed trail and open space system, would bc subject to environmental review. FISCAL IMPACT The acceptance and endorsement of the Open Space and Conservatio Resource Management Plan is the first of many steps that wil eventually lead to commitment of significant amounts of money t acquire, preserve and protect open space in the City of Carlsbad The document before the Council does not itself ask for th expenditure of funds. However, the recommendations contained i the report suggest that the City should begin work on an open spac protection program that will eventually call for the issuance o General Obligation bonds, the passage of a Proposition H measur allowing the expenditure of millions of dollars of General Fun money and require the assignment of staff to maintain the ope space and trail system. If the Council accepts the OSCRMP the City would expect t experience the following costs in the future: + Acquisition of Land and Easements $8.8 mil + Annual Staffing and Operating Costs 0.6 + Improvement Costs 3.4 The report recommends the use of General Obligation bonds t finance the purchase and improvement of the facilities. It is als possible that a Proposition H vote will be necessary if significan amounts of General Fund money are to be committed to this project A General Obligation bond issue would require the approval of 2/ of the voters casting ballots in the election. The Proposition question requires the approval of a simple majority of the voter casting ballots. The operating costs related to this project could be covered by a increase in the assessment to residents under the existing lightin and landscaping district. Although an increase in assessments wa discussed at a public forum on July 8, 1992, the Council would 1: required to hold a formal public hearing to expand the scope of th existing lighting and landscape district. The General Fund wil not be able to support the operating costs of this program for th foreseeable future without reductions in services in other areas. If Council wants to hold a special election rather than calling fc a vote on these issues as part of a regularly scheduled electior the cost for the special election would be about $110,000. The$ cost estimates do not include the costs associated with tk implementation of the HMP. * e ’ \L c Page 3 OF AGENDA BILL NO. /(, 67/ EXHIBITS 1. Staff Report to the Planning Commission, dated May 20, 1992 2. Memorandum to the Planning Commission, from the Plannin 3. Open Space and Conservation Resource Management Pla Department, dated May 6, 1992. (previously distributed). c EXHIBIT 1 k & 0 0 STAET REPORT DATE: MAY 20, 1992 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: DI-92-1 - OPEN SPACE AND CONSERVATION RESOURCE I"AGEMENl PLAN I. RECOMMENDATION That the Planning Commission ADOPT a minute motion recommending the City Council a) accept the Open Space and Conservation Resource Management Plan; b) direct staff tc coordinate the recommendations of the Open Space and Conservation Resourcc Management Plan with the recommendations of the Habitat Management Plan, currentl! under preparation; and c) direct staff to revise the General Plan Open Space an( Conservation Element incorporating the recommendations of the Open Space an( Conservation Resource Management Plan. II. PROJECT DESCRIPTION AND BACKGROUND In July 1989, the 15-member Citizens Committee for the Review of Carlsbad's Open Spacc Plan and Program completed its report to City Council. The report included a number o recommendations, a principal one of which was to prepare an Open Space anc Conservation Resource Management Plan. On June 19, 1990, the City Council appointed a 9-member Open Space Advisor Committee to address unfinished open space tasks that had been identified by the earlie 15-member Open Space Citizen's Committee. The Open Space and Conservation Resourci Management Plan (OSCRMP) is the culmination of the efforts of the committee consultants and staff. The OSCRMP will primarily be the implementation program for the Open Space an conservation Element. The plan: includes an open space inventory; establishes an ope space classification system; recommends open space goals, objectives and policies; contain a citywide action and implementation plan; establishes action and implementatio strategies for each of the City's twenty-five (25) Local Facilities Management Zone: contains cost estimates of implementing the OSCRMP; includes the Carlsbad Trail Systen and, includes open space definitions. @ . e * OPEN SPACE AND COPvSERVATION RESOURCE MANAGEMEh I PLAN c MAY 20, 1992 PAGE 2 Attached to this staff report is a draft of the Open Space and Conservation Resource Management Plan. 111. ANALYSIS Planning Issues 1. What open space issues, identified by the original 15-member citizens committee to study open space, have been resolved in the Open Space and Conservation Resource Management Plan? What are the Plan's key recommendations regarding open space? What are the major policy implications recommended in this plan? Are there additional open space issues that should be addressed? 2. 3. 4. DISCUSSION 1. mace issues addressed in the Open Space and Conservation Resourcc Management Plan The following open space issues, identified by the original 15-member citizens committee to study open space, have been addressed in the Open Space and Conservation Resourcf Management Plan: A. B. C. D. Developed definitions of the various forms of open space; Developed a definition for "significant effect on the environment"; Utilized the Growth Management definition of undevelopable lands; Developed goals and policies establishing: that lands set aside as open spacc be mapped and zoned open space; that developments provide the segment of the Carlsbad Trail System; the formal boundary adjustment procedures fo open space; and, that lands set aside for its habitat or scenic value have ai appropriate easement placed on it for resource protection; Determined when major powerlines would receive credit toward the 15 percent growth management performance standard; Determined the credit to be applied to golf courses; E. F. OPEN SPACE AND CO * 'VATEON RESOURCE MANAGE aJ T PLAN I MAY 20, 1992 PAGE 3 G. Determined the credit to be applied to open space lands that are nor available to the public without monetary or other consideration; Completed an inventory of open space; Determined that open space demand estimates or standards were no appropriate but that establishing priorities for all the open space land anc developing implementation procedures to acquire open space were tht manners to address the issue; Established methods to preserve open space. The Habitat Management PlaI (HMP) will further define preservation efforts; Recommended areas of existing open space that should be considered fo enhancement and preservation; Recommended refined design standards for improvements to open spacc areas including the trail system; Identified scenic gateways to public open space; Identified and recommended for acquisitio:n, all established open spacc priorities; Recommended priorities for open space acquisition; Recommended financing mechanisms for acquiring and financing open spacl and access to open space; Reviewed programs to facilitate private donattiom as a funding mechanism Recommended a detailed implementation program; Recommended that the City coordinate open space and trail efforts wit1 those of affected agencies; and, Recommended a comprehensive program for the Carlsbad Trail System. H. I. J. K. L. M. N. 0. P. Q. R. S. T. * fl * OPEN SPACE AND CO x bKVATION RESOURCE MANAGEMLl. - PLAN % MAY 20, 1992 PAGE 4 2. Kevopensp ace, implementation, and financing recommendations A. Key Open %ace Recommendations (1) The City should implement an integrated open space system which incorporates as many types as possible of open space identified in the open space classification system. The City should implement a connected open space system in whicf linear open space greenways serve to join together parks and recreational open spaces, lagoons, lakes and other water features habitat preserve areas, schools, and other open space resources. The City should implement a publicly-accessible open space system sc that City residents and visitors can get out into their landscape anc enjoy the recreational amenities it offers. The City should implement a Citywide trail system throughout it! open space areas to provide for recreation and non-vehicula circulation. The City should implement a scenic open space system, in order foi Carlsbad to retain its distinctive landscape identity and character. The City should implement an open space system for wildlife througk coordination of the provisions of this plan with the Habita Management Plan, which is currently under preparation. (2) (3) (4) (5) (6) B. Primary Imdementation Recommendations The primary implementation recommendations are as follows: (1) Trails: a. Implement a Citywide trail system acquiring new trai easements and using existing right-of-way. The City should bc responsible for the maintenance and liability associated wit1 the Carlsbad Trail System. b. Most trails should be dedicated through the subdivisior approval process. Some trail easements will have to bc purchased. Trail easements which must be purchased shoulc be located only within land which is zoned for open space o utilities. e a OPEN SPACE AND CONShRVATEON RESOURCE MANAGEMEi. - PLAN MAY 20, 1992 meE 5 (2) Open Space: a. Most open space will be acquired through project review, protection ordinances, and the Growth Management 15-percent Open Space Performance Standard. Some open space will have to be purchased. The City should purchase this land in-fee title. The City should require that open space which is to be set aside under the growth management 15-percent requirement, be dedicated to the City either in-fee title or with a conservation easement. The dedicated land should have an accompanying maintenance assessment district established or a developer contribution to a maintenance endowment as described in the OSCRMP. The City should be responsible for the maintenance and liability of dedicated open space lands. The City should reserve the right to refuse offers of land that are not identified in the OSCRMP. b. c. d. C. Financing Recommendations (1) The City should propose a general obligation bond for open space purchase, trail easement purchase, and City-incurred improvement costs. The estimated tax impact is $9.95 to $11.36 per $100,000 oi assessed value, depending on whether a single series or separate series of bonds are issued. If a series of bonds are issued, the series should be issued over a six-year period in three separate issues. Each bond will be outstanding for 20 years. The City should propose an accompanying ballot measure to permil the City to spend more than $1 million, in accordance with Proposition H. The City should amend the existing Citywide lighting and landscape maintenance assessment district to fund maintenance of the trail system and City-purchased open space. Alternatively, a new districl could be formed for this purpose. The annual estimated assessmenl impact per household would range from $6.20 during the first phase to $16.40 per household after hull system build-out, diminishing a: population is added. If non-residential uses are also assessed, thc impact per household will be less. (2) (3) VATION RESOURCE MANAGE* PLAN w- ' OPEN SPACE AND C MAY 20, 1992 PAGE 6 (4) Where private property owners or associations wish to dedicate to the City open space they now maintain, the City should require the oper space to be within the recommended Citywide open space system Further, a maintenance assessment district should be formed for thesf lands or they should be annexed into the Citywide maintenancf district. The City should encourage existing Homeowner Associations, whicl own open space within the Citywide system, to contract with the Ciq for maintenance for that open space, taking advantage of economie of scale, and encouraging uniform maintenance standards. The City should consider forming a public land trust or conservanc: in Carlsbad. (5) (6) 3. Major DOECY hdkations of the Open Space and Conservation Resource Management Plan A. Establishment of open space priorities Citywide This plan establishes priorities for open space from a Citywide perspective defining the general intent for future open space planning for each type o open space. This study indicates the relative Citywide priority for each typf of open space, as well as the priorities for action on a zone-by-zone basi: (see Table 5 attached). The Citywide priorities were set by considering thr importance of each open space type and also considering the degree o protection afforded to that open space type by existing regulations. Thus, fo: example, while both wetlands and trails could be considered equall: important components of the open space system, wetlands are given thc lowest Citywide priority because they are already effectively protected unde environmental regulations. Trails on the other hand, are given the highes Citywide priority because there is no other program or set of regulation which assure implementation of the proposed Citywide trail system. The tor Citywide open space priorities include plant/animal life/ habitat, watei features, public parks and recreation, greenways, trails, anc scenic/cultural/educational resources. Establishment of open space Driorities on a Local Facilities Zone basis Once the priorities for open space were established at a Citywide level, it wa! possible to implement those priorities on a zone-by-zone basis. This stud! includes recommendations for primary and secondary open space prioritie! for each of the City's twenty-five (25) Local Facilities Management Zones The detail discussion of each zone includes a description of existinl B. 0 0 OYEN SPACE AND CON~LNATION RESOURCE MANAGEMEL, I PLAN MAY 20, 1992 PAGE 7 conditions, development status, constrained open space, open space priorities and implementation approach. Delineation of what counts toward the 15-percent Growth Management Open Space Performance Standard C. This study recommends what types of open space should receive credit toward meeting the Growth Management Open Space Performance Standard. The City's Growth Management program established that fifteen (15) percent of the total land area in a zone, exclusive of environmentally constrained non-developable land must be set aside for permanent open space and must be available concurrent with development. Presently, it is up to the property owners within a zone to determine amongst themselves how the open space will be allocated. It is the intent of the OSCRMP to establish where future open space will be allocated. It is recommended in this plan that for a proposed open space area, in a Local Facilities Management Plan (LFMP) zone, to receive credit toward meeting the 15-percent open space standard, the open space area for the LFMP zone shall be consistent with the primary and secondary open space action priorities identified in the OSCRMP. If the primary and secondary open space priorities have been satisfied in the zone, any open space area approved by the Planning Department may receive full credit toward meeting the open space standard. The City will continue the existing policy requiring property owners to show how they will meet the 15-percent open space requirement in the individual zone plans. The financing program of a zone plan will be required to address how open space will be financed when there are fragmented ownerships within a zone. Therefore, the City places the responsibility for resolving the issue of how the priorities are met, within a zone, on the property owners. This gives the property owners the greatest flexibility in determining how they will allocate development rights and compensate owners of small parcels within the zone for set-asides for open space purposes. D. Carlsbad Trail System It is recommended in the plan to establish the Carlsbad Trail System. A trails Feasibility Study, completed in 1990, gave the City Council and others the information necessary on which to base policy and administrative decision2 regarding trails in the City of Carlsbad. As a result, the Carlsbad Trai System was incorporated as a major component of the OSCRMP. OPEN SPACE AND CO !@ LAVATION RESOURCE MANAGE @.i PLAN MAY 20, 1992 PAGE 8 There are three types of trails included in the proposed system: a fully improved paved trail which would be used in the most urban and heavily used sections of the trails system - this type would be fully handicapped accessible; an unpaved trail type which is intended to be only minimally linkages which would use the sidewalk and bike lanes in the road right-of. way - this type is to be used only where aligning the trail in a separate right. of-way is not possible. The trail system as a whole includes a total of 74 miles of pedestrian, bicycle and joint use trails. The Carlsbad Trail System has been broken down foi convenience of discussion into segments of various length determined bj factors such as changes in ownership and interconnections of one trai orientation to another. The trail program includes design guidelines, stagin2 areas, view points and picnic areas, guidelines for interpretive signage administrative responsibility, maintenance responsibility, and a financing program for acquisition, improvement, liability, and administration anc operation of the Carlsbad Trail System. improved in order to allow a more rural trail experience; and a few trail E. Administrative Responsibility There are two main areas of administration required to implement tht recommendations of the OSCRMP. (1) Long-Range Planning and Project Design Review As with any long-term planning effort, this open space study came: implications for a range of other planning documents, including tht General Plan. It will be necessary to ensure consistency between tht OSCRMP and other planning efforts in the City. In particular, it wil be necessary to update the Open Space and Conservation Elements o the City's General Plan. Responsibility for these tasks will remain iI the Planning Department. The Planning Department will also remain responsible for individua project design review to ensure that the provisions of the OSCRMI are implemented in the future, more detailed project implementation (2) Maintenance and Operations Responsibility It is recommended that the responsibility for maintenance an( operations of the Citywide open space system and Carlsbad Tria System be given to the Parks and Recreation Department. Thi department is already responsible for programming and maintainin; 3 e OPEN SPACE AND CON LAVATION RESOURCE MANAGEMElk 1 PLAN - MAY 20, 1992 PAGE 9 the various City-owned public recreation areas. There will inevitably be an incremental cost implication to the department as the open space and trail system are developed. Provision is made for projected incremental costs in the financial recommendations of the OSCRMP, including both staffing and equipment costs. F. Liability It is recommended that the City take over the liability for portions of the open space system and the Carlsbad Trail System. In general, it is recommended that the portions of the open space system that are publicly accessible should be the responsibility of the City. This study assumes thai approximately 100-feet of open space land including the approximately 20- foot wide trail easement, will be maintained, operated and the liability responsibility of the City. Liability responsibility for San Marcos Canyon is an issue. As proposed, a trail will run around the rim of San Marcos Canyon. These trail segments could provide the best scenic trail experience in the City, for Carlsbad citizens. It is recommended that the City take over ownership, maintenance and liability of San Marcos Canyon or transfer ownership, maintenance and liability to a conservancy trust, possibly associated with the Habitat Management Plan, currently being prepared. The San Marcos Canyon is currently owned and is the liability responsibility of the Fieldstone Company. The Fieldstone Company has stated that they would not implement a trail system or any other program which could increase access to the Canyon. They feel that the increased activity around the rim would increase their liability exposure. They believe that this liability burden should not be the responsibility of an individual property owner, but should be the burden of the City or other agency. In general, the OSCRMP assumes the City will maintain and take over the liability responsibility for an open space system with an area of approximately 100-feet in width, this area is to include a trail easement of approximately 20-feet. The San Marcos Canyon varies in width from approximately 300 to 900 feet. If the Canyon was treated exactly as the other open space/trail components of the plan, the City would be responsible for approximately 200-feet of the Canyon (100 feet around the entire rim of the Canyon would be 200 feet of the total land area of the Canyon). In light of [he Fieldstone Corrpany’s position regarding the liability exposure associated with increased access to the rim of San Marcos Canyon, it is very unlikely that the City would be able to implement a trail system around the 0 OPEN SPACE AND CONSLRVATION RESOURCE MANAGEMER I’ PLAN MAY 20, 1992 rim of the Canyon, unless the City or other agency takes over the maintenance and liability for the Canyon. The City could have ownership of the Canyon transferred to a conservancy trust which would not only take over the liability responsibility for the Canyon, but would maintain the Canyon in a manner which could enhance the habitat value. Having a conservancy trust hold ownership of this property may also be consistent with the Habitat Management Plan (HMP), currently being prepared. Should the City decide not to take over the maintenance and liability of the Canyon, or transfer ownership to another agency, such as a conservancy trust, in all likelihood, the proposed trail segment around the rim of the Canyon will not be implemented. Recommended specific financing promams for acquisition. immovement, maintenance, liability, administration and operation of open space and trails (1) General Obligation Bond G. It is recommended that a General Obligation Bond be utilized to finance open space and trail acquisition and improvement (estimated cost $12.2 million). A general obligation bond is the least expensive form of financing since it is secured by the City‘s taxing power and is considered one of the most secure forms of financing. A general obligation (G.O.) bond requires two-thirds voter approval. Since a G.O. bond would be applied to all properties, including commercial and industrial, the cost burden per property is relatively low. As Citywide assessed value increases over time due to growth in the City, revenue can increase without increasing the cost for property owners already paying additional taxes to support G.O. bonds. Also, bonds can be issued in phases to coincide with funding needs, which in turn are related to future population growth. This flexibility allows the City to keep the tax burden low. (2) Assessment District It is recommended that the City utilize the existing lighting and landscape maintenance district or form a new maintenance assessment district, for maintenance of open space and trails (estimated annual cost $560,000). The City currently has several lighting and landscape maintenance districts, including a citywide district, established primarily to finance maintenance of greenbelts, medians, and right-of- way. A new citywide maintenance assessment district, for maintenance of open space and trails could be formed, or the existing citywide maintenance assessment district could be amended to include @ w OPEN SPACE AND CONScrlVATION RESOURCE MANAGEMEL. I' PLAN MAY 20,1992 PAGE 11 open space and trails, in either case, a strict association of cost and benefit would be required. The premise here is that the trail system and portions of the open space system purchased by the City is a citywide facility of citywide benefit. Open space acquired through dedication as part of the subdivision approval process would become part of the system, but since this open space is dedicated in exchange for City subdivision approvals which accommodate growth, its maintenance would have to be funded by the project itself, either through a developer's contribution to a maintenance endowment or a project-specific assessment district placed on the subdivided parcels by the developer. Existing homeowner associations that wish to dedicate open space, which they now maintain, to the City (within a designated open space corridor) would have to agree to pay an additional assessment to fund future maintenance of this land. Because of economies of scale, theii homeowner association fees collected to maintain the open space would be reduced accordingly. (3) Proposition H If this program is approved, pursuant to Proposition H, voter approvaj will be required. If the City decides to spend more than $1 millior out of general funds, Proposition H requires that voters approve the expenditures. A simple majority vote is required to approve the project, and the cost cannot be phased to reduce the expenditure tc less than $1 million. Usually Proposition H approval is proposed tc the voters at the same time as the funding proposal. (4) Phasing Phasing will occur as the City develops and dedication opportunitie: arise. Some elements of the open space and trail system can bf implemented earlier if the City has the funds available from grants G.O. bonds, or the general fund. The following is the anticipatec phasing schedule for trails and open space: Phase I (0-3 years) Phase I1 (4-6 years) Phase 111 (7+ years) 45% of system 34% of system 21% of system Since the system will be phased, acquisition and improvement costs financing requirements, and maintenance costs will also be phased. L OPEN SPACE AND C~PVATION RESOURCE MANAGE~T PLAN MAY 20,1992 PAGE 12 The total costs estimated for this project will not be incurred immediately, but will be phased over time. (5) Cost Estimate Summary Costs include a 15-percent contingency (all figures are 1992 dollars). Cost at build-out, including allocation for liability, capital reserves, overhead, and costs incurred by all Cit] Depaments except Police and Fire. 1 2 H. New mam of the Open Space and Conservation Resource Management Plar The mapping for the Open Space and Conservation Resource Managemenl Plan was prepared in four (4) layers. The four (4) mapped layers of thi: plan include: i) The constrained open space layer, which contains thc environmentally constrained lands pursuant to growth management; ii) thc existing and approved open space layer, which shows open space land: designated through master plans, specific plans, planned developments, anc other project approvals; iii) the Carlsbad Trail System layer, which shows the proposed trail linkages in the City; and iv) the conceptual open space land5 layer, which shows the conceptual open space areas that could be achievec through implementation of the primary and secondary open space prioritie: described in this plan (see Figure 2 through 5 attached). A composite o selected mapped layers have been used to create the two primary maps foi the Open Space and Conservation Resource Management Plan: the "Officia Open Space and conservation Map" and, the "Conceptual Open Space anc Conservation Map". (1) Official Open Space and Conservation Map The Offiaal Open Space and Conservation Map consists of i composite of the constrained open space and existing/approved ope1 space mapped layers of the Open Space and Conservation Resourcc Management Plan (see Figure 6). The official Open Space an( Conservation Map is intended to be the City's official map of approve( and constrained open space lands in the City. This map depict designated open space areas obtained through master plans, specific plans, planned developments, or other development approvals; and * OPEN SPACE AND C “PVATION RESOURCE MANAGEW’T PLAN MAY 20, 1992 YF PAGE 13 additional areas of environmentally-sensitive lands which are prohibited from development by the open space ordinance, hillside development regulations, and other development regulations. It is intended that the Official Open Space and Conservation Map would also become part of the Land Use Element of the General Plan. To modify the boundaries of this map a formal amendment to bot1 the Open Space and Conservation and Land Use Elements may br required. If a General Plan amendment is required, the boundaq adjustment procedures of the current Open Space and Conservatior Element must be adhered to. The following are the findings whicl: must be made in order to adjust the boundaries of any open spact area shown on the map titled Offiaal Open Space and Conservatior Map dated April 1992. a. The proposed open space area is equal to or greater than tht area depicted on the Official Open Space and ConservatioI Map; and The proposed open space area is of environmental qualit! equal to or greater than that depicted on the Official Ope1 Space and Conservation Map; and The proposed adjustment to open space as depicted on thi Official Open Space and Conservation Map, is contiguous o within close proximity to open space as shown on the Officia Open Space and Conservation Map. The City Council may also modify the boundary shown on th, Official Open Space and Conservation Map but only if it find that the modification is necessary to mitigate a sensitiv, environmental area which is impacted by development provided the boundary modification preserves open space at ( 2 to 1 ratio (proposed acreage to existing acreage) and i within close proximity to the original area of open space Additionally, City Council may exempt public right-of-way fron the boundary adjustment procedures. However, environmenta analysis shall be performed for all proposed public rights-of way improvements, and if determined that there are significan adverse impacts to the value of the open space system, thos impacts shall be mitigated. b. c. 0 w OPEN SPACE AND CONSdVATION RESOURCE MANAGEMEL. i PLAN MAY 20, 1992 PAGE 14 (2) Conceptual Open Space and Conservation Map The Conceptual Open Space and Conservation Map consists of a composite of the open space constrained lands, existing/approved open space, conceptual open space lands, and Carlsbad Trail System layers of the Open Space and Conservation Resource Management Plan mapping (see Figure 7 attached). The Conceptual Open Space and Conservation Map differs from the Official Open Space and C~n~erVati~n Map in that it shows the conceptual open space areas that could be achieved through implementation of the primary and secondary open space priorities described in the Open Space and Conservation Resource Management Plan. Having mapped existing and approved open space, as well as constrained open space lands in the City, it was possible to identify where additional open space was needed in order to complete the open space and conservation goal5 and objectives as detailed in the plan. These additional open space lands are the areas on which the City needs to focus its attention ir terms of acquisition, whether through application of the 15-perceni growth management performance standard, direct purchase, 01 through other means. The amount of constrained open space which extends beyond the mapping of existing/approved open space areas has been measurec and is shown on Table 3 attached. By adding the amount ol constrained open space to the existing/approved open space, it has been possible to determine a projected total of open space (before application of the 15-percent open space performance standard anc other methods of acquisition are applied). The total acres therebg projected for build-out is approximately 6,720 acres, or roughly 2; percent of the City's total area. The conceptual components of this map, including the trail systen and greenways, are intended to be flexible. It is anticipated that th specific alignments of all conceptual open space components will b determined through speci5c site plan and environmental review Adjustments to the conceptual open space components, including th trail system and greenways, will not require a General Plai amendment. However, the point at which a greenway or trail passe from one zone to an adjacent zone, or from one property ownershi to an adjacent ownership, should remain consistent with this may unless an agreement has been reached with the adjacent zone c owner to shift the transition point. A General Plan amendment wi not be required to specifically site the conceptual components of thj plan. It is anticipated that on an annual basis the City will initiate % OPEN SPACE AND c TVATION RESOURCE MANAGE~T PLAN MAY 20, 1992 PT PAGE 15 General Plan amendment to add all dedicated open space areas to the Open Space and Conservation and Land Use Maps. A General Plar amendment will be required if any component of the conceptual plar is deleted. 4. AdditionalOpen Space Issues Needinn Resolve The unresolved issues requiring additional work include: A. Coordination of the Habitat Management Plan with the Open Space an( Conservation Resource Management Plan and Open Space and Conservatior Element. The City's Habitat Management Plan (HMP), currently being prepared, ma) require revisions to the Open Space and Conservation Element and maj require revisions to the Open Space and Conservation Resource Managemeni Plan. Coordination of these open space planning efforts is in progress anc should be continued. Study whether the Carlsbad Trail System should be available for general us€ by equestrians. The issue of equestrian use came up as an issue very late in the trail planning process. Though prior consideration had been given to including equestrian: as a user of the trail system, it was decided by the Open Space Advisor] Committee, primarily due to lack of interest on the part of residents, tc exclude equestrians as a general user of the trail system. Recently, severa Carlsbad residents have requested that at least a portion of the trail systen be made available for their equestrian use. As the trail study was almos complete when the issue arose, and additional consultant work would requirt change orders to the original consultant contract, the committet recommended that the issues be addressed at a later date. Intenrate the Open Space and Conservation Resource Management Plan intc the Open Space and Conservation Element. As the Open Space and Conservation Resource Management Plan5s intended to serve as the implementation program for the Open Space and Conservation Element, it is important that the plan be integrated into the element. Additionally, further updating of the Goals, Objectives, and Policj and Action Programs of the Open Space and Conservation Element is needec to ensure that they parallel the intentions and priorities of the OSCRMP, anc to ensure that the updated element is consistent with other elements of tht General Plan, such as the Parks and Recreation Element. B. C. w OPEN SPACE AND C a dVATION RESOURCE MANAGEML, I' PLAN MAY 20, 1992 PAGE 16 nr. ENVIRONMENTAL REVEEW The Open Space and Conservation Resource Management Plan is a study, and does no1 constitute a project requiring environmental review under the California Environmenta Quality Act. The later adoption of the recommendations of this study into General Plar elements, including the proposed trial and open space system would be subject to full environmental review. ATTACHMENTS 1. Table 3: Existing and Constrained Open Space Acreages 2. Table 5: Future Open Space Action Priorities 3. Figure 2: Existing/Approved Open Space 4. Figure 3: Constrained Open Space 5. Figure 4: Carlsbad Trail System 6. Figure 5: Conceptual Open Space Lands 7. Figure 6: Official Open Space and Conservation Map 8. Figure 7: Conceptual Open Space and Conservation Map 9. Memo to Planning Co&ssion dated May 6, 1992 10. Draft Open Space and Conservation Resource Management Plan (previousl! distributed). TAW:vd April 8, 1992 e w TABLE 3: WSTlNG AND CONSTRAINED OPEN SPACE ACREAGES 3 ' The acreages of the Constrained Open Space column reflect only the environmentally constrained land acreages not previously included as part of an approved project, and do not include other constrained elements such as railroad track beds and major powerline easements. Constrained land acreages that were approved as part of a project are included in the ExistinQIApproved Open Space column. -2 The Open Space acreages of this table may differ from acreages delineated in the General Plan Land Use Element. The acreages of this table were derived from the best sources' available. 3 The acreages estimated in this table are for use in developing plan implementation programs only. Actual acreages shall be determined by detailed environmental and project review. The acreages in this table are not be used to establish 'minimum' constrained land acreages for any zone. 0 w w \ e E c b f L 3 =a 'E e3 gj g qp3 2UlELd p %a g%h !$ig - b L / EXISTING/APPROv ED OPEN SPACI CITY OF CARLSBAI cam.hrmopnsoor -FharayrvgmrapII APRL 19( w om FIG= 2 \ f -c CONSTRAIkD OPEN SPACE CITY OF CARLSBAD Gxw-mUlsqai CocM.Won-Llwglcm(Plvl c9w I392 w OM FlGuRE3 L f -, , CARLSBAu TRAIL SYSTEM CrrY Of CARLSBAD -nm---Q.nspoa cmrvrpn-urug.aw*% APR 1991 w om FK3UFIE4 \ -, f CONCEPTUAL OPEid SPACE LANDS CrrY OF CARLSBAD canp.mMOmsgCrk Caurnron~LlnrOmrrph APRL 1m w Lyz.--.------ --- ---e .-- ----M - om .-- '- FlGuRE5 \ f OFF&- OPEN SPACE & C!! 3ERVATlON MAF CITY OF CARLSBAC C-L---op.nspo~ conurvmmnResaraklvuocrrnp(. APm 199 L.pmd -*--- ' om -6 \ \ CONCEP(tAL OPEN SPACE & CJ'!,ERVATioN MAF CITY OF CARLSBAC camrcrc#opn~1 ~llonFi..ouauuuglcmpI.l APRL 1% L.prd ---- . ---- - ----- ..----.------ e-------- ------- .-U__--- --u--- .__I-- .------ - -----.---. - =----= om FKjlRE7 L EXHlBll 0 0 May 6, 1992 TO : PLANNING COMMISSION FROM: Planning Department SUBJECT: Dl 92-1 OPEN SPACE AND CONSERVATION RESOURCE MANAGEMENT PLA STAFF RECOMMENDED CHANGES Based on additional public input, staff recommends the following changes to the Draft Ope Space and Conservation Resource Management Plan. 1. OPEN SPACE NOT AVAILABLE TO THE PUBLIC WITHOUT SOME MONETARY 0 OTHER CONSIDERATION Open space priorities have been established on a zone by zone basis. Pursuant to tt- draft Open Space and Conservation Resource Management Plan, open space that not available to the public without some monetary or other consideration, will not gE credit toward meeting the growth management 1 5-percent open space performanc standard. However, if the open space priorities have been obtained in the zone, man types of open space, including open space areas that are not available to the publi without some monetary or other consideration, should be considered toward meetin the standard. STAFF RECOMMENDATION: To clarify that open space not available to the public without some monetary or othe consideration may receive credit toward the 1 5-percent open space performanc standard, if the open space priorities identified for a zone have been obtained, sta: recommends the following changes to Policy C.9, on page 26. C.9 Land area that is part of the Citywide Open Space System and which otherwis qualifies for measurement toward meeting the 1 5-percent growth managemer performance standard, but which is not available to the public without som monetary or other consideration, shall not be counted toward meeting th 0 0 Planning Commission May 6, 1992 Pacle 2 2. POWERLINE EASEMENTS Powerline easements are not identified as an open space priority in the draft Ope Space and Conservation Resource Management Plan. However, if the open spact priorities identified for a zone have been obtained, many types of open space shoulc be considered toward meeting the 1 5-percent growth management performancc standard, including powerline easements. STAFF RECOMMENDATION: To clarify that powerline easement may receive credit toward the 15-percent oper space performance standard if the open space priorities identified for a zone have beer obtained, staff recommends the following changes to Policy C.11, on page 26. C.11 Powerline easements shall not be counted toward meeting the 15-percen growth management open space performance standard, except where the Ian( within the easement is identified as an open space priority, such as a trail 01 3. GOLF COURSES Golf courses are not identified as an open space priority in the draft Open Space anc Conservation Resource Management Plan. However, if the open space prioritie? identified for a zone have been obtained, many types of open space, including gol, courses, should be considered toward meeting the 1 5-percent growth managemem performance standard. STAFF RECOMMENDATION: To clarify that golf courses may receive credit toward meeting the 15-percent open space performance standard if the open space priorities identified for a zone have beer obtained, staff recommends the following changes to Policy C.12, on page 26. C.12 Golf courses shall not be counted toward meeting the growth managemenl open space performance standard, except where the area within the golf course is identified as meeting an open space priority, such as a trail or greenway, ir m 0 Planning Commission May 6,1992 Paae 3 4. PRIVATE PARKS Private Parks are not identified as an open space priority in the draft Open Space ani Conservation Resource Management Plan. However, if the open space prioritie: identified for a zone have been obtained, many types of open space, including privatc parks, should be considered toward meeting the 1 5-percent growth managemen' performance standard. STAFF RECOMMENDATION: To clarify that private parks may receive credit toward meeting the 15-percent open space performance standard if the open space priorities identified for a zone have beer obtained, staff recommends the following changes to Policy C.24, on page 28. C.24 Parks public or private, shall not be counted in meeting the open space ., . . . . . . . . . . . . . . . . . . . . ... . . WIh OSCRMF?X.MEM -c 0 0 Au RE@ TERRElrL WATT, AICP q3S-E.. @I( CreL c- 4 (4153 M3-0549 a& PLANNING CONS'ULTANT 1757 UNION STREET $AN FRANCISCO. CA 94123 - FAX !415) 5658701 September 1, 1992 a Facsimile City Council City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Proposed "A6CeptmCe" by the City Council of the Comprehensive Open Space and Conservation Resource wement Pla n Dear council Members: This letter regarding the proposed approval of the comprehensive open Space and Conservation Resource Management Plan [VPlanrf 1 lo submittea on behalf of Project Future, The purpose of this letter is to apprise the City Council of Project Future's opposition to both the Plan and the process of Iracceptancevi of the Plan. Specifically, the Plan falls short of both the citizens desires for open space protection in CarlsSad, as wall as overturns recommendations debated at lengrh by both the Citizens Open Space Committee and the Open Space Advisqry Committee. MQYreOVer, the process of approval of the Plan cqntravenes the intent ob state general plan laws and the California Environmental Quality Act (CEQA). As we stated in our letter dated May 26, 1992 to the Planning Commission, the Plan is a great disappointment in that it lacks a concrete vision for the protection of Carlshd's remnining significant open spaces. In qrder for the Plan to achieve a concrete vision, the Plan Would lneed to recapture the desires as expressed by the Save Open Sqce initiative and the Report 0% the Citizens Committee for Revfjew of Carlsbad's Open Space Plan and Programs (Report). At a minimum, the Plan would need to: 1. Include in the category of Environmentally Constrained Lands, all Chlifarnia gnatcatcher habitat; te and mag as "propogediq open space, areas of the City that are currently desired open space. such proposed open spaces would be required €or dedication in exchange for rights on the remainder of existing ownerships. (This hs the nethod used by Orange County to acquire the Imine Coast dedication area, Caspers Regional Park, and zany 2. c e 0 City Council September 2, 1992 Page 2 other noteworthy public open spaces). Require more than a 15% dedication of useable open space lands, excludingcsnstrained lands, hazardous lands, etc., in return for development rights. (In many cases, required dedications by the County were in excess of 50% of the total ownership). Establish mandatory fees on new development for the purchase of designated tlproposed" open space lands. 3. 4. Our specific comments are set forth below. I. THE PLANNING PROCESS CONTFtAVENES CEQA AND THE INTENT OF A. An ELR Is Reauired It is our understanding that the proposed "acceptance" of the Plan is to be followed by incorporation sf the Plan into the City's Open Space and Conservation elements. Project Future believes that such acceptance is tantamount to adoption of the Plan. The Flan is clearly a project under CSQh. As such, we believe that the Plan nust be subject to environmental review pursuant to CEQA. Delaying such review until the Plan is incorporated into the general plan is contraryto CEQA provisions which require such review as "early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental assessment." CEQA Guidelines, Section 15004(b). As the court of appeal has explained: n[ejnvironrrtental problems should be considered at a point in the planning process 'where genuine flexibility remains.' Wnt Sutr 0 Defense CoW+tc?e v. Rwents of the U nivers itv - of Caffarni a 77 Cal.App.3d 20, 34 (1978). A study conducted after approval of a project will inevitably have a diminished influence on decision- making. Even if the study is subject to administrative approval, it is analogous to the sort of post hoc rationalization of agency actions that has been repeatedly condemned in decisions construing CEQA. &Je at page 35. Clearly, the Flan contains sufficient information to undertake meaningful enviromental review at this time. In addition, since the Plan contains an approach to open space planning that differs both front the existing open space element of the City, as well as the proposals by Citizens Advisory groups, -. e 0 City council September 1, 1992 Page 3 now is the appropriate time to analyze the comparative impacts of these alternative plan proposals ghile flex ibilitv still r emains. Environmental review should be completed in the form of an EIR because of the potential €or significant environmental impacts of the project including but not limited to the following: Increased traffic as a result of public use of proposed open space areas and trailheads; Environmental impacts of open space related improvements to trails and parks; Impacts due to the loss of existing open spaces (vacant lands) which will not remain in open space under the proposed Plan; and 4. Loss of habitat areas and potential loss of sensitive species where protected habitat is not sufficient for long-term support of the species, as well as other physical, significant environmental impacts of the Plan. Since She City has embarked on a comprehensive update of the General Plan, the FIR €or this project should be part of a comprehensive E3CR on the entire General Plan update. As such, the Plan should not bs acted upon ( or parts of the General Plan Updat8 naccepted") until an EIR for the entire General Plan update is completed. 1. 2. 3. te Public Particimtion is Poreclosed I. B. As the City is aware, public participation is both an essential part of the CEQA process and the general plan process. By integrating the CEQA review process into the general plan process, public participation is facilitated. The California suprema Court has stated that CEQA should be ''scrupulously followed," so that "the public will kno w the basis on which its EesW-offlclalseitherve OF reject mvjrom t acfL_$;zIln and will be able to "respond accordingly to action with which it disagrees-n I. el -rov- ts of the Unfversftv of C- 47 a9881 (m&as& adw). In the instant action, the City Is making it difficult if not impossible for its citizens to understand the basis on which its officials are acting on the Plan. is for the City to complete an EIR prior to recommending "acc@ptancem of other action on the Plan. As described above, the proper way to proceed is to complete an EIR on the entire general plan update, including the Plan as incorporated into the .. The proper process L -. e '* L City Council September 1, 1992 Page 4 appropriate general plan elements. 11, THE PLAN IS INADEQUATE FOR INCLUSION INTO THE OPEN We are informe6 that the Plan will be incorporated into the Open Space and Conservation elements of the general plan, and that it is intended as an implementation document. Project Future believes that as an implementation document the Plan is inadequate in at least the following respects: The Plan fails to adequately set forth an adequate action program consisting of specific programs which the City intends to pursue to secure open space lands; The Plan fails to inventory and designate adequate areas for open space and conservation, and to desigr-ate them in a manner that permits ready identification of them as open space when development proposals are submitted. Specifically, open space areas which correspond to policies requiring their protection, must be indicated on an open space map so that developers know which areas are off-limits to development in addition to a 15% dedication; and The Plan fails to achieve the overall purpose which is to assure recognition by the City that open- space land is a limited and valuable resource which must be conserved wherever possible, among other defects. 1. 2. 3. nr. THE PLAN FALLS SHORT OF THE RECOMMENDATIONS OF THE 2 A great deal of work by the citizens of Carlsbad has been directed over the years to open space planning and preservation. Another disappointing aspect of the proposed Plan is that it fails to live up to the fine recommendations and goals of the citizens. For example, the proposed Plan does not include recommendations made by the Citizen's Committee Report. A review of that Report recommended the following policies which have been largely ignored: Effort should be made tu accumulate Open Space in the largest possible parcels and to creation natural and mamade links between Open Space areas... #6. -t 0 * City Council September I, 1992 Page 5 #7. The Committee feels that it is particularly desirable to preserve Open Space areas as buffers around egologically sensitive areas, to encourage development of Fultural/tducationaL amanitios jn suitable dgen Space areas and to Leave natural open Saace areas in thei r natu ral st ate In addition, the Citizens# Report contains numerous f hi ussMarnsndationo, i nnl iirl i nrj rptjnrill nu how uugn gpflce should y"'-- TWL e counted,. mac musc ne recxmd,i=u wLLL LILF; rropouoJ Dlaa- Any departures by the proposed Plan from the Citizens' Report should be acknowledged and defended by the City prior to any 4Gtiara on the, planr CONCLUSION Project Future bas remained consistent in its urging of the City to undertake a comprehensive General Plan Update and concurrent EIR. Once again, we urge the City Council to follow this procedure instead of taking piecemeal action of components of the General Plan Update absent adequate enviranmental review. Very truly yours, %atF On Behalf of Project Future CC- Sierra Club Legal Defense Fund 5 I . 4 $. \ 0 0 -4 (Form A) TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT OTlCE RE: mxm HE A R I N &E Q u E s T Attached are the materials necessary for you to notice op~t SPACE AND CONSERVATION RESOURCE MANAGEMENT PLAN - - for a phdxh hearing before the City Council. t Please notice the item for the council meeting of -July 14, -as! , q* / ' ', , 6.- ' ,x-- * \ -&JL 2 -5. -4 9 / Thank you. I June 1, 1992 Date This notice is in response to complaints heard at Planning Commission, we did not publicly notice the hearing. b c * e -* -\ I PUBLIC NOTICE The Carlsbad City Council will consider the Open Space and Conservation Management Plan (DI 92-1) at the City Council Meeting of September 1, 1992. The meeting will be held at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, and will begin at 6:OO p.m. The intent of the Open Space and Conservation Resource Management Plan (OSCRMP) is to define, in specific terms, the objectives and actions required for the City to achieve a comprehensive and integrated Open Space system by the time it is substantially bui 1 t out. The OSCRMP includes an open space inventory; recommends open space goals, objectives and policies; contains a Citywide action and implementation plan; establishes action and implementation strategies for each of the City’s twenty-five Local Facilities Management Zones, contains cost estimates of implementing the OSCRMP; and proposes a Carlsbad Trail System. If you have any questions regarding this matter, please contact Terri Woods, in the Planning Department, at 438-1161, extension 4447. PUBLISH: August 13, 1992 CARLSBAD CITY COUNCIL . e e ‘a ’ -4. -.I 8 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitle1 I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general cir published weekly in the City of Carlsbad, County of San Diego, State of California, and which ne is published for the dissemination of locaI news and intelligence of a genera1 character, an newspaper at all times herein mentioned had and still has a bona fide subscription list o subscribers, and whichnewspaper has been established, printed and published at regular interv said City of Oceanside, County of San Diego, State of California, for a period exceeding one y preceding the date of publicatic notice hereinafter referred to; anc notice of which the annexed is E copy, has been published in eacl and entire issue of said newspapei in any supplement thereof on thc ing dates, to-wit: UBLIC NOTICE Carlsbad.City Council will senration Management Plan (DX 92- September 1. 1992 The meeting r the Open Space and Con- 1) at the City Council Meeting of will be held at the City Council Chambers, 1200 Carlsbad Village Drive. Carlsbad. California. and will begin at 6 00 p m The intent ofthe Open Space and Conservation Resource Manage- ment Plan (OSCRMP) is to define, in specific terms, the ObJeCtiVeS and actions required for the City to achieve a comprehensive and inte- grated Open Space system by the time it is substantially built out. The OSCRMP mcludes an open space inventory. recommendsopen spare goals, ObJeCtiVeS and poli- cies. contains a Citywade action and implementation plan. establishes action and implementation twenty-five heal Facilities Man- agement Zones. contains cost esti- mates of rmplementing the If you have any questions regard- ing this matter. please contact Ter- ri Woods. in the Planning Depart- CARLSBAD CITY COUNCIL CJ 3121 August 13,1992 August 13 strategies for each of the City’s Trail OSCRMP. System and proposes a Carlsbad ment. at 4381161. extension 4447 I certify under penalty of perjury foregoing is true and correct. Exe Carlsbad, County of San Diego, California on day of !he 13th -. .- August, 1YYf t QdLi Clerk of th