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Home My WebLink About1994-07-12; City Council; 12772; GREEN VALLEY INITIATIVE REQUEST7 .‘ GREEN VALLEY INITIATIVE REQUEST RECOMMENDED ACTION: Receive and file report and take no action on request to place Green Valley Initiative o November 1 994 election ballot. ITEM EXPLANATION: Mr. Robert Payne addressed the City Council at its June 28, 1994 meeting to request that it the Green Valley Balanced Use and Traffic Control Initiative on the November 1994 election without first collecting the necessary voter signatures. His comments from that meeting are att: as Exhibit 1. Staff has identified the potential consequences of Council’s alternative respon: the initiative request. Direct the City Attorney to return with documents necessary to I the proposed initiative on the November election ballot. Staff does not recommend this alterr for the following reasons. ALTERNATIVE 1. on a very complex land use matter. d. By placing the initiative on the ballot, the property owners may allege that they have deprived of their right to due process of review for their desired project to determine if it is consi with the City’s General Plan and Growth Management Plan. e. If voters approve the initiative, no public hearings would be held on the General PI: Amendment before either the Planning Commission or the City Council. e PAGE TWO OF AGENDmLL NO. 12,772 0 f. A General Plan amendment through the initiative process would not receive environmental review as submittal of proposals to a vote of the people is not a project for purposes of the California Environmental Quality Act. g. Once the General Plan is amended through this process, it could not be changed by this Council or a future Council, even if the community’s needs or desires change, without a subsequent vote of the people. h. Council’s placing the initiative on the ballot may eliminate or circumvent a fiscal analysis of the amendment and an analysis of the consistency between the initiative and other elements of the General Plan, including the land use and housing elements. comprehensive General Plan Update now being processed. i. Approval of the initiative may render inapplicable or unusable certain portions of the ALTERNATIVE 2. Take no action at this time and respond to the outcome of the initiative attempt if an adequate amount of signatures are collected according to state law. Staff recommends that this alternative be selected for the following reasons. a. The developer will be allowed to continue working with staff and area residents to address the outstanding issues still to be resolved on the project. Planning efforts now underway with property owners and other local agencies concerning this area should continue in the search for long range solutions to potential regional problems. b. By proceeding through the planning process, all parties will be allowed a fair chance to participate and have the outcome of the development decided according to established procedures. c. Residents may follow referendum procedures if concerns remain following City approvals. d. The issue of whether or not a General Plan can be amended by initiative is pending before the State Supreme Court and a decision is not expected until next year. tf the court determines that this vehicle is improper, an election, whether general or special, may be moot. FISCAL IMPACT: A special election could cost approximately $1 20,OOO. Including the initiative on the November general election ballot would add approximately $5,OOO to the cost of that election. In both cases, additional staff time in an undetermined amount would also be expended in preparing election related materials. Exhibit: 1. Comments from Robert Payne during June 29,1994 City Council Meeting. (I) fl 'u 0 0 28 JUNE, 1994 ROBERT PAYNE POST OFFICE BOX 3073 CARLSBAD 92009 TEL# 753 - 0007 <-* Wmfl TO THE MAYORIAND THE CITY COUNCIL The Carlsbad Citizens Group for Regional Plannins is no'w /- circulating y Initiative,/he Green Vallej Balanced Use and Traffic Control InitJative of 11994. This IGtia ive ddressesphe future developmen- of the last open land on Carlsbad's south border. We will d6posif.our books of signatures with tht City Clerk on the 7th of July to qualify for a NoGembei vote. of our signature count, we ask that the Council place this Initiative on the ballot. - If for any c reason our books do not contain! enough correct and vgrified signatures to equal the 10% required by city law, we intend to continue our signature drive until we gain the - 15% required tc trigger a special election. It is a certaintdthat we qualify our Initiative for a vote. The only a uestion/is- whether the people of Carlsbad will decide this ,issue in*November/or if they will vote later in a special election. We are awar that special elections cost the city =x ense. money. We ask you to avoid this unnecessary L p 'Put -- the lnitiat on the - ballot. You did this to resolve controversy. N*e - ask you to extend the the* same c urtes-/to our Initiative. / 22 y- 1 ./ c -i -31- Weme the City Council to take this opportunit to avoi$he expense of a special election. --+ 0 0 . *- The vote o the !nitiative/will be an Opjport~& for the peopl of Carl bad to voice their opinion o Remember: the issue of Green Valley developmen c------c, fillemncil - Chamberg with Carlsbad citizens Many other people crowded outside/ts watcl television monitors as we presented our respons tc Environmental -p*porv Im ac __---- the Hundreds bf people attended that rneetirg,-&rt! three spokelagainst it, and not one Carlsbad cihet Spoke for it. // We wrge,/you to make the correct and obviou: decision-'-to' place the Green Valley Balanced Use anc Traffic-Control Initiative on the November Ballot foi the citizens of Carlsbad. // 1 Ts placdhis issue on the batlodosty? fs:; ~qf rce a spe iai election will cost t o san tho a ds ofdoll rs +- 1 ake the c-and obvious decision. - Put the the concepdof -3 planned 7 regional development. - 4 -_ and the deeply fla f- et c------, -- - ballot./- Green Valley Initiativdon the November r / A=&- I * ROBERT PAYNE 0 ~7JG7iI-l-4 POST OFFlCE BOX 3073 CARLSBAD 92009 TO THE MAYOR AND THE CtTY COUNCtt Last week, I spoke here. I asked that the City Council place the The Green Valley Balanced Use and Traffic Controf initiative of 1994 on the November baflot. I emphasized that our group wouM ptace the Green Valley Initiative on the ballot regardless of the 10% or the 15% required signatures. Only the question of the date of the vote and the expense of the vote remained. We could not verify the number of signatures in our books by the 7th of July deadline. Therefore, we will continue gathering signatures until we gain the required 15% verified signatures. This will force a special election on the City of Carlsbad. Unless the City Council places the initiative on the November ballot. e 0 In response to my request last week, .I received this document, titled Green Valtey Initiative Request, with the code AB# 12,772. I do not know what city office prepared this document. The individuals responsible are named only as, STAFF. The STAFF recommends that the City Council refuse to put the initiative on the November ballot. The STAFF believes the Initiative will create a undesirable precedent. The STAFF states that the Hunt brothers' speculative projects in Green Valley are in compliance with the General Plan. The STAFF states that the Hunt brothers speculative projects in Green Valley are more appropriately addre5sed through the development review process. The STAFF states that the Hunt brothers speculative projects are only a neighborhood concern. that the uninformed residents of Carlsbad cannot make a decision on a very complex land use matter. , The STAFF states 0 0 1 want to remind the Council . that the Hunt brothers cannot continue with their speculative projects without changes in the General Plan. I want to remind the Council that the Hunt brothers and the City Planning Office failed to ~OI~OW the development review process. I want to remind the Council that we filled these chambers and the sidewalks outside these chambers with hundreds of Carlsbad citizens from all over Carlsbad. t want to remind the Council that the citizens of Carlsbad spoke against the speculative projects the Hunt brothers wanted to impose on our city. I want to remind the Council that the citizens of Carlsbad forced the Hunt brothers to withdraw their spec projects. And perhaps here we did set a precedent: The citizens of Carlsbad decided what the citizens of Carlsbad wanted in their city. Not what the STAFF wanted. What the citizens wanted. In a sense, the citizens of Cartsbad voted. 0 a - That's dl we want. We want to vote on the future of our cityc STAFF cannot stop this. The City Council can make this possible. At the iowest possible cost. We wiHl vote. The question is when and at what cost. Again, I ask the Council PO make the obvious and correct decision. Spare the City of Carlsbad the expense of a special eiection. Put the Green Valley initiative on the November ballot. 0 Carlsbad Partners, ltd. .................... .... 2111 Palomar Airport Road Suite 100 Carisbad. CA 92009 CROSSING July 12, 1994 Mayor Claude Lewis and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Re: Green Valley Ballot Petition Agenda Item 10 Honorable Mayor Lewis and City Council Members, From the outset of our planning efforts for Green Valley Crossings, we have committed to following all the policies and procedures prescribed by your Growth Management Plan. From the outset we have proposed a project with over 70 percent open space and an overall development intensity below that provided for in Growth Management. Our proposed project is consistent with the intent of your General Plan, is an appropriate use of the property, meets Carlsbad’s needs for commercial retail space, provides that adequate public facilities be in place prior to occupancy, and was approved by the Planning Commission. The request before you today, to place the Green Valley Balanced Use and Traffic Control Initiative of 1994 on the November ballot is inappropriate at this time, and totally ignores the award winning urban planning and growth management plan and procedures Carlsbad has been successfully using since 1986, In addition, the petition ignores due process, pre-empts property rights, and penalizes the project applicant for following your rules. On the very evening that you directed us to work with your staff and the community to resolve issues raised during the public hearing, we were informed by the Carlsbad Citizen Group for Regional Planning that a ballot initiative would be filed with the City Clerk. As we worked in good faith with your staff to address regional traffic issues, we were denied access to CCG meetings as they planned their strategy to block our project through the initiative process. c e e Since CCG has not provided the necessary signatures, we respectfully ask that you do not voluntarily place their initiative on the November ballot. We should be allowed to comply with your instructions to further analyze regional traffic impacts and mitigations before final judgements about the project are made. We should be afforded the opportunity to address the concerns expressed during the public hearing before General Plan changes are made which impact the financial viability of providing mandated public facilities. As elected representatives for all citizens in Carlsbad, you should not jeopardize the City’s long established and proven Growth Management policies and procedures, which the community at large approved, by allowing ad hoc planning though the initiative process by special interests which do not represent the entire Carlsbad community. Yours truly, qit4Mkm In/.&L M rinus W. Baak, P.E. Owner’s Representative Green Valley Crossings January 13, 1995 Mrs. Inez Yoder 7738 Madrilena Way Carlsbad, CA 92009 Dear Mrs. Yoder: Enclosed is a copy of the agenda bill concerning the Green Valley Initiative petition which will be considered by the City Council Tuesday night, January 17, 1995. Also enclosed is an agenda for that meeting. I re-read my letter to you dated December 13, 1994, and want to apologize for an error. It appears that I had trouble making the adjustment from 1994 to 1995. Thank you for your understanding, and if you have any questions, please call me. Sincerely, &-@- LEE RAUTENKRANZ City Clerk Ir Enc. (2) 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 & . December 13, 1994 Mrs. Inez Yoder 7738 Madrilena Way Carlsbad, CA 92009 Dear Mrs. Yoder: Following up on our telephone conversation of December 8th, I just wanted to confirm that the signatures on the Green Valley Initiative Petition have been checked by the Registrar of Voter’s Office in accordance with my instructions. As a result of the verification process, it was found that the petition is sufficient. I have enclosed a copy of the Registrar’s letter concerning that verification. The next step is for me to certify the petition to the City Council at a meeting. Per your request, the matter will be scheduled for the January 17, 1994 City Council meeting. I will be sending you a copy of the agenda bill when it is complete so you can review it in advance of the meeting. If you have any questions concerning the matter, please don’t hesitate to call me. Sincerely, kc LazLd-7 LEE RAUTENKRANZ City Clerk Ir enc. (1) 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 r -b 0 * CONNY B. MCCORMACK OFFICE: (619) 565 16191 694 TDD: (6191 694 FAX: (619) 694 Mail Stop: AEWSTW OFVOTERS &nmtg of $if~ piego MIKEL D. nus REGISTRAR OF VOTERS Location Code: 5201 RUFFIN ROAD, SUITE I, SAN DIEGO, CALIFORNIA 92123-1693 ASSISTM REGISTRAR December 2, 1994 Aletha L Rautenkranz City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Ca 92008-1989 Re: GREEN VALLEY INITIATIVE PETITION-CITY OF CARLSBAD Dear Ms Rautenkranz: Enclosed is the above named petition and the certification determining there are 38,917 registered voters residing within the City of Carlsbad A 500 random sampling was conducted and the statistical sampling shows the valid signatures fell above the 110% of the number of signatures ne to qualify the petition. Therefore, the petition has been found suffici (Elections Code Sections 4054, 3707, & 3708) Results of the verification process are as follows: Date petition was received in this office November 28, 1994 Number of sections submitted 105 Number of signatures submitted 5,010 Number of signatures verified 500 Number of signatures found sufficient 454 Number of signatures found insufficient, including 1 duplicate 46 Number of registered voters in subject territory 38,917 Number of signatures required (10% of 38,917) 3,892 If you have any questions, please call Caesar Bolchini at 694-3409. sincerely, CONNY B. McCORMACK Registrar of Voters '. (fL2?3/fL P. - CAESAR C. BOLCHINI VOTER SERVICES CBM:CCB: jc 0 @ December 14, 1994 TO: CITY COUNCIL FROM: City Clerk CERTl Fl CAT1 ON OF GREEN VALLEY I NIT1 ATlVE PETITION The signatures on the Green Valley Initiative Petition have been verified by the Registrar of Voter’s Office and there were a sufficient number of valid signatures to certify the sufficiency of the petition. Therefore, I must certify the petition to the City Co unci I. I have discussed the matter with the proponents and with the City Manager’s Office, and all have agreed to place it on the agenda for the Council meeting of January 17, 1995. It will not be a public hearing, but I’m sure some of the proponents will want to address Council concerning the petition and Council’s choices. If you have any questions, please call. @a * LEE RAUTENKRANZ City Clerk Ir cc: City Manager City Attorney 4 *- e 0 I, CONNY B. McCORMACK, Registrar of Voters of the County of San Diego, State of California, hereby certify that the petition entitled, cfi r /!b&/ rY PeA%;cfl; 6- rt?&A V4llp, F4gk -7.J was filed with this office on - I I4Sil by Khndk This petiiion consists of approximately sections (pages) containing approximately 1,s 5007 signatures. CONNY B. McCORMACK Registrar of Voters BY &%%& &&&&&/ -% * f .!! ~ fd November 28, 1994 z =r, oc u- L4z ZJ -+ n cy -= =q$ v: C"L7; exk L: 3.* fir3 -.A 4- = 32- & wo me3 c N cqZ z.. - c -.I *k r Mr. Caesar Bolchini Registrar of Voters 5201 Ruffin Road, Suite I San Diego, CA 92123-1693 County of San Diego . frlm RE: GREEN VALLEY INITIATIVE PETITION - CITY OF CARLSBAD The Green Valley Initiative Petition was filed in my office on Monday, November 21, 1994. Per instructions from Sally McKenna, we waited until today, Monday, November 28, 1994, tu deliver the petition to the Registrar of Voter's Office for signature verification. From my prima facie review of the petition, it appears that there are a total of 5,007 signatures contained in 105 booklets. When the Notice of Intent was filed, there were 38,977 registered voters in Carlsbad, as certified to the Secretary of State. There are an insufficient number of signatures to meet 15%; therefore, the number of valid signatures required for 10% is 3,892. If there are a sufficient number of valid signatures for certification of the petition, it would qualify for Carlsbad's November 1996 General Municipal Election. Since the petition was filed in my office on November 28th, it appears that the deadline for verifying signatures (excluding Saturdays, Sundays and holidays) is January 4, 1995. Consistent with my policy on petitions, I would request that you use the random sampling technique to verify signatures and if the resulting number of valid signatures falls within 95 to 110 percent, then please examine and verify each signature on the petition. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 e 0 U’ c- 7.- ..a Page 2 Please call me with any questions and/or to let me know when the verification is finished and the petition ready to be returned. Once again I thank you for all of your assistance. -24 ALETHA L. RAUT City Clerk ALR Enc: 1 separate box of petitions 1 November 28, 1994 Mr. Caesar Bolchini Registrar of Voters County of San Diego 5201 Ruffin Road, Suite I San Diego, CA 92123-1693 RE: GREEN VALLEY INITIATIVE PETITION - CITY OF CARLSBAD The Green Valley Initiative Petition was filed in my office on Monday, November 21 , 1994. Per instructions from Sally McKenna, we waited until today, Monday, November 28, 1994, to deliver the petition to the Registrar of Voter‘s Office for signature verification. From my prima facie review of the petition, it appears that there are a total of 5,007 signatures contained in 105 booklets. When the Notice of Intent was filed, there were 38,917 registered voters in Carlsbad, as certified to the Secretary of State. There are an insufficient number of signatures to meet 15%; therefore, the number of valid signatures required for 10% is 3,892. If there are a sufficient number of valid signatures for certification of the petition, it would qualify for Carlsbad’s November 1996 General Municipal Election. Since the petition was filed in my office on November 28th, it appears that the deadline for verifying signatures (excluding Saturdays, Sundays and holidays) is January 4, 1995. Consistent with my policy on petitions, I would request that you use the random sampling technique to verify signatures and if the resulting number of valid signatures falls within 95 to 110 percent, then please examine and verify each signature on the petition. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 - e a e Page 2 Please call me with any questions and/or to let me know when the verification is finished and the petition ready to be returned. Once again I thank you for all of your assistance. w2 ALETHA L. RAUT City Clerk ALR Enc: 1 separate box of petitions I‘ * : z. 00 * I 310 x 00 % I 5- i- ~ 3899. - I 38468 = 53. * 1 - - 1050 :k 150 g 5. SJ 93- 4/ 5- -4 49 tJ - 96 30 t=. 960 4#@ 38917- X 0015 = 5837.55 * 42. < 970 5. 950 v 85* 92- 4 J(’ 12- rs‘ 11340 * 98. t/ 9;: 5 ;;: 9 97- +/ 3:: ’/ 11. 4$ 940 : 560 $ 95- t q - $ 5033. - 38990 = 53 4 3873- t 1134- = 5c07* #i - 669 6 _- 920 “7. t 400 t/ 984 t 98. t 22. d 98. t 150 t 250 d- 860 i- 13. t 300 t 170 t 240 t 5. t 1- tJ 60 4. 10. 4- 92- 4- 55. j 30 t 8- t 39. t 9. t 90 tf 960 t 38. t 60 t 680 t 80 t 960 i- 959 i 3573. t 920 t 3- iJ 29. +J 93. t 11. t 608 td ?4* t 12. -rJ 96. t 6. 9 15- tJ 11. t 29. t/ 348 t 708 toJ 10. t 14 33- t 93- t 330 t 36. t 63. t - 16. t 34- t 960 -I 719 t 260 t 11- t 30 t 69. .6 960 .6 338 t 4 7 0 -;. 230 -I- 110 I 910 G 340 t 229 t 11. 9 ?* -I 240 t 03- + c“?. j- - 91: .e-- .z 20 I’ 760 = I 113b # I - r- -- -- -- -*Cl^rrrr*CII-C.r-w-4-&w - 0 0 11/20/94 11:Ol PM : GREEN VALLEY INITIATIVE BOOKS SUBMITTED TO CARLSBAD CITY CLERK NOV 21,1994 BOOK CIRCU- GROSS X'D NET NO LATOR SlGS OUT SlGS 4 Grassi R 98 0 98 6 Busley M 56 0 56 y7 Kersten M 97 2 95 I..$' Johnston F 98 2 96 $0 McLeanH 98 4 94 \;v4 Guilloton J 8 0 8 & Bridges Jean 68 0 68 K3 Strauss M 88 1 87 4 Sorensen 3 0 3 $5 DeAngelis P 15 0 15 &3 Yoder 98 3 95 \p"f Solorio R 29 0 29 & Winnick 22 0 22 44 Grassi R 98 0 98 a{ Taylor D 70 3 67 Qf Barge F 68 2 66 w BarnesK 33 1 32 @4 BarnesR 33 0 33 d5 Yoder 98 2 96 4% Smardan J 9 0 9 67 Boersma 70 0 70 &f8 Schmaltz C 29 0 29 d Britton L 3 1 2 & HarmsD 35 1 34 46 Barge P 96 3 93 Gf6 Stafford 1 0 1 fl Evans 12 0 12 6 Smith B 3 0 3 & Payne 98 7 91 41 DimasD 98 6 92 GT2 Soltys G 60 0 60 45 . Yoder 98 2 96 d57' Yoder 98 1 97 $8 Ferris K 30 0 30 $9 Stoll L 24 0 24 44 Hembrock 98 0 98 A3 WymanR 23 0 23 46 Weida J 24 1 23 ,#7 Carroll C 98 0 98 4'8 Forster M 30 0 30 3 McLaughlin 71 2 69 Bleha P 77 5 72 $2 Stroud G 64 1 63 44 Wyman A 35 1 34 Klipp B 11 0 11 Page 1 1 0 0 11/20/94 11:Ol PM GREEN VALLEY INITIATIVE BOOKS SUBMITTED TO CARLSBAD CITY CLERK NOV 21,1994 BOOK CIRCU- GROSS X'D NET NO LATOR SlGS OUT SlGS 43 Moore Ilona 10 0 10 $4 Barres Kath 35 1 34 6 JensenMarla 12 1 11 6 HandMatt 7 1 6 \f3;i BurnsM 78 2 76 d TaubmanR 15 !-__ 15 &i%K --T=--+of 70 --J g@r,a@ 0 0 ?S___U 98 5 93 L87 Strauss J 97 0 97 69 SandersCin 5 0 5 f0 BriggsMary 34 0 34 G7 DyvigA 11 0 11 $3 McLeanH 98 6 92 34 Cattaneo J 40 0 40 6 McLean 98 4 94 A Bleha W 3 0 3 IB Waiters 98 1 97 W Perry 8 1 7 L~I Jachimowicz 98 1 97 L&2 McLean H 98 3 95 453 Barge P 98 5 93 44 Agliata nicf 98 0 98 &I JohnstonF 15 0 15 46 Frey Doris 5 0 5 d97 Yoder 98 2 96 &9 Jachimowicz 4 0 4 W1 Klein 44 0 44 11.s3 La BrieA 89 3 86 vMT4 Walters T 12 0 12 ~4'07 McLeanH 98 2 96 d8 . Yoder 79 3 76 dl McLeanH 85 1 84 .;Y(o Boyer, Carol 2 0 2 df3 McLeanH 98 3 95 G'65 Smith B 3 0 3 &ii Payne 13 2 11 69 Yoder 11 0 11 60 BurnsM 48 1 47 d2 Uldricks 3 0 3 $01 Barge P 98 2 96 &€I3 Kenney Edw 26 0 26 16 0 16 3 ;rk;;Rich 98 1 97 467 Meskin H 37 0 37 d9 PayneR 98 3 95 Page 2 11/20/94 11:Ol PM a e GREEN VALLEY INITIATIVE BOOKS SUBMITTED TO CARLSBAD CITY CLERK NOV 21,1994 BOOK CIRCU- GROSS X'D NET NO LATOR SlGS OUT SlGS d0 Balog H 34 1 33 a2 Goldman (Pace) 9 0 9 44 DimasD 39 0 39 SEf6 Yoder 56 1 55 sf8 McLean 10 0 10 69 Churchill 5 0 5 ma Becherer I1 0 11 &2 Yoder 98 4 94 dl1 Mendosa 6 0 6 El5 Bleha 9 1 8 d7 Barge F 8 2 6 a$21 Danforth 24 0 24 a4 Forster M 18 1 17 67 Soiorio R 14 1 13 e0 LaBrieN 88 2 86 63 BargeP 26 1 25 TOTALS 5147 119 5028 Page 3 0 0 November 2 1,1994 To The Honorable Clerk of the City of Carlsbad, California We , the undersigned Citizens and registered voters of the city of Carlsbad, California submit attached 106 signature books containing 5028 signatures in support of the Green Valley Balanced Use and Traffic Control Initiative of 1994. Inez C. Yoder e INmm PROCESS The Initiative process is used by citizens who want to force Council to enact an ordinance or some legislative action. GfieeJ V+ ~13s’ 1. c Citizen starts the clock by filing Notice of Intention (with text of initiative) with the& City Clerk; and at the same time files with the City Clerk a request that a ballot title and summary be prepared. Within 15 days after the proposed measure is filed, the City Attorney shall provide 7 a ballot title and summary to the City Clerk. Citizen must publish the notice of intention and the title and summary (and furnish the City Clerk with a proof of publication within 10 days of publication). C‘ iz n ma be n circu ating petition after?publjcation referenced in #3. Citizen has 180 days from date of receipt of title and summary (see #2 above). Petition must be filed with City Clerk within the 180 day time frame. Within 30 days from the date of the filing of the petition, the City Clerk must examine the petition and determine sufficiency. If sufficient, it must be presented to Council at the next regular meeting. The City Clerk certifies the petition at a Council meeting. Council may determine to place the item on the ballot or adopt the ordinance as presented. In addition, Council now has the option of referring the initiative measure for a report (i.e. it’s fiscal impact). If referred for a report, the report must be presented to Council no later than 30 days after the Clerk certifies the petition (#7). Council must then determine whether to place the item on the ballot or to adopt as presented. 5 I a 7 2. 4/2 3. b] ,$ 4. ~OV. 23 5. U&LLkWJhA 1- d* 4- D-. 23 6. ~fi. 27 7 . 8. c & Ma-L*-38;?/ RPr;Cd”d r/& Qr .ilqr- -e 0 e * ROBERT PAYNE POST OFFICE BOX 3073 CARLSBAD 92009 0 632 - 1961 My comments and questions are offered for the record. My comments and questions refer to: Z C A 94 - 01 / LCPA 94 - 01 DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT To the Mayor and City Council of Carisbad: On 9 March, City staff completed the draft of the ZONE CODE AMENDMENT'. @The Zone Code Amendment would grant the developers of any approved project an irrevocable contract with the city. If, in the future, circumstances forced changes on the approved project, the City would be liable for damages. On 5 April, several hundred Carlsbad residents asked for changes in the Green Valley Crossings project. The Council took no action on the alternate plan REAo &4GZlrJC @ASL eroposed by the community. Cp&plEAJTT AT d of 8-9-9% After months of attempting to reconcile the urban-density projects proposed by d 9 0 the Carlsbad Partners of allas Texas, c with the communities of Carlsbad and Encinitas, Carisbad citizens of Carlsbad California @wrote and filed the Green Valley Initiative. In the same period staff proceeded through the bureaucratic process for approval of the Zoning Code Amendment. Now that 1 know of the Amendment, I think it is very fortunate that Carlsbad Partners withdrew the Green Valley Crossings project on 10 May. Withdrawing the project 0 allows Carlsbad Partners to file later for an irrevocable contract. However, this suggests that Carlsbad Partners had knowledge of the proposed Zone Code Amendment. The advocates of the Green Valley Initiative had no knowledge of the Zone Code Amendment. In the past months, developers, staff, and Council have worked together to update the General Wan ii3 And now, City staff received 0 e -4 Planning Commission approval of the Zoning Ordinance Amendment. Last month, Council proposed that staff meet with a citizen committee. e These meetings have not occurred. However, city staff did forward with the Zone Code Amendment and they now have Planning Commission approval for the amendment. This suggests a plan of concerted action to thwart the Green Valley Initiative. @Is this possible? Is city staff creating a bureaucratic device to kill not only the Green Valley Initiative, but ail future petitions by the citizens of Carlsbad? Does democracy so threaten the City staff that they must work to kill all present and future opposition to developer projects? Wha do they work for? For the citizens of Carlsbad? @Ur developers? 0 Ben Smith 0 -1 3017 Azahar Court Rancho La Costa, CA 92009 619-436-9960 To the &yor and City Council August 6, 1994 City of Carlsbad, California This letter is offered for the record. Updating the Carlsbad General Plan and EIR coincides with a zoning ordinance amendxent approved by the Planning Cammission for acceptance by the City Council, These actions may adversely affect efforts of citizens to modify the Green Valley Project by initiative. Should the zoning ordinance amendment be approved, the developer can request a contract with the city that is irrevocable rather than modify its Green Valley Project in line with widespread public opposition. This may impinge the constitutional rights of citizens . who have signed initiative petitions by denying them due process, free speech, assembly, and petition. The General Plan Update and zoning ordinance amendment will favor the Green Valley Project and work against those who oppose a major Plaza Camino Real shopping mall there. Actions of developer, staff, and Council in the past several months have coincided toward updating the General Plan and adopting the zoning ordnance amendment on the one hand, while the city has proposed discussions that have not occured on the other, suggesting a plan-and concert of action to thwart the Green Valley Initiative. Council evinced interest in CCG’s ideas and withheld action on Green Valley, and staff proposed to put it through the approval process again. Council proposed that staff meet with a citizen committee, but all the while fron Earch 9th forward staff acted to change the zoning ordinance so any developer could have an irrevocable cantract with the city beyond the reach of citizens to modify, once adopted, and the developer of Green Valley may be the immediate beneficiary. On Hay 10th several hundred asked for changes in the Green Valley Project. The Council took no action on the alternate plan proposed by CCG who immediately filed its initiative with the city. In the same period staff began to qualify the zoning code nmendnent. Then the Green Valley developer withdrew its project, allowing it to file t -* 0 0 Page 2 later for an irrevocable contract? suggesting some knowledge af what was going forward that was not known by advocates of the Green Valley InitFative. On August 3rd the Planning Commissioz adopted Resolution Eo. 3699 Froposing that the Council approve the Zone Code Amendment, On the same date Council was urged again to put the initiative on the November ballot. To date no meetings have been held with. the proposed citizens committee to help modify the Green Valley Project, Thus the city fostered an impression of cooperation with proponents of the Green Valley Initiative when all the while staff was working in the opposite direction preparing the zoning amendment. The city has been less tban candid, if not misleading, in an apparent effort to undercut the citizen Initiative to moderate grawth in Green Valley. The Counci1 should not act hastily on matters of such far-reaching consequence. The present system has worked well. Why rush to change it and favor one developer's questionable project? Sincerely, --. AT g-9-9y C9YfJClL MEE-i-l/JG -JplEZ WER REPD By j) qR1- puOL(c CW-~rsdT. @ e @ 7720 B El Camlno Real #282, Cahsbad CA 92009 632-1961 August 2, 1994 'The Mayor and City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Green Valley Study/Discussion Grccp Nomi rations TIlIRD REQUEST Dear Mayor and Councilmembers: Ne have still not received a City response to either our lz~~c--r of July 15 or our reminder of July 24 in which we requested thzx Robert Payne, Inez Yoder, and Ben Smith be included ir, the Green Valley Study/Discussion Workshop now being formed at City c'oi;c;c!' direction. We, the requestors, whose names are signed below, the three originating signers of the Green Valley Initiative, i?nd Robert Payne, "$0 was designated by Mayor Lewis as one of the tvm citizen leaders on this matter. interest as The Green Valley Conservancy. As indicated in our previous letter, we have not authorized any other person or group to withdraw or negotiate this request- :de have received phone calls from a Steven Perry scheduling a meeting, and then cancelling it without explanation. Mr. Perry is not our representative. Is he the City's representative? include LWO or We are operating in the public e 0 2 We hope that you will respond favorably to our request. Surely you will agree that the Workshop membership should include the nominees put forward by two of the three signers of the Green Valley Initiative. Any Workshop not including those nominees would be challengeable as non-representative. The addresses and phone numbers of our nominees are given in our letter of July 15. A copy of that letter, and one of our July 24 reminder are attached for your convenience. Very Truly Yours THE GREEN VALLEY CONSERV /+&Ai$@ Fre eric cc: Community Developmen City Attorney City Clerk City Planning Director -. e e 77208 El Camino Real #282, Carlsbad CA 92009 632 - 196 1 July 15, 1994 The Mayor and City Council The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor and Councilmembers: The undersigned, two of the three signatories of-the Green Valley Balanced Use and Traffic Control Initiative of 1994, request that Robert Payne, Inez Yoder and Ben Smith be designated as participants in the forthcoming Study/ Discussion Workshop Green Valley now being constituted at City Council direction. Robert Payne was recognized as a citizen-leader by the Mayor at the City Council Meeting, July 12, e 1994. Inez Yoder is a signatory of the Initiative. Ben Smith has extensive experience in political matters and in commercial business. Very Truly Yours, 1 Frederick H. Barge Inez Yoder cc: City Attorney City Clerk Planning Director NOMINEES : Robert Payne 7732 Placid0 Street Carlsbad, CA 92009 Phone 632-1961 Inez Yoder 7738 Madrilena Way Carlsbad, CA 92009 Ben Smith 3017 Azahar Ct Carlsbad, CA 92009 Phone 436-9960 Phone 436-8596 0 * 77208 El Camino Real #282, Cartsbad CA 92009 632 - 1961 July 24, 1994 The Mayor and City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Green Valley Study/Discussion Group Nominations SECOND REQUEST Dear Mayor and Councilmembers: We have not received a response to our letter of July 15 in which we requested that Robert Payne, Inez Yoder, and Ben Smith be included in the Green Valley Study/Discussion Workshop now being formed at City Council direction. We hope that you will respond favorably to our request. Surely you will agree that the Workshop membership should include the nominees put forward by two of the three signers of the Green Valley Initiative. We have not authorized any other person or group to withdraw or negotiate this request. The addresses and phone numbers of our nominees are given in our letter of July 15. A copy of that letter is attached for your convenience. Very Truly Yours Frederick H. Barge Inez Yoder cc: City Attorney City Clerk City Planning Director I)c' (II 77208 El Camino Real #282, Cartsbad CA 92009 632 - 1961 August 1, 1994 The Mayor and City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Green Valley Study/Discussion Group Nominations Dear Mayor and Councilmembers: We have not received a response to our letter of July 15 in which we requested that Robert Payne, Inez Yoder, and Ben Smith be included in the Green Valley Study/Discussion Workshop now being formed at City Council direction. We hope that you will respond favorably to our request. Surely you will agree that the Workshop membership should include the nominees put forward by two of the three signers of the Green Valley Initiative. We have not authorized any other person or group to withdraw or negotiate this request. The addresses and phone numbers of our nominees are given in our letter of July 15. A copy of that letter is attached for your convenience. Very Truly Yours SECOND REQUEST F&. * 4. Barg + 4#& cc: City Attorney City Clerk City Planning Director , 0 0 G 7720B El Camino Real #282, Cartsbad CA 92009 632 - 1961 July 15, 1994 .. The Mayor and City Council The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor and Councilmembers: The undersigned, two of the three signatories of--the Green Valley Balanced Use and Traffic Control Initiative of 1994, request that Robert Payne, Inez Yoder and Ben Smith be designated as participants in the forthcoming Study/ Discussion Workshop on Green Valley now being constituted at City Council direction. Robert Payne was recognized as a citizem’leader by the Mayor at the City Council Meeting, July 12,-1994. Inez Yoder is a signatory of the Initiative. Ben Smith has extensive experience in political matters and in commercial business. Very Truly Yours, /%g?!LdPd,m Frederick H. Barg ? ho$!-6 cc: City Attorney City Clerk Planning Director NOMINEES : Robert Payne 7732 Placid0 Street Carlsbad, CA 92009 Phone 632-1961 Inez Yoder 7738 Madrilena Way Carlsbad, CA 92009 . .. Phone 436-8596 Ben Smith 3017 Azahar Ct Carlsbad, CA 92009 Phone 436-9960 0 U /- 772013 El Casrniiio Real 282, Carlsbad, CA 92009 July 12, 1994 The Mayor and City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor and Councilmembers: We were disappointed that you did not place the Green Valley Balanced Use and Traffic Control Initiative of 1994 on the November 1994 Ballot. This is to inform you that we will continue unabated to collect the necessary signatures to qualify for the ballot. We are willing to participate in conferences or discussions on this matter provided that they are fairly-structured and have a prospect of open-minded exchange of ideas. We will avoid participating in lengthy seminars which would have the effect of burning up time and diverting citizen energy. In no event will any such conferences be allowed to delay or interrupt the effective action of signature-gathering. ywLur/ I Ro ert Payhe la Po4 &LJJ &ch-J fl j b- '-. /tf Inez Yo Fredrick H Barg cc City Clerk City Attorney July 8, 1994 Mr. Robert Payne P. 0. Box 3073 Carlsbad, CA 92009 Dear Mr. Payne: At the June 28, 1994 City Council meeting, you spoke during Public Comment and asked that the City Council place the Green Valley Initiative on the November ballot. At that time, the Council asked that the matter be placed on the next agenda so they could discuss the matter. The item is on the agenda for the July 12, 1994 Founcil meeting, and I have enclosed a copy of the agenda bill for your information. Sincerely, 2s h LEE RAUTENKRANZ City Clerk lr Enc. (1) 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 * 28jUNE, 1994 e ROBERT PAYNE POST OFFICE BOX 3073 CARLSBAD 92009 =fl TEL# 753 - 0007 TO THE NAY0 ND THE CITY COUNCtL The Carlsbad Citizens Group for Regional Planning is nkw /- circulating ay tnitiative9/he Green Vat le; Balanced Use and Traffic Control Inifiative of 1994. This I6ka ive ddressesphe future development of the last open land on Carlsbad's south border. We will d6posipur books of signatures with the City Clerk on the 7th of July to qualify for a NoGember vote. Regardless -^I e of our signature count, we ask that the Colnncil place this Initiative on the ballot. -c- If for any c reason our books do not contain enough correct and verified signatures to equal the e__ 10% required by city law, we intend to continue our signature drive until we gain the c_ 15% required tcl trigger a special election. tt is acertainty'that we qualify our Initiative for a vote. The pnly g uestion/'is whether the people ol Carlsbad wil1 decide this issue in&vember/or if they We are awar that special elections cost the city will vote later in a special election. money. We ask - you/to avoid this unnecessary expense --c1----.-c Put the Lnhwt?-on the ballot. You did this to resolve controversy. Nae - ask you to extend the the* same c urtesyto our Initiative. WeJarZpe the City Council to take this opportunitl / /J/" ?------ / e/ c to avo$he expense of a special election. / READ bqRrAI6 (?L!IjLIC Commf3J-f- 47- B/a%j9y CovrJCiL fi&7-fJd+ L L e The vote P o the tnitiativdwitl be an wportunitl and the deeply fla i ec for the peed of Cart bad to voice their opin-ion or Remember: the issue of Green Valley developmen c---------,- fillevncil _--c-F-cI------ Chamberg with Cartsbad citizens Many other people crowded _I_-d outside/ro watcl television monitors as we presented our respons tc ed that meeting,hrtl three spoke'against it, and not one Cartsbad citizer i We m/you to make the correct and obviou! decision-=- rc--------- place the Green Valley Balanced Use anc Traffic Control initiative on the November Ballot foI the citizens of Cartsbad. the concepdof ---? planned 7 regional development. 4 cT----s- - ---ccI----s - To placdthis issue on th decision. .-"---r. Put the ballot/- - 0 0 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1 989 (619) 434-2891 FAX: (61 9) 434-8367 RONALD R. BALL CITY AlTORNEY KAREN J HIRATA June 6, 1994 DEPUTY CITY ATTORNEY Kevin K. Johnson, Esq. Johnson, 0"Connell & McCarthy 550 West C Street, Suite 1150 San Diego, California 92101 RE: GREEN VALLEY PARK, OPEN SPACE AND TRAFFIC CONTROL -. INITIATIVE OF 1994 I- Dear Mr. Johnson: For purposes of calendaring, I have advised the City Clerk that the deadline for securing signatures and filing petitions under Elections Code section 4006 is 180 days from the date she delivered the title and summary to petitioners which date is, therefore, November 23, 1994. hesitate to contact me. Should you have any questions regarding the above, please do not - V y uly yours, LR.k RONALD R. BALL City Attorney ZCity Clerk ATICE OF INTENT TO CIRCULATE PETITION THEGREENVALLEY BALANCED USE AND TRAFFIC CONTROL INITIATIVE OF 1994 Notice is hereby given bythe per- sons whose names appear hereon of their intention to rirculate the ._ Petition Within the CityofCarlsbad . -. for me puipux VI dmrrruing me nances. if appropriate. for the 281 Carlsbad General Plan to designate acre Green Valley area (legally de- the Green Valley as a Specific Plan scribed on page 9 of the Initiative) Area and to estabfishSpectfic Plan hefore future development may guidelines which will (1) provide occur for a responsible balance of private Sectton One $ and public uses in the Green Valley States purpose and findings area. by limiting community com Sectton Two i mercial development to no more Amends the Land Use Element of ;than 20 acres residential develop- the General Plan to ’ ment to no more than 15 acres and 1) add the Green Valley planning 1 ensuring that at least 25 acres Of area. land will be set aside for active or 2) change its designation from passive open public use, (2) prevent Commercial/Office/Residential to excessive and unmanageable Waf- Open Space/CommerciaYResiden- fic increases in the area. (3)require tial careful site planning in &reen Val- 3) amends the appropriate land ley to better protect public safety use maps, and and security, (4)encourageuses. in- 4) establish a special treatment ing agriculture. in the Green area. ey area that are compatible Establishes the Green Valley existing community character Planning Area with guidelines for a resources. (5) protect existing future Specific Plan which wildlife habitat. natural resources 1 Will set the exact boundaries of and open space. including Encini- the combined open space, commer- rtas Creek and Batiquitos Lagoon. cial and residential areas om insensitive and excessive de- 2 Will include both passive elopment, and (6) maximize (approximately 200 acres) and ac- ppcrtunities for park land crea- tive (a minimum of 25 acres) open on space A statement of the reasons ofthe 3 May include recreational proposed action as contemplated in areas, community center facilities. the Petition is as follows: library small er, com- A massive 600.000 square foot re- mercial agric /festival gional commercial retail center center and residential development for Establishes community commer- the Green Valley has recently been cial uses allowed up to a maximum proposed Green Valley is a beauti- of200.000squarefeetofgross build- ful north-south corridoraaacent to ing floor area on no more than 20 Batiquitos Lagoon, bordered to the acres generally located atthe south west by picturesque hillsides and end (with access preferred at Calle bluffs covered with rare maritime Barcelona and Leucadra Boule- chaparral, and to the east bY tush vard) Discourages direct access riparian habitat surrounding En- from La Costa Avenue and/or El cinitas Creek, a prime tributary to Camino Real Batiquitos Lagoon The area is the Establishes residential uses of home to endangered and betkeen eight to fifieen dwelling threatened bird and plant species units per gross acre with a growth and is recognized by scientists as control point of li 5 dwelling units having some of the highest habitat per acre on no more than 15 gross values in the entire County of San acres (120 to 225 dwelling units tot- Diego al). clustered and generally ex- South of the proposed Green Val- pected to be north of the commer- ley project. the Ecke family in En- cial area cinitas IS moving forward with a Should construct a bridge over plan to build over 650.000 square Encinitas Creek that will protect feet of regional commercial shop- wildlife habitat pingcenters andover 1.200residen- Should include a drainage sys- tial units tem for development as it affects Together. the two developments Encinitas Creek and/or Batiquitos promse to bring well over 100.000 Lagoon to mitigate erosion and new car trips each day into and pollution near the southern boundaries Of Keeplevels ofexterior lighting to Carlsbad a minimum to avoid unnecessary Traffic prwections for the south- impacts to community and biologic- ern Cbrlsbad area. as a result ofthe al resources project and others planned for the Section Three area. promise near traffic gridlock This inittative will either be in- for intersections like La Costa Ave- cluded in the 1994 General Plan nue and El Camino Real in the near amendments or the first amend- future ment of 1995 and it prevails over The huge traffic increases wlll any conflicting General Plan exacerbate existing traffic Safety amendments adopted between May problems for children attending 25 1994 and the effective date of schools in the area and for elderly this initiative The Initiative does pedestrians not affect development projects Economic studies show that con- that have received all discretion- sumer demand in the area cannot ary approvals prior to May 25,1994 support over 12 million regional or projects with vested rights commercial square feet ACCOr- Sectton Four dingly. developer promises ofsigni- The Initiative becomes a part of ficant new tax revenues to the City the Carlsbad General Plan are greatly overstated Sectton Ftve The paving over and develop- If parts of the Initiative are de- ment of over 80 acres of prime am- clared invalid by a court, the re- cultural land and open space in mainder is to be considered valid Green Valley will permanently des- Section Szz troy and degrade irreplaceable This initiative may be amended biological resources and eliminate or repealed only by the voters at a lands best suited for continued City election agricultural use and open space Sectton Seven Ocer development andlackofprop- The Initiative directs the City er planning will also threaten Council to enact ordinances. if ground water quality and quanti- appropriate. to implement this me- ties as well as water quality in En- asure cinitas Creek and in Batiquitos La- CS 7373 June 2, 1994 goon Herewith submitted is the com- plete text of the initiative Nay25 1994 Inez Yoder. 7738 Madrilena Way, Carlshad. CA 92009 Frederick H Barge.2011 EscencioTerrace. Carl- sbad. CA 92009. Richard Barnes. 7623 Rustico Drive. Carlsbad, CA 92009 The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure Title THEGREENVALLEY BALANCED USE AND TK4FFIC CONTROL INITIATIVE OF 1994 Summary The Initiative consists of seven sections which amend the Cit)’s General Plan. require a specific plan and the enactment of ordi- * . Lad w ULdA e e Carlsbad SUN 7kb 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. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 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 entitled matter. I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspa is published for the dissemination of local news and intelligence of a general character, and which news per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, which newspaper has been established, printed and published at regular intervals in the said Citj Carlsbad, County of San Diego, State of California, for a period exceeding one year n preceding the date of publication of notice hereinafter referred to; and that notice of which the annexed is a prir copy, has been published in each reg and entire issue of said newspaper and in any supplement thereof on the follc ing dates, to-wit: June 02 19 i 19 - 19 - 19 - 19 - I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 7nd day of June, 1994 l~/J?&-t u- Clerk of the Prii * * 0 c SEE June 3, 1994 ROUP for REGIONAL planning 7623 Rustico Street, Carlsbad. CA92009 (619) 632-1956 Ms Lee Rautenkranz City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Ms Rautenkranz: I have enclosed the Proof of Publication regarding the Notice of Intent to Circulate Petition for the Green Valley Balanced Use and Traffic Control Initiative of 1994. This was published, as required, in the Carlsbad Sun on June 2, 1994. Please let me know if there are any futher require= ments. Thank you for your help. Sincerely, .-.A QAd@ggz Richard Barnes, President Carlsbad Citizens Group 7623 Rustico St. Carlsbad, CA 92009 Enclosure: Proof of Publication e 0 June 3, 1994 TO: RON BALL, CITY ATI'ORNEZ FROM: City Clerk GREEN VALLEY PAEW, OPEN SPACE AND TRAFFIC CONTROL INXTIATISX OF 1994 It has been my understanding for the last 15 years that I am the Elections Officer for the City of Carlsbad. As such, I have done my best to see that the Election's Code of the State of California is followed in all city election matters. Over the last few months, however, I have been bypassed and left uninformed about issues affecting elections, and therefore, affecting me. With respect to the subject initiative now in process, a recent event has left me (once again) concerned and confused. In accordance with the Election's Code, a Notice of Intent and text of a proposed initiative petition was filed (and subsequently refiled) in the City Clerk's Office along with their request for a Title and Summary. Section 4002.5(a) of the Elections Code then states "The clerk shall immediately transmit a copy of the proposed measure to the city attorney" for preparation of a ballot title and summary. The next step (according to that same section of the Elections Code) is for the city attorney to "provide and return to the city clerk a ballot title for and summary of the proposed measure." Section 4002.5(b) then states "The clerk shall furnish a copy of the ballot title and summary to the person filing the proposed measure." The next applicable section is 4006. It states that "...the petition ... shall be filed within 180 days from the date of receipt of the title and summary, or after termination of any action for a writ of mandate...". I apologize for all of the above detailed reference to the Election's Code, but felt it was necessary in order to explain my concern and confusion. On May 27, 1994, your office provided the ballot title and summary to me. I immediately called Mr. Barge, who is the person who filed the initial documents with me. He came to my office that same day and picked up the title and summary. Therefore, according to Section 4006 of the Election's Code, I calculated the 180-day filing deadline for the initiative petition as November 23, 1994. . . * 4 Page 2 On Monday, June 1,1994, your office provided me with a copy of your letter and a revised title and summary for the Green Valley Initiative. That is the crux of my problem and confusion. Section 4002.7 references the possibility of changing the title and summary via a writ of mandate, but I can find nothing in the Elections’ Code that provides for negotiated changes to the title and summary. Therefore, I would appreciate knowing what sections of the Election’s Code you are following in this process of changing the title and summary. I am also now confused about the deadline for the petition. I did not provide a revised summary to the proponents; therefore, does the old deadline stand, or by your actions, have you changed the deadline? I look forward to your response, and would be happy to respond to any questions you may have about the above. . . iikKiiTW City Clerk lr 0 e CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1 989 (619) 434-2891 FAX: (619) 434-8367 RONALD R. BALL CITY AlTORNEY KAREN J. HIRATA SENT VIA FACSIMILE June 2, 1994 DEPUTY CITY AlTORNEY Kevin K. Johnson, Esq. Johnson, O'Connell ti McCarthy 550 West C Street, Suite 1150 San Diego, California 92101 RE: GREEN VALLEY PARK, OPEN SPACE AND TRAFFIC CONTROL INITIATIVE OF 1994 Dear Mr. Johnson: After further review, please note that I have changed the title from "City Attorney's Impartial Analysis'@ to "City Attorney's Title and Summary1'. Enclosed is the final copy of the City Attorney's Title and Summary. The changes that were confirmed by our conversation and my letter of June 1, 1994 are incorporated in this final version. Should you have any questions regarding the above, please do not hesitate to contact me. ly yours, vQ&&z RONA R. BALL I28 &- City Attorney rmh c: City Clerk JJ enclosure (with attachment) - L 0 0 CITY ATTORNEY'S TITLE AND SUMMARY The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure. Title: The Green Valley Balanced Use and Traffic Control Initiative of 1994. Summary: The Initiative consists of seven sections which amend the City's General Plan, require a specific plan and the enactment of ordinances, if appropriate, for the 281 acre Green Valley area (legally described on page 9 of the Initiative) before future development may occur. Section One: States purpose and findings. Section Two: Amends the Land Use Element of the General Plan to: 1) 2) 3) amends the appropriate land use maps; and 4) Establishes the Green Valley Planning Area with guidelines for a future Specific Plan which: 1. Will set the exact boundaries of the combined open space, add the Green Valley planning area; change its designation from Commercial/Office/Residential to Open Space/Commercial/Residential; establish a special treatment area. commercial and residential areas. Will include both passive (approximately 200 acres) and active (a minimum of 25 acres) open space. 3. May include recreational areas, community center facilities, library, small amphitheater, commercial agriculture, arts/festival center. Establishes community commercial uses allowed up to a maximum of 200,000 square feet of gross building floor area on no more than 20 acres generally located at the south end (with access preferred at Calle Barcelona and Leucadia Boulevard). Discourages direct access from La Costa Avenue and/or El Camino Real. 2. Final - 6/2/94 4 1 c a 0 Establishes residential uses of between eight to fifteen dwelling units per gross acre with a growth control point of 11.5 dwelling units per acre on no more than 15 gross acres (120 to 225 dwelling units total), clustered and generally expected to be north of the commercial area. Should construct a bridge over Encinitas Creek that will protect wildlife habitat. Should include a drainage system for development as it affects Encinitas Creek and/or Batiquitos Lagoon to mitigate erosion and pollution. Keep levels of exterior lighting to a minimum to avoid unnecessary impacts to community and biological resources. Section Three: This initiative will either be included in the 1994 General Plan amendments or the first amendment of 1995 and it prevails over any conflicting General Plan amendments adopted between May 25, 1994 and the effective date of this Initiative. The Initiative does not affect development projects that have received all discretionary approvals prior to May 25, 1994 or projects with vested rights. Section Four: The Initiative becomes a part of the Carlsbad General Plan. Section Five: If parts of the Initiative are declared invalid by a court, the remainder is to be considered valid. Section Six: This Initiative may be amended or repealed only by the voters at a City election. Section Seven: The Initiative directs the City Council to enact ordinances, if appropriate, to implement this measure. Final - 6/2/94 0- 0 0 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1 989 (61 9) 434-2891 FAX: (619) 434-8367 RONALD R. BALL CITY ATTORNEY KAREN J. HIRATA SENT VIA FASCIMILIE June 1, 1994 DEPUTY CITY ATTORNEY Kevin K. Johnson, Esq. Johnson, OIConnell & McCarthy 550 West C Street, Suite 1150 San Diego, California 92101 RE: GREEN VALLEY PARK, OPEN SPACE AND TRAFFIC CONTROL INITIATIVE OF 1994 Dear Mr. Johnson: Thank you for your fax transmittal of May 31, 1994 regarding this matter. Please make the following changes: 1. The second paragraph on page 2 should read: lrShould construct a bridge over Encinitas Creek that will protect wildlife habitat." 2. Paragraph 3 should read: "Should include a drainage system for development as it affects Encinitas Creek and/or Batiquitos Lagoon to mitigate erosion and pollution." 3. Paragraph 4 should read: "Keep levels of exterior lighting to a minimum to avoid unnecessary impacts to community and biological resources. !I The remaining changes are acceptable. Should you have any questions regarding the above, please do not hesitate to contact me. ly yours, vDd-f2. k RONALD R. BALL City Attorney rmh c: City Clerk (with attachment) . c -* e a ++&.&dLSIS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure. Title: The Green Valley Balanced Use and Traffic Control Initiative of 1994. Summary - : The Initiative consists of seven sections which amend the City's General Plan, require a specific plan and the enactment of ordinances, if appropriate, for the 281 acre Green Valley area (legally described on page 9 of the Initiative) before future development may occur. Section One: States purpose and findings. Section Two: Amends the Land Use Element of the General Plan to: 1) 2) 3) amends the appropriate land use maps; and 4) Establishes the Green Valley Planning Area with guidelines for a future Specific Plan which: 1. Will set the exact boundaries of the combined open space, commercial and residential areas. 2. Will include both passive (approximately 200 acres) and active (a minimum of 25 acres) open space. 3. May include recreational areas, community center facilities, library, small amphitheater, commercial agriculture, arts/festival center. Establishes community commercial uses allowed up to a maximum of 200,000 square feet of gross building floor area on no more than 20 acres generally located at the south end (with access preferred at Calle Barcelona and Leucadia Boulevard). Discourages direct access from La Costa Avenue and/or El Camino Real. add the Green Valley planning area; change its designation from Commercial/Office/Residential to Open Space/Commercial/Residential; establish a special treatment area. . e x *” e Establishes residential uses of between eight to fifteen dwelling units per gross acre with a growth control point of 11.5 dwelling units per acre on no more than 15 gross acres (120 to 225 dwelling units total), clustered and generally expected to be north of the commercial area. Should construct a bridge over Encinitas Creek that will protect wildlife habitat. Should include a drainage system for development as it affects Encinitas Creek and/or Batiquitos Lagoon to mitigate erosion and pollution. Keep levels of exterior lighting to a minimum to avoid unnecessary impacts to community and biological resources. Section Three: This initiative will either be included in the 1994 General plan amendments or the first amendment of 1995 and it prevails over any conflicting General Plan amendments adopted between May 25, 1994 and the effective date of this Initiative. The Initiative does not affect development projects that have received all discretionary approvals prior to May 25, 1994 or projects with vested rights. Section Four: The Initiative becomes a part of the Carlsbad General Plan. Section Five: If parts of the Initiative are declared invalid by a court, the remainder is to be considered valid. Section Six: This Initiative may be amended or repealed only by the voters at a city election. Section Seven: The Initiative directs the City Council to enact ordinances, if appropriate, to implement this measure. c4\ccrp\baUot2.sum Y a 0 9 May 27, 1994 TO : CITY CLERK FROM: City Attorney BALLOT TITLE AND SUMMARY FOR THE GREEN VALLEY BALANCED USE AND TRAFFIC CONTROL INITIATIVE OF 1994 Attached to this memorandum, please find the ballot title and summary of the proposed initiative to be submitted directly to the voters in accordance with Elections Code section 4002.5. Please provide a copy of the ballot title and summary to the proponents in accordance with paragraph (b) of Elections Code section 4002.5. This will allow the proponents to publish or post and circulate the petition as required by law. If the petition is presented to you for filing, before accepting it, please make sure it complies with the requirements of law, namely: 1. That the petition has been circulated after publication or posting and the preparation of this title and summary. 2. That the petition is filed within 180 days from the date of receipt of this title and summary. 3. That the petition and all sections of it are filed in your office during normal business hours. 4. That each section of the petition contains a declaration of the circulator containing the information required by Elections Code section 3519 including a declaration that each circulator is a registered voter of the City and contains his or her voting residence address. 5. Determine the total number of signatures affixed to the petition which, if properly verified, are prima facia evidence that the signatures are genuine and that the persons signing are qualified voters. All petitions must be filed at one time. 6. If the petitions are accepted by your office, they cannot be amended except by court order. The petition and any memoranda prepared by your office examining the petitions are not public records and disclosure of that information is limited to your office, the proponents and certain law enforcement officials. You must retain the petitions on file for a minimum of eight months after the certification of the election results. (t 0 0 Should you have any questions regarding the above, please do not hesitate to contact me. 0 RONALD R. BALL City Attorney mzh attachment c: City Manager May27, 1994 Mr. Frederick Barge 201 1 Escencio Terrace Carlsbad, CA 92009 Title and Summary - Green Valley Balanced Use and Traffic Control Initiative Confirming my telephone call today, I just received the ballot title and summary from the City Attorney for the subject initiative. In accordance with Section 4002.5((b) of the California Election's Code, I am furnishing you with a copy of the ballot title and summary. This will allow you to continue with the initiative process. If you have any questions, please don't hesitate to call me at 434-2808. In addition, the the normal business hours for the City Clerk's office are 8:OO a.m. to 5:OO p.m., Monday through Friday. 00 4- L ERAUTENKRANZ , City Clerk Ir Enc. Oxr( dm 7-A-F- 4-$.--"7 w WA. o,,+q -7 3-/a7j q q. 4:2s~.~- B- 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 .+ 0 0 CITY ATTORNEY'S IMPARTIAL ANALYSIS Initiative Measure to be Submitted Directly to the Voters The Green Valley Balanced Use and Traffic Control Initiative of 1994 ( llInitiativell) consists of seven sections which amend the City's General Plan, require a specific plan and the enactment of ordinances, if appropriate, for the 281 acre Green Valley area (legally described on page 9 of the Initiative) before future development may occur. SECTION ONE States purpose and findings. SECTION TWO Amends the Land Use Element of the General Plan to: 1) add the Green Valley planning area; 2) change its designation from Commercial/Office/Residential to Open Space/Commercial/Residential: 3) amend the appropriate land use maps; 4) establish a special treatment area: and 5) amend the open space and conservation map. Establishes the Green Valley Planning Area with guidelines for a future Specific Plan which: 1. Will set the exact boundaries of the combined open space, commercial and residential areas. 2. Could include both passive and active open space (a minimum of 25 acres). 3. May include recreational areas, community center facilities, library, small amphitheater, commercial agriculture, arts/festival center. 4. Should analyze the location, funding and uses. Establish community commercial uses allowed up to a maximum of 200,000 square feet of gross building floor area on no more than 20 acres generally located at the south end (with access preferred at Calle Barcelona and Leucadia Boulevard connection points and discourage direct access from La Costa Avenue and/or El Camino Real). Establish residential uses of between eight to fifteen dwelling units per gross acre with a growth control point of 11.5 dwelling units per acre on no more than 15 gross acres (120 to 225 dwelling units total), clustered and generally expected to be to the northern portion. - e e * Allow the City Council to determine street access with consideration to limiting it to the extension of Calle Barcelona and a connection to future Leucadia Boulevard and constructing a bridge over Encinitas Creek. Include a drainage system for development as it affects Encinitas Creek and/or Batiquitos Lagoon to mitigate erosion and pollution. Keep levels of exterior lighting to a minimum to avoid unnecessary impacts to community and biological resources. SECTION THREE This initiative will either be included in the 1994 amendments or the first amendment of 1995 and it prevails over any conflicting general plan amendments adopted between May 25, 1994 and the effective date of this initiative. The Initiative does not affect development projects that have received all discretionary approvals prior to May 25, 1994 or projects with vested rights. SECTION FOUR The Initiative becomes a part of the Carlsbad General Plan. SECTION FIVE If parts of the Initiative are declared invalid by a court, the remainder is to be considered valid. SECTION SIX This initiative may be amended or repealed only by the voters at a City election. SECTION SEVEN The Initiative directs the City Council to enact ordinances, if appropriate, to implement this measure. The above statement is an impartial analysis of the Initiative submitted to the electors as Proposition . If you desire a copy of the Initiative, please call the Carlsbad City Clerk's office at 434-2808. 1) * May26, 1994 TO: RON BALL, CITY ATTORNEY FROM: City Clerk REQUEST FOR BALLOT TITLE AND SUMMARY - GREEN VALLEY INITIATIVE Yesterday at 5:lO p.m., a Notice of Intent to circulate an initiative petition and a request for a ballot title and summary was filed in the City Clerk’s Office. I understand you were also provided with a copy of the documents. The Election’s Code states that the City Attorney shall provide and return to the city clerk a ballot title and summary of the proposed measure within 15 days after the proposed measure was filed. Therefore, please provide me with a ballot title and summary by 5:OO p.m. on Friday, June 9, 1994. Thanks for your assistance, and please call me with any questions and/or let me know if there are other problems. d2- LEE RAUTENKRANZ * City Clerk lr .- "- "_ ,.-- CITY OF CARLSBAD 434-2867 ACCOUNT NO. DESCRIPTION @ mnted on recycled paper CASH REGISTER n * e * 1 2,nvm>,, fz- ~fi,Urn\\T =c -- / ;i: ,,,-i-;- ,,mm< =-- ,,,m&-B -.;- ,,,rnfl-n% ---- il CARLSBAD CITIZENS GROUP FOR REGIONAL PLANNING 7623 RUSTIC0 DR PH 619-632-1956 LA COSTA OFFICE 7730 EL CAMINO AEAL CARLSBAD CALIFORNIA 92009 1 \ 0 e May 25, 1994 Ms. Lee Rautenkranz City of Carlsbad Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Reauest for Ballot Title and SummarV Dear Ms. Rautenkranz: Pursuant to California Elections Code section 4002.5, formal request is hereby made that a ballot title and summary be prepared for the Green Valley Balanced Use and Traffic Control Initiative of 1994, dated May 25, 1994. Pursuant to Section 4002.5, a copy of the proposed measure is to be immediately transmitted to the City Attorney. Within 15 days after the filing of this measure, the City Attorney is to provide and return to the City Clerk a ballot title for and summary of the proposed measure. Please find enclosed the Notice of Intent to Circulate as well Thank you for your courtesy and cooperation in these matters. Sincerely, as the text of the initiative. F&&& dh Frederick H. Barge F 2011 Escencio Terrace Carlsbad, CA 92009 FHB/km Enclosures c4\\cc1p\l-title2.m~m * * Camino Real in the near future. The huge traffic increases will exacerbate existing traffic safety problems for children attending schools in the area and for elderly pedestrians. Economic studies show that consumer demand in the area cannot support over 1.2 million regional commercial square feet. Accordingly, developer promises of significant, new tax revenues to the City are greatly overstated. The paving over and development of over 80 acres of prime agricultural land and open space in Green Valley will permanently destroy and degrade irreplaceable biological resources and eliminate lands best suited for continued agricultural use and open space. Over development and lack of proper planning will also threaten ground water quality and quantities as well as water quality in Encinitas Creek and in Batiquitos Lagoon. Herewith submitted is the complete text of the initiative. May 25, 1994 7738 Madrilena Way Carlsbad, CA 92009 May 25, 1994 Fw &/d id-/- Frederick fi. Barge 2011 Escencio Terr Carlsbad, CA 92009 May 25, 1994 aLPe Richard Barnes 7623 Rustic0 Drive Carlsbad, CA 92009 c4\ccrpu-m~t.nc? 2 e e THE GREEN VALLEY BALANCED USE AND TRAFFIC CONTROL INITIATIVE OF 1994 NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given by the persons whose names appear hereon of their intention to circulate the Petition within the City of Carlsbad for the purpose of amending the Carlsbad General Plan to designate the Green Valley as a Specific Plan Area and to establish Specific Plan guidelines which will (1) provide for a responsible balance of private and public uses in the Green Valley area, by limiting community commercial development to no more than 20 acres; residential development to no more than 15 acres and ensuring that at least 25 acres of land will be set aside for active or passive open public use; (2) prevent excessive and unmanageable traffic increases in the area; (3) require careful site planning in Green Valley to better protect public safety and security; (4) encourage uses, including agriculture, in the Green Valley area that are compatible with existing community character and resources; (5) protect existing wildlife habitat, natural resources and open space, including Encinitas Creek and Batiquitos Lagoon, from insensitive and excessive development; and (6) maximize opportunities for park land creation. A statement of the reasons of the proposed - action as contemplated in the Petition is as follows: A massive 600,000 square foot regional commercial retail center and residential development for the Green Valley has recently been proposed. Green Valley is a beautiful north-south corridor adjacent to Batiquitos Lagoon, bordered to the west by picturesque hillsides and bluffs covered with rare maritime chaparral; and to the east by lush riparian habitat surrounding Encinitas Creek, a prime tributary to Batiquitos Lagoon. The area is the home to endangered and threatened bird and plant species and is recognized by scientists as having some of the highest habitat values in the entire County of San Diego. South of the proposed Green Valley project, the Ecke family in Encinitas is moving forward with a plan to build over 650,000 square feet of regional commercial shopping centers and over 1,200 residential units. Together, the two developments promise to bring well over 100,000 new car trips each day into and near the southern boundaries of Carlsbad. Traffic projections for the southern Carlsbad area, as a result of the project and others planned for the area, promise near traffic gridlock for intersections like La Costa Avenue and El 1 e 1~~ $‘[’I 3 fi I994 i 0 b. CltYOFCARLSBAD To the Honorable Clerk of the City of Carlsbad: We, the undersigned, registered qualified voters of the City of Carlsbad, County of San Diego, hereby propose an initiative measure to amend the Carlsbad General Plan. We petition you to submit the same to the City Council of the City of Carlsbad for its adoption without change, or for rejection and submission of the measure to the voters of Carlsbad at the next regularly scheduled election. If signatures for at least 15% of the City‘s registered voters are submitted, the City is petitioned to adopt the measure without change or to reject the same and to immediately submit the measure to a vote of the people at a special election, or, consistent with the provisions of Government Code section 4020, set the vote for the November 1994 general election. THE GREEN VALLEY BALANCED USE AND TRAFFIC CONTROL INITIATIVE OF 1994 The People of the city of Carlsbad Do Hereby Ordain As Follows : SECTION ONE - PURPOSE AND FINDINGS A. PURPOSE OF INITIATIVE This measure is intended to establish the Green Valley as a 1 -. -0 0 I. Specific Plan Area with guidelines which will direct future development. The Specific Plan designation and related guidelines will prevent massive over-development; serious traffic congestion; neighborhood security and safety problems; and encourage the retention of valuable agricultural lands. The measure is further intended to prevent the permanent destruction and degradation of critical wildlife habitat, natural resources and open space in the Green Valley area, which is, in substantial part, best suited for public use. The measure is further intended to provide for balanced land uses within the Green Valley area by allowing appropriately scaled community-oriented commercial development; properly scaled residential development; and a variety of public uses of open space. B. FINDINGS 1. Excessive Development. A massive 600,000 square foot regional commercial retail center and residential development for the Green Valley has recently been proposed. Green Valley is a beautiful north-south corridor adjacent to Batiquitos Lagoon, bordered to the west by picturesque hillsides and bluffs covered with rare maritime 2 I. *. -0 0 chaparral, and to the east by lush riparian habitat surrounding Encinitas Creek, a prime tributary to Batiquitos Lagoon. The area is the home to several endangered and threatened bird and plant species and is recognized by scientists and planners as having some of the highest habitat values in the entire County of San Diego. South of the proposed Green Valley project, the Ecke family in Encinitas is moving forward with a proposal to build over 650,000 square feet of regional commercial shopping centers and over 1,200 residential units. The citizens find that consumer demand in the area will not support over one million new square feet of commercial development. 2. Traffic Conqestion. Together, the two developments promise to bring well over ' 100,000 new car trips each day into and near the southern boundaries of Carlsbad. Traffic projections for the southern Carlsbad area, as a result of the projects and others planned for the area, promise near traffic gridlock for intersections like La Costa Avenue and El Camino Real in the near future. The huge traffic increases will exacerbate existing traffic safety problems for children attending schools in the area and for 3 4\ -0 e elderly pedestrians. 3. Health, Safety and Welfare. Public health, safety and welfare suffer from intensive urban development and ever-increasing traffic congestion. The burdens of excessive traffic include, but are not limited to, the loss bf productivity by citizens sitting in traffic jams; increased traffic accidents and related personal injuries; increased pedestrian, bike and automobile collisions; loss of prospective shoppers in business districts which are already heavily congested; decreased property values; increased air pollution; and overall degradation of our quality of life. 4. Speculative Tax Benefits. Economic studies show that consumer demand in the area cannot support over 1.2 million regional commercial square feet. Accordingly, developer promises of significant, new tax revenues to the city are greatly overstated and infrastructure impacts greatly understated. Citizens find that responsible planning requires that the City limit the type and amount of commercial uses to those which conceivably could be supported by the trade area, and to those 4 0 e which are consistent and compatible with the prime concept and image of the community as a desirable residential, open space community. 5. Aqricultural Lands and Open Space. The proposed paving over and development of nearly eighty acres of prime agricultural land and open space in Green Valley will permanently destroy and degrade irreplaceable biological resources and eliminate lands well-suited for continued agricultural use and open space. The Green Valley area has been successfully farmed for decades, and is part of an ever-shrinking agricultural base of the City of Carlsbad and San Diego County. The area has also been identified by planning experts as presenting one of the last and best opportunities for the creation of a true coastal regional park in North San Diego County. The biological resources of Green Valley, its natural beauty and its symbiotic relationship with Batiquitos Lagoon, make Green Valley the highest priority for preservation and responsible long- term planning. Over-development will threaten the quality and quantity of ground water in Encinitas Creek and Batiquitos Lagoon. 5 ,I -0 0 6. Crime and Neishborhood Security. The placement of residential development adjacent to a massive commercial center, all partially shielded from El Camino Real by riparian trees and vegetation along Encinitas Creek, promises to create an open invitation to gang and criminal activities in an area which will be substantially separated and hidden from view after dark, during regular business hours. Recent gang related activities at the Carlsbad shopping centers near Highway 78 are an example of poorly located regional commercial centers attracting the criminal element. Care must be taken in properly designing and siting development in Green Valley to avoid attributing undesirable loitering and gatherings after dark. 7. Housinq. This initiative measure is consistent with the City’s General Plan Housing Element. It allows the development of moderate to high density dwelling units in a number reasonably balanced with other competing needs, constraints and uses for the area. 6 I. -* 0 8. General Plan Intesritv. The Carlsbad General Plan is the land use llconstitutionll for future development in the City of Carlsbad. This initiative measure is consistent with the General Plan in allowing a balanced use of the properties which will provide a reasonable return for the property owners, generate tax revenue for the City from commercial sales and, at the same time, protect irreplaceable natural resources and create additional open space and park opportunities for the citizens of Carlsbad and the region. Accordingly, the citizens of Carlsbad find that Green Valley should be planned to avoid over-development; to keep traffic impacts to manageable levels; to avoid over building for the area's consumer market; to site and cluster development so as to deter crime andmaximize open space and habitat connections; to encourage continued agricultural uses; and to provide sufficient protection for irreplaceable natural resources. -. SECTION TWO - GENERAL PLAN AMENDMENTS The Land Use Element of the Carlsbad General Plan, adopted October 15, 1974, as amended through May 25, 1994, is hereby amended as follows. New paragraph (h) is hereby added to paragraph 14, "Special 7 .. -0 0 Treatment Area", of Section C, vvClassif ication", of Chapter IV, @#The Plan", of the Land Use Element, to read as follows: "(h) The Green Valley Planning Area.I1 The General Plan Land Use Map, as it appears in the Carlsbad General Plan, is hereby amended for the subject area to: Delete the combination C/O/= land use designation, and replace it with a combination OS/C/RMH land use designation and the Special Treatment Area designation. Land Use Element Map Figure I, "Prime Open Space and Conservation Areasng, page 21 of the Land Use Element, is amended to: Add open space resource designations within the Green Valley Planning Area on the subject map to correspond to the open space and conservation resources shown for the GreenValley Planning Area on Exhibit B, IlOpen Space and Conservation Mapt1, and Exhibit C, "Comprehensive Open Space Network Mapt1, of the Open Space and Conservation Element of the Carlsbad General Plan. New paragraph 8 and related provisions are hereby added to Section J, "Special Treatment Area Guidelinesvi, of Chapter V, "Land Use Guidelinesn1, of the Land Use Element, to read as follows: 8 -0 e 8. The Green Valley Planning Area shall be a Specific Plan Area. This area shall include the following specified lands: Those parcels identified by the San Diego County Assessor's Office as Assessor's Parcel Nos. 216-122-24, 36, 37; 255-011-05, 08, 09, 10, 12, 13 and 14; 255-021-05 through 08. The Specific Plan provisions established below are based on the expectation of private development and use of land within this area, subject to the requirements for set-aside of open space. Should there be an opportunity for expanded land acquisition, however, nothing in these provisions shall exclude such expanded or exclusive acquisition of land in the Green Valley Planning Area for public purposes. With the exception of permits or approvals which may be required for: (a) the continuation of existing, legally established uses; (b) field cultivation of agricultural or horticultural crops on lands outside of the open space vegetation communities and required buffers described below; or (c) necessary street or utility improvements required for purposes other than new development within this planning area, no land use or development approval or permit (or grading permit) will be approved or authorized by the City for land within the Green Valley Planning Area until a specific plan is adopted by the City and is effective 9 1. -. .. 0 for the entirety of this planning area. The Green Valley Specific plan will be consistent with, and serve to implement, each of the following provisions, as well as applicable provisions of all elements, of the Carlsbad General Plan. General Provisions - The Green Valley Planning Area is designated as a Special Treatment Area, subject to a Specific Plan. As such, the land use designation for the Green Valley Planning Area is a combined OS (Open Space), C (Community Commercial), and RMH (Medium High Density Residential) designation. The exact location and boundaries of each land use category, and of the zoning designations which will implement them, will be determined through the required Specific Plan, consistent with the prescriptions below. Outside of the envelope of passive open space lands, intensity of development and land use should generally be concentrated toward the southern end of the planning area, close to points of access and adjacent to urban land uses. This general planning concept for the Green Valley Planning Area envisions a carefully planned, integrated and interactive set of land uses, which take advantage of the beauty of their setting. Residential use should be buffered from, but can also be linked with, the community commercial use through the choice and site design of active open space and park facilities. Layout and site design of all uses should ensure their positive, functional interaction. 10 .. -0 e The Green Valley Planning Area also offers the opportunity to realize a unique blend of commercial and open space land uses. As opposed to the stereotypical community shopping center and traditional public park facilities, commercial and active open space development in this area may be aimed at realization of a !If estival center". This festival center could include such elements as a small festival grounds for art, craft and cultural arts celebrations and commercial sales and, recalling Green Valley's agricultural heritage, commercial agricultural field growing. Elements of this concept could be provided in the active open space land use category, and interactive and supportive elements could be included in the private commercial contingent of land use. The possibility of such an interactive commercial/community concept will be addressed in specific planning for the Green Valley Planning Area and, if feasible, should be detailed and carried out through the Specific Plan. open Space - This land use category applies to two different types of open space within the Green Valley Planning Area. Passive Open Space - This generally includes those portions of the area which encompass natural biological habitats, consisting of the following vegetation communities: southern maritime chaparral, Diegan coastal sage scrub, southern coastal salt marsh, southern riparian woodland, and southern riparian scrub. These vegetation communities generally cover lands in and surrounding Encinitas 11 >. -0 0 Creek along the eastern edge of the planning area, and the chaparral/scrub-covered slopes and bluffs along the western side of the area. The passive open space designation generally applies to these vegetation communities; to the habitat protection buffer areas which are required by the City's Local Coastal Program, by habitat management and preservation planning, and by other applicable local, state and federal regulations. It is expected that these open space lands will comprise approximately 200 gross acres. The intent of the passive open space category for these lands is to permanently preserve, where feasible, their appearance and their viability as biological habitat. Specific planning for this planning area, and subsequent development regulation and approval, will make every effort to set aside these lands as permanent open space. Every effort should also be made to provide linkage between the chaparral and riparian habitats for ecological purposes. Land uses allowed under passive open space include: - preservation of habitat, including habitat restoration and maintenance activities. - passive recreational opportunities allowed pursuant to applicable local, state and federal regulation, and as determined through environmental analysis under the California Environmental Quality Act to cause no 12 .. -0 0 significant negative environmental impact requiring mitigation. - necessary street improvements and utility systems, designed to reduce impacts to biological resources. Active ODen Sgace - Specific planning and development of the Green Valley Planning Area shall provide a minimum of 25 acres of active open space. More acreage may be available, depending on the allocations to other land use types, and may be devoted to this category. The development of the Green Valley Planning Area under this category may result in uses classified as ttactive/passive areas" under the Carlsbad Parks and Recreation Element, however, this category shall not be construed to be limited to public park use. The specific planning process will determine final active open space land uses. A range, and any combination of specific uses, is allowed to be considered under active open space. These uses include active recreational facilities; passive recreational facilities; community center facilities; the possible location site for a community library; and a small amphitheater. This category may also allow commercial agricultural (field crop) use, as compatible with other uses and as determined to avoid environmental impacts. As described above, the possible development and operation of a public cultural arts/festival center, interactive with commercial development and 13 .. -0 0 use, may be considered and developed through specific planning. In no case, however, shall the gross building floor area for commercial uses in the Green Valley Planning Area exceed 200,000 square feet. Detailed analyses of the availability of a site for, the community need for, and the availability of funding for a community festival center, agricultural and other active open space uses, will be provided as a part of the Specific Plan for the Green Valley Planning Area. For any selection of active open space uses, the following principles will be maintained: (a) a substantial majority of the active open space acreage shall be unpaved and without enclosed structures; and (b) no combination of uses will be chosen so that, together with other land uses planned for the Green Valley Planning Area, the capacity according to City standards of the planned access routes is exceeded. The location of active open space facilities will depend in part on the combination of such uses provided. Generally, there is an opportunity to provide active open space as a buffer and activity link between commercial and residential land uses in this planning area. More intensive active open space uses such as a festival arts center may be substantially integrated with a commercial center at the southern end of the area and close to points of access. During detailed specific planning, consideration of these locational opportunities will be given. Community Commercial - This category provides for a limited 14 -0 0 amount of retail commercial development and use, consistent with the General Plan description of the intent of Community Commercial facilities. Development in the Green Valley Planning Area under this category shall not exceed 200,000 square feet of gross building floor area on 20 gross acres, and may be less, depending upon the area devoted to other land use categories as determined through the specific planning process. In no case shall the gross building floor area for commercial uses under all the Green Valley Planning Area land use categories exceed 200,000 square feet. The development of community commercial is generally expected to be towards the south end of the planning area, banked to the east and west by the set-aside of passive open space, with immediate access to the preferred Calle Barcelona and Leucadia Boulevard street connection points. The specific placement and configuration of commercial development will be determined through detailed specific planning. Land uses allowed under the community commercial category shall be either as provided under standard City zoning which implements this land use category; or, as properly developed through the Specific Plan, may be custom-designed to realize the interactive commercial/open space concept described above. Commercial and residential uses accessing directly from La Costa Avenue and/or El Camino Real will be discouraged. 15 .. e Medium High Density Residential - The RMH category provides for the development of permanent residential dwelling units, at an intensity range of 8-15 dwellings per gross acre. The City's tlGrowth Control Point" of density for RMH is 11.5 dwellings per acre. The RMH category shall be applied to no more than 15 gross acres of the Green Valley Planning Area. With this assigned density range and acreage, residential development is generally expected to be "clustered", leaving more of the planning area available for community facilities, open space and other land uses. Specific planning for the Green Valley Planning Area should consider appropriate restrictions on the allowance of pets under RMH, based on environmental analysis, to preserve the ecological functions of nearby habitat. The location of residential development is generally expected to be northerly of the community commercial development in this area. This residential development should be buffered from, and may be linked to, the commercial uses by aspects of active open space facilities as described above. The specific types of housing units, their number and configuration, will be determined through detailed specific planning, and subsequent development processing. Housing development in this planning area will be consistent with provisions of the City's Housing Element and Inclusionary Ordinance, including, but not limited to, Housing Element Program Policy 3.7.h. Density increases for purposes of providing increased affordable housing opportunities, pursuant to adopted Housing 16 .a .e 0 Element programs, may be approved by a majority City Council vote. Street Access - The details of internal street circulation will be determined by the City Council through specific planning and subsequent subdivision and development processing. Due to natural resource protection goals and existing traffic problems, consideration should be given to external street connections for build-out of this area being limited to two access points: an extension of Calle Barcelona from El Camino Real westerly into the planning area; and a street connection southerly from the planning area, out to the future alignment of Leucadia Boulevard. Roadway access across the Encinitas Creek riparian corridor, should be appropriately bridged to preserve the fullest possible extent of the riparian corridor. Any bridges should provide vertical clearance from the elevation of the stream bed and adjacent shore, to provide an effective habitat link and assure connectivity and continuity along the riparian corridor. Support structures and abutments should be minimized to avoid or minimize intrusion into the vegetative habitat and the 100 year floodplain. Water Quality and Drainage - This planning area incorporates Encinitas Creek, an important biological and water quality resource, and is the immediate upstream entry point of Encinitas Creek into Batiquitos Lagoon. Both the lagoon and creek have regional, as well as local, environmental, community character, and 17 -e long-term economic significance. With the development of the Green Valley Planning Area, there is a need to control sedimentation/ erosion, drainage and urban pollution impacts created by development on biological resources and water quality. The construction of buildings and paved surfaces will increase rates of surface runoff, and introduce sedimentation and non-point source urban pollution into the environment. A drainage system should be developed in the specific planning process, and designed and built to mitigate erosion potential and control urban pollution. This system should include runoff detention, sedimentation and depollution devices. These devices should not be located within natural vegetation communities in the passive open space portion of the planning area. This system should generally ensure control of runoff rates and treatment to mitigate sedimentation and urban pollution prior to drainage entering Encinitas Creek and/or Batiquitos Lagoon. Surface drainage also enters the planning area from other upstream sources, for ultimate entry into the creek and lagoon. During specific planning, analysis should be given to this upstream drainage and how it should be dealt with through the planning area. This analysis should consider whether upstream drainage, with expected ultimate upstream land development, will constitute an urban pollution threat, and should also be treated within the planning area before entering the creek or lagoon. 18 -0 0 Area Lighting - With urban development, some amount of exterior lighting will be needed. In the specific planning and development of the Green Valley Planning Area, care should be taken to keep the level of exterior lighting to a minimum, to avoid unnecessary community and biological habitat impacts. The Specific Plan may exclude otherwise appropriate uses to avoid adverse lighting impacts upon biological resources or neighboring residents. Special consideration should be given to security lighting needs. Mixed Use Designation - Pending Specific Plan approval, all parcels in the Green Valley Planning Area will collectively continue to carry the mixed use designation of OS/C/RMH. SECTION THREE - IMPLEMENTATION A. Upon the effective date of this initiative, the amendments made in section two of this initiative are inserted into the Carlsbad General Plan as amendments thereof, except that, if the four amendments permitted by state law for any given calendar year have already been utilized in 1994 prior to the effective date of this initiative, the General Plan amendments shall be the first inserted into the Carlsbad General Plan on January 1, 1995. At such time as the General Plan amendments are inserted in the Carlsbad General Plan, any provisions of the Zoning Ordinance inconsistent with those amendments shall be unenforceable to the extent of such 19 ,- -0 e inconsistency. B. The Carlsbad General Plan in effect at the time the Notice of Intention to propose this initiative measure was submitted to the City Clerk, and that plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the Carlsbad General Plan remains an integrated, internally consistent and compatible statement of policies for the City, the General Plan provisions adopted by section two of this initiative shall prevail over any conflicting revisions to the General Plan adopted between May 25, 1994, and the date the amendments adopted by this initiative measure are inserted into the General Plan. C. This initiative measure shall not affect development projects which have received all discretionary approvals prior to May 25, 1994. For purposes of this paragraph, grading and building permits are not considered discretionary approvals. D. Projects receiving discretionary approvals between May 25, 1994 and the date of insertion of this measure (the "interim period") into the General Plan, shall not be affected except to the extent that they are dependent upon General Plan amendments adopted during the interim period which conflict with any provisions of this measure. 20 -0 * E. Under no circumstances will projects acquiring vested rights prior to the date of insertion be affected. F. Upon insertion of this measure into the General Plan, no grading or building permits shall be issued unless the projects are in full compliance with the provisions of this measure. SECTION FOUR - GENERAL PLAN CONSISTENCY The purpose of this initiative measure is to ensure the continuation of an internally consistent Carlsbad General Plan. This initiative measure preserves the central policies of the General Plan, perpetuating the internal consistency and policy direction of the Carlsbad General Plan while contemplating ongoing General Plan revisions and updates during the life of this initiative measure pursuant to state law. The General Plan may be reorganized and individual goals and policies may be renumbered or reordered in the course of updating, but the goals and policies reaffirmed, readopted, amended or added by this initiative measure shall continue to be included in the General Plan until the expiration, amendment or repeal of this measure. SECTION FIVE - SEVERABILITY The provisions of this initiative measure shall not apply to the extent that they violate federal or state laws. If any word, 21 4 -e e sentence, paragraph, subparagraph or section of this initiative is declared invalid by a court, the remaining terms and conditions are to be considered valid. SECTION SIX - AMENDMENT OR REPEAL This initiative may be amended or repealed only by the voters at a city election. SECTION SEVEN -- ORDINANCE CONSISTENCY The City Council will, if appropriate, enact ordinances to implement the provisions of this measure. Such ordinances will ensure consistent city-wide implementation and enforcement of the provisions of this measure in conformity with its requirements and objectives and may include the adoption of definitions for terms used in this measure, so long as those definitions are consistent with the purpose and intent of this measure. May 25, 1994 d\ccrp\Irflffic.pln 22 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2067 @ Printed on recycled paper CASH REGISTER e 0 May 10, 1994 TO: RON BALL, CITY ATTORNEY FROM: City Clerk REQUEST FOR BALLOT TITLE AND SUMMARY - GREEN VALLEY INITIATNE Yesterday at 5:OO p.m., a Notice of Intent to circulate an initiative and a request for a ballot title and summary was filed in the City Clerk’s Office. Therefore, in accordance with Section 4002.5 of the California Election’s Code, I have attached a copy of the proposed measure for your use in preparing the ballot title and summary. For your information, I have also attached a copy of the Notice of Intent which was filed. The Election’s Code states that the City Attorney shall provide and return to the city clerk a ballot title and summary of the proposed measure within 15 days after the proposed measure was filed. Therefore, please provide me with a ballot title and summary by 5:OO p.m. on Tuesday, May 24, 1994. Thanks for your assistance, and please call me with any questions. 24- LEE RAUTENKRANZ I City Clerk lr attachments (2) 4 * (Lg &ila*j e Q. / J&Lz2fL- \ &+ c.t%iik 2& May 9, 1994 Mr. Lee Rautenkranz City of Carlsbad Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Request for Ballot Title and Summary Dear Mr. Rautenkranz: Pursuant to California Elections Code section 4002.5, formal request is hereby made that a ballot title and summary be prepared for the Green Valley Park, Open Space and Traffic Control Initiative of 1994, dated May 9, 1994. Pursuant to Section 4002-5, a copy of the proposed measure is to be immediately transmitted to the City Attorney. Within 15 days after the filing of this measure, the City Attorney is to provide and return to the City Clerk a ballot title for and summary of the proposed measure. Please find enclosed the Notice of Intent to Circulate as well as the text of the initiative. Thank you for your courtesy and cooperation in these matters. Sincerely, f* Frederic \ H. /up Barge dy 2011 Escencio Terrace Carlsbad, CA 92009 &3a-$695 FHB/km Enclosures crt\\ccrp\l-title.sum 7 T * 0 0 THE GREEN VALLEY PARK, OPEN SPACE AND TRAFFIC CONTROL INITIATIVE OF 1994 NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given by the persons whose names appear hereon of their intention to circulate the Petition within the City of Carlsbad for the purpose of amending the Carlsbad General Plan to (1) protect existing wildlife habitat and open space, including Encinitas Creek and Batiquitos Lagoon, from over-development; (2) maximize opportunities for park land creation; (3) provide for a proper balance of public and private uses in the Green Valley area, by limiting community commercial development to no more than 20 acres; residential development to no more than 15 acres and ensuring that at least 25 acres of land will be set aside for active or passive open public use; (4) encourage continuing use of the Green Valley area in a fashion that is compatible with existing community character and resources; (5) prevent excessive and unmanageable traffic increases in the area; and (6) require careful site planning in Green Valley to better protect the public safety and security. A statement of the reasons of the proposed action as contemplated in the Petition is as follows: The Hunt Brothers of Texas have proposed a massive 600,000 square foot regional commercial retail center and residential development for the Green Valley. Green Valley is a beautiful north-south corridor adjacent to Batiquitos Lagoon, bordered to the west by picturesque hillsides and bluffs covered with rare maritime chaparral; and to the east by lush riparian habitat surrounding 1 1 e 0 Encinitas Creek, a prime tributary to Batiquitos Lagoon. The area is the home to endangered and threatened bird and plant species and is recognized by scientists as having some of the highest habitat values in the entire County of San Diego. South of the proposed Green Valley project, the Ecke family in Encinitas is moving forward with a plan to build over 650,000 square feet of regional commercial shopping centers and over 1,200 residential units. Together, the two developments promise to bring well over 100,000 new car trips each day into and near the southern boundaries of Carlsbad. Traffic projections for the southern Carlsbad area, as a result of the project and others planned for the area, promise near traffic gridlock for intersections like La Costa Avenue and El Camino Real in the near future. The huge traffic increases will exacerbate existing traffic safety problems for children attending schools in the area and for elderly pedestrians. Economic studies show that consumer demand in the area cannot support over 1.2 million regional commercial square feet. Accordingly, developer promises of significant, new tax revenues to the City are greatly overstated. The paving over and development of over 80 acres of prime agricultural land and open space in Green Valley will permanently 2 " .% * 0 destroy and degrade irreplaceable biological resources and eliminate lands best suited for continued agricultural use and active open space. Over development will also threaten ground water quality and quantities as well as water quality in Encinitas Creek and in Batiquitos Lagoon. Herewith submitted is the complete text of the initiative. May 9, 1994 May 9, 1994 2011 Escencio Terrace May 9, 1994 c4\cCrpU-hIaIt.not 3 J. Il;iLc;y -,tJc/ * "iU& 4- 4 1) 'T .4 - w . To the Honorable Clerk of the City of Carlsbad: We, the undersigned, registered qualified voters of the City of Carlsbad, County of San Diego, hereby propose an initiative measure to amend the Carlsbad General Plan. We petition you to submit the same to the City Council of the City of Carlsbad for its adoption without change, or for rejection and immediate submission of the measure to a vote of the people at a special election or, consistent with the provisions of Government Code Section 4020, set the vote for the November 1994 general election. THE GREEN VALLEY PARK, OPEN SPACE AND TRAFFIC CONTROL INITIATIVE OF 1994 The Peopls of the City of Carlsbad Do Hereby Ordain As Follows : SECTION ONE - PURPOSE AND FINDINGS A. PURPOSE OF INITIATIVE This measure is intended to stop massive over-development of the Green Valley area and to prevent serious traffic congestion, school over-crowding, neighborhood security and safety problems and the loss of prime agricultural lands. 1 0 0 *w ,4 ’ c The measure is intended to prevent the permanent destruction and degradation of critical wildlife habitat, natural resources and open space in the Green Valley area, which is, in substantial part, best suited for regional park use. The measure is further intended to insure that the owners of Green Valley properties are allowed reasonable and balanced use of their land in the form of community-oriented commercial development and/or properly scaled and clustered residential development. B. FINDINGS 1. Excessive DeveloDment. The Hunt Brothers of Texas have proposed a massive 600,000 square foot regional commercial retail center and residential development for the Green Valley. Green Valley is a beautiful north-south corridor adjacent to Batiquitos Lagoon, bordered to the west by picturesque hillsides and bluffs coveredwith rare maritime chaparral; and to the east by lush riparian habitat surrounding Encinitas Creek, a prime tributary to Batiquitos Lagoon. The area is the home to several endangered and threatened bird and plant species and is recognized by scientists as having some of the highest habitat values in the entire County of San Diego. South of the proposed Green Valley project, the Ecke family in 2 0 e *w .a % - . Encinitas is moving forward with a proposal to build over 650,000 square feet of regional commercial shopping centers and over 1,200 residential units. 2. Traffic Conaestion. Together, the two developments promise to bring well over 100,000 new car trips each day into and near the southern boundaries of Carlsbad. Traffic projections for the southern Carlsbad area, as a result of the projects and others planned for the area, promise near traffic gridlock for intersections like La Costa Avenue and El Camino Real in the near future. The huge traffic increases will exacerbate existing traffic safety problems for children attending schools in the area and for elderly pedestrians. 3. Health, Safetv and Welfare. Public health, safety and welfare suffer from intensive urban development and ever-increasing traffic congestion. The burdens of excessive traffic include, but are not limited to: loss of productivity by citizens sitting in traffic jams; loss 3 0 e *-+ .* ' - of prospective shoppers in our business districts which are heavily congested; decreased property values; increased air pollution; and overall degradation of our quality of life. 4. Speculative Tax Benefits. Economic studies show that consumer demand in the area cannot support over 1.2 million regional commercial square feet. Accordingly, developer promises of significant, new tax revenues to the City are greatly overstated and infrastructure impacts greatly understated. Citizens find that responsible planning requires that the city limit the type and amount of commercial uses to those which conceivably could be supported by the trade area, and to those which are consistent and compatable with the prime concept and image of the community as a desirable residential, open space community. 5. Asricultural Lands and Open Space. The paving over and development of nearly 90 acres of prime agricultural land and open space in Green Valley will permanently destroy and degrade irreplaceable biological resources and eliminate lands best suited for continued agricultural use and open space. 4 0 e -4 .c L - - The Green Valley area has been successfully farmed for decades, and is part of an ever-shrinking agricultural base of the City of Carlsbad and San Diego County. The area has also been identified by planning experts as presenting one of the last and best opportunities for the creation of a true coastal regional park in North San Diego County. The biological resources of Green Valley, its natural beauty and its symbiotic relationship with Batiquitos Lagoon make Green Valley the highest priority for preservation and responsible long term planning. Over development will threaten the quality and quantity of ground water, Encinitas Creek and Batiquitos Lagoon. 6. Crime and Neishborhood Security. The placement of residential development adjacent to massive commercial centers, all partially shielded from El Camino Real by riparian trees and vegetation along Encinitas Creek, promises to create an open invitation to gang and criminal activities in an area which will be substantially separated and hidden from view after dark, during regular business hours. Recent gang related activities at the Carlsbad shopping centers near Highway 78 are an example of poorly located regional commercial centers attracting the criminal element. 5 - .- * 0 e . Care must be taken in properly designing and siting development in Green Valley to avoid attributing undesirable loitering and gatherings after dark. 7. Housinq. This initiative measure is consistent with the City's General Plan Housing Element. It allows the development of moderate to high density dwelling units in a number reasonably balanced with other competing needs, constraints and uses for the area. 8. General Plan Intesritv. The Carlsbad General Plan is the land use llconstitutionfl for future development in the City of Carlsbad. This initiative measure is consistent with the General Plan in allowing reasonable economic use of the properties which will generate tax revenue for the City from sales from commercial developments, and at the same time protect irreplaceable natural resources and create additional open space and park opportunities for the citizens of Carlsbad and the region. Accordingly, the citizens of Carlsbad find that Green Valley should be planned to avoid over-development; to keep traffic impacts to manageable levels; to avoid school over-crowding and other excessive infrastructure impacts; to avoid over building for 6 .- ' @ 0 . the area's consumer market; to site and cluster development so as to deter crime and maximize open space and habitat connections; to encourage continued agricultural uses; and to provide sufficient protection for irreplaceable natural resources. SECTION TWO - GENERAL PLAN AMENDMENTS The Land Use Element of the Carlsbad General Plan, adopted October 15, 1974, as amended throughMay 8, 1994, is hereby amended as follows. New paragraph (h) is hereby added to paragraph 14, nnSpecial Treatment Areanm, of Section C, lnClassificationnn, of Chapter IV, "The Plannu, of the Land Use Element, to read as follows: "(h) The Green Valley Planning Area." The General Plan Land Use Map, as it appears in the Carlsbad General Plan, is hereby amended for the subject area to: Delete the combination C/O/= land use designation, and replace it with a combination OS/C/RMH land use designation and the Special Treatment Area designation. Land Use Element Map Figure 1, "Prime Open Space and Conservation Areas", page 21 of the Land Use Element is amended to: 7 0 0 - be * - 1 Add open space resource designations within the Green Valley Planning Area on the subject map to correspond to the open space and conservation resources shown forthe GreenValley Planning Area on Exhibit B, "Open Space and Conservation Maptt, and Exhibit C, llComprehensive Open Space Network Mapv1, of the Open Space and Conservation Element of the Carlsbad General Plan. New paragraph 8 and related provisions are hereby added to Section J, uuSpecial Treatment Area Guidelines", of Chapter V, "Land Use Guidelines", of the Land Use Element, to read as follows: A Specific Plan shall be prepared for the Green Valley Planning Area. This area shall include the following specified lands : Those parcels identified by the San Diego County Assessor's Office, 1993, as Assessor's Parcel Nos. 216- 122-24, 36, 37; 255-011-08, 09, 10 and 12; 255-021-05 through 08; 255-011-05 and 255-011-13 and 14. The Specific Plan provisions established below are based on the expectation of private development and use of land within this area, subject to the requirements for set-aside of open space. Should there be an opportunity for expanded land acquisition, however, nothing in these provisions shall exclude such expanded or exclusive acquisition of land in Green Valley for public purposes. 8 - .-- . e * * t With the exception of permits or approvals which may be required for: (a) the continuation of existing, legally-established uses; (b) field cultivation of agricultural or horticultural crops on lands outside of the open space vegetation communities and required buffers described below; or (c) necessary street or utility improvements required for purposes other than new development within this planning area, no land use or development approval or permit (or grading permit) shall be approved or authorized by the City for land within the Green Valley Planning Area until a specific plan is adopted by the City and is effective for the entirety of this planning area. The Green Valley specific plan shall be consistent with, and serve to implement, each of the following provisions, as well as applicable provisions of all elements of the Carlsbad General Plan. General Provisions - Green Valley is designated as a Special Treatment Area, subject to a specific plan. As such, the land use designation for Green Valley is a combined OS (Open Space), C (Community Commercial), and RMH (Medium High Density Residential) designation. The exact location and boundaries of each land use category, and of zoning designations which shall implement them, shall be determined through the required specific plan, consistent with the prescriptions below. Outside of the envelope of passive open space lands, intensity of development and land use shall generally be concentrated toward the southern end of the planning area, close to points of access and adjacent urban land uses. 9 * 1- * e C This general planning concept for Green Valley envisions a carefully planned, integrated and interactive set of land uses, which take advantage of the beauty of their setting. Residential use should be buffered from, but can also be linked with, the community commercial use through the choice and site design of active open space and park facilities. Layout and site design of all uses should ensure their positive, functional interaction. The Green Valley Planning Area also offers the opportunity to realize a unique blend of commercial and open space land uses. As opposed to the stereotypical community shopping center and traditional public park facilities, commercial and active open space development in this area may be aimed at realization of a ttfestival center". This festival center could include such elements as a small festival grounds for art, craft and cultural arts celebrations and commercial sales and, recalling Green Valley's agricultural heritage, public gardening plots and even commercial agricultural field growing. Elements of this concept would be provided in the active open space land use category, and interactive and supportive elements in the private commercial contingent of land use. The possibility of such an interactive commercial/community concept shall be addressed in specific planning for Green Valley, and if feasible, shall be detailed and carried out through the specific plan. Open Space - This land use category applies to two different 10 .? 1- * e e I types of open space within the Green Valley Planning Area. Passive Open Space - This includes those portions of the area which encompass natural biological habitats, consisting of the following vegetation communities: southern maritime chaparral, Diegan coastal sage scrub, southern coastal salt marsh, southern riparian woodland, and southern riparian scrub. These vegetation communities generally cover lands in and surrounding Enchitas Creek along the eastern edge of the planning area, and the chaparral/scrub-covered slopes and bluffs along the western side of the area. The passive open space designation applies to these vegetation communities; habitat protection buffer areas which are required under the City's Local Coastal Program, habitat management and preservation planning, and other applicable local, state and federal regulations; and all lands between the street rights-of-way of El Camino Real and La Costa Avenue and the closest adjacent vegetative communities. It is expected that these open space lands will comprise approximately 200 gross acres. The intent of the passive open space category for these lands is to permanently preserve their visual amenity and to help ensure the preservation and maintenance of functional biological habitat. Specific planning for this planning area, and subsequent development regulation and approval, shall set aside these lands as permanent open space. The effort shall also be made to provide linkage between the chaparral and riparian habitats for ecological 11 - .- * * * n functioning. Land uses allowed under passive open space shall be restricted to: - preservation of habitat, including habitat restoration and maintenance activities. - passive recreational opportunities allowed pursuant to applicable local, state and federal regulation, and as determined through environmental analysis under the California Environmental Quality Act to cause no significant negative environmental impact requiring mitigation. - necessary street improvements and utility systems, designed to reduce impacts to biological resources as far as feasible. Active Open Space - Specific planning and development of Green Valley shall provide a minimum of 25 acres of active open space. More acreage may be available, depending on the allocations to other land use types, and may be devoted to this category. The development of Green Valley under this category may result in uses classified as l!active/passive areas" under the Carlsbad Parks and Recreation Element; however, this category shall not be construed to be limited to public park use. The specific planning process shall determine final active open space land uses. 12 - .- . e 0 a A range and any combination of specific uses is allowed to be considered under active open space. These include active recreational facilities; passive recreational facilities; community center facilities; the possible location site for a community library; tlcommunity garden” plots for non-commercial, citizen gardening; and a small amphitheater. This category may also allow commercial agricultural (field crop) use, as compatible with other uses and determined to avoid environmental impacts. As described above, the possible development and operation of a public cultural arts/festival center, interactive with commercial development and use, may be considered and developed through specific planning. In no case, however, shall the gross building floor area for commercial uses under all Green Valley land use categories exceed 200,000 square feet. Detailed analyses of the availability of site area for, the community need for, and available funding for community festival center, agricultural and other active open space uses shall be provided as a part of the Specific Plan for Green Valley. For any selection of active open space uses, the following principles shall be maintained: (a) A substantial majority of the active open space acreage shall be unpaved and without enclosed structures; and (b) no combination of uses shall be chosen so that, together with other land uses planned for Green Valley, the capacity according to City standards of the two planned access routes (below) will be exceeded. The location of active open space facilities will depend in 13 -. a 0 . part on the combination of such uses provided. Generally, there is an opportunity to provide active open space as a buffer and activity link between commercial and residential land uses in this planning area. More intensive active open space uses such as a festival arts center may be substantially integrated with a commercial center at the southern end of the area and close to points of access. During detailed specific planning, consideration of these locational opportunities shall be given. Community Commercial - This category provides for a limited amount of retail commercial development and use, consistent with the General Plan description of the intent of Community Commercial facilities. Development in Green Valley under this category shall not exceed 200,000 square feet of gross building floor area on 20 gross acres, and may be less, depending upon the area devoted to other land use categories as determined through the specific planning process. In no case shall the gross building floor area for commercial uses under all Green Valley land use categories exceed 200,000 square feet. The location of lands under the community commercial category is to be toward the south end of the planning area, banked to the east and west by the set-aside of passive open space, with immediate access to the Calle Barcelona and Leucadia Boulevard street connection points. The specific placement and configuration of commercial development shall be determined through detailed 14 .- * e 0 1 specific planning. Land uses allowed under the community commercial category shall be either as provided under standard City zoning which implements this land use category; or, as developed through the Specific Plan, may be custom-designed to realize the interactive commercial/open space concept described above. Medium High Density Residential - The RMH category provides for the development of permanent residential dwelling units, at an intensity range of 8-15 dwellings per gross acre. The City's IIGrowth Control Pointll of density for RMH is 11.5 dwellings per acre. The RMH category shall be applied to no more than 15 gross acres of the Green Valley Planning Area. With this assigned density range and acreage, residential development is expected to be llclusteredll, leaving more of the planning area available for community facilities, open space and other land uses. Specific planning for Green Valley shall consider appropriate restrictions on the allowance of pets under RMH, based on environmental analysis, to preserve the ecological functions of nearby vegetative habitat areas. The location of residential development is generally expected to be northerly of the community commercial development in this area. This residential development should be buffered from, andmay be linked to the commercial uses by aspects of active open space facilities as described above. The specific types of housing units, their number and configuration shall be determined through detailed 15 -. * 0 . . specific planning, and subsequent development processing. Housing development in this planning area shall be consistent with provisions of the City's Housing Element and Inclusionary Ordinance, including, but not limited to, Housing Element Program Policy 3.7.h. Density increases for purposes of providing increased affordable housing opportunities, pursuant to adopted Housing Element programs, may be approved by a majority City Council vote. Street Access - The details of internal street circulation shall be determined through specific planning and subsequent subdivision and development processing. External street connections for build-out of this area are planned to ultimately include, and be limited to, two access points: An extension of Calle Barcelona from El Camino Real westerly into the planning area; and a street connection southerly from the planning area out to the future alignment of Leucadia Boulevard. The Calle Barcelona access shall be developed as a true bridge spanning the Encinitas Creek riparian corridor, as opposed to a box culvert or concrete arch structure. This bridge shall provide vertical clearance from the elevation of the stream bed and adjacent shore, so as to provide an effective habitat link and assure connectivity and continuity along the riparian corridor. Support structures and abutments shall be minimized so as to avoid or minimize intrusion into the vegetative habitat and the 100 year floodplain. 16 .- - . e 0 I The availability of a street connection to Leucadia Boulevard is subject to intergovernmental cooperation and coordination between the City of Carlsbad and other jurisdictions. The timing of a connection cannot be assured. Leucadia Boulevard west from El Camino Real is currently within County of San Diego territory, and is subject to the planning jurisdiction of the City of Enchitas. The Encinitas General Plan requires an extension of Leucadia Boulevard west from El Camino Real, opposite existing Olivenhain Road. The Encinitas Plan also requires a cross-street through this Leucadia Boulevard extension to enter into Carlsbad's Green Valley, as a continuation of Via Cantebria in Enchitas. Specific planning is now being pursued in Encinitas which will establish further details of the timing and exact alignments of the Leucadia Boulevard/Via Cantebria extensions. If the Encinitas Leucadia Boulevard extension from El Camino Real is improved at the time of any development in the Carlsbad Green Valley Planning Area, the street connection to Leucadia Boulevard shall be constructed. If Leucadia Boulevard is not yet improved, the planning area development shall guarantee the street connection through improvement guarantees and other applicable means, so that the connection will be made when Leucadia Boulevard is improved. The alignment of the street connection to Leucadia Boulevard shall be located so that encroachment into and impacts on wetland or chaparral/sage scrub habitats are avoided. Water Quality and Drainage - This planning area incorporates 17 .I . ' e 0 m Encinitas Creek, an important biological and water quality resource, and is the immediate upstream entry point of Encinitas Creek into Batiquitos Lagoon. Both the lagoon and creek have regional, as well as local, environmental, community character, and long-term economic significance. With the development of Green Valley, there is a need to control sedimentation/erosion, drainage and urban pollution impacts created by development on biological resources and water quality. The construction of buildings and paved surfaces will increase rates of surface runoff, and introduce sedimentation and non-point source urban pollution into the environment. A drainage system shall be anticipated in area specific planning, and designed and built with site development to mitigate erosion potential and control urban pollution. This system shall include runoff detention, sedimentation and depollution devices. These devices shall not be located within natural vegetation communities in the passive open space portion of the planning area. This system shall ensure control of runoff rates and treatment to mitigate sedimentation and urban pollution prior to drainage entering Encinitas Creek and/or Batiquitos Lagoon. Surface drainage also enters the planning area from other upstream sources, for ultimate entry into the creek and lagoon. During specific planning, analysis shall be given to this upstream drainage and how it should be dealt with through the planning area. 18 L .- - 0 0 . 1 This analysis shall consider whether upstream drainage, with expected ultimate upstream land development, will constitute an urban pollution threat, and should also be treated within the planning area before entering the creek or lagoon. Scenic Highway/Corridor - The Green Valley Specific Plan shall include provisions to implement the scenic highway and/or corridor designation of El Camino Real pursuant to the Carlsbad Scenic Highways Element. Area Lighting - It is recognized that with urban development, some amount of exterior lighting will be needed. In the specific planning and development of Green Valley, care shall be taken to keep the level of exterior lighting to a minimum, to avoid unnecessary cornunity and biological habitat impacts. The Specific Plan shall consider the lighting needs of various land uses under each land use category, and use may be excluded from allowance in order to avoid lighting impacts. SECTION THREE - IMPLEMENTATION A. Upon the effective date of this initiative, the amendments made in section two of this initiative are inserted into the Carlsbad General Plan as amendments thereof, except that, if the four amendments permitted by state law for any given calendar year have already been utilized in 1994 prior to the effective date 19 - e 0 I. 1- r L of this initiative, the General Plan amendments shall be the first inserted into the Carlsbad General Plan on January 1, 1995. At such time as the General Plan amendments are inserted in the Carlsbad General Plan, any provisions of the Zoning Ordinance inconsistent with those amendments shall be unenforceable to the extent of such inconsistency. B. The Carlsbad General Plan in effect at the time the Notice of Intention to propose this initiative measure was submitted to the City Clerk, and that plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the Carlsbad General Plan remains an integrated, internally consistent and compatible statement of policies for the City, the General Plan provisions adopted by section two of this initiative shall prevail over any conflicting revisions to the General Plan adopted between May 8, 1994, and the date the amendments adopted by this initiative measure are inserted into the General Plan. C. This initiative measure shall not affect development projects which have received all discretionary approvals prior to May 8, 1994. For purposes of this paragraph, grading and building permits are not considered discretionary approvals. D. Projects receiving discretionary approvals between May 8, 1994 and the date of insertion of this measure (the "interim 20 - r *- - e 0 f . periodrr) into the General Plan, shall not be affected except to the extent that they are dependent upon General Plan amendments adopted during the interim period which conflict with any provisions of this measure. E. Under no circumstances will projects acquiring vested rights prior to the date of insertion be affected. F. Upon insertion of this measure into the General Plan, no grading or building permits shall be issued unless the projects are in full compliance with the provisions of this measure. SECTION FOUR - GENERAL PLAN CONSISTENCY The purpose of this initiative measure is to ensure the continuation of an internally consistent Carlsbad General Plan, with primary policies of protecting the health, safety and welfare of our citizens; preserving our quality of life and protecting our community's economic health through responsible traffic planning. This initiative measure preserves this central policy, perpetuating the internal consistency and policy direction of the Carlsbad General Plan while contemplating ongoing General Plan revisions and updates during the life of this initiative measure pursuant to state law. The General Plan may be reorganized and individual goals and policies may be renumbered or reordered in the course of updating, butthe goals and policies reaffirmed, readopted, amended 21 I, t . e s F a or added by this initiative measure shall continue to be included in the General Plan until the expiration, amendment or repeal of this measure. SECTION FIVE - SEVERABILITY The provisions of this initiative measure shall not apply to the extent that they violate state or federal laws. If any word, sentence, paragraph, subparagraph or section of this initiative is declared invalid by a court, the remaining terms and conditions are to be considered valid. SECTION SIX - AMENDMENT OR REPEAL This initiative may be amended or repealed only by the voters at a city election. SECTION SEVEN -- ORDINANCE CONSISTENCY The City Council shall enact ordinances to implement the provisions of this measure within one hundred and twenty (120) days of its enactment by the voters or adoption by the City Council, whichever occurs first. Such ordinances shall ensure consistent city-wide implementation and enforcement of the provisions of this measure in conformity with its requirements and objectives and may include the adoption of definitions for terms used in this measure, so long as those definitions are consistent with the purpose and 22 * 0 e 4. ’ F i( * intent of this measure. May 9, 1994 c4\ccrp\tr&c.pln 23