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HomeMy WebLinkAbout1995-01-17; City Council; 12987; Green Valley Initiative PetitionnagementAB# u, wn MTG. /-/?-<? 5" DEPT. CLK RECOMMENDED GIF ' OF CARLSBAD TITLE: — AGEN A BILL ft (£J GREEN VALLEY INITIATIVE PETITION ACTION: DEPT. HD. Lp CITY MGreSjfi 01 43 o isoCO t-l 4J Oo B ca•H cOI CO 43 M•U P-i (3 .HO 03S-ico at >•> (3CO 01 T3 U o curo 434-1C3 •H 43 43 4J 4J >H 4-1 aM a0 01a. 4-101 co V-l -H CO cd (3o43 O 4-1 •H ^ IS 4JoC cd 3 &4J -HO) cd0 o4-> CO •Hi| i n i , 4-4 COnj so 014-> a 3 CO -i-l COT3 COT3 3 -H01 rH 4-1 O TH O (3 cd 0) -H 60M 01•H 01 rH 13 > •H 13 rH 4-1 (3•H cd cd O -H (3 4J (3 3 -H cdO e rH O -H PL, o oo By minute motion, acknowledge receipt of the City Clerk's certification of the Green Valley Initiative Petition; and select one of the alternatives explained below and take the action corresponding with that alternative. ITEM EXPLANATION; The initiative process was begun in the city when some citizens filed their Notice of Intention for The Green Valley Park, Open Space and Traffic Control Initiative of 1994. In accordance with the provisions of the Election's Code, the deadline for filing the petition with the City Clerk was Wednesday, November 23,1994. The petition was circulated and filed with the City Clerk on Monday, November 21, 1994. The petition was then transmitted to the Registrar of Voters Office for verification of signatures. The Registrar of Voters personnel, as instructed, examined the petition according to Section 3708 of the California Elections Code. As a result of the signature verification process, the petition is certified as sufficient. Options now available to the City Council (in accordance with provisions of the Elections Code) are as follows: Alternative No. 1 Section 4009.5 of the Elections Code provides that the Council may request a report on the effect of the proposed initiative on any or all of the following: (1) It's fiscal impact. (2) It's effect on the internal consistency of the City's General Plan and Specific Plans including the Housing Element, the consistency between planning and zoning, the limitations on city actions under Section 65008 of the Government Code, Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (Those sections of the Government Code refer to discrimination in land use on the basis of race, sex, color, religion, etc.; encouragement of affordable housing development approvals; and density bonuses and other incentives for housing development.) (3) Any other matters the council requests to be in the report. Page 2 of AB # The Elections Code states that the report shall be presented to the legislative body no later than 30 days after the Clerk certifies the sufficiency of the petition to the legislative body. Therefore, if Council requests a report, the report must be presented to Council no later than February 16, 1995. If Council chooses this alternative, the action would be to direct staff to prepare a report, and give direction to staff concerning the issues to be addressed in the report. Alternative No. 2 Section 4011 of the Elections Code provides that the Ordinance may be passed without change by the legislative body. If Council chooses this alternative, the action would be to direct staff to place the ordinance on the next available agenda for Council action. Alternative No. 3 Section 4011 of the Elections Code also states that if neither Alternative 1 or Alternative 2 is selected, and if the Ordinance is not submitted at a special election, then the Ordinance shall be submitted to the voters at the next regular municipal election. If Council selects this alternative, the action would be to direct staff to place the Ordinance on the ballot for the next regular municipal election, which will occur on November 5, 1996. FISCAL IMPACT; The next known election in the City of Carlsbad will be the Primary, which will occur in March, 1996 (rather than June). If Council would determine to call a special election and place the Ordinance on the ballot for the March, 1996 election, the election cost is estimated at $15,000. To place the Ordinance on the ballot of the November 5, 1996 General Municipal Election will add an estimated additional $5,000 to the cost of that election. EXHIBIT; 1. Copy of letter dated December 2, 1994, from the Registrar of Voters Office, certifying the Green Valley Initiative Petition. CONNY B. McCORMACK REGISTRAR OF VOTERS MIKEL D.HAAS ASSISTANT REGISTRAR (Exmntg REGISTRAR OF VOTERS 5201 RUFFIN ROAD, SUITE I, SAN DIEGO, CAUFORNIA 92123-1693 OFFICE: (619) 565-5800 (619)694-3400 TDD: (619)694-3441 FAX: (619)694-2955 Location Code: S50 MaB Stop: 034 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 that there are 38,917 registered voters residing within the City of Carlsbad. A 500 random sampling was conducted and the statistical sampling shows that the valid signatures fell above the 110% of the number of signatures needed to qualify the petition. Therefore, the petition has been found sufficient. (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 38r917 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 CAESAR C. BOLCHINI VOTER SERVICES CBM:CCB:jc CARLSBAD PARTNERS, LTD. 2364 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 214/979-9072 - 214/754-9016 Fax January 13,1995 The Honorable Bud Lewis Mayor, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Hearine of January 17.1995: Green Vallev Master Plan Initiative Dear Mayor Lewis: We strongly urge that the Council not adopt the ordinance proposed by the supporters of the initiative. Prior to taking any action on the ordinance, even to put it on the ballot, we believe that you should ask for a thorough report and analysis by your staff. Among other things, such report should carefully consider the impact upon Carlsbad, including the existing Growth Management Plan, of the proposal if it succeeded in the election. Further, we suggest that specific consideration be given to various legal issues raised by the substance of the initiative, and the form in which it is presented. Without limitation, we have serious concerns about whether the "supremacy clause" provisions as set forth in the ordinance proposed by the initiative could withstand legal challenge. Separate and apart from the legal concerns, we believe that the initiative is seriously flawed. The proponents seem to champion it as somehow plugging a hole in the existing Carlsbad General Plan. In fact, it appears to be precisely the reverse. The Carlsbad General Plan, and the Growth Management Plan, as they now exist in Carlsbad are the result of carefully considered action by a series of City Councils, and the integrity of those plans has been vigorously defended by the City. Those existing plans have struck a carefully considered and well reasoned balance of various interests across the community as a whole, including without limitation the location of such things as open space and needed infrastructure. This initiative represents a very localized effort by a small but vocal group of citizens (and some non-citizens too), who would like to re-adjust that balance to suit their own special interest and purposes. Further, many of the purported "findings" stated in the initiative are completely without any factual foundation. The initiative process in California and its many geographical subdivisions has been subject to much criticism in recent years, for the over-abundance of its use. In particular, attempts to accomplish zoning by "ballot box" have justifiably been criticized as a misuse of the initiative process. That is particularly true where, as in Carlsbad, there already exists a well considered General Plan and Growth Management Plan. We ask that you take the time to request and obtain all needed information prior to considering any action on the initiative proposal. Further, we most urgently suggest that you do not adopt the ordinance yourself by action of the City Council. As always, Carlsbad Partners intends to continue working with the City in good faith through the duly established land review process. Sincerely, Allen D. Farris, for Carlsbad Partners Ltd. CC/GV Carlsbad Citizens/ Green Valley 7720B El Camino Real Ste 282 Carlsbad CA 92009 Januaary 17, 1995 To the Mayor and City Council City of Carlsbad 1200 E. Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor and Council: Carlsbad Citizens/Green Valley exists to assure adoption of the Green Valley Initiative signed by more than 5000 Carlsbad voters whose interests we represent. The Initiative was certified for placement on the ballot at the next regular Carlsbad election. The Initiative is in keeping with California state law and the First Amendment right of petition of the United States Constitution. The Green Valley Initiative is the only proposed plan for the area that is currently before the Council. We urge its adoption in keeping with the wishes of more then 13% of the voters. This rep- resentation of public opinion goes far beyond any public input on Green Valley presented to date t e. The Initiative (copy appended) is a thorough and well-organized plan for development of the area, crafted by experts in city planning. It allows a generous return on investment for owners and developers, an increase in the city's tax base, moderately priced housing, and community commercial growth. The Initiative avoid excessive traffic, increased crime and policing, and provides parks, recreation, open space which are desired by the citizens and are the hallmark of Carlsbad's charm. This is not a 'Save-the-ecology-for-the-birds' program nor an emotional 'stop-the-developers' plan. It is a comprehensive, balanced response to the legitimate aspirations of all parties and the future of Green Valley. Please consider it in this context, examine it carefully, and adopt it for the betterment of Carlsbad. Sincerely, Frederick H. Barge Chairman of the Board Carlsbad Citizens/Green Valley -++ CITY OF CARLSBAD El 001 01/16/95 14:51 PostJH brand fax transmitted memo 76^.£of pages* ' January 16,1995 Honorable City-Council Members • RE: GREEN VALLEY AGENDA ITEM, MEETING OF 1/17/95 The City Issues Committee of the Carlsbad Chamber of Commerce has reviewed the agenda item concerning an initiative for Green Valley. Our recommendation is as follows: We urge you to submit this issue to staff for review and study. At this time many things are unclear, and more information may help the situation. If you have not heard from the developer regarding this project, how do we know what would cause concern and what alternatives may exist? Our committee meets regularly to discuss agenda items, In this instance we are concerned about the erosion o f the Growth Management Plan by voter initiatives. We don't like ballot box land use decisions. The initiative land use alternative has not been analyzed through the EIR process. Where does this leave the applicant for the next two years? What affect will the initiative alternative have on the city's ability to provide public services? There may be legal ramifications for the city. As always there are many steps in the permit process which could include a public hearing. Public input should be sought for these important steps. Our comments are on the process of this agenda item, not on the project itself. Should you have any further questions, please call of Executive Vice-President Lee Bohlmann, CCE. Sincerely, HOPE WRISLEY, PRESIDENT, 1995 5411 Avenida Encinas, Suite 100 * P.O. Box 1605 • Carlsbad, California 92008 (619) 931-8400 • Fax (619) 931-9153 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure. The Green Valley Balanced Use and Traffic Control Initiative of 1994. 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 0egally 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) amends the appropriate land use maps; and 4) establish a special treatment area. 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 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 docs not affect development projects that have received aU 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 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 IS 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 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 aad elimii'iatc lands best suiiui for ujritinueu 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. May25. 1994 InezYoder May 25,1994 Frederick H. Barge May 25,1994 RichardBames 7738 Madrilena Way 2011 Escencio Terrace 7623 Rustico Drive Carlsbad, CA 92009 Carlsbad, CA 92009 Carlsbad, CA 92009 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 Page 1 of 23 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 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 VAI.T.FY 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 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. R 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 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 Congestion. 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, Safety and Welfare. Public health, safety' and welfare suffer from intensive urban development and ever-increasing traffic congestioa The burdens of excessive traffic include, but are not limited to, the loss of productivity' by citizens sitting in traffic jams; increased traffic accidents and related personal injuries; increased pedestrian, bike and dutomobile collisions, luss 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 which are consistent and compatible with the prime concept and image of the community' as a desirable residential, open space community'. Page 2 of 23 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5. Agricultural 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. 6. Crime and Neighborhood 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. Housing. 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 Integrity. The Carlsbad General Plan is the land use "constitution" 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 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 IS, 1974, as amended through May 25, 1994, is hereby amended as follows. New paragraph (h) is hereby added to paragraph 14, "Special Treatment Area", of Section C, "Classification", of Chapter IV, "The Plan", 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/RMH land use designation, and replace it with a combination OS/C/RMH land use designation and the Special Treatment Arsa designation. Land Use Element Map Figure 1, "Prime Open Space and Conservation Areas", 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 Green Valley Planning Area on Exhibit B, "Open Space and Conservation Map", and Exhibit C, "Comprehensive Open Space Network Map", 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 Guidelines", of Chapter V, "Land Use Guidelines", of the Land Use Element, to read as follows: Page 3 of 23 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 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 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 commercia] 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 "festival 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 Geld 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 coasta] salt marsh, southern riparian woodland, and southern riparian scrub. These vegetation communities generally cover lands in and surrounding Encinitas 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 Env;;oruiitautl Quality Act to cause no significant negative envircnrr.crilai impact requiring mitigation. necessary street improvements and utility systems, designed to reduce impacts to biological resources. Active Open Space - 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 "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 will determine final active open space land uses. Page 4 of 23 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 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 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 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. 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 "Growth 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 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 long-term economic sioiificanc*;. 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 runjff 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. Page 5 of 23 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 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. Miied Use Designation - Pending Specific Plan approval, all parcels in the Green Valley Planning Area will collectively continue to cany 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 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 Genera] 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 Genera] 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 Trie 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 Genera] 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 - SEVERABILJTY The provisions of this initiative measure shall not apply to the extent that they violate federal or state 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 will, if appropriate, enact ordinances to implement the provisions of this measure. Such ordinances will ensure consisteni 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, 199-1 Page 6 of 23