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HomeMy WebLinkAbout2006-06-20; City Council; 18617; Save Strawberry and Flower Growing Fields12 CITY OF CARLSBAD - AGENDA BILL AB# 18,617 MTG. 6/20/06 DEPT. Clerk SAVE THE STRAWBERRY AND FLOWER GROWING FIELDS A /"*T /"\C OAAC IKIITI ATIW CACT OF 2006 - INITIATIVE DEPT. HEAD *\fiW CITY ATTY. <&£ CITYMGR. ~^J§::> RECOMMENDED ACTION: By minute motion, acknowledge receipt of the Registrar of Voter's certification of the "Save the Strawberry and Flower Growing Fields Act of 2006 Initiative Petition", select one of the alternatives explained below and take action corresponding with that alternative. ITEM EXPLANATION: On December 19, 2005 Mr. Ron Alvarez, representing Concerned Citizens of Carlsbad, delivered a Notice of Intent to Circulate a Petition to the Clerk's Office. On January 3, 2006 Mr. Alvarez received a Title and Summary from the Clerk that was published along with the Notice of Intent in the North County Times. A proof of publication was received in the Office of the City Clerk on January 17, 2006. The petition was circulated and filed with the City Clerk on May 2, 2006. In accordance with Elections Code section 9266, the petition has been examined and does contain signatures of the required 10% of registered voters to place this measure on a future General Municipal Election ballot. Options now available to the City Council, in accordance with the Elections Code, are as follows: Option No. 1 Section 9212 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) Its fiscal impact. (2) Its effect on the internal consistency of the City's General and Specific Plans, including housing element, the consistency between planning and zoning, and the limitations on City Actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the City to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community's ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Council selection Option No. D D D D 1 Page 2 (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report. The Elections Code states that the report shall be presented to the legislative body no later than 30 days after the elections official (i.e. the City 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 July 25, 2006. Option No. 2 Section 9215 of the Elections Code provides that the initiative may be adopted, without alteration, by the legislative body. If Council chooses this alternative, the action would be to adopt the Initiative at this meeting or direct staff to place the initiative on a Regular Meeting Agenda within 10 days. Option No. 3 Section 9215 of the Elections code also states that if neither Option 1 or Option 2 is selected, and if the initiative is not submitted at a special election, then the Initiative shall be submitted at the next General Municipal Election. If Council selects this alternative, the action would be to direct staff to place the Initiative on the ballot for the next General Municipal Election, which will occur on November 7, 2006. FISCAL IMPACT: The next known regular election in the City of Carlsbad will be the General Municipal Election, which will occur on November 7, 2006. To place the Initiative on the ballot of the November 7, 2006 General Municipal Election will add an estimated additional $11,000 to the cost of that election. EXHIBITS: 1. Copy of letter dated 6/12/06 . from the Registrar of Voters Office, certifying the Save the Strawberry Fields and Flower Growing Act of 2006. 2. Copy of the proposed Initiative from the Petition of Save the Strawberry Fields and Flower Growing Act of 2006. DEPARTMENT CONTACT: Lorraine Wood 760-434-2808 clerk(5)ci.carlsbad.ca.us (Eattntg of jianMIKEL HAAS Registrar of Voters MHJUJUJJ ill rfVtlll ^1*^*4 Office: (858)565-5800 Fax: (858) 694-2955 TIMMcNAMARA REGISTRAR OF VOTERS TDD: (858)694-3441 Asst. Registrar of Voters 5201 Ruffin Road, Suite I, San Diego, California 92123-1693 Toll Free: (800) 696-0136 June 12, 2006 Lorraine Wood, City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008-1989 RE: General Plan Initiative Amendment to Amend the Carlsbad General Plan to Establish a Coastal Agricultural Designation. The verification of the above named initiative is complete. The results of that verification process are as follows: • Date petition was received by this office — May 3, 2006 • Number of sections submitted 384 • Number of signatures submitted 7,261 • Number of signatures verified 6,221 • Number of signatures found NOT sufficient.(includes 18 duplicates) 830 • Number of signatures found sufficient 5,391 • Number of signatures required (10% of 53,903) 5,391 • Number of registered voters in subject territory 53,903 If you have any questions, please contact me at 858-495-5889 Sincerely, Jane A. Me Clure Election Processing Supervisor Registration, Records & Petitions Please refer to the following Government Code regarding petitions. If you have any questions please call Caesar Bolchini at 858-694-3409. . §6253.5.Inspection of election petitions Notwithstanding * * ' Sections 6Z52 and 6253. statewide, councy. city, and district initiative, referendum. and recall petitions, petitions circulated pursuant to Section 5091 of the Education Code, petitions for the reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of the Education Code, petitions for the reorganization of community college districts submitted pursuant to Part 46 (commencing with Section 74000) of the Education Code and all memoranda prepared by the county elections officials in the examination of the petitions indicating which registered vocers have signed particular petitions shall not be deemed to be public records and shall not be open to inspection except by the public officer or public employees who have che duty of receiving, examining or . preserving che petitions or who are responsible for the preparation of that memoranda and. if the petition is found to be insufficient, by the proponents of the petition and the representatives of the proponents as may be designated by the proponents in writing in order to determine which signatures were disqualified and che reasons therefor. However. * * " the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a school district or a community college district attorney, and a city attorney shall be permitted to examine che material upon approval of the appropriate superior court. If the proponents of a petition are permitted to examine che petition and memoranda, the examination shall commence not later than 21 days after certification of insufficiency. (a) As used in this section, "petition" shall mean any petition to which a registered voter has affixed his or her signature. (b) As used in this section "proponents of the petition" means che following: (1) For statewide initiative and referendum measures, the person or persons who submit a draft of a peti- tion proposing che measure to che Attorney General with a request that he or she prepare a title and sum- mary of the chief purpose and points of the proposed measure. (2) For other initiative and referenda on measures, the person or persons who publish a notice of intention to circulate petitions, or. where publication is not required, who file petitions with the elections official. (3) For recall measures, the person or persons defined in Section 343 of che Elections Code. (4) For petitions circulated pursuant to Section 5091 of the Education Code, che person or persons having charge of the petition who submit the petition to the county superintendent of schools. (5) For petitions circulated pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Pan 21 of che Education Code, the person or persons designated as chief petitioners under Section 35701 of the Education Code. (6) For petitions circulated pursuant to Pan 46 (commencing with Section 74000) of the Education Code. the person or persons designated as chief petitioners under Sections 74102. 74133, and 74152 of che Educa- tion Code. Amended Stats 198: di 163 | 1 Stats 1985 ch 1033 § I. Amended Stats 1992 eh 970 4 22 (SB 1260) Amended Scats 1994 ch 923 5 32 (SB 1346). AllJClMlJUClUf 1982 Amendment: (I) Amended the Srst paragraph by adding la) ". and petitions circulated pursuant to Section 5091 of the Education Code," before "and all memoranda"; and (b) ", a school district or a community college district attorney- near the end of the paragraph: and (2) added subd id). 1985 Amendment: (1) Amended the arst paragraph by (a) deleting "and" after "recall petitions."- (b» adding "petitions for the reorganization of school districts submitted pursuant to Article 1 (commencing with Section 15700) of Chapter 4 of Pan 21 of the Education Code, petitions for the reorganization of community college districts submitted pursuant to Pan 46 (commencing with Section 74000) at the Education Code"; and 12) added subds (e) and (f). 1992 Amendment; In addition to making technical changes. (1) Added subd (a); (2) redesignaied the former introductory clause to be subd fbi: and (3) redesignated former subds laMfl to be aibds .1994 Amendment: (1) Deleted "the provisions of' after "Notwithstanding" near the beginning: (2) substituted "elections officials" for "clerics" after "by the county: (3> substituted ". However." for "; provided, however, that" at the aid of the Srsi sentence of the Srsi paragraph: |4) substituted "elections official" for "cleric" in subd (bK2V and (S) substituted "Sec- rion 343" for "Section 197] I" in subd lb>(3). Nou — Stau 1994 ch 923 provides SEC. 271. The Legislature declares that the changes made by this act are technical and nonsubstantive in nature, and are necessitated by the reorganization of ihe Elections Code by SB 1547 of the 1993-94 Regular Session. Collateral References: Cal Jur 3d (Rev) Consumer and 8orro««r Protection Laws § 316. Elections § 289. Cal Practice fRev) Ch :0 Discovery Proceedings § 20:7. Beginning in 1992. 146 nalies indicate changes or additions. • • • indicate omissions. [2 Qov q MIKEL HAAS Registrar of Voters TIM McNAMARA Asst. Registrar of Voters REGISTRAR OF VOTERS 5201 Ruffin Road, Suite I, San Diego, California 92123-1693 2 A IS- U8 n CO ;r Office: Fax: TDD: Toll Free: (858)565-5800 (858) 694-2955 (858) 694-3441 (800) 696-01 36 On June 12, 2006, ^h^W^^fw* O/jh^Oun. on behalf of the City Clerk of Carlsbad accepted receipt of the initiative entitled "General Plan Initiative Amendment to Amend the Carlsbad General Plan to Establish a Coastal Agricultural Designation ". This petition contains 384 sections and 7,261 signatures. This Petition was verified by the Registrar of Voters office and is now in the possession of the City Clerk of Carlsbad. Signature. V To the Honorable City Clerk of the City of Carlsbad: We, the undersigned, registered and CitY°'c qualified voters of the County of San Diego hereby propose an initiative measure to amend the City of Carlsbad General Plan. We petition you to submit this measure to the City Council of the City of Carlsbad for adoption without change, or for submission of the measure to the voters of the City of Carlsbad at a general or special election. The measure provides as follows: SAVE THE STRAWBERRY AND FLOWER GROWING FIELDS ACT OF 2006 The People of the City of Carlsbad do hereby enact and ordain: Section 1. TITLE. 1.1 This Initiative shall be known and may be cited as the "Save the Strawberry and Flower Growing Fields Act of 2006." Section 2. PURPOSE AND FINDINGS. 2.1 Purpose. The purpose of this initiative is to conserve current coastal Open Spaces and historic coastal agricultural uses within the City of Carlsbad ("City") located at the south shore of the Agua Hedionda Lagoon. The City has a history and policy of promoting and protecting such coastal agricultural uses as well as ensuring environmental protection of its lagoons, watersheds, agricultural lands, open spaces and scenic resources, among others. This initiative amends the Carlsbad General Plan to promote and strengthen the continuation of such land- use policy in this specific sensitive area of the community commonly known as the Strawberry and Flower Growing Fields. Specifically, the initiative provides for a new designation of agricultural lands as coastal agriculture within the Open Space Element of the Carlsbad General Plan for these areas within the Coastal Zone currently in agricultural production, and to conserve these designated areas from premature fragmentation, inappropriate developments or other inconsistent land uses. 2.2 History and Location. The City has historically supported the conservation of coastal agriculture as evidenced within its General Plan, Agua Hedionda Land Use Plan - Local Coastal Plan Segment, among other City documents, policies and plans. This initiative will strengthen and promote that City policy. The subject area of this initiative is immediately adjacent to the south shore of the Agua Hedionda Lagoon and is internally contiguous. The area described will form a "T" shape in the Coastal Zone. The bottom of the "T" begins at, and runs in a north to south direction from the north end of Palomar Airport Road between Legoland to the east and commercial developments to the west and northward to Cannon Road. This long rectangular area consists of the "official" Flower Fields of 53.40 acres and the immediately adjacent area of 45.60 acres, also currently in agricultural production. The "top" of the "T" is that area sandwiched between IR I 93005 Cannon Road to the south and Agua Hedionda Lagoon to the north and running east to west from Interstate 5 toward El Camino Real along the north edge of Cannon Road and the south edge of Agua Hedionda Lagoon. Another area for inclusion is currently in agricultural production and consists of 26.45 acres contiguous with this area, with Cannon Road forming its north boundary and Legoland forming its south boundary. Map locations and Assessor Parcel Numbers ("APN's") are provided herein for location reference. See also, Exhibits A - D for further reference. 2.3 Findings. The People of the City of Carlsbad find and declare that the subject lands of this initiative are currently under-protected by City policy and established planning documents including, but not necessarily limited to, the City General Plan and Zoning Ordinances, Agua Hedionda Land Use Plan - Local Coastal Plan Segment, Habitat Management Plan, Citywide Facilities Management Plan, Growth Management Plan, South Carlsbad Coastal Redevelopment Plan and Carlsbad Ranch Specific Plan. The People of the City enact this legislation to effectuate necessary guidance for future planning in this important land use area as such affects community desires, health, safety and well being. The City Council is directed by the People to give all effectuation, by whatever means practicable, to implementing the intentions of this initiative. 2.4 Recognitions. The People of the City Carlsbad recognize that the area described in this initiative could be developed in the future into residential, commercial or other developments and intend hereby to legislate and provide policy guidance to elected City officials and staff that the will of the People of the City of Carlsbad is to maintain, keep, and conserve these lands as Open Space for land uses consistent with coastal agriculture. It is also acknowledged that property rights negotiations have occurred in the past, and may be occurring currently between the owners of these lands and others with potential residential, commercial or other development interests. Sections. GENERAL PLAN AMENDMENTS. Within this Section the People of the City of Carlsbad hereby readopt, reaffirm and amend the Carlsbad General Plan adopted on September 6, 1994 through City Council Resolution No. 94-246 and as subsequently amended through the filing date of this initiative, as set forth below. Text to be inserted into the General Plan is indicated in bold italic type while text to be stricken is indicated by -/strikethrough/- (i.e., strikethrough) type, and text in standard type is currently as it appears in the Carlsbad General Plan. 3.1 The VISION AND INTRODUCTION section of the Carlsbad General Plan, Part I. CARLSBAD - THE VISION, the first vision statement located as the first paragraph on the left side of the page on page 1; the text is amended as follows: A City which provides a balanced variety of land uses for living, business, employment, recreation and open space opportunities including appropriate agricultural production areas. 3.2 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part II. FRAMEWORK FOR OPEN SPACE & CONSERVATION PLANNING, Section A. Open Space Definition & Classification System, Category 2: Open Space for Managed Production of Resources, located at page 3; the text is amended as follows: CATEGORY 2: Open Space for Managed Production of Resources (a) Forestry/Agriculture/Aquaculture; i) Forest lands; ii) Rangeland; iii) Agriculture and Coastal Agriculture; iv) Aquaculture v) Horticulture, including greenhouses; or vi) Flower Fields and contiguous Coastal Agriculture. 3.3 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part II. FRAMEWORK FOR OPEN SPACE & CONSERVATION PLANNING, Section F. Citywide Open Space Plan, Category 2: Open Space for Managed Production of Resources, located at page 16; the text is amended as follows: Forestry/Agriculture/Aquaculture (2a) Forestry, agriculture and aquaculture are considered a category 5 citywide priority for future open space planning except that coastal agriculture areas adjacent to Agua Hedionda Lagoon and as they connect in a contiguous manner with the flower fields shall be considered a Zone Primary Action Priority in Local Facilities Management Zone 13 and shall be considered here a category 1 priority. It is the City's intention to support and utilize all measures available, including, but not limited to, the Williamson Act, to secure agricultural land uses for as long as possible prior to development, and to promote the long-term economic viability of agricultural uses. However, it should be recognized that Carlsbad is an urbanizing oity, and the projected pattern of development is suoh that the extensive areas generally required for economic agricultural operations are unlikely to be available in the longterm. 3.4 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part II. FRAMEWORK FOR OPEN SPACE & CONSERVATION A City which provides a balanced variety of land uses for living, business, employment, recreation and open space opportunities including appropriate agricultural production areas. 3.2 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part II. FRAMEWORK FOR OPEN SPACE & CONSERVATION PLANNING, Section A. Open Space Definition & Classification System, Category 2: Open Space for Managed Production of Resources, located at page 3; the text is amended as follows: CATEGORY 2: Open Space for Managed Production of Resources (a) Forestry/Agriculture/Aquaculture; i) Forest lands; ii) Rangeland; iii) Agriculture and Coastal Agriculture; iv) Aquaculture v) Horticulture, including greenhouses; or vi) Flower Fields and contiguous Coastal Agriculture. 3.3 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part II. FRAMEWORK FOR OPEN SPACE & CONSERVATION PLANNING, Section F. Citywide Open Space Plan, Category 2: Open Space for Managed Production of Resources, located at page 16; the text is amended as follows: Forestry/Agriculture/Aquaculture (2a) Forestry, agriculture and aquaculture are considered a category 5 citywide priority for future open space planning except that coastal agriculture areas adjacent to Agua Hedionda Lagoon and as they connect in a contiguous manner with the flower fields shall be considered a Zone Primary Action Priority in Local Facilities Management Zone 13 and shall be considered here a category 1 priority. It is the City's intention to support and utilize all measures available, including, but not limited to, the Williamson Act, to secure agricultural land uses for as long as possible prior to development, and to promote the long-term economic viability of agricultural uses. However, it should be recognized that Carlobad is an urbanizing city, and the projected pattern of development is suoh that the extensive areas generally required for economic agricultural operations are unlikely to be available in the longterm. 3.4 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part II. FRAMEWORK FOR OPEN SPACE & CONSERVATION PLANNING, Section G. Maps of the Open Space & Conservation Element, located at pages 35-36; the Official Open Space & Conservation Map is amended to include an area of land of approximately 45 acres abutting Interstate 5 on the east, Agua Hedionda Lagoon on the north and Cannon Road on the south to be added as Open Space from Travel/Recreation Commercial Use (T-R) to the map as shown through Exhibits C and D as Open Space and coastal agricultural lands and as identified by assessor parcel numbers (APN's) in Sections 3.6 and 3.11 of this Initiative. The People of Carlsbad in amending the Official Open Space &. Conservation Map hereby find that (1) The proposed open space is equal to or greater than the area depicted on the Official Open Space and Conservation Map; (2) That the proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map; and (3) the proposed adjustment to open space, as depicted on the Official Open Space and Conservation Map, is contiguous or within close proximity to open space as shown on the Official Open Space Map. 3.5 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part HI. GOALS OBJECTIVES & IMPLEMENTING POLICIES AND ACTION PROGRAMS, Open Space Planning and Protection segment sub-part A, Goals, located at page 21; the text is amended as follows: A. GOALS A.I An open space system of aesthetic value that maintains the community identity, achieves a sense of natural spaciousness, and provides visual relief in the cityscape. A. 2 A city with a balance of programmed and unprogrammed open space within each of the four quadrants of the City. A.3 An open space system that improves the quality of life for the citizens of Carlsbad. A.4 A city with an adequate amount and variety of open space for outdoor recreation and agricultural production including coastal agricultural production, including, but not limited to: parks; beaches; areas for organized sports; connecting corridors containing trails; water recreation areas (beaches, lagoons, lakes); unique conservation areas for nature study; agriculture including coastal agriculture; and, semi- developed areas for camping. 3.6 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part III. GOALS OBJECTIVES & IMPLEMENTING POLICIES AND ACTION PROGRAMS, Open Space Planning and Protection, segment sub-part B, Objectives, located at page 21; the text is amended by adding a new objective after the last stated objective of B. 12, as follows: B. OBJECTIVES 10 B.13 To provide for continued coastal agricultural production adjacent toAgua Hedionda Lagoon forming as contiguous as possible a connection with the flower fields and utilizing the area between the south shore of the lagoon and the north edge of Cannon Road and contiguous parcels for continued coastal agricultural production including, but not limited to, flower fields and strawberry fields. 3.7 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part 10. GOALS OBJECTIVES & IMPLEMENTING POLICIES AND ACTION PROGRAMS, Promoting Agriculture, located at page 29; the text is amended as follows: PROMOTING AGRICULTURE Agriculture is an important resource in the City of Carlsbad?, in particular coastal agriculture in the vicinity ofAgua Hedionda Lagoon and its connection with the flower fields is in integral resource deserving of special conservation measures. Agriculture policies are intended to support agriculture activities while planning for possible future transition to more urban uses consistent with the policies of the Land Use Element and the Carlsbad Local Coastal Program. A. GOAL A city which recognizes the important value of agriculture and horticulture lands. A City which recognizes the unique value of coastal agriculture uses adjacent to Agua Hedionda lagoon and contiguous agricultural open space areas with the flower fields. B. OBJECTIVES B. 1 To develop an inventory of agricultural uses in the City-, and to identify areas of coastal agriculture in the vicinity ofAgua Hedionda Lagoon where conservation and special programs may be established to ensure long term operational viability of these important coastal agricultural areas. B.2 To promote the establishment of agricultural preserves. B.3 To promote the use of technology for agricultural purposes to improve the economic viability of agriculture. B.4 To ensure that new development is sensitive to existing agricultural uses. B.5 To ensure that agricultural uses do not adversely impact sensitive environmental resources^-, through the use of appropriate mitigation measures, where applicable. 3.8 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part ID. GOALS OBJECTIVES & IMPLEMENTING POLICIES AND ACTION PROGRAMS, Promoting Agriculture, Implementing Policies and Action Programs sub-part, located at pages 29-30; the text of paragraphs C.I through C.I7 are retained in their entirety, a new paragraph is inserted as C.I8 and the text is amended as follows: IMPLEMENTING POLICIES AND ACTION PROGRAMS CIS Continuation of coastal agricultural production along the south shore ofAgua Hedionda Lagoon and forming as contiguous as possible a connection with the flower fields is a priority for agricultural conservation within the Land Use Element and the Open Space A Conservation Element of the City of Carlsbad General Plan. The following areas as identified by assessor parcel numbers (APN's) shall be included as open space for coastal agricultural production deserving of special resource protections by the City: APN211-023-13; APN211- 023-11; APN 211-022-21; APN 211-010-24; APN 211-010-05; APN 211- 010-31; APN 211-010-28, as is further identified graphically on Exhibits A-D. All maps, charts and graphs shall be amended by the City to reflect their inclusion as such. 3.9 The OPEN SPACE & CONSERVATION ELEMENT of the Carlsbad General Plan, Part IV. Glossary, located at page 40; the text is amended by adding a definition of Coastal Agriculture to the definitions contained therein and the text is amended as follows: COASTAL A GR1CUL TV RE Lands located within the coastal zone of the City that support production of agricultural products. 3.10 The LAND USE ELEMENT of the Carlsbad General Plan, Part II, DESCRIPTION OF THE LAND USE, Section A. City Form and Function, sub- part 2. Major Factors Affecting Form, Factor 2: Airport and Nonresidential Corridor, the second full paragraph, located at page 3; the text is amended as follows: "Factor 2: Airport and Nonresidential Corridor" This nonresidential corridor extends beyond the actual influence area of the airport, all the way to the ocean and the mouth of Agua Hedionda Lagoon. The extension comes about due to the proximity of the airport's influence area to the 640-acre utility corridor owned by San Diego Gas and Electric for the Encina Power Plant and its associated major transmission right-of-way along the southerly shore of Agua Hedionda Lagoon. Land within this ownership may be used only for industrial scale utility functions existing utility transmission corridors, coastal agricultural production and open space. 3.11 The LAND USE ELEMENT of the Carlsbad General Plan, Part II, DESCRIPTION OF THE LAND USE, Section D. Special Planning Considerations, sub-part 5. Agriculture, located at page 26; the text of the first full paragraph is amended as follows, the two paragraphs that follow are retained in their entirety: 5. AGRICULTURE Agricultural is an important resource in Carlsbad. In particular, coastal agricultural uses adjacent to Agua Hedionda Lagoon are of a high conservation priority for the City. The City's agricultural policies are intended to support agricultural activities while planning for future transition of the land to more Open Space, Community Parks, or urban uses consistent with the policies of the General Plan and the Carlsbad Local Coastal Plan (LCP). 3.12 The LAND USE ELEMENT of the Carlsbad General Plan, Part III, GOALS, OBJECTIVES AND IMPLEMENTATION POLICIES AND ACTION PROGRAMS, Agriculture, located at pages 37-38; the text is amended as follows: AGRICULTURE A. GOALS A. 1 A City which prevents the premature elimination of agricultural lands and preserves said lands wherever possible. A.2 A City which supports agriculture while planning for possible transition to urban uses. A.3 A City which recognizes the importance of, and effectively plans for, continued coastal agricultural production adjacent to Agua Hedionda Lagoon including, but not limited to, conserving contiguous parcels with the flower fields. B. OBJECTIVES B. 1 To permit agricultural land uses throughout the City. B.2 To conserve the largest possible amount of undeveloped land suitable for agricultural purposes, through the willing compliance of affected partiesr or the establishment of special City programs designed to ensure that coastal agricultural production is maintained. I?) B.3 To develop measures to ensure the compatibility of agricultural production and adjacent land uses. 3.13 The LAND USE ELEMENT of the Carlsbad General Plan, Part III, GOALS, OBJECTIVES AND IMPLEMENTATION POLICIES AND ACTION PROGRAMS, Agriculture, Section C, Implementing Policies and Action Programs, located on page 38; the text is amended by retaining the text of Paragraphs C. 1, C.2, C.3, C.5, and C.6 in their entirety, and amending paragraph C.4 as follows, and adding two new paragraphs C.7 and C.8 as follows: C.4 Attempt to preserve Conserve by whatever means practicable the flower fields or lands east of 1-5 to the first ridge line between Cannon Road and Palomar Airport Road, and contiguous connections to agricultural lands to the north located on the south shore ofAgua Hedionda Lagoon that run easterly from 1-5 along Cannon Road through whatever method created and most advantageous to the City of Carlsbad. C. 7 Actively pursue all practicable methods or modes of conservation of contiguous coastal agricultural lands with the flower fields identified above in paragraph C.4 to ensure such coastal agricultural production on the south shore ofAgua Hedionda Lagoon continues, and to conserve these lands currently in agricultural production to retain their agricultural uses into the long-term by whatever means practicable. C.8 Continuation of coastal agricultural production along the south shore of Agua Hedionda Lagoon and forming as contiguous as possible a connection with the flower fields is a priority for agricultural conservation within the Land Use Element and Open Space & Conservation Element of the City of Carlsbad General Plan. The following areas as identified by assessor parcel numbers (APN's) shall be included as open space for coastal agricultural production deserving of special resource protections by the City: APN 211-023-13; APN 211- 023-11; APN 211-022-21; APN 211-010-24; APN 211-010-05; APN 211- 010-31; APN211-010-28, as is further identified graphically on Exhibits A-D. AH mapSt charts and graphs shall be amended by the City to reflect their inclusion as such. 3.14 The LAND USE ELEMENT of the Carlsbad General Plan, Part H. DESCRIPTION OF THE LAND USE, Map 2: General Plan Land Use Map, located on pages 7-8 is amended to include an area of land of approximately 45 acres abutting Interstate 5 on the east, Agua Hedionda Lagoon on the north and Cannon Road on the south to be added as Open Space from Travel/Recreation Commercial Use (T-R) to the map as shown through Exhibits A and B as Open Space and coastal agricultural lands and as identified by assessor parcel numbers (APN's) in Sections 3.6 and 3.11 of this Initiative. 3.15 The LAND USE ELEMENT of the Carlsbad General Plan, Part IV. Glossary, located at page 41; the text is amended by adding a definition of Coastal Agriculture to the definitions contained therein and the text is amended as follows: COASTAL AGRICULTURE Lands located within the coastal zone of the City that support production of agricultural products. Section 4. IMPLEMENTATION. 4.1 Effective Date. Upon the effective date of this initiative, the provisions of this initiative are hereby inserted into the City of Carlsbad General Plan as an amendment thereof, except that if the amendments of the mandatory elements of the general plan permitted by State law for any given calendar year have already been utilized in the calendar year in which the initiative becomes effective, this general plan amendment shall be the first amendment inserted in the City's General Plan on January 1 of the next year. At such time as this general plan amendment is inserted in the City of Carlsbad General Plan, any provisions of the City Zoning Ordinance, as reflected in the ordinance itself or the City Zoning Map, inconsistent with this general plan amendment shall not be enforced. 4.2 Interim Amendments. The City of Carlsbad General Plan in effect at the time the Notice of Intention to circulate this initiative measure was submitted to the City Elections Official (December 19, 2005 "submittal date"), and that General Plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Carlsbad remains an integrated, internally consistent and compatible statement of policies for the City as required by State law and to ensure that the actions of the voters in enacting this initiative are given effect, any provision of the General Plan that is adopted between the submittal date and the date that the General Plan is amended by mis measure shall, to the extent that such interim-enacted provision is inconsistent with the General Plan provisions adopted by this initiative measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this initiative and other elements of the City's General Plan. 4.3 Other City Ordinances and Policies. The City of Carlsbad is hereby authorized and directed to amend the General Plan, sub-plans, community plans, specific plans, zoning ordinance, and other ordinances and policies and/or plans affected by this initiative as soon as possible and in the manner and time required by any applicable State law to ensure consistency between the policies adopted in this initiative and other elements of the City's General Plan, zoning ordinance, and other City ordinances, policies and/or plans as may be the case. Section 5. EXEMPTIONS AND EXCEPTIONS FOR CERTAIN MATTERS. 5.1 This initiative shall be subject to amendment by the City Council without the required vote of the People of Carlsbad upon a showing of substantial evidence on the record that implementation or operation of this initiative will frustrate City functions in any of the following circumstances: (a.) To affect City compliance with any State mandated programs, including but not limited to: housing requirements; density bonuses; development agreements; certified redevelopment plans; vesting tentative maps; or other matters otherwise required by State law; (b.)To deprive any person, organization or entity of their Constitutional rights, including property rights, and no takings shall be allowed through the construction or implementation of this initiative; (c.) To affect any development project that has obtained as of the effective date of the initiative a vested right pursuant to State or local law. Upon such a showing the City Council may amend this Initiative in manner that most narrowly construes the City's compliance obligations, or liability, as the case may be, yet at the same time balances the broadest possible construction and implementation of the intentions of this Initiative. Any such amendments allowable to the City Council shall not impair the right of the People of Carlsbad to subsequently seek a Referendum overturning such actions if they so choose. 5.2 The City, through its City Council may amend this initiative without a vote of the People to engage in any agricultural conservation act consistent with the intentions of this initiative, including, but not limited to, Williamson Act activities or the creation of, or implementation of, any other City sponsored agricultural program or activity designed to enhance, promote, or conserve agricultural opportunities within the City and specifically within the coastal agricultural areas established by this initiative. Section 6. SEVERABILITY AND INTERPRETATION. 6.1 This measure shall be interpreted so as to be consistent with all federal and state and municipal laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters and People of Carlsbad hereby declare that this measure, and each section, sub-section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub-sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This initiative shall be broadly construed in order to achieve the purposes stated in this initiative. It is the intent of the voters and People of Carlsbad that the provisions of this measure shall be interpreted by 10 the City and any courts of competent jurisdiction in a manner that facilitates the protection of the resources described herein. Section 7. AMENDMENT OR REPEAL. 7.1 Except as otherwise provided herein, the implementation and operation of this initiative may only be amended or repealed by a majority vote of the registered voters of the City of Carlsbad. Section 8. COMPETING MEASURES. 8.1 In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, then both measures shall go into effect except to the extent that particular provisions of one initiative are in direct, irreconcilable conflict with particular provisions of another initiative. In that event, as to those conflicting provisions, only the provisions of the initiative receiving the most votes shall prevail. Exhibit List Exhibit A: Existing Official City of Carlsbad Official Open Space & Conservation Map Exhibit B: Amended Official City of Carlsbad Official Open Space & Conservation Map Exhibit C: Existing City of Carlsbad General Plan Land Use Map. Exhibit D: Amended City of Carlsbad General Plan Land Use Map. 11 I"? OFFICIAL OP1N SPACE & CONSERVATION MAP CITY OF CARLSBAD Pacific Ocean Existing/Approved Open Span Constrained OFFICIAL OPEN SPACE & CONSERVATION MAP CITY OF CARLSBAD Pacific Octax Brisling /Approved Opsn Space Contained f ""—'—"* '•«• D«u Lilt Upiblnl S«ptembw 2005 _,^ OFFICIAL OPEN & CONSERVATION MAP CITY OF CARLSBAD r*ctfie Ocean Existing / Approved Open Spi Constrained OPEN SPACE COASTAL AGRICULTURE (OSCA) GENERAL PLAN LAND USE MAP City of Carlsbad 0 1.000 2000 4.000 ft.OOO a.OOO ?.r*GENERAL PLAN LAND USE MAP City of Carlsbad 0 1.000 2.0M 4.000 6.000 fl.OOO OPEN SPACE COASTAL AGRICULTURE (OSCA) . « •* MM M H •*»» • rtu^ isrC/LETntT*!* TS^ ^ /.-r ^ox