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Home My WebLink About2015-05-19; City Council; 21975; Initiate Report to Section 9212 Voters of Carlsbad Agua Hedionda South Shore 85/15 Specific Plan18 CITY OF CARLSBAD-AGENDA BILL AB# 21,975 AUTHORIZATION TO INITIATE THE DEPT. DIRECTOR MTG. 1 15 PREPARATION OF A REPORT PURSUANT TO CITY ATTORNEY DEPT. CM ELECTIONS CODE SECTION 9212 IN RESPONSE CITY MANAGER TO THE SUBMITTAL OF A NOTICE OF INTENT RECOMMENDED ACTION: TO CIRCULATE A PETITION FOR A CITIZEN-LED INITIATIVE MEASURE FOR THE PURPOSE OF PROPOSING TO THE VOTERS OF CARLSBAD THE ENACTMENT OF THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL-11AGUA HEDIONDA 85/15 SPECIFIC PLAN" That the City Council adopt Resolution No. 2015-127 authorizing city staff 'o: 1.) Initiate the preparation of a report pursuant to Elections Code Section 9212 (9212 Report) in response to the submittal of Notice of Intent to Circulate a Petition for a citizens-led initiative measure for the purpose of proposing to the Voters of Carlsbad the enactment of the Agua Hedionda South Shore Specific Plan fo~ 85% Open Space and 15% Retail -"Agua Hedionda 85/15 Specific Plan". 2.) Request a deposit from the initiative propone.nt's primary sponsor for the preparation of the 9212 Report. , 3.) Contract with consultants as necessary to complete the 9212 Report and authorize the Administrative Services Director to appropriate necessary funds from the City Council Contingency fund in an amount not to exceed $150,000. ITEM EXPLANATION: Notice of Intent & Initiative Measure On May 12, 2015, Edmond W. (Bill) Dominquez, Maureen Simons, and Carlton Lund (Proponents), representing "Preserving Carlsbad Open Space The Right Way" submitted to the City Clerk's office a Notice of Intent to Circulate a Petition for a citizen-led initiative measure for the purpose of proposing to the voters of Carlsbad the enactment of the Agua Hedionda 85/15 Specific Plan. Caruso Affiliated, a southern California based commercial real estate development firm best known as the developer of The Grove and The Americana at Brand retail centers in the greater Los Angeles area, is the primary sponsor DEPARTMENT CONTACT: Gary Barberio 760-434-2821 gary.barberio@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED D CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D REPORT RECEIVED g' Agua Hedionda 85/15 Specific Plan May 19,2015 Page2of2 of the initiative measure. The Notice of Intent (Exhibit B) indicates that the "initiative protects and conserves the character of Carlsbad and provides access to open space by passing the Agua Hedionda 85/15 Specific Plan. The Specific Plan affects approximately 203.4 acres of land between the south shore of the Agua Hedionda Lagoon and Cannon Road by protecting and conserving approximately 176.7 acres for open space, continuing and supporting strawberry farming and coastal agricultural (more the 85% of the Specific Plan area), and reserving approximately 26.7 acres (less than 15% of the Specific Plan area) for a new pedestrian-friendly outdoor retail, shopping, dining, entertainment, and recreation promenade -at no tax burden to Carlsbad residents." The Specific Plan proposed by the initiative measure (Exhibit C -Written Text of the Initiative Measure) would allow up to 585,000 square feet of new visitor-serving commercial, shopping, dining, entertainment, and recreational uses on the 26.7 acres reserved for retail development. (Exhibit D-Location Map) Initiative Process The submittal of the Notice of Intent starts the initiative process time line, as defined and mandated by the California Elections Code. After submittal of the Notice of Intent, the City Clerk is to immediately transmit a copy of the proposed initiative measure to the City Attorney (transmitted on May 12, 2015). The City Attorney has 15 days from receipt of the initiative m~asure from the City Clerk to prepare the Ballot Title and Summary and return same to the City Clerk who will provide a copy to the Proponents. Pursuant to the Elections Code, from the time the Proponents receive the prepared Ballot Title and Summary from the City Clerk, they have up to 180 days to circulate the petition to obtain the required signatures (15% or 10%) from voters registered in the City of Carlsbad. Approximately 9,800 signatures will be necessary to meet the 15% requirement and approximately 6,500 signatures will be necessary to meet the 10% requirement. Upon filing of the signed petition with the City Clerk, the City Clerk conducts a prima facie review of the signed petition. If accepted, the signed petition is then sent to the San Diego County Registrar of Voters for review ofthe signatures. As allowed by law and as is the practice of the Registrar of Voters, the review of signatures is done as a random sampling until the number of valid signatures is found to be sufficient. The Registrar of Voters has 30 business days to complete the review of the signed petition. Subsequent to completion of the Registrar of Voters review of the signatures, the certificate of sufficiency of the petition will be presented to the City Council by the City Clerk. At that time the City Council will have three options: 1. Approve the initiative without alteration at that meeting or another regularly scheduled meeting within 10 days of the certificate of sufficiency meeting; 2. Submit the initiative to the voters in a special election; 3. Authorize the preparation of a report pursuant to Elections Code Section 9212 and receive the report no later than 30 days after the signed petition filing date. After receiving the report, the City Council would then have no more than 10 days to either adopt the ordinance without alteration or call an election. Agua Hedionda 85/15 Specific Plan May 19~ 2015 Page 3 of3 Section 9212 Report Elections Code Section 9212 allows the City Council to request the preparation of a 9212 Report to examine any or all of the following relating to the proposed initiative: (1) Its fiscal impact, (2) Its effect on the internal consistency of the city's general and specific plans, including the 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, (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization, and (8) Any other matters the City Council requests to be in the report. Per the Elections Code, the 9212 Report is typically ordered at the time of consideration of the certificate of sufficiency of the petition. However, given the limited timeline for action allowed by the Elections Code and the magnitude and complexity of the proposed Initiative Measure and Specific Plan, staff is recommending that City Council authorize staff to initiate the preparation of the 9212 Report immediately during the circulation of the petition period, as authorized by the Elections Code. In addition to the Notice of Intent to Circulate Petition and the Initiative Measure text, an Environmental Analysis report in support of the Notice and the Initiative Measure for the Agua Hedionda 85/15 Specific Plan was voluntarily submitted by the Proponents. The submitted Environmental Analysis report evaluates the potential environmental effects of implementing the Agua Hedionda 85/15 Specific Plan and provides analysis of proposed impacts in the following areas: • Aesthetics • Hazards and Hazardous Materials • Agriculture and Forest Resources • Land Use and Planning • Air Quality • Mineral Resources • Biological Resources • Noise • Cultural Resources • Population and Housing • Geology and Soils • Fire Protection • Greenhouse Gas Emissions • Police Protection • Hydrology • Schools • Water Quality • Libraries 3 Agua Hedionda 85/15 Specific Plan May 19,2015 Page 4 of4 • Parks and Recreation • Traffic and Circulation • Water Service • Sewer Service • Solid Waste • Energy • Socioeconomic Effects • Cumulative Effects Staff intends to complete the 9212 Report by utilizing subject matter expert consultants to provide third party peer reviews of the Initiative Measure, the Specific Plan, and the complete Environmental Analysis report. It is staff's intent that the 9212 Report will analyze each component identified in Elections Code 9212. Requesting the preparation of the 9212 Report now will provide the city with additional time to prepare a thorough and comprehensive analysis of all submitted documents. The 9212 Report will serve to inform the City Council when the certificate of sufficiency of the petition is before them for consideration. Given the Elections Code timeline, it is expected that the City Council will consider the certificate of sufficiency of the petition and the completed 9212 Report no earlier than late August. The 9212 Report will also serve to inform the public should the City Council ultimately decide to place the Initiative Measure on the ballot for consideration by the registered voters of Carlsbad. FISCAL IMPACT: Based on the submitted Initiative Measure and proposed Specific Plan, and the voluntarily submitted Environmental Analysis report, city staff expects to solicit the services of various third party firms to assist in completing the 9212 Report. Staff is recommending that the City Council authorize staff to request that a deposit in the amount of $150,000 be submitted by the Proponent's primary sponsor, Caruso Affiliated, to fund the preparation of the 9212 Report, such that the cost to prepare this report does not burden the taxpayers. Should they agree to submit the deposit, but the cost of the work to prepare the 9212 report exceeds the deposit amount, staff will request additional funds be deposited with the city. While the city can request the deposit to prepare the 9212 Report from the Proponent's primary sponsor, the Elections Code does not require them to pay. In the instance that they do not agree to submit the requested deposit, and in order to not delay the completion of the 9212 Report, city staff is also recommending that the City Council authorize city funding for the preparation of the 9212 Report. The total amount of funds needed to complete the analysis is not expected to exceed $150,000. Staff is recommending that $150,000 in city funding be allocated from the City Council Contingency fund and that the Administrative Services Director be authorized to appropriate the funds to the city manager's office. The Assistant City Manager, as project lead for the project, will oversee the disbursement of the funds as the third party reports are delivered to the respective city departments for review and oversight. ENVIRONMENTAL IMPACT: A citizen-led initiative is not subject to state environmental review regulations under the California Environmental Quality Act (CEQA). The timeframes mandated in the California Elections Code do not allow for the type of environmental review required by CEQA. This was challenged recently in the case Tuolumne Jobs & Small Business Alliance v. Superior Court (Wai-Mart). The state Supreme Court issued an opinion Aug. 7, 2014, affirming that CEQA does not apply to citizen-led initiatives, whether a city Agua Hedionda 85/15 Specific Plan May 19~2015 PageS ofS council adopts the citizen-led initiative measure directly or puts it to a vote. The court found that since both are state laws, and the Elections Code was established long before CEQA, that lawmakers would have known CEQA could not be applied to the initiative process due to time constraints. Instead, the Elections Code allows cities to request a "section 9212 report," which may include environmental analysis. However, initiative measure proponents may still conduct an environmental analysis, even though it is not required. In this case, an Environmental Analysis report in support ofthe Notice of Intent and the Initiative Measure for the Agua Hedionda 85/15 Specific Plan was voluntarily submitted to the city by the Proponents. Staff intends to complete a 9212 Report that evaluates and analyzes the impacts ofthe Initiative Measure, the Specific Plan, and the complete Environmental Analysis report that was voluntarily submitted. The completed 9212 Report will be considered by the City Council when the certificate of sufficiency of the petition is before them for consideration. The requested actions regarding the preparation of a 9212 report pursuant to the Elections Code, and related funding requests to obtain consultant services to assist in the review of documents submitted by the initiative measure Proponents are not subject to environmental review. EXHIBITS: A. Resolution No. 2015-127 B. Notice of Intent to Circulate a Petition C. Written Text of the Initiative Measure (without Exhibits; a complete copy of the Initiative Measure, including all Exhibits is on file with the City Clerk's office) D. Location Map 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2015-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING CITY STAFF TO: 1) INITIATE THE PREPARATION OF A REPORT PURSUANT TO ELECTIONS CODE SECTION 9212 (9212 REPORT) IN RESPONSE TO THE SUBMITIAL OF A NOTICE OF INTENT TO CIRCULATE A PETITION FOR A CITIZEN-LED INITIATIVE MEASURE FOR THE PURPOSE OF PROPOSING TO THE VOTERS OF CARLSBAD THE ENACTMENT OF THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL ("AGUA HEDIONDA 85/15 SPECIFIC PLAN"); 2) REQUEST A DEPOSIT FROM THE INITIATIVE MEASURE PROPONENT'S PRIMARY SPONSOR FOR THE PREPARATION OF THE 9212 REPORT; AND 3) TO CONTRACT WITH CONSULTANTS AS NECESSARY TO COMPLETE THE 9212 REPORT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO APPROPRIATE NECESSARY FUNDS FROM THE CITY COUNCIL CONTINGENCY FUND IN AN AMOUNT NOT TO EXCEED $150,000. WHEREAS, on May 12, 2015, Edmond W. (Bill) Dominquez, Maureen Simons, and Carlton Lund (Proponents), representing "Preserving Carlsbad Open Space The Right Way" submitted to the City Clerk's office a Notice of Intent to Circulate a Petition for a citizen-led initiative measure for the purpose of proposing to the voters of Carlsbad the enactment of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (Agua Hedionda 85/15 Specific Plan Initiative), and WHEREAS, the Proponents of the Agua Hedionda 85/15 Specific Plan Initiative Measure also voluntarily submitted an extensive Environmental Analysis report which includes 25 technical areas of analysis and evaluation, and WHEREAS, the California Elections Code Section 9212 allows City Council to request the preparation of a report {9212 Report) to examine the fiscal, land use, infrastructure and other impacts, and WHEREAS, the California Elections Code prescribes a limited time period to present findings of a 9212 Report once the certificate of sufficiency of the petition is presented to the City Council for consideration, and WHEREAS, given the magnitude and complexity of the proposed Initiative Measure and Specific Plan, the extent of the Environmental Analysis report, the high level of public interest anticipated, and the timelines prescribed in the California Elections Code, there is sufficient need to immediately begin preparation of the 9212 Report, rather than waiting until the certificate of sufficiency of the petition is presented to the City Council, and WHERAS, the early completion of the 9212 Report will serve to inform the City Council when the certificate of sufficiency of the petition is before them for consideration, and 1 2 3 WHEREAS, the completed 9212 Report will also serve to inform the public should the City Council ultimately decide to place the Initiative Measure on the ballot for consideration by the registered voters of the City of Carlsbad. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 4 California, as follows: 5 1. That the above recitations are true and correct. 6 7 8 9 10 2. That city staff is hereby authorized to initiate the preparation of a report pursuant to Elections Code Section 9212 (9212 Report) in response to the submittal of Notice of Intent to Circulate a Petition for a citizens-led initiative measure for the purpose of proposing to the Voters of Carlsbad the enactment of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail-"Agua Hedionda 85115 Specific Plan". 3. That city staff is hereby authorized to request a deposit from the initiative proponent's 11 primary sponsor for the preparation of the 9212 Report. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That city staff is hereby authorized to contract with consultants as necessary to complete the 9212 Report and the Administrative Services Director is authorized to appropriate necessary funds from the City Council Contingency fund in an amount not to exceed $150,000. SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. II II II II II II II II II 1 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City 2 of Carlsbad on the 19th day of May 2015, by the following vote to wit: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. M~ ATTEST: RECEIVED MAY 1 2 2015 NOTICE OF INTENT TO CIRCULATE PETITION CITY OF CARLSBAD c,-·y CLERK'S OFFICE Notice is hereby given by persons whose names appear hereon of their intention to circu a e a petition within the City of Carlsbad for the purpose of proposing to the voters of Carlsbad the enactment of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (hereinafter, the "Agua Hedionda 85/15 Specific Plan" or "Specific Plan"). A statement of the reasons of the proposed action as contemplated in the petition is as follows: This initiative protects and conserves the character of Carlsbad and provides access to open space by passing the Agua Hedionda 85115 Specific Plan. The Specific Plan affects approximately 203.4 acres of land between the south shore of the Agua Hedionda Lagoon and Cannon Road by protecting and conserving approximately 176.7 acres for open space, continuing and supporting strawberry farming and coastal agricultural (more than 85% of the Specific Plan area), and reserving approximately 26.7 acres (less than 15% of the Specific Plan area) for a new pedestrian- friendly outdoor retail, shopping, dining, entertainment, and recreation promenade -at no tax burden to Carlsbad residents. The Specific Plan provisions: (1) permanently protect and conserve approximately 176.7 acres for open space and the continuation of strawberry farming and coastal agriculture by requiring a permanent open space and agricultural easement granted to the City of Carlsbad, a qualified environmentally-focused non-profit organization, or public agency for open space and agricultural conservation purposes over approximately 155.1 acres of the Specific Plan area-with the remaining approximately 21.6 acres subject to an easement or deed restriction for open space and agricultural purposes in addition to allowing supporting improvements and uses including farm stand and farm-to-table dining options consistent with the Specific Plan; (2) provide Carlsbad residents and visitors low-impact public access to open space lands by providing passive recreation amenities including miles of new nature trails and walkways, picnic and rest areas, lagoon vistas, an outdoor classroom, parking, and an integrated resource and educational signage program; (3) require the approximately 155.1 acres within the open space and agricultural easement to be dedicated to one or more qualified environmentally-focused non-profit entities, land conservancy organizations, public agency, and/or farming and agricultural interests; ( 4) require the protected habitat, public access, and agricultural areas within the dedicated open space conservation land to be managed, operated, and maintained in cooperation with one or more qualified environmentally- focused non-profit entities, land conservancy organizations, land managers, agencies, and farming and agricultural interests; (5) provide for the continuation and support of strawberry farming and coastal agriculture within the Specific Plan area; (6) in addition to the approximately 176.7 acres of protected and conserved open space, provide Carlsbad residents and visitors with a pedestrian- friendly visitor-serving outdoor retail, shopping, dining, entertainment, and recreation promenade on approximately 26.7 acres within the Specific Plan area for a high-qmility, functionally integrated district designed to maintain a sense of community and contribute to Carlsbad's traditional "village" identity and beach community character; (7) use revenue sources generated by implementing the Specific Plan and/or from private sources to fund, in its entirety, the dedication, improvement, restoration, operation, and maintenance of the dedicated open space areas at no tax burden to Carlsbad residents; (8) require the open space dedication, improvement, and funding be established and in place prior to opening the visitor-serving commercial component of the Specific Plan; (9) require implementation of the environmental protection features p vided in the Specific Pl~n to~-~ d and reduce env~roniil~ntal impac.~s. 1 ~ -e• /) ' • • f ' ' ---') -J A If c'!;d:;l -~/~ -. -·f ··-·----~ d;.=_::!:_ -=:J--:_j-~M<U.~~/J11-'~Y _ ____J_,_____:___;IYf~ '--=--=--__:_--=: Bill ominguez Maureen Simons ! Carlton Lund RECEIVED The people of the City of Carlsbad do hereby ordain as follows: Section 1. Title. The title of this Initiative is the "Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) Initiative,'' sometimes referred to herein as the "'Agua Hedionda 85/15 Specific Plan Initiative" or the ·'AH-SP Initiative." Section 2. Purpose and Findings. The People of the City of Carlsbad tind and declare the following: The purpose of the AH-SP Initiative is to adopt the Agua 1-lcdionda South Shore Specific Plan for 85% Open Space and 15% Retail ("Agua Hcdionda 85/15 Specific Plan;· "AH-SP Specific Plan'" or ·'Specific Plan"'). and make conforming amendments to the General Plan ( 1994), Zoning Code, and to the Agua Hedionda Land Use Plan ( 1982). The Agua Hedionda 85/15 Specific Plan is proposed to the voters for adoption for the following reasons: I. The Agua Hedionda 85115 Specific Plan area is comprised of approximately 203.4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road in the City of Carlsbad. 2. The Specific Plan \Viii permanently protect approximately 176.7 acres, more than 85% of the Specific Plan area, for open space and the continuation of strawberry farming and coastal agriculture. 3. The Specific Plan's protection, conservation. and enhancement of the open space and agricultural land will be achieved through the Specific Plan itself and in cooperation with the City of Carlsbad. one or more qualified environmentally focused non-profit entities, land conservancy organizations. land managers. public agencies. or qualitied fam1ing and agricultural interests. 4. The intent is to permanently protect, conserve. restore. and/or enhance existing habitat, sensitive species, and riparian/wetland resources: and provide for the continuation of coastal agriculture and strawberry fam1ing. consistent with the City's open space and agriculture heritage. 5. Portions of the designated open space and agricultural land will become an integral part of the Specific Plan area. and low-impact public access will allow for passive recreation amenities. including miles of new nature trails and walkways. picnic and rest areas, lagoon vistas, an outdoor classroom. roadway. restroom facilities, parking, farm-to-table dining, farm stand, and an integrated resource and educational signage program for use by the entire Carlsbad community. 6. The remaining approximately 26.7 acres. or less than 15% of the Specific Plan area. will include a new pedestrian-oriented outdoor visitor-serving commercial, shopping. dining, and entertainment promenade ("Outdoor Shopping. Dining. and Entertainment Promenade""). 7. The Outdoor Shopping. Dining, and Entertainment Promenade facilitates a high-quality, functionally integrated district that is distinctive, creates a sense of community. and contributes to Carlsbad's traditional "village" identity and beach community character. while prioritizing protection and conservation of open space lands. the continuation of strawberry fanning and coastal agriculture. and the protection of the natural environment through the Specific Plan. 8. The Specific Plan includes up to 585.000 square feet of new visitor-serving commercial. shopping. dining. entertainment, and recreational uses. 9. The Specific Plan's vision is to provide permanent open space protection and conservation. combined with the highest standards for environmental protection to support Carlsbad" s open space and agricultural heritage, along with a modern, sustainable Outdoor Shopping. Dining, and Entertainment Promenade with an innovative building design that provides distinctive visitor- serving commercial, shopping, dining. entertainment. recreation, and environmental benefits for the entire Carlsbad community. 10. The Specific Plan establishes revenue sources from the Specific Plan's visitor-serving commercial uses. and/or from private funding. to dedicate, improve, restore. operate, and maintain in perpetuity the dedicated open space areas at no tax burden to Carlsbad residents. I I. The Specific Plan open space requirements. funding mechanisms. and other public infrastmcture (as referenced in the Specific Plan) must be satisfied prior to the issuance of any certificate of occupancy for the visitor-serving commercial component of the Specific Plan. 12. Implementation of this Initiative will protect the public health. safety and welfare. and the quality of life for the People of the City ofCarlshad. as set forth above. Section 3. City of Carlsbad General Plan Amendments. A. Land Use Element Amendments. The voters hereby amend the Land Use Element and Land Use Map of the General Plan of the City of Carlsbad as follows (new language to be inserted into the General Plan is shown as underlined text. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS language to be deleted is shown in sft'iked!Feugh telft; text in regular or bold type reflects the existing General Plan text and is provided for informational/reference purposes): Map 2-General Plan Land Use Map, a copy of which is attached for informational purposes only at page A-I of Exhibit A hereto, is amended to redesignate approximately 203.4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road in the City of Carlsbad from Travel/Recreation Commercial (TR) and Open Space (OS) to Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP), as set forth on page A-2 of Exhibit A (page A-3 of Exhibit A is for informational purposes only). Section II ("Description of the Land Use Plan"), subsection C ("Land Use Classifications"), is amended as follows: The following new land use classification is added: AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL CAH-SP). Table I: Quantitative Breakdown of Existing Land Use Map, is amended as set forth in Exhibit B hereto, to note that adoption of the Agua Hedionda 85/15 Specific Plan removed approximately 21.6 acres from the commercial uses permitted in the "Travel/Recreation Commercial" designation, and redesignated them for open space and agricultural support uses, and that the land uses in the AH-SP designation are reflected in Chapter 3 of the AH-SP Specific Plan. Subsection 3 ("Commercial"), last paragraph is amended as follows: In prior versions of this General Plan, the City recognized two types of local shopping centers: neighborhood and community. In 2001, however, these two categories were merged into a single category called "local shopping center." The typical characteristics of local, general and regional commercial land uses are shown in the following Table 3: Guidelines for Commercial Land Uses. The three types are described in more detail in the following sections. The commercial land uses governing the AH-SP designations are described in Chapter 3 of the Agua Hedionda 85/15 Specific Plan. are applicable only in the Specific Plan area. and are not included in the Guidelines shown in Table 3. Table 3: Guidelines for Commercial Land Uses, is amended as set forth in Exhibit C hereto, to note that the commercial land uses governing the AH-SP designation are described in Chapter 3 of the Agua Hedionda 85115 Specific Plan, are applicable only in the Specific Plan area, and are not included in the Guidelines shown in Table 3. New subsection 12 is added as follows: 12. AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RET AIL CAH-SP) This classification of land use designates an area consisting of approximately 203 .4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road ("Specific Plan Area"). The AH-SP designation permanently protects and conserves approximately 176.7 acres of the 203.4-acre Specific Plan Area. approximately 85% of the Specific Plan Area. for open space and the continuation of strawberrv farming and coastal agriculture. The remaining approximately 26.7 acres. approximately 15% of the Specific Plan Area. will allow visitor-serving commercial uses. A complete discussion of this land use classification is contained in the AH-SP Specific Plan. In Section III ("Goals, Objectives and Implementing Policies & Action Programs"), the following new section is added: AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL CAH-SP) The overall purnose of the AH-SP designation is to permit implementation of the AH-SP Specific Plan to facilitate the protection and conservation of open space and agriculture. and the development of visitor-serving commercial. shopping. dining, entertaimnent. and recreation uses consistent with the policies adopted in the: (a) Carlsbad General Plan; (b) Carlsbad Growth Management program, established in 1986 and as amended; (c) Carlsbad Local Facilities Management Plan Zone 13. adopted in 1992 and as amended in 1995: (d) California Coastal Act of 1976 and as amended; and (e) Agua Hedionda Land Use Plan. adopted in 1982 and as amended. The AH-SP Specific Plan property is uniquely situated to serve Carlsbad's agriculture, 2 \\ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS open space. and recreation needs. along with the visitor-serving commercial. shopping. dining. recreation. and entertainment needs of the entire Carlsbad communitv. The Goals and Objectives of the AH-SP designation are set forth in the AH-SP Specific Plan and are realized through implementing the Specific Plan. Section III ("Goals, Objectives and Implementing Policies & Action Programs"), "Overall Land Use Pattern," is amended as follows: Under subsection A ("Goals"), new goal A.4 is added as follows: A.4 A Citv which protects. conserves and enhances the environment. character. and land use goals applicable in the AH-SP designation. and supports and enhances the economic viabilitv of the communitv as set forth in the AH-SP Specific Plan. Under subsection 8 ("Objectives,"), new objective 8.4 is added as follows: 8.4 To protect. conserve and enhance the environment. character. and land use objectives applicable in the AH-SP designation. and support and enhance the economic viabilitv of the community as set forth in the AH-SP Specific Plan. Under subsection C ("Implementing Policies and Action Programs"), new Implementing Policy and Action Program C.21 is added as follows: C.21 Implement the policies and action programs set forth in the AH-SP Specific Plan to conserve and enhance the environment. character. and land use objectives applicable in the AH-SP designation. and support and enhance the economic viability of the community. Section III ("Goals, Objectives and Implementing Policies & Action Programs"), "Growth Management And Public Facilities," subsection C ("Implementing Policies and Action Programs"), C.l is amended as follows: C.l Permit the approval of discretionary actions and the development of land only after adequate provision has been made for public facilities and services. In the AH-SP designation. this Policy and Action Program is governed by the AH-SP Soecific Plan. which satisfies the intent of the General Plan and this oolicy through provisions for compliance with the Zone 13 Local Facilities Management Plan. Section III ("Goals, Objectives and Implementing Policies & Action Programs"), "Environmental," subsection C ("Implementing Policies and Action Programs"), C.6 is amended as follows: C.6. Ensure the preservation and maintenance of the unique environmental resources of the Agua Hedionda Lagoon while providing for a balance of public and private land uses through implementation of the Agua Hedionda Land Use Plan and the AH-SP Specific Plan. B. Open Space and Conservation Element Amendments. The voters hereby amend the Open Space and Conservation Element of the General Plan of the City of Carlsbad as follows (new language to be inserted into the General Plan is shown as underlined text. language to be deleted is shown in stril<etRFeHgk teJtt; text in regular or bold type reflects the existing General Plan text and is provided for informational/reference purposes): Section II ("Framework for Open Space & Conservation Planning"), is amended as follows: Under subsection A ("Open Space Definition and Classification System"), the following new category is added: CATEGORY 6: The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation. Chapter 3 of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) ("AH-SP Specific Plan") contains a description of the open space land uses with in this designation. Under Subsection 8 ("Protection of Open Spa9e Lands"), Table I: Regulatory Open Space Protection, is amended as set forth in Exhibit D hereto, to note the Agua Hedionda South Shore 3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Specific Plan for 85% Open Space and 15% Retail (AH-SP) is subject to environmental regulation as reflected in the Specific Plan. Under Subsection F ("Citywide Open Space Plan"), Tables 2 and 3 are amended as follows: Table 2: Existing and Constrained Open Space Acreages, is amended as set forth in Exhibit E hereto, to note the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation is within Zone 13. The open space in the AH- SP designation is described in the AH-SP Specific Plan. Table 3: Future Open Space Action Priorities, is amended as set forth in Exhibit F hereto, to note that, with regard to land use designation AH-SP, the Zone 13 priorities are implemented through the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail that specifies open space preservation, management, recreation, education, and health and safety as well as funding for implementation. The following new category is added: CATEGORY 6: The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail CAH-SP) Chapter 3 of the AH-SP Specific Plan contains a description of the open space land uses within this designation. In Section III ("Goals, Objectives & Implementing Policies & Action Programs"), the following new subsection is added: AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL (AH-SP) The AH-SP Specific Plan contains the Goals. Objectives, and Implementing Policies and Action Programs applicable to the open space land use designations in the Specific Plan area. Section III ("Goals, Objectives & Implementing Policies & Action Programs"), "Promoting Agriculture," subsection 3 ("Implementing Policies and Action Programs"), C.16 is amended as follows: C.l6 Prior to the approval of discretionary pennits within an existing or fonner agricultural area in Carlsbad, a detailed soils testing and analysis report shall be prepared by a registered soils engineer and submitted to City and County Health Departments for review and approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or storage of agricultural chemicals restricted by the San Diego County Department of Health Services. The report shall also identify a range of possible mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected at concentrations in the soil which would have a significantly adverse effect on human health. This Policy and Action Program does not apply in the AH-SP designation. which is governed by the AH-SP Specific Plan. Section IV ("Maps") is amended as follows: The Official Open Space & Conservation Map, a copy of which is attached for infonnational purposes only at page G-1 of Exhibit G hereto, is amended to reflect the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation, and to note the open space land uses established in the AH-SP designation are reflected in Specific Plan Figure 3.0-1 (see Exhibit Q hereto). The Official Open Space & Conservation Map, as amended by this Initiative, is attached hereto at page G-2 of Exhibit G. The Conceptual Open Space & Conservation Map, a copy of which is attached for infonnational purposes only at page H-1 of Exhibit H hereto, is amended to reflect the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation, and to note the Conceptual Trails and Circulation Plan in the AH-SP designation is reflected in Specific Plan Figure 3.0-4 (see Exhibit Q hereto). The Conceptual Open Space & Conservation Map, as amended by this Initiative, is attached hereto at page H-2 of Exhibit H. C. Parks and Recreation Element Amendments. The voters hereby amend the Parks and Recreation Element ofthe General Plan of the City of Carlsbad as follows (new language to be inserted into the General Plan is shown as underlined text, language to be 4 ,· -, INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS deleted is shown in wilied!Fel:lglt te~it; text in regular or bold type reflects the existing General Plan text and is provided for informationaVreference purposes): Section I ("Introduction"), subsection G ("Park Inventory Introduction"), Part 3 ("Regional Open Space Parks"), is amended as follows: 3. REGIONAL OPEN SPACE PARKS Three of the City's Special Resource Areas and one community park (Lake Calavera, Agua Hedionda Lagoon, Batiquitos Lagoon and Veterans Memorial) have been identified as Regional Open Space Parks in addition to their primary city park classification. These sites have been identified as Regional Open Space Parks consistent with the recommendations of the San Diego Association of Governments' (SANDAG) report, Regionally Significant Open Space-Definition. Although parks have been identified as part of the regional park system, they will continue to function pursuant to their primary park classification as identified above. The identification of a city park as a Regional Open Space Park simply denotes that the park is part of the region's park system. A oortion of the lands south of the Agua Hedionda Lagoon are subject to the Agua Hedionda South Short Soecific Plan for 85% Open Soace and 15% Retail. which defines and regulates the open space uses in the Specific Plan area. A regional park is a major park that may contain any one or combination of such attributes as natural beauty, unique topographic features, historical structures or unusual scenery. Such parks are usually developed for at least two outdoor activities, but the greatest part of the acreage may remain as undeveloped open space. Usually a regional park has at least 200 acres, 50 acres of which are developable. The size may be smaller for unique regional resources. In Section I ("Introduction"), subsection G ("Park Inventory Introduction"), the following new Part 4 is added: 4. THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND IS% RETAIL (AH-SP) The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) area consists of approximately 203.4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road in the Citv. The AH-SP Specific Plan will permanently protect and conserve approximately 176:7 acres of open space and agricultural lands. The intent of the AH- SP designation and the open space areas and uses within the designation are described in the AH- SP Specific Plan. Section I ("Introduction"), subsection I ("Facility Standards") Table 2 is amended as follows: Table 2: Facilities Standards, is amended, as set forth on Exhibit I hereto, to note that standards and uses in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation are set forth in the Specific Plan. In Section II ("Goals, Objectives and Implementing Policies and Action Programs"), the following new section is added: THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15% RETAIL CAH-SP) The Agua Hedionda South Shore Specific Plan for 85% Open Soace and 15% Retail (AH-SP) area consists of approximately 203.4 acres between the south shore of the Aqua Hedionda Lagoon and Cannon Road in the Citv. The AH-SP designation will permanently protect and conserve approximately 176.7 acres for open space lands. strawberrv farming. and coastal agriculture. The intent of the AH-SP designation and Goals. Objectives. and Implementing Policies and Action Programs for the open space areas within the AH-SP designation are described in the AH-SP Specific Plan. Section II ("Goals, Objectives and Implementing Policies and Action Programs"), "Recreation Programs," subsection B ("Objectives"), BJ is amended as follows: BJ To provide for safe recreational use at the Agua Hedionda Lagoon on a partially self- sustaining basis. and through implementation of the AH-SP Specific Plan in the Specific Plan area south ofthe Lagoon in accordance with the financing provisions and the regulations set forth in the Specific Plan. 5 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Section II ("Goals, Objectives and Implementing Policies and Action Programs"), "Special Resource, Open Space and Cultural-Historical Areas," is amended as follows: Subsection B ("Objectives"), is amended as follows: B. OBJECTIVES B.l To improve the recreational and educational potential of the City's three (3) lagoons and beach areas. 8.2 To develop the Lake Calavera Area (252 acres) with interpretive nature trails and passive recreational use, if feasible. 8.3 Te eRteF iiHe &Rd lfl&iRtlliR egreelfleRts •NitA SDG&E te est&Biisk eeeess te &Rd eleRg tke se11tkeest side efAg~~elledieRBII LegeeR, seeldRg !eRg tef!flleese peFieds. 8.4 Te eRter iiHe BRd lfl&iRtlliR egreelfleRts with SDG&E te est&Biisk eeRReetiRg eeeess l!ef"weeR Veteflll!s Me!fleriel Pllfk llftd the SeHtke&St side efAg1111 HedieRd& L&geeR. 8.S Te JIFe'lide limited JIHI!Iie eeeess te tke wetl!mds eftl!e Ag11a HedieRda LegeeR fer the JIHFJiese eh·isiter llttfaetieRs sHell as iRtl:lFJ!Fetive eeRteFS, l!eardw&ll<S, ete. B.&.J, To ensure that Special Resource, Open Space and Cultural/Historic Areas meet the needs of Carlsbad residents, tourists and employees in the City of Carlsbad. B.4 To provide public access to the Agua Hedionda Lagoon and adjacent lands to the south of the Lagoon under the regulations contained in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP). Under subsection C ("Implementing Policies and Action Programs"), C.l is amended as follows: C.l Require that offers to dedicate or requests to enhance and/or develop open space areas for recreation purposes be reviewed by both the Parks and Recreation Commission and Planning Commission, and if deemed appropriate, recommended to the City Council for their discretionary approval. This Policy and Action Program does not apply in the AH-SP designation. which is governed by the AH-SP Specific Plan. Section IV ("Maps") Map 1 is amended as follows: The Citywide Parks and Recreation Map ("Map 1 "), a copy of which is attached for informational purposes only at page J-1 of Exhibit J hereto, is amended to redesignate a portion of the area between the Agua Hedionda Lagoon and Cannon Road as Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP), as set forth on page J-2 of Exhibit J hereto. Section V ("Tables") Table 5 is amended as follows: Table 5, ("Uses in Recreation Areas"), "Page #4," Chart titled, "Existing-SRA," is amended, as set forth in Exhibit K hereto to note that the recreational uses in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) designation area are set forth in the Specific Plan. Section 4. Amendments to Agua Hedionda Land Use Plan. The voters hereby amend the Agua Hedionda Land Use Plan as follows (new language to be inserted into the Agua Hedionda Land Use Plan is shown as underlined text, language to be deleted is shown in stFiloetRFellgk t~<t; text in regular or bold type reflects the existing General Plan text and is provided for informational/reference purposes: The title page of the Agua Hedionda Land Use Plan is modified to add the following text to reflect the amendment of the plan by the Agua Hedionda 85/15 Specific Plan Initiative as follows: The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail <AH-SP) By Initiative. 20 15 Section I ("Introduction"), subsection I ("Plan History"), is amended as follows: The Agua Hedionda Land Use Plan was originally developed as a pilot local coastal plan under a $16,000 grant from the California State Coastal Commission. The Plan was formulated as a joint effort between property owners, the City of Carlsbad and the Coastal Commission. Following 6 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS numerous public hearings and workshops, the plan was submitted by the City to the Coastal Commission in October, 1977. Several public hearings regarding the Plan were conducted by the Regional and State Coastal Commissions, and the Plan was returned to the City with 32 conditions of approval (32 issue areas requiring modification to meet the requirements of the Coastal Act). In response to the State Coastal Commission's actions regarding the Plan, the Carlsbad City Council suggested setting up a Negotiating Committee to resolve unsettled issues. The Negotiating Committee, including City and Coastal Commission staff members and elected representatives, began meeting on July 6, 1979. The final meeting of the Negotiating Committee occurred in November, 1980, and resulted in a revised version of 24 conditions of approval resolving the majority of unsettled issues. This Plan represents a synthesis of the original Plan, incorporating the negotiated conditions of approval, and utilizing the format of the City-modified Carlsbad Local Coastal Plan, prepared by the firm ofPRC Toups. Attachment 1 provides a complete chronology ofthe development and past procedural aspects of the Plan. In 2015, an initiative was adopted enacting the Agua Hedionda South Shore Specific Plan for 85% Open Space and IS% Retail to govern approximately 203.4 acres within the area of the existing Agua Hedionda Land Use Plan fLUP>. The AH-SP area consists of203.4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road. These lands are exclusively regulated by the Agua Hedionda South Shore Specific Plan for 85% Open Space and I 5% Retail. Section I ("Introduction"), subsection 2 ("Scope"), is amended as follows: Each of the IS counties and 53 municipal jurisdictions along the California coast are required to prepare a Local Coastal Program (LCP). The LCP consists of a local government's Land Use Plans, Zoning Ordinance and Zoning which meet the requirements, and implement the provisions and policies ofthe California Coastal Act. The LCP consists oftwo principal components: (I) the Land Use Plan and (2) Implementing Ordinances. This portion of the Agua Hedionda LCP is meant to fulfill the requirements for a Land Use Plan. Implementation will be considered at a later date, subsequent to City and Coastal Commission review and approval of the Land Use Plan. The Carlsbad Coastal Zone, as a result of legislative action, has been segmented into four distinct planning areas (see Exhibit "A"). These are as follows: • Agua Hedionda LCP Segment I, I 00 acres; • Mello Bill Local Coastal Plan Area I ,000 acres; • San Dieguito LCP (County of San Diego) 1,191 acres; and • City of Carlsbad Local Coastal Plan 5,387 acres. This plan addresses only those issues pertaining to the I, I 00 acre Agua Hedionda Local Coastal Plan area, except the AH-SP Soecific Plan addresses issues in the AH-SP area, approximately 203.4 acres. Section II ("Background"), is amended as follows: Subsection 3 ("Carlsbad General Plan: Goals and Policies"), is amended as follows: The Carlsbad General Plan provides the broad guidelines and goals which shape and direct the future growth of the City. The General Plan recognizes the unique environmental status of the lagoon and its environs, designating the entire shoreline, and a majority of the flood-plain area and the south shore properties as "open space." The General Plan fttRher Fl!ljllires previously required the development of a specific plan for the lagoon area, and Elesigaates designated the entire Agua Hedionda Plan area as a "special treatment area." Such a specific plan. the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail fAH- SP), was adopted by initiative. In order to provide consistency with other areas of the City, and to allow for the eventual integration of the contents of this Plan with the overall General Plan, the specific plan must address relevant aspects ofthe General Plan. A new subsection S is added as follows: 7 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 5. Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH- SP): Goals and Policies The AH-SP designation facilitates protection and conservation of open space and agriculture. and the development of improvements consistent with the adopted policies of the Carlsbad Specific Plan. the Coastal Act and this LUP. The AH-SP recognizes the unique location of the AH-SP area. and its abilitv to serve Carlsbad's agriculture. open space. and recreation needs. along with the visitor-serving commercial. retail. shopping. dining. and entertainment needs of the entire Carlsbad communitv. The AH-SP area consists of approximately 203.4 acres between the south shore of the Agua Hedionda Lagoon and Cannon Road. The AH-SP will permanently protect and conserve approximately 176.7 acres of ooen space and agricultural lands. in cooperation with the Citv of Carlsbad. one or more qualified environmentally focused non-profit entities. land conservancy organizations. land managers. public agencies. and qualified farming and agricultural interests. The remaining approximately 26.7 acres includes a pedestrian-oriented visitor-serving outdoor shopping. dining. and entertainment promenade that creates a high-quality. functionally integrated district that is distinctive. creates a sense of community. and contributes to Carlsbad's traditional "village" identity and beach community character. The Agua Hedionda South Shore Specific Plan for 85% Ooen Space and 15% Retail (AH-SP) serves as the zoning for the entire AH-SP area. Section III ("Land Use Plan"), subsection !("Land Use"), is amended as follows: Exhibit B, "Land Use Plan Area Map," a copy of which is attached for informational purposes only at page L-1 of Exhibit L hereto, is amended only to reflect the redesignation of the area south of the Agua Hedionda Lagoon and north of Cannon Road as Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP), as set forth on page L-2 of Exhibit L hereto. Exhibit C, "Land Use Plan Map," a copy of which is included as Exhibit M-1 of Exhibit M hereto, is amended only to reflect the removal of the land use designations ofTS and OS south of the Agua Hedionda Lagoon, and north of Cannon Road, and redesignation of the area as Habitat Management Plan Open Space (HMP-OS), Passive Open Space (P-OS), Exclusive Agricultural Open Space (EAG-OS), Agricultural Support Open Space (AGS-OS), and Visitor-Serving Commercial (VSC), as set forth on Exhibit M-2 hereto. Policy I. 7 is amended as follows: I. 7 The ftfe8 desigsatee "CeJBJBIIBit,· Pllfk" shall be zeBee epeB spaee (OS). The areas designated Habitat Management Plan Open Space (HMP-OS). Passive Open Space (P- OS). Exclusive Agricultural Open Space (EAG-OS). and Agricultural Support Open Space (AGS-OS). are regulated by the AH-SP Specific Plan. Uses iB tilis B:Fea shall be reg~~lated b~· tile epeB spaee i!Sefte lifts shall be sited so that there are no significant adverse impacts on agricultural lands, wildlife habitats and environmentally sensitive areas. Policy 1.9 is amended as follows: 1.9 Building height shall be limited to a maximum of35 feet. Notwithstanding the foregoing sentence. building height in the AH-SP area shall be governed by the AH-SP Specific Plan. Building setbacks and lot coverage shall be regulated by the applicable zoning designation, except as specifically modified in this plan. or as set forth jn the AH- SP Specific Plan. Policy 1.10 is amended as follows: 1.10 Development of the "AH-SP" designated propertv shall be regulated as follows: Approximately 26.7 acres of the +lte45 acre parcel e·.vBee b'' SDG&e located on the south shore immediately east of the freeway ~ ~esignated TS, Tfa>1el SeF¥iees VSC. Visitor-Serving Commercial. as outlined in the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP Specific Plan). adopted by initiative. Conversion of the property to commercial development~ sftaH...9e subject to a futi!Fe speeif'ie plaR the AH-SP Specific Plan and the applicable policies contained in the Specific Plan relating to agricultural conversion. A ftifltre speeif'ie plaR Ylillee FeEJIIired 8~· the Cit,· far eeYelepJBeRt efthe prepe~·. 8 \~ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The remaining approximately 176.7 acres shall be protected and conserved as open space. . agricultural lands. and agricultural support uses so as to minimize and avoid any significant adverse effects to agricultural lands, wildlife habitats. and environmentally- sensitive areas. Section III ("Land Use Plan"), subsection 2 ("Agriculture"), "Policies," is amended as follows: 2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, ftftd the policies of this plan. and the goals/objectives/oolicies set forth in the AH-SP Specific Plan. which exclusively control in the Specific Plan area. 2.2 The south shore agricultural lands shall be re-designated "Opea Spaee. ", as reflected on the Land Use Plan map. This area shall be zoned "~elusiYe AgrieultuFe" ia the implemeatetiea phase efthe pi&Has reflected in the AH-SP Specific Plan. 2.3 Conversion of the approximately 26.7-%-acre SOO&E south shore property designated VSC on the Land Use Plan map shall be subject to the fellewiag conditions set forth in the AH-SP Specific Plan . .; a) Prier te ae .. ·elepmeRt SOO&J; shall reeera a peflft&neRt epea SJ!aee easemeat eYer the remaiaiag BgFieultuftll Iimas ia fit>rer efthe City ef Carl shall. Saill easemeRt skalllimit uses te &grieulture, uti lit,· Fight ef we, &HIImaiatea&Hee, Fe&ewa,'S, BREI reeFeatieH trails fliRt Ele aet interfere v. ith llgt'ieukuflll epeFtltiens. e) SDG&E skill! J!Fe''iae II written reJ!eft aemeastrating te the satisfuetieR aftke Cit,·, that presep,·atien ef the site is aet neeessary te BSSUre Fe&SBRIIele e!tf!BHsien BJ!J!Bftltaities fer the Eneina Pe·.ver PlaRt ia aeeeraBRee with Ceastal Aet Seetien 39413(8), BRa that future e!tpBRsien eeul8 reasenabl)' ee aeeemmeaatea 11t the Jlreseat J!Bwer plaat site. Saie reJ!leFt slt&ll ee a reEtuiremeat ef a futuFe SJ!leeifie deYelepmeRt plan fer the preJlefty. e) PFier te iss1111Ree ef 11 J!leflftit fer eeYeleJ!meat ef the pareel , the e·,yaer sh11llmBIEe a flBFtien ef the site lt"railable fer aeYelepmeRt as 11 piiBiie reereatien11luse if the City finds that e11rreRt er fllture reereatienal aeeds FeEtuire the deYelaJ!lment ef sueh uses in the seuth share flBFtian ef the L11all Use PIBH liFe&. 8) ln tke enRt that tke Carlsead bee~~) Ceastel Pl11n is amended te allew fer a City SflBRseree BgFiellltuftll flFBgftlffi, SDG&E m11y llflflly fer ineliiSian in the Blfteallell J!lrBgt'IIIR. Section III ("Land Use Plan"), subsection 3 ("Environmentally Sensitive Habitats, Water, And Marine Resources"), is amended as follows: Policy 3-13-1.12 is amended as follows: 3-13-1.12 Buffers and Fuel Modification Zones Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths. except within the AH-SP area, shall be provided as follows: a. I 00 feet for wetlands b. SO feet for riparian areas c. 20 feet for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland). Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes ofthe buffer. The California Department ofFish and Game, the U.S. Fish and Wildlife Service, and the Coastal Commission staff shall be consulted in such buffer determinations. 9 \~ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS No development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: a. Fuel modification Zone 3 to a maximum of20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian area, wetlands or oak woodland. b. Recreation trails and public pathways within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. Notwithstanding the foregoing Policy 3-13-1.12. the AH-SP area is regulated by the AH- SP Specific Plan. which controls buffers. signage. and fencing within the Specific Plan area. New Policy 3-15 is added as follows: 3-15 Design Guidelines for the Propertv within the AH-SP area. 3-15-1.1 The AH-SP Specific Plan contains the exclusive permitted design guidelines for development within the AH-SP area. Section III ("Land Use Plan"), subsection 4 ("Geologic Hazards"), "Discussion," is amended as follows: This portion of the Land Use Plan addresses the need to regulate development activities in areas of geologic instability, or other potential geologic hazards. Geologic issues relative to the Agua Hedionda area include flood hazards, soil erosion, sedimentation, alteration of natural landforms, the regulation of grading, and development of steep slope areas. Development projects within the AH-SP area shall be governed by the site design principles contained in the AH-SP Specific Plan. Grading permits in the AH-SP area shall also be governed by the regulations contained in the AH-SP Specific Plan. The eastern end of the lagoon contains extensive flood plain areas. These are currently regulated through the City's Flood plain overlay zone, and are largely undeveloped except for agricultural uses. Erodibility of soils, and the resulting sedimentation, are of concern to maintaining the lagoon ecosystem. The lagoon owes its present depth and configuration to the dredging and removal of 310,000 cubic yards of sedimentation in 1952 to 1954. The principal source of sedimentation in the lagoon is from beach sand entering the lagoon mouth. This impact is somewhat minimized by continued maintenance dredging of the outer lagoon. Soils having moderate to high erodibility characteristics are largely limited to floodplain areas to the east, and agricultural lands to the southeast. Development activities, especially during the construction phase, are particularly vulnerable to erosion problems. Regulation of grading activities can mitigate many of the adverse impacts associated with construction. Developments which make provisions for minimal disturbance of natural landforms, drainage swales and steep slopes, will generally not require extensive engineered structures to control drainage and erosion. While engineered structures such as catchment basins, desilting basins, subsurface drains, etc., are often times effective in controlling excess runoff, careful provision must be made for the maintenance and management of such structures in order to assure long-term effective operation. Section III ("Land Use Plan"), subsection 5 ("Public Works"), is amended as follows: The part titled "Parking Lots" is amended as follows: Parking Lots Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with 25 or more parking spaces, susceptible to stormwater, shall: 10 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS a. Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from storm water leaving the developed site, prior to such runoff entering the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Practices Handbooks (Commercial and Industrial). )2. The AH-SP Specific Plan contains detailed regulations for parking lots and stormwater management within the Soecific Plan area. Those regulations exclusively control in the Specific Plan area. New policy 5.11 is added as follows: ill The AH-SP Specific Plan contains detailed regulations for public works in the Specific Plan area. Those policies exclusively control in the Soecific Plan area. Section III ("Land Use Plan"), subsection 6 ("Recreation and Visitor-Servicing Facilities"), Policy 6.3 is amended as follows: 6.3 The !mG&B BgFietdll.iFBI eeR¥ersieR property within the AH-SP area adjacent to the I-5 freeway, is shall ~e designated TFB¥el SeFYiees Visitor-Serving Commercial. This will allow for #-26. 7 acres of additional visitor-serving commercial uses. Section III ("Land Use Plan"), subsection 7 ("Shoreline Access") is amended as follows: Policy 7.1 is amended as follows: 7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be installed at the locations indicated on Exhibit I. In the AH-SP Specific Plan Area. the Specific Plan exclusively controls location and of bicycle routes and accessory facilities. Policy 7.2 is amended as follows: 7.2 Pedestrian access ways shall be located as shown on Exhibit J. In the AH-SP Specific Plan Area. the Specific Plan exclusively controls pedestrian access ways. Policy 7.9 is amended as follows: 7.9 Access Signing All public use areas shall be clearly identified through a uniform signing program, to be carried out by the City of Carlsbad or as a condition of individual private developments. Signs or other devices on public or private property which might deter use of public access areas shall be prohibited within the Agua Hedionda Plan area. unless otherwise allowed by the AH-SP Specific Plan. New policy 7.14 is added as follows: 7.14 The AH-SP Specific Plan contains detailed regulations for shoreline access in the Specific Plan area. Those policies exclusively control in the Specific Plan area. Exhibit I, "Bike Route Plan," is attached for informational purposes only at page N-1 of Exhibit N hereto. The Bike Route Plan is amended to reflect the Agua Hedionda South Shore Specific Plan for 85% Open Space and IS% Retail (AH-SP) area, and to note the Bike Route Overlay in the AH-SP area is reflected in Specific Plan Figure 3.0-l (see Exhibit Q hereto). The amended Bike Route Plan is attached at page N-2 of Exhibit N hereto. Exhibit J, "Pedestrian Access Plan," is attached for informational purposes only at page 0-l of Exhibit 0 hereto. The Pedestrian Access Plan is amended to reflect the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) area, and to note the Conceptual Trails Plan in the AH-SP area is reflected in Specific Plan Figure 3.0-4 (see Exhibit Q hereto). The amended Pedestrian Access Plan is attached at page 0-2 of Exhibit 0 hereto. II lNlTlATIVE MEASURE TO BE SUBMJTTEO DIR.EC'fl. \'TO THE VOTERS St'Ction Ill ("'Land Use Plan"), subsection 8 (''Visual Resources and I II Storie Preservation-), '•Discussion." is amc:nded as follows: Discussion The Agua Hedionda Plan area affords a muhitude of excellent views nnd vistas. The lagoon itself can be viewed !Tom most locations within the plan area.. and several nonh shore properties provide vistas of the lagoon and ooean. Carlsbad Aoulevard rrovides for unob~tructed views of the ocean and outer lagoon, and Adams Avenue on the north shore provides sweeping vistas of the inner lag04.JO and south shore agricultural areas. 1l1ere llfe no historic stnJctures in the nrea. but there arc severn] significant nrchaeological sires. Indian history Mound Agua Hediooda Lagoon dates bock more than 9,000 years and represents the best known example of the transition from a game hunting culture to a shell fish and plant gathering economy. Indian middens and campsites llfOund the lagoon have attracted considerable llfthoeological interest. although a number of the sites have not been thoroughly examined :md documented. The Agua Hedionda Environmental Impact Report contains an analysis of archaeological sites, and site-spt.>cilic mitigation measures. These have been incorporated into this phm. and are contained in Attachment 2. Approxjmutely 203.4 acres ofland between the south shore of the Agua Hedionda kagoon and Cannon Road qre rellUiated by the AH-SP Specific Plan. which contains detailed regulations concerning vjsunl resources and archaeological sites. Notwithstanding the oolicies in this subsection. the provisions of the AI 1-SP Specific Plan exclusively control the Specific Plan area. Park Drive, Adams Avenue, Carlsbad Boulevard and 1::1 Camino Real have been designated as potential scenic roadways in the Carlsbad General Plan. These roods will be subject to special landscape provtsions and design criteria. S«rioo S. Ameodmeot to tbe Zoni:ng Code oftbe City of Car1sbad. The Zoning Map of the Zoning Code, Title 21 of the Code of Ordinances of the City of Carlsbad, a copy of vlhich is atulched for informational purposes only at page P-1 of l!~ibit P hereto. IS amended to change the zoning of approximately 203.4 acres between the soutlt shore oft he Agua Hedionda Lagoon and Cannon Road in the City of Carlsbad to Agua Hedionda South Shore Specific Plan for 85% Open Space and I 5% Retail (AH-SP), as set forth on page P-2 of Exhibit P hereto (page P-J of Exhibit P hereto is for informational purposes only). By adopting the AH-SP r.oning for the propeny, the voters intend to rescind, and do hereby rescind, the existing zoning for the rrorerty, and to replace that zoning with the Agua Hedionda South Shore Specific Plllll for 85% Open Space and 15% Retail (AH-SP} zoning. as follows: General Plan Specific Plan Desi~natioo Znnln~ Desil!nation Habitat Management Plan Ooen Space AH-SP IlMP-OS Passive Onen Space AJI-SP P-OS Exclusive AIUiculture Open Space AH-SP EAG-OS Agricultural Support Open Soace AH-SP AGS-OS Visitor-Servin11-Commercial A l-I-SP VSC cction 21.05.010-Names of l.ones. ofTitJe 21 of the Code of Ordinances of the City of Carlsbad is amended to add the abbreviation and name of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) zone as follows: AI I-SP Agua Hetlionda South Shore Soecjfie Plan for 85% Open Space and 15% Retail (AH-SP) area. including Habitat Management Plan Open Space CHM!l-OSl zone. Passjve Open Space CP-OSl zone. Exclusive Agrjculrure Open Space CEAG-OSl zone. Agriculrurnl Supooo Ooen Space CAGS-OSl and Vjsjtor-Seryjn2 Commercial CYSC> zoo~. A nt:w Chapter is added to Title 2 I of the Code of Ord inances of the City of Carlsbad as follows: NotwlthstBnding any orovjsjon of !he Carlsbad Muojcipal Code and to enwre that development o(the AH-SP area is subject to express, objective standards that cannot be changed through subsequent discretionary actjons or intemretations. the AH·SP zone js o new zoning. district that exjsts independent of other zoning requirements. including !he balance ofTitle 21 of the C!lflsbad Municipal Code. The property subject to the AH-SP l&ning diSJijct js regulated by the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (" AH-SP Specific Plan"} and sha ll not be subject to any proyjsjoo of )he Carlsbad Murlicjpal Code that purports to 12 \ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS regulate or guide land use development. except those contained in this new chapter or as otherwise provided in the Specific Plan .The intent and pur.pose of the AH-SP zone is to: !. Enhance Carlsbad's character as a desirable beach and open space oriented community. !. Encourage agricultural uses within the Specific Plan area. !. Create a unique communitv-oriented open space, agriculture. recreation. and visitor- serving commercial. dining. and entertainment area along Cannon Road. !. Cooperate with one or more qualified environmentally focused non-profit entities. land conservancy organizations. land managers. public agencies. and/or farming and agricultural interests to ensure responsible conservation, management. operation. and maintenance of the designated open space/ agriculture areas. !. Maintain or enhance the water quality associated with the Agua Hedionda Lagoon and its tributarv drainages. !. Enable development of a new pedestrian-oriented outdoor visitor-serving commercial. shopping. dining. and entertainment promenade (Outdoor Shopping. Dining. and Entertainment Promenade). !. Ensure that the scale and character of new development in the Outdoor Shopping. Dining. and Entertainment Promenade area is appropriate to the setting. intended use. and the natural terrain. open space. agriculture. and vistas of the Agua Hedionda Lagoon. !. Enable new development within the Outdoor Shopping. Dining. and Entertainment Promenade area to foster a sense of community by providing safe. pedestrian-oriented walkways and trails to destinations. gathering places. picnic areas. vistas. and visitor- serving commercial. dining. entertainment. and recreation amenities for a variety of Carlsbad residents and visitors. !. Ensure that the Carlsbad community will continue to enjoy high quality. unique shopping and dining experiences in walkable environments that provide community gathering spaces and opportunities for connectivity. !. Invite innovative. sustainable building designs that are energy efficient and water conserving. !. Encourage a multi-modal integrated system of pedestrian and bicycle trails in the Specific Plan area. !. Contribute to an integrated transportation system and updated street and highway network. !. Enhance the quality of life by offering expanded visitor-serving commercial. dining. entertainment. and recreation opportunities. creating new jobs. and increasing the tax base while incor.porating measures to avoid or minimize impacts to the natural environment, !. Contribute to Carlsbad's economic vitalitv while protecting and conserving its open space. agriculture. and aesthetic resources. !. Continue efforts in Carlsbad to decrease use of energy and fossil fuel consumption in transportation, waste reduction and recycling. with efficient building design and use. !. Ensure energy efficiency and water conservation. including landscaping. !. Promote the maintenance of Specific Plan infrastructure. facilities, and services, !. Require compliance and consistency with the Carlsbad General Plan ( 1994) and Carlsbad Growth Management program public facility performance standards to ensure that adequate public infrastructure. facilities. and services are provided prior to or concurrent with development, and !. Coordinate future development with the Carlsbad Capital Improvement Program to ensure adequate funding for needed infrastructure. facilities. and services. Section 6. Adoption of the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15°/o Retail. The Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail, attached as Exhibit Q to this Initiative is hereby adopted. The Specific Plan exclusively shall control land use and utilization of the lands covered by the Specific Plan. Therefore, the Specific Plan is exempt from Titles 15, 17, 18, 19, 20 and 21 of the Carlsbad Municipal Code, except as provided in this Initiative or the Specific Plan itself, which contains the exclusive provisions governing and regulating the Specific Plan's plan review 13 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS procedures and process, including the plan-checks, sign-offs, actions, decisions, approvals, and other determinations required by the Specific Plan with respect to the standards, guidelines, infrastructure, open space, trails, and other Specific-Plan-identified facilities, services, and amenities. Section 7. Additional Informational Exhibits. Hub Park Lease. A copy of the Hub Park Lease, referenced in Chapters 2.4.2 and 6.17.2 of the Agua Hedionda 85115 Specific Plan is attached hereto as Exhibit R for informational purposes. As described in the Specific Plan, a portion of the Specific Plan area is subject to the "Hub Park" lease. As a result of the original approvals for the Encina Power plant, including approval of Encina Specific Plan 144, SDG&E and the City entered into a lease in 1975, which allows the City to use approximately 91 acres of a portion of the Specific Plan area (see Specific Plan, figure 2.0-3), called "Hub Park," for community park and recreation purposes. The Hub Park area is designated "Open Space" in the Agua Hedionda Land Use Plan (1982). See Specific Plan, figure 3.0-2, "Agua Hedionda LUP Exhibit C, Land Use Plan." In addition, the existing Hub Park lease includes a list of potential park and recreation opportunities, some of which are included as allowed uses in designated open space within the Specific Plan area (e.g., picnic areas, hiking trails). Since entering into the lease, the City has not implemented the park and recreation uses contemplated in the lease and existing agricultural uses continue within the Hub Park area, and will continue in the Specific Plan area as designated. In 2014, the City adopted Ordinance No. CS-255 repealing the Encina Specific Plan 144, and the General Plan Update (2014) makes no reference to the Hub Park lease. Enacting this Specific Plan, will allow open space uses in the Hub Park area to protect in perpetuity sensitive habitat, special status species, riparian and wetland resources, and facilitate the ongoing viability of strawberry farming and coastal agriculture. Beach Access Lease. A copy ofthe Beach Access Lease, referenced in Chapters 2.4.3 and 6.17.3 of the Agua Hedionda 85/15 Specific Plan is attached hereto as Exhibit S for informational purposes. As described in the Specific Plan, a portion of the Specific Plan area is subject to the "Beach Access" lease. In connection with approvals for the Encina Power plant, including approval of Encina Specific Plan 144, SDG&E and the City entered into another lease in 1975, titled the "Beach Access Lease," allowing SDG&E the right to the sole and exclusive use to the southerly shore of the Upper Agua Hedionda lagoon. The land subject to this lease is commonly known as the Upper Agua Hedionda Lagoon shore and waters thereon. The uses allowed by the Beach Access lease were never acted upon. In addition, the Carlsbad Draft General Plan Update (2014) makes no reference to this lease, the California Public Utilities Commission has issued a decision authorizing the sale and option rights relative to the Specific Plan area, including the area subject to the Beach Access lease, and the City adopted Ordinance No. CS-255 repealing the Encina Specific Plan 144. Adoption of this Specific Plan will not result in any impact to the land or waters encompassed within the Beach Access Lease, but rather allow the area to be limited to open space habitat preservation. Section 8. Implementation of Agua Hedionda Initiative, Including Coastal Commission Approval. A. Upon the effective date of this Initiative, the City of Carlsbad is directed to promptly take all appropriate actions needed to implement this Initiative. This Initiative is considered adopted and effective upon the earliest date legally possible after City Council adopts this Initiative, or the Elections Official certifies the vote on the Initiative by the voters of the City of Carlsbad, whichever occurs earlier. Notwithstanding the foregoing sentence, the provisions of this Initiative enacting amendments to the Agua Hedionda Land Use Plan and adopting the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) shall be operative as adopted or as modified pursuant to subsections 8(D) and II, below, upon final certification of the California Coastal Commission. B. Upon the effective date of this Initiative, the provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of the General Plan permitted by state law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January I of the next year. 14 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS C. The General Plan in effect on the date of filing of the Notice oflntent to Circulate this Initiative ("Filing Date"), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the City's General Plan remains an integrated, internally consistent and compatible statement of policies for the City, any provision of the General Plan that is adopted between the Filing Date and the effective date of the General Plan amendments adopted by this Initiative shall, to the extent that such interim-enacted provision is inconsistent with the General Plan amendments adopted by this Initiative, be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by the Initiative and other elements of the General Plan. D. No later than thirty (30) days after the City Council adopts this Initiative or the City's Elections Official certifies the vote on the Initiative, the City shall submit the Agua Hedionda Land Use Plan amendments contained in Section 4 of this initiative, and the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) adopted in Section 6 of this Initiative to the California Coastal Commission, as required by law, to obtain Coastal Commission certification thereof, consistent with the intent of this Initiative. The amendments to the Agua Hedionda LUP and the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (AH-SP) shall take effect automatically upon Coastal Commission certification, including any modifications required for final certification by the Commission and made pursuant to Section 11 of this Initiative, or any other authority. Any such terms or modifications of approval by the Coastal Commission are hereby acknowledged, accepted, and agreed upon pursuant to the California Code of Regulations, title 14, sections 13551 and 13544.5 of the Coastal Act. E. If the Coastal Commission fails to certify the amendments to the Agua Hedionda LUP and the Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retain, either as enacted by initiative or as modified, this Initiative shall become null and void and of no further force or effect. F. Upon the effective date of this Initiative, the provisions of Section 5 are hereby inserted into the Zoning Code of the City of Carlsbad. The City may determine the appropriate location and numbering for the new chapter of Title 2ladded in Section 5 of this Initiative, provided that the full text is inserted into the Zoning Code without alteration. Section 9. Effect of Other Measures on the Same Ballot. In approving this Initiative, it is the voters' intent to create a comprehensive regulatory plan to govern the future use and development of the Specific Plan area. To ensure that this intent is not frustrated, this Initiative is presented to the voters as an alternative to, and with the express intent that it will compete with, any and all voter initiatives or City-sponsored measures placed on the same ballot as this Initiative and which, if approved, would regulate the use or development of the Property in any manner or in any part whatsoever (each, a "Conflicting Initiative"). In the event that this Initiative and one or more Conflicting Initiatives are adopted by the voters at the same election, then it is the voters' intent that only that measure which receives the greatest number of affirmative votes shall control in its entirety and said other measure or measures shall be rendered void and without any legal effect. In no event shall this Initiative be interpreted in a manner that would permit its operation in conjunction with the non- conflicting provisions of any Conflicting Initiative. If this Initiative is approved by the voters but superseded by law in whole or in part by any other Conflicting Initiative approved by the voters at the same election, and such Conflicting Initiative is later held invalid, this Initiative shall be self-executing and given full force of law. Section 10. Interpretation and Severability. A. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity ofthe remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People ofthe City of Carlsbad indicate our strong desire that: (i) the City Council use its best efforts to sustain and re-enact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with the intent ofthis Initiative. 15 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Initiative Section 11. Amendment. Except as provided in Chapter 6 of the AH-SP Specific Plan, the City Council of the City of Carlsbad may adopt Agua Hedionda LUP amendments or amendments to the Specific Plan that are required as a result of the Coastal Commission's review pursuant to Public Resources Code section 30512. Nothing in the previous sentence shall be construed to limit the initiative right of the voters of Carlsbad to propose amendments to the Agua Hedionda LUP or to this Specific Plan. This Specific Plan may be repealed only by a majority of the voters of the City voting in an election held in accordance with state law. On and after the 15th Anniversary of the adoption of this Initiative, a vote of the people shall not be required to amend or repeal any portion of this Initiative, and this Initiative and the Amendments and Specific Plan that it adopts, including all exhibits thereto, may be amended or repealed by any procedure otherwise authorized by law. The text of existing provisions of the City of Carlsbad General Plan, Zoning Code, and the Agua Hedionda Land Use Plan that are quoted in this Initiative but not modified herein are not subject to this Section. Section 12. List of Initiative Exhibits. The following exhibits to this Initiative are incorporated herein by reference: Exhibit A-Amendment to General Plan Land Use Map Exhibit B-Amendment to Table I: Quantitative Breakdown of Existing Land Use Map Exhibit C-Amendment to Table 3: Guidelines for Commercial Land Uses Exhibit D-Amendment to Table I: Regulatory Open Space Protection Exhibit E-Amendment to Table 2: Existing and Constrained Open Space Acreages Exhibit F-Amendment to Table 3: Future Open Space Action Priorities Exhibit G -Amendment to Official Open Space and Conservation Map Exhibit H -Amendment to Conceptual Open Space and Conservation Map Exhibit I-Amendment to Table 2: Facilities Standards Exhibit J-Amendment to Map 1: Citywide Parks and Recreation Map Exhibit K-Amendment to Table 5: Uses In Recreation Areas Exhibit L-Amendment to Land Use Plan Area Map Exhibit M-Amendment to Land Use Plan Map Exhibit N-Amendment to Bike Route Plan Exhibit 0 -Amendment to Pedestrian Access Plan Exhibit P-Amendment to Zoning Map Exhibit Q-Agua Hedionda South Shore Specific Plan For 85% Open Space And 15% Retail Exhibit R-Hub Park Lease (for informational purposes only) ExhibitS-Beach Access Lease (for informational purposes only) 16 Q cu :i c: 0 ·-..., cu (J 0 ...J Agua Hedionda 85/15 Specific Plan Citizen Led Initiative 9212 Report Gary Barberio May 19, 2015 Agua Hedionda 85/15 Specific Plan Citizen Led Initiative •Notice of Intent to Circulate Petition –Submitted May 12, 2015 •Citizen Led Initiative –Not subject to CEQA •Proponents: Bill Dominquez, Maureen Simons, and Carlton Lund –Representing “Preserving Carlsbad Open Space The Right Way” •Primary Sponsor: Caruso Affiliated 3 Agua Hedionda 85/15 Specific Plan Citizen Led Initiative •Approximately 203.4 acres of land •The plan proposes: –Approximately 176.4 acres for open space (85%) –Approximately 26.7 acres for retail, shopping, dining, entertainment (15%) –Farming, passive recreation, public access trails –Allow up to 585,000 square feet of new shopping, dining, entertainment uses 5 Citizen Led Initiative Process •Submittal of Notice of Intent (May 12, 2015) •Prepare Ballot Title and Summary (15 days – by May 27, 2015) •Publish in newspaper and file affidavit •Collect petition signatures (up to 180 days) –15% requirement ~ 9,800 signatures –10% requirement ~ 6,500 signatures •Submit signed petition to City Clerk 6 Citizen Led Initiative Process •SD Co. Registrar of Voters Review (30 days) •Certificate of Sufficiency presented to City Council 1.Approve initiative without alteration 2.Submit the initiative to the voters (special election) 3.Authorize preparation of Elections Code 9212 Report & receive report within 30 days, -and then decide 1) or 2) within 10 days 7 California Elections Code 9212 •Allows City Council to request a report (9212 Report) examining impacts such as: 8 5.Business & employment attraction and retention 6.Use of vacant parcels 7.Agricultural lands, open space, traffic, developed areas 8.Other areas as determined by City Council 1.Fiscal Impact 2.Internal consistency of the city's general and specific plans 3.Land use, local and regional housing needs 4.Funding for infrastructure of all types 9212 Report •Typically requested when Certificate of Sufficiency is presented to City Council •Only provides 30 days from Certificate of Sufficiency to presentation of report 9 Environmental Analysis Report •Aesthetics •Agriculture and Forest Resources •Air Quality •Biological Resources •Cultural Resources •Geology and Soils •Greenhouse Gas Emissions •Hydrology •Water Quality •Parks and Recreation •Traffic and Circulation •Water and Sewer Service 10 •Hazards and Hazardous Materials •Land Use and Planning •Mineral Resources •Noise •Population and Housing •Fire and Police Protection •Schools •Libraries •Solid Waste •Energy •Socioeconomic Effects •Cumulative Effects Staff Approach to 9212 Report •Scope of Agua Hedionda 85/15 Specific Plan Initiative and Environmental Analysis Report is extensive •Need for a thorough evaluation of Initiative Measure & Environmental Analysis Report •Need to contract with subject matter experts to provide third party peer reviews •Asking City Council to initiate 9212 Report immediately 11 Funding for 9212 Report •Can request deposit from Proponents’ primary sponsor •Elections Code does not require proponent to pay •Use city council contingency to fund the analysis as a back up •Cost expected not to exceed $150,000 12 Recommendation Authorize city staff to: •Initiate the preparation of a report pursuant to Elections Code 9212 (9212 Report) immediately •Request a deposit from the proponents’ primary sponsor for the preparation of the 9212 Report •Contract with consultants to complete the 9212 Report •Appropriate funds in an amount not to exceed $150,000