HomeMy WebLinkAbout2021-11-09; Beach Preservation Commission; ; Options to Preserve Open Space and Recreation Along the Carlsbad Coast
Meeting Date:
Nov. 9, 2021
To:
Beach Preservation Commission
From: Kyle Lancaster, Parks & Recreation Director
Staff Contact: Michael Tully, Parks Planner
Subject: Options to Preserve Open Space and Recreation Along the Carlsbad Coast
Recommended Action
Review the recording of the City Council meeting held on July 13, 2021, Item 14 discussing the
viable strategies regarding Planning Area F and other coastal properties to preserve open space
and recreation, including potential linear park along the coastal bluffs at Carlsbad Boulevard.
Discussion
At the regularly scheduled meeting on Aug. 3, 2021 the Beach Preservation Commission
requested information on a potential linear park along the coastal bluff at Carlsbad Boulevard.
Staff presented this item to the City Council on July 13, 2021. The Commission will review the
recording of that meeting and discuss presented strategies for a potential linear park along
Carlsbad Boulevard.
Exhibits
1) City Council Staff Report, dated July 13, 2021
Nov. 9, 2021 Item 4 Page 1 of 55
BEACH PRESERVATION COMMISSION
Staff Report
CA Review __RK__
Meeting Date July 13, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jeff Murphy, Community Development Director
jeff.murphy@carlsbadca.gov, 760-602-2783
Subject:Options to Preserve Open Space and Recreation in the Southwest Quadrant
Districts: 2, 3 and 4
Recommended Action
Receive a report in response to the City Council’s Jan. 26, 2021 direction for staff to present a
report within six months with viable strategies regarding Planning Area F and other coastal
properties to preserve open space and recreation and provide direction to staff as appropriate.
Executive Summary
The City Council approved a minute motion on July 14, 2020, directing staff to provide a report to
the City Council that included the planning, master plan, public vote requirements and any other
important information regarding the Poinsettia Shores Master Plan’s Planning Area F, known as the
Ponto property. Staff returned to the City Council with the requested information on Jan. 26, 2021
(Exhibit 1).
Following public comment and deliberation, the City Council passed a minute motion directing staff
to bring back an item with viable strategies regarding Planning Area F and other coastal properties
to preserve open space and recreation (Exhibit 2). In response to the City Council’s direction, this
staff report provides information covering the topics listed below, which may be used for the City
Council’s discussion, consideration and direction to staff.
xWhat document sets the city’s overall open space and parks performance standards?
xWhat are the specific open space requirements in the Southwest Quadrant?
xWhat are the specific park requirements in the Southwest Quadrant?
xHow is the city meeting those requirements?
xAre there vacant sites along the coast for possible open space or park use?
xWhat are the opportunities to preserve those sites as open space or converting to park use?
xWill the Carlsbad Boulevard realignment project result in excess land that could be used for a
park?
xWhat is the best path forward to develop a public park in the coastal area of the Southwest
Quadrant?
This report shows how the city has met its official standards for park space in the area, that there
are limited vacant sites along the coast available for open space or park use, and that acquiring
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Exhibit 1
@ CITY COUNCIL
Staff Report
those sites come with a range of challenges. It also details the potential cost savings in using
available land along the coast that the city already owns to provide additional park and open space
in the Southwest Quadrant.
Discussion
Overview
The City Council passed a minute motion Jan. 26, 2021, directing staff “to bring back an item within
the next six months with viable strategies regarding Planning Area F and other coastal properties to
preserve open space and recreation” (Exhibit 2). The following information is presented in
response to this direction. Considering the location of Planning Area F, this report includes those
coastal properties that are in the city’s Southwest Quadrant and located west of Interstate 5;
particularly, the city’s Local Facilities Management Zones 9 and 22 and that portion of Zone 3
located within the southwest quadrant.
WHAT DOCUMENT SETS THE CITY’S OVERALL OPEN SPACE AND PARKS PERFORMANCE STANDARDS?
In short, the city’s Growth Management Plan has provided the guidance regarding the city’s open
space and parks performance standards for the
past 35 years. In 1986, the voters and the City
Council passed Proposition E and the Growth
Management Plan, which placed conditions on
how growth is to occur in the city, including
minimum performance standards for various
public facilities. These facilities included city
administrative facilities, water and sewer,
libraries, utilities, parks, drainage, circulation,
fire, open space and schools.
To ensure compliance with the standards, the
city was divided into four quadrants and then
further divided into 25 local facilities
management zones. Each zone is required to
have an adopted local facilities management
plan that must describe how the zone will be
developed, how compliance with the Growth
Management Plan standards will be achieved,
how the necessary public facilities will be
provided, and what financing mechanisms will
be used for the public facilities.
Nothing in the Growth Management Plan
prohibits the City Council from exceeding the performance standards for open space and park
lands. However, there are legal limitations that may complicate the City Council’s ability to use
traditional tools to acquire these additional lands. These legal limitations are discussed later in this
report.
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drant• & LFMP Zones
WHAT ARE THE SPECIFIC OPEN SPACE REQUIREMENTS IN THE SOUTHWEST QUADRANT?
The Growth Management Plan requires that 15% of the total land area within a local facilities
management zone, excluding environmentally constrained non-developable land, be set aside for
permanent open space and that it must be made available concurrent with development. Or,
expressed another way, in addition to setting the environmentally constrained land aside as open
space, an additional 15% of the otherwise developable land must be set aside for permanent open
space concurrent with development. The Growth Management Plan’s performance standard for
open space is applied to the overall area of the zone, as opposed to each parcel. A map of the
currently protected or zoned open space land within this quadrant is provided in Exhibit 3.
Zone 3 (portion)
A very small portion of Zone 3 lies within the Southwest Quadrant. Most of the zone,
roughly 85%, is in the Northwest Quadrant. It should be noted that in 1986, at the time the
city adopted the Citywide Facilities and Improvement Plan, Zone 3 and several other local
facility management zones were considered to be fully developed and in compliance with
the open space performance standard, as reflected in City Council Resolution No. 8797
(Exhibit 4).
Zone 9
In the case of Zone 9, which contains the Ponto Property, the boundaries of the remaining
developable land in the zone coincide with the project boundaries of the Batiquitos Lagoon
Educational Park Master Plan (MP 175, approved Oct. 22, 1985), which was exempted from
the growth management open space standard by Section 21.90.030(g) of Ordinance No.
9808 if certain restrictions were met, including a dedication of open space.1 In anticipation
of future construction, the developer of the project detailed in the Batiquitos Lagoon
Educational Park Master Plan dedicated the necessary open space properties, completing
that portion of the requirement for Section 21.90.030(g).2 Although the project was
ultimately never constructed, these open space dedications were maintained and became
part of the open space for the project that followed, the project defined in the Poinsettia
Shores Master Plan (MP 175(D), approved Jan. 18, 1994). These open space dedications are
the basis for how the Batiquitos Lagoon Educational Park Master Plan, the Poinsettia Shores
Master Plan and Zone 9 complied with the growth management open space performance
standard.3
1 A condition of the project states that, prior to approval of the final map for Phase I, the master plan developer shall have agreed to participate in
the restoration of a significant lagoon and wetland resource area and made any dedications of property necessary to accomplish the restoration.
2 City Council Resolution No. 8666 contained an agreement between the city and the developer for the open space property dedications noted
above.
3 Poinsettia Shores Master Plan, pages 4 and 22. The plan states “the Growth Management Open Space standard is already met for Zone 9 through
the earlier preservation of the sensitive bluffs and slopes”.
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Zone 22
Table 1 below shows the Growth Management Plan’s open space requirement for Zone 22
and the amount of open space that is currently preserved. A total of 4.57 acres of open
space remains to be preserved to comply with the city standards. Once the developers of
the remaining developable areas contribute 15% of their otherwise developable acreage to
the open space required under the Growth Management Plan, then the total amount of
open space in Zone 22 is projected to exceed the plan’s standard by 0.46 acres. Exhibit 19
provides a list and map of the parcels within Zone 22 that will be contributing to the 15%
open space performance standard.
Table 1: Current open space inventory – Southwest Quadrant
Growth Management Plan open space requirement for Zone 22 21.56 acres
Open space preserved in Zone 22 16.99 acres
Remaining open space lands required in Zone 22 4.57 acres
WHAT ARE THE SPECIFIC PARK REQUIREMENTS IN THE SOUTHWEST QUADRANT?
Unlike open space, the Growth Management Plan’s performance standard for park space is applied
to the entire quadrant, not each local facilities management zone. The Growth Management Plan
requires three acres of community park or special use area for each 1,000 population within each
park district. (The boundaries of the four districts correspond with the quadrant boundaries.)
Should a park district fall into deficit, a park must be scheduled for construction within a five-year
period beginning at the time the need is first identified.4 The five-year period was not to
commence before Aug. 22, 2017, in accordance with City Council Resolution No. 2017-170 (Exhibit
5). As shown below, the current inventory of park acreage for the Southwest Quadrant totals 70.2
acres. A map showing the location of the park sites in this quadrant is provided in Exhibit 6.
Table 2: Current city parks inventory – Southwest Quadrant
Aviara Community Park 24.3 acres
Poinsettia Community Park 41.2 acres
Aviara Oaks School Field 4.7 acres
Total city parks in Southwest Quadrant 70.2 acres
The Growth Management Plan’s performance standard requires 77 acres of parks for this quadrant.
Although the quadrant is short of the acreage required by 6.8 acres, the quadrant is not out of
compliance with the performance standard because the five-year period has not been reached.
That period will end Aug. 22, 2022.
The adoption of the Veterans Memorial Park Master Plan by the City Council is the final action
required to address this deficit in the Southwest Quadrant. The Veterans Memorial Park site is a
city-owned, 91.5-acre undeveloped site located at the corner of Whitman Way and Faraday Avenue
and within the Northwest Quadrant
4 According to City Council Resolution No. 97-435, “scheduled for construction” means that the improvements have been designed, a park site has
been selected, and a financing plan for construction of the facility has been approved.
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Because of its size, centralized location
and citywide significance, this site was
intended to help fulfill future park
needs citywide. When the Citywide
Facilities and Improvement Plan was
adopted in 1986, (City Council
Resolution No. 8797, Exhibit 4),
Veterans Memorial Park was
apportioned equally to all four city
quadrants to contribute toward
meeting the Growth Management
Plan’s parks performance standard for
all four quadrants.
The City Council has approved a
financing plan for the development of
the Veterans Memorial Park site
(Capital Improvement Program Project
No. 4609). The financing is to be
provided through City of Carlsbad
Community Facilities District No. 1, established in 1991, which imposed a special tax lien on vacant
properties throughout the city. The district was created to finance the construction of specific
public facilities of citywide obligation and benefit, including Veterans Memorial Park. As further
detailed below, the funds from this district cannot be used for facilities other than those specified
at the time the district was formed. Consistent with the intent of the Citywide Facilities and
Improvement Plan and the Community Facilities District, the General Plan’s Open Space,
Conservation and Recreation Element (Page 4-28, Table 4-7) credits 22.9 acres of the 91.5-acre
Veterans Memorial Park to each quadrant’s future park inventory (Exhibit 7).
The master planning process for the Veterans Memorial Park site commenced in December 2018,
with the award of a professional services agreement for the project’s design, and public outreach
began in March 2019. On Feb. 23, 2021, the City Council approved the recommended Veterans
Memorial Park Master Plan Report in concept and directed staff to proceed with processing the
necessary environmental documentation and permit entitlements (Exhibit 18). The final master
plan and environmental documents and entitlements are scheduled to be reviewed and adopted
before the conclusion of the five-year period, by Aug. 22, 2022. Once the final master plan is
adopted by the City Council, the park will be considered “scheduled for construction,”6 and all four
quadrants will be in full compliance with the Growth Management Plan’ park performance
standard.
ARE THERE VACANT OR UNDER-DEVELOPED SITES ALONG THE COAST FOR POSSIBLE OPEN SPACE AND/OR
PARK USE?
Staff analyzed the coastal area west of I-5 and found very few vacant or under-developed parcels
within zones 3, 9 and 22 that were not already protected with an open space easement or
designated as open space under the General Plan. Table 3 below lists properties that appear to be
vacant or under-developed and possible sites appropriate for open space or park use within these
Proposed plan for Veterans Memorial Park
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Zones. Exhibit 8 provides a complete list and map of all vacant or under-developed parcels within
these zones, including parcels that are designated as open space. The site numbers in the table
below correspond with the site numbers on the maps in Exhibit 8. The chart also notes whether
there are development permits that are active for the properties and whether there are
encumbrances on the properties. Note that staff have not been in contact with any of the
identified property owners to gauge their willingness or interest in selling their property to the city
for open space and/or park use.
Table 3: Vacant or under-developed parcels within zones 3, 9 and 22
Site Zone Owner of record
Parcel
number Condition Acres
General Plan
zoning
Active
permit
Existing
easement
1 9 LSF5 Carlsbad
Holdings (Ponto)
216-
140-43 Vacant 11.3 R-23 & VC Yes No
2 9 Newage Carlsbad
Resort
216-
140-44 Vacant 14.3 VC & OS Yes Portion
3 22 Schreiber Family
Trust
216-
010-01+ Vacant 1.14 GC No No
4 22 Chappee Family
Trust
214-
160-28 Vacant 0.92 R-15 & VC No No
5 22 Schreiber Family
Trust
214-
171-11
Under-
developed 2.38 R-15 No No
6 22 White, Tommy B
Living Trust
214-
023-13 Vacant 0.09 R-8 No No
7 22 Donahue Family
Trust
214-
022-04 Vacant 0.11 R-8 No No
8 22 Terra Bella
Development LLC
214-
021-11 Vacant 0.11 R-8 Yes No
9 22 Donahue Family
Trust
214-
021-04 Vacant 0.11 R-8 No No
10 22
Encina
Wastewater
Authority
Various Vacant 21.01 PI/O Yes No
11 22 Carlsbad Municipal
Water District Various Under-
developed 5.7 PI/O Yes No
12 22 City of Carlsbad 210-
100-20 Vacant 0.58 VC No No
31 22 Schreiber Family
Trust
214-
160-25
Under-
developed 1.5 R-15 & VC No No
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ARE THERE OPPORTUNITIES TO ACQUIRE AND PRESERVE SITES FOR OPEN SPACE OR PARK USE?
While there are no overt prohibitions in securing property for open space preservation or
recreational use, there are, however, legal and financial considerations limiting the city’s ability to
acquire a private property for a public purpose. These considerations are:
Active development permit applications
The property owners for sites 1, 2 and 7 in Table 3 have permit applications on file with the
city to develop their respective properties (Exhibit 9). The application for the Ponto site (Site
1) is of particular significance because the property owner recently filed an application
under the protections of Senate Bill 330, the Housing Crisis Act of 2019. Under the terms of
this law, the applicant is entitled to a fast-track permit review and the city is only able to
apply those codes and regulations that were in effect on the date the pre-application was
filed, which was April 19, 2021. A letter from the applicant’s legal counsel bearing that date
was sent to the City Council outlining what they believed to be the applicant’s rights under
SB 330 (Exhibit 10). As reflected in the Jan. 26, 2021, staff report (Exhibit 1), the current
General Plan, Zoning Ordinance and Local Coastal Plan designations for the property allow
for a multi-family residential development on the site, with 15 to 23 residential units per
acre, and general commercial uses such as hotels, retail stores and service businesses. The
applicant is entitled to develop the site consistent with these land use designations.
However, the city does have the ability to approach any of these property owners to see
whether they would be willing to sell their properties to the city at fair-market value prices.
This would require an appraisal to determine a property’s value at its highest and best use,
not the city’s intended use of the property. It should be noted that if an agreement on
property value cannot be reached, but the city wishes to still pursue property acquisition,
there is a risk that the property owners could make an inverse condemnation claim against
the city. Inverse condemnation occurs when a government takes a property for public use
even though no formal exercise of the power of eminent domain has been completed. This
usually occurs when some action of the government damages the value of the property.
Use of eminent domain
If a property owner remains unwilling to sell a property, one alternative would be for the
City Council to direct the City Attorney to refer the issue of property acquisition to an
eminent domain specialist to determine whether a property could be acquired for open
space or park use through the eminent domain process. However, the factors complicating
the city’s use of eminent domain include the availability of land already owned by the city as
well as city determinations our park standards have been met in the quadrant.
Funding
There are three funding sources that often come up as a means of financing open space and
park acquisition.
oPark-in-Lieu Fee Fund for the Southwest Quadrant
The fiscal year 2020-21 ending fund balance in the Park In-Lieu Fee Fund for the
Southwest Quadrant is $208,150. Park-in-lieu fees are charged to developers for park
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acquisition and development. Park-in-lieu fees are segregated by quadrant to fund
park projects in those quadrants.
The park-in-lieu fee requirement falls under California Government Code Section
66477, the Quimby Act. This law allows California cities to require by ordinance the
dedication of park land, or the payment of fees in lieu of such dedication of park land.
Carlsbad Municipal Code Section 20.44.030 - General Standard states “It is found and
determined that the public interest, convenience, health, welfare and safety require
that three acres of property for each 1,000 persons residing within this city shall be
devoted to local park and recreational purposes.” The Quimby Act indicates the
calculation for dedication of park land or payment of fees is not to exceed this
codified standard, unless the City Council adopts a higher standard, but that higher
standard is not to exceed five acres per 1,000 persons residing within the city.
Under the terms of the City Council resolution that established the park-in-lieu fee
(Exhibit 20, Resolution No. 3601), the funds collected are to provide “park and
recreational facilities to serve future residents.” Based on this, staff are of the opinion
that the fees cannot be used to acquire lands for natural open space purposes.
According to the Quimby Act:
(a) The legislative body of a city or county may, by ordinance, require the
dedication of land or impose a requirement of the payment of fees in lieu
thereof, or a combination of both, for park or recreational purposes as a
condition to the approval of a tentative map or parcel map, if all of the
following requirements are met:
…(3)(A), The park land, fees, or combination thereof are to be used only
for the purpose of developing new or rehabilitating existing park and
recreation facilities…
It should also be noted that if the properties listed in Table 3 are not developed as
currently planned, park-in-lieu fees will not be collected as anticipated, and the city
will not collect the property taxes that are currently forecast.
oCommunity Facilities District No. 1
Community Facilities District No. 1 is a citywide public facility financing district created
to pay for certain public improvements that provide benefits to the entire city to make
sure the need for public facilities generated by development is met as development
occurs. The funds from the district are to be spent only on 11 specifically identified public
facilities, with Veterans Memorial Park, City Hall, Public Works Center and the expansion
of Cole Library being the remaining public facilities to be funded by the district. By law,
these funds cannot be spent on facilities other than those specified in the district’s
formation documents. The properties listed in Table 3 are not specifically listed in the
formation documents, nor are they likely candidates for the site of the remaining public
facilities to be developed through this special funding district, so Community Facilities
District No. 1 funds cannot be used to acquire properties in zones 3, 9 and 22 for open
space or park purposes.
oGeneral Fund
The costs of acquiring, developing and maintaining open space and park lands could
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be paid out of the city’s general fund, subject to certain limitations discussed below.
With respect to the acquisition and development of a property for open space or a
park, the city typically has multiple Capital Improvement Program projects that
compete for available funding from the General Capital Construction Fund. In
addition, the maintenance costs associated with additional open space or park sites
have not been identified and built into the city’s ten-year forecast.
Potential public vote requirement
The City of Carlsbad’s spending of city general funds is limited by Proposition H, a measure
passed by voters in 1982. The measure, which is cited in the city’s charter, prohibits the city
from spending more than $1 million from its General Fund for real property acquisition or
improvements to real property unless the proposed purchase and/or the improvement
project and the cost in city funds is approved by a majority of city voters in an election.
In 2002, voters passed Proposition C, which provided voter authorization to spend more than
the $1 million limit on four projects:
oCarlsbad Safety Training Center
oAlga Norte Community Parks swimming pool complex
oCannon Road extension
oAcquisition of open space and trails
Subsequent to the passage of Proposition C, the City Council formed the Proposition C Open
Space and Trails Ad Hoc Citizens’ Committee in October 2005 to implement Proposition C
and establish a prioritized list of potential property acquisitions associated with the open
space and trails linkage component of Proposition C.
On Oct. 10, 2006, (Exhibit 11), the City Council approved ranking criteria to help prioritize
open space acquisition areas. The criteria focused on sites that were native or
environmentally sensitive, of known paleontological, archeological or cultural resource
value, provided connectivity to other open spaces, or that enhanced water quality.
The committee considered and evaluated 13 properties for potential open space acquisition.
These properties were ranked using the committee’s criteria and presented to the City
Council in the committee’s final report on Sept. 19, 2007 (Exhibit 12). The City Council added
three additional properties to be evaluated and included in the ranking. At a subsequent
workshop on Feb. 20, 2008 (Exhibit 13), the City Council discussed all 16 properties and
prioritized their importance (Exhibit 14).
The private properties listed in Table 3 above are not included in the list of City Council-
prioritized Proposition C open space acquisition areas. The properties also do not meet the
open space criteria developed by the committee and approved by the City Council. For
example, while the Ponto site is currently vacant, the property has a history of being graded,
disturbed, and of being an active agricultural site that would need habitat rehabilitation and
restoration to restore the property to its natural condition.
Based on this history, staff believe the sites in Table 3 would be subject to the requirements
of Proposition H if they were to be acquired for an open space or park use.
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ARE THERE OPEN SPACE AND/OR PARKS OPPORTUNITIES AVAILABLE THROUGH THE REALIGNMENT OF
CARLSBAD BOULEVARD?
Yes. The city-owned land along Carlsbad Boulevard could be used to provide additional park space
in the coastal area of the city. To help explain, the sections below provide information on both the
policy direction and efforts underway to realign Carlsbad Boulevard to make better use of the
public property for residents, businesses and tourists.
Carlsbad Boulevard Coastal Corridor – General Plan policy direction
Reimagining Carlsbad Boulevard and the adjacent public land, the Carlsbad Boulevard
coastal corridor, has been a capital project of importance for the City Council for several
years and is described in Policy 2-P.53 of the Carlsbad General Plan Land Use and
Community Design Element (Exhibit 15). The policy, which provides a great amount of detail
and direction for how Carlsbad Boulevard should be reimagined to be more than just a
road, established guiding principles that will help create a coastal corridor that incorporates
core community values, including:
oPhysical connectivity through multimodal mobility improvements including
bikeways, pedestrian trails and traffic-calmed streets5
oSocial connectivity through the creation of memorable public spaces and additional
coastal access routes
oEconomic vitality through a combination of visitor and local-serving commercial,
civic and recreational uses and services
oCarlsbad Boulevard can become a destination and more than just a road for cars.
This transportation corridor has the potential of providing recreational, aesthetic
and community gathering opportunities that equal the remarkable character of the
land
oCreating a destination that provides a safe public environment to recreate
oStrategic public access and parking are keys to success. Development can capitalize
on opportunities to add/enhance multiple public access points, beach parking and
related recreational amenities
oA realignment can preserve and enhance public views of ocean, lagoons and other
water bodies and beaches, as well as streetscape and landscaped multimodal access
routes
oEnhancement of the area’s vitality through diversity of recreational land uses.
Carlsbad Boulevard development can provide for amenities, services and goods that
attract a diversity of residents and visitors
o A realignment can provide for unique and vibrant coastal gathering spaces where
people of all age groups and interests can gather to enjoy recreational and
5 Multimodal mobility refers to travel by all possible means, including not just vehicles but transit, walking and bicycling
and other common means of getting around.
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environmental amenities and supporting commercial uses
oConnect community, place and spirit. Improved design can complement and
enhance connectivity between existing community and regional land uses
oA signature scenic corridor shall be created through design that honors the
coastline’s natural beauty. The resulting improvements will capture the ‘essence’ of
Carlsbad; making it a special place for people from throughout the region with its
natural beauty and vibrant public spaces. Properly carried out, the realigned
boulevard will maximize public views and encourage all users to slow down and
enjoy the scenery
oReimagining of Carlsbad Boulevard shall be visionary. The reimagined Carlsbad
Boulevard corridor will incorporate core community values articulated in the
Carlsbad Community Vision by providing:
a) Physical connectivity through multimodal mobility improvements including
bikeways, pedestrian trails and a traffic-calmed street
b) Social connectivity through creation of memorable public spaces
c) Economic vitality through a combination of visitor and local-serving
commercial, civic and recreational uses and services
Carlsbad Boulevard Coastal Corridor - Reimagining efforts
The city received the right of way along Carlsbad Boulevard in the early 1950s when the
state chose a route just to the east for Interstate 5. Because the right of way was sized for a
possible interstate highway, this gave the city additional land on either side of Carlsbad
Boulevard that was not needed for the roadway.
Realigning Carlsbad Boulevard could open up this land so that it could be used for future
open space and park uses, such as wider bicycle lanes and sidewalks, on-site parking, an
enhanced multi-purpose trail or other uses of greater benefit to the community.
Individual segments of Carlsbad Boulevard have been realigned at various times since it has
been under the city’s control.
In 2008, the city completed the realignment of about 0.6 miles of roadway from Breakwater
Road to Ponto Road, as a part of the Poinsettia Cove development. This project shifted the
two southbound travel lanes to the east, opening up space along the west side of Carlsbad
Boulevard that could be turned into parkland or open space.
In addition to these changes, three Capital Improvement Program projects to potentially
realign Carlsbad Boulevard are in the planning and design phase:
oThe Carlsbad Boulevard and Tamarack Avenue Pedestrian Improvements Project
(CIP Project No. 6058), which would evaluate multiple alternatives for improving
coastal access, safety and multimodal operations and reconfigure the travel lanes
near the intersection.
oThe Terramar Area Coastal Improvement Project (CIP Project No. 6054) will
construct a roundabout at the intersection of Cannon Road and Carlsbad Boulevard,
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include other multimodal road improvements and provide additional parking. The
project also includes bluff improvements and beach access enhancements.
oThe Realignment of Carlsbad Boulevard from Manzano Drive to La Costa Avenue
Project (CIP Project No. 6031) includes a study of future roadway realignment
alternatives, infrastructure needs, land uses, commercial land development options,
public park coastal access opportunities and related long-term coastal planning
issues
The city has been studying the realignment of Carlsbad Boulevard from the Terramar neighborhood
to the Batiquitos Lagoon since the 1980s, with the intent of providing protection of the southbound
lanes from coastal erosion and storm damage while increasing public access and amenities along
the southern coastline. The extensive history of the Carlsbad Boulevard realignment effort is
explained in the June 2020 South Carlsbad Boulevard Climate Adaptation Project staff report
provided in Exhibit 16.
As explained in Exhibit 16, the City Council approved agreements for engineering and
environmental services for design work related to the Carlsbad Boulevard Realignment in 2011. The
scope of this work includes an analysis of alternatives based on prior planning studies on the reuse
of surplus land for recreational uses and parking, as well as on such issues as additional right of
way, easements, permits, disruption of utility service lines, traffic and environmental impacts and
construction, operations and maintenance costs. The services that have already been performed
include public outreach, preparation of a community involvement plan and analyses of recreational
and environmental opportunities and constraints, trails connectivity, parking and traffic, as well as
other supporting studies.
The project continued throughout 2012 and 2013 and culminated in two preliminary conceptual
designs for the eastern realignment of the roadway and proposed uses along the coast. One
alternative included four vehicular lanes, two in each direction, with the two southbound travel
lanes realigned to the east, along with new traffic signals, Class II bicycle lanes and a ten-foot wide
Class I multi-use trail on the west side of Carlsbad Boulevard from Manzano Road to the southern
border.6 The second alternative proposed reducing Carlsbad Boulevard from four to two vehicular
travel lanes, one in each direction, and adding roundabouts and Class II bicycle lanes with a
separated Class I multi-use trail.
The study area included a 2.7-mile long, 57-acre strip about 200 to 390 feet wide, with more than
40 of these acres in the area south of Solamar Drive.
It should be noted that there are two distinct road segments within the realignment of Carlsbad
Boulevard study area, which extends from Manzano Drive south to the city’s southern border. The
northern segment between Manzano Drive and around Island Way is being studied as part of the
South Carlsbad Boulevard Climate Adaptation Study. This northern segment is a high-priority
project needed to address coastal erosion and maintain the structural integrity of the southbound
travel lanes. The next steps for this study include public outreach opportunities and events this
summer. The draft conceptual designs are targeted for review by the City Council by year’s end.
6 Class II bike lanes run along streets and are defined by pavement striping and signage that designate a portion of a
roadway for bicycle travel. A Class I multiuse trail provides an exclusive pathway for bicyclists and pedestrians, away
from vehicles.
July 13, 2021 Item #14 Page 12 of 53
Nov. 9, 2021 Item 4 Page 13 of 55
The southern segment includes the portion of Carlsbad Boulevard between Island Way to the city’s
southern border. This schedule for that project is to be updated after the work on the northern
segment is completed.
The conceptual planning for a realignment of Carlsbad Boulevard is not complete, so staff
evaluated the 2.7 mile road segment using current aerial imagery with the travel lanes positioned
as far to the east as possible. This would maximize the available space for recreational and active
transportation uses on the west side of the public right of way, as shown in Exhibit 17.
This aerial map evaluation indicates that realigning the travel lanes to the east could free up a total
of 62 acres along the west side of the roadway and outside of its assumed right of way for other
uses. There are three areas that are wider and more conducive to a broader variety of additional
uses:
xAbout three to more than 10 acres west of the realigned intersection at Palomar Airport
Road
xA wider area of about 10 acres near Encinas Creek between Solamar Drive and Island Way
xThe Ponto Beach areas south of Avenida Encinas, also approximately 10 acres
The Palomar Airport Road area is large enough to allow for a multitude of potential uses. The areas
near Encinas Creek and Ponto Beach could accommodate such uses as beach access and
viewpoints, active transportation, parking and open space.
The realignment of Carlsbad Boulevard along the entire 2.7 mile segment has the potential to
create a world-class multimodal mobility corridor and provide access to over 60 acres of city-
owned property that could give Carlsbad a continuous corridor of open space, parks and
recreational uses all connected with a high quality – and safer – walking and biking network in the
Southwest Quadrant.
WHAT IS THE BEST PATH FORWARD FOR A PUBLIC PARK IN THE COASTAL AREA OF THE SOUTHWEST
QUADRANT?
The city has met the park standards that were adopted by its residents and implemented by the
council. There is a limited amount of available land within the coastal area of the Southwest
Quadrant for open space or public park land and, as discussed in this staff report, acquiring it would
be challenging. Should the City Council wish to exceed the performance standards of the Growth
Management Plan and move forward with the development of land along the coast for park or
open space, it is staff’s opinion that the best option involves developing the Carlsbad Boulevard
realignment project with a design that opens up more park land and open space.
The boulevard’s right of way is already owned by the city, which saves acquisition costs; a city
policy is already established that provides a great amount of detail and direction for how Carlsbad
Boulevard should be reimagined (General Plan Policy 2-P.53), and the project has been studied and
analyzed to show that a Carlsbad Boulevard realignment project could open up significant acreage
and provide the city an opportunity to develop parks, open space, beach access, trails, parking, and
other uses.
July 13, 2021 Item #14 Page 13 of 53
Nov. 9, 2021 Item 4 Page 14 of 55
Options
The pros and cons of the many options before the City Council are reflected in the considerations
detailed above. Staff will follow up on any direction given by the City Council on the specific option
or options chosen.
Fiscal Analysis
There is no direct fiscal impact associated with the receiving this informational report.
Next Steps
Staff will proceed as directed by the City Council.
Environmental Evaluation (CEQA)
This action is not a “project” as defined in California Public Resources Code Section 21065 and
California Environmental Quality Act Guidelines Section 15378(b)(5) because it involves
administrative activities of governments that will not result in direct or indirect physical changes in
the environment. The action being considered is an informational report on private property, which
on its own accord will not cause a significant environmental impact, so this activity is not subject to
CEQA under Section 15060(c)(3).
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available
for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.Jan. 26, 2021 City Council staff report
2.Jan. 26, 2021 City Council minute motion
3.Dedicated/zoned open space in the Southwest Quadrant
4.City Council Resolution No. 8797
5.City Council Resolution No. 2017-170
6.Map of existing park sites in the Southwest Quadrant
7.Open Space, Conservation and Recreation Element: Section 4.5 – Parks and Recreation
8.Vacant and under-developed parcels within local facilities management zones 9 and 22
9.Development Permit Project Description
10.April 19, 2021, letter from Ponto site owner’s legal counsel
11.Oct. 10, 2006, City Council staff report
12.Sep. 19, 2007, City Council Meeting Minutes
13.Feb. 20, 2008, City Council Meeting Minutes
14.Proposition C open space and trails linkage priorities map
15.General Plan Policy 2-P.53
16.June 16, 2020, City Council staff report
17.Carlsbad Boulevard Realignment Aerial Map
18.Feb. 23, 2021 City Council staff report
19.Local facilities management zones parcels contributing to the 15% open space standard
20.City Council resolutions 3061 & 1401
21.Correspondence received after Jan. 26, 2021 and prior to 12 p.m., July 8, 2021
July 13, 2021 Item #14 Page 14 of 53
Nov. 9, 2021 Item 4 Page 15 of 55
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Nov. 9, 2021 Item 4 Page 16 of 55
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July 13, 2021 Item #14 Page 16 of 53
Nov. 9, 2021 Item 4 Page 17 of 55
January 26, 2021 Carlsbad City Council Regular Meeting Page 8
Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to direct
staff to pursue De.sign Concept No. 3 and pursue placing the measure on the June 7th, 2022
primary election ballot. Motion carried unanimously, 5/0,
12. REPORT ON _ PLANNING AREA F OF THE POINSETTIA SHORES MASTER PLAN -PONTO
PROPERTY -Receive an informational presentation on Planning Area F of the Poinsettia
Shores Master Plan, the Ponto property, that includes an overview of the planned and
alfowed land uses, public park needs and requirements, public vote requirements, and
related information pertinent to the future development of the property, and provide staff
with direction. {Staff contact: Jeff Murphy, Community Development)
City Manager's Recommendation: Receive the report and provide direction as appropriate.
Mayor Hall declared a recess at 6:34 p.m.
Mayor Half reconvened the meeting at 6:39 p.m.
Community Development Director Jeff Murphy presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Lance Schulte, group speaker representing Dorothy Fritz, Ron Fritz, and Harry Peacock, spoke
about misconceptions regarding the purchase of the Ponto property. He also suggested
various alternatives to acquiring the Ponto property.
Jodi Jones spoke to advocate to keep the Ponto property for open space and to build the Ponto
Park .
.Jane Naskiewicz spoke to advocate to keep the Ponto property for open space and to build the
Ponto Park: She also advocated for more parks in ,Carlsbad.
Sean Kirkwood spoke to advocate to keep the Ponto property for open space and to build the
Ponto Park. He also advocated for alternatives projects for the Ponto property.
Owen Rassman and Laura Walsh spoke to advocate to keep the Ponto property for open space
and to build the Ponto Park.
Michael Sebahar, Co-founder of People for Ponto, spoke to advocate to keep the Ponto
property for open space and to build the Ponto Park. He also suggested that the city look into
different ways to purchase the property.
July 13, 2021 Item #14 Page 17 of 53
Nov. 9, 2021 Item 4 Page 18 of 55
January 26, 2021 Carlsbad Oty Council Regular Meeting Page 9
Howard Krausz spoke to advocate to build the Ponto Park. He afso suggested that the city look
into different ways to purchase the property.
Diane Nygaard spoke to advocate to build the Ponto Park. He also suggested that the City
look into different ways to purchase the property.
Richard Saldivar spoke to advocate to keep the Ponto property for open space and to build
the Ponto Park. He also suggested that the city look into different ways to purchase the
property.
Gary Coleman spoke to advocate to build the Ponto Park. He also suggested that the city look
into different ways to purchase the property.
Council Member Bhat-Patel left the meeting at 7:33 p.m·. for health reasons.
In response to an inquiry from Council Member Acosta, City Planner Don Neu explained that
applications to develop can be forced to be withdrawn by the city if the project becomes
stalled or if an appllcation is incomplete. He further explained that the application that was
filed in 2016 for the Ponto property has been left on file at the request of the owner so that
they could find a new developer.
In response to an inquiry from Council Member Schumacher, City Attorney Celia Brewer
explained that the Ponto property is a very complex issue and there are several laws at issue
and if the Council did decide to put this item on a future agenda to pursue the property,
careful consideration would need to be given for legal reasons.
In response to an inquiry from Mayor Pro Tern Blackburn1 City Attorney Celia Brewer
explained that when the city pursues acquiring property it gets the property appraised by a
Members Appraisal Institute (MAI) appraiser and that price is used as the foundation for the
acquisition strategy.
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Celia Brewer
explained that if proceedings were to continue the city would need to work with the property
owner to get appropriate appraisals.
In response to an inquiry from Mayor Hall, City Attorney Celia Brewer explained that anything
to do with land use has the potential to create legal challenges. She added that the city does
not own the property nor control it and that the conversations occurring without a willing
seller have potential for future legal challenges.
In response to an inquiry from Mayor Hall, City Planner Don Neu explained that he could not
recall a time where property was downzoned without a request from a willing property
owner.
July 13, 2021 Item #14 Page 18 of 53
Nov. 9, 2021 Item 4 Page 19 of 55
January 26, 2021 Carlsbad City Council Regular Meeting Page 10
Minute Motion by Council Member Acosta, second by Council Member Schumacher1 to direct
staff to bring back an item within the next six mont hs with viable strategies regarding
Planning Area F and other coastal properties to preserve open space and recreation. Motion
carried, 4/0/1 {Bhat-Patel -Absent).
13. STRATEGIC DIGITAL TRANSFORMATION INVESTMENT PROGRAM -Adoption of a resolution
approving the preliminary St~ategic Digital Transformation Investment Program. (Staff
contact: Laura Rocha, David Graham and Maria Callander, Administrative Serv:ices}
City Manager's Recommendation: Adopt the reso.lution.
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to continue
the item until after goal setting. Motion carried, 4/0/1 (Bhat-Patel -AbsentJ.
COUNCIL REPORTS AND COMMENTS: Mayor Hall and the City Council Members reported on
activities and meet ings of .some committees and subcommittees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 8:22 p.m.
Hector Gomez
Deputy City Clerk
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July 13, 2021 Item #14 Page 19 of 53
Nov. 9, 2021 Item 4 Page 20 of 55
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Nov. 9, 2021 Item 4 Page 23 of 55
4-21
General Plan
Open Space, Conservation, and Recreation4
General Plan
4.5 Parks and Recreation
Park Classification
The General Plan establishes three park classifications, as described below and
depicted on Figure 4-3.
Community Parks
Community parks are typically 20-50 acres in size (though there are several
smaller parks “grandfathered” into this classification), and designed to serve the
recreational needs of several neighborhoods, with a focus on serving families
from the vicinity with daily frequency. Community parks generally provide
active and passive use amenities; however, they are not limited to the exclusive
use of either. Minimum facilities should include:
• Family-oriented picnic areas
•Group picnic areas
• Turfed open space areas for free play
• Multi-purpose playfield(s) (lighted when appropriate)
• Tot lot areas
• Structures for lectures, meetings, skills, instructions, etc.
• Buffer areas
• Special use facilities such as community gardens, swimming pools, tennis
courts, horseshoes, handball and racquetball courts, bicycle paths, skate
parks, dog parks, etc. as per specific community demand may be located
within these parks if appropriate to the interests and needs of the com-
munity in which the park is located.
Special Use Areas
Special use areas are typically between one and five acres in size, with only one
or two basic uses, which can be either active or passive in orientation. Examples
include, but are not limited to, swim facilities, skate parks, dog parks, tennis
courts or picnic areas. School sites that operate under a joint-use facility
agreement between the City of Carlsbad and a school district are also included
in the inventory. Adequate access should be a primary siting criteria utilized in
determining the location of special use areas.
Special Resource Areas
Special resource areas have citywide and potentially regional significance
related to the quality of the site or service that it provides. This quality may be a
natural feature (geological, ecological, hydrological), historical resource (archi-
tectural, archaeological), or some combination thereof. Special resource areas
are typically larger than community parks.
y,//dϳ
July 13, 2021 Item #14 Page 23 of 53
Nov. 9, 2021 Item 4 Page 24 of 55
4-22
City of Carlsbad
Open Space, Conservation, and Recreation4 Active and Passive Recreation. In addition to a park’s primary classification,
the city may describe a park as containing active and/or passive areas. Parks can
be developed with either active or passive park amenities or a combination of
both. Active park areas typically provide a form of organized and/or supervised
recreation, such as gymnasiums, swim complexes, multi-use ball fields, tot lots,
hard court play surfaces, volleyball, horseshoe areas, BMX bike courses, and
skate parks or a combination thereof. Passive park areas often provide minimal
or no amenities associated with active use. The very nature of passive use implies
quiet, contemplative, low impact activity, such as nature trails, walkways, picnic
tables, benches, and small turf and/or landscaped areas.
Regional Recreation. Three of the city’s special resource areas (Lake Calavera,
Agua Hedionda Lagoon and Batiquitos Lagoon) and one community park
(Veterans Memorial), as well as the beaches, serve a regional recreation need;
however, they will continue to function pursuant to their primary park classifi-
cation as identified above.
Existing Park and Recreation Areas
Carlsbad currently has 13 community parks (254.6 acres), 27 special use areas
(81.1 acres), and five special resource areas (more than 1,300 acres). Table 4-4
provides a list of existing parks in the city, the quadrants in which they are
located, and approximate acreages by park. Special resource areas do not count
toward the Growth Management Plan. Although golf courses are a source of
recreation, these park acreage numbers and ratios do not include land dedicated
to golf courses (golf courses are not classified as parks). Golf courses are included
in the calculation of the overall supply of open space in the city.
Future Park and Recreation Areas
The city’s Parks and Recreation Needs Assessment and Comprehensive Action
Plan, which was completed in Fall 2013, indicates the current trends and rec-
reational needs identified by the Carlsbad community. The plan is based upon
extensive community participation, and Table 4-5 identifies some of the antici-
pated future park development projects based upon input received.
In addition to the future parks identified in Table 4-5, an area referred to as Hub
Park may provide an opportunity for a future park; however, the park is not
planned at this time. In 1975, as a result of the approval of the Encina Power plant,
SDG&E and the city entered into a lease that allows the city to use a portion of
the SDG&E owned property on the south shore of Agua Hedionda Lagoon for
park and recreational purposes. The term of the lease is for 60 years and can be
extended to 99 years or 2074. The potential future park area is approximately
91 acres. Because this park is not a planned park, it is not included in the future
park inventory.
July 13, 2021 Item #14 Page 24 of 53
Nov. 9, 2021 Item 4 Page 25 of 55
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Nov. 9, 2021 Item 4 Page 26 of 55'~-1 ___ /J.-./'··, .. , .. , .. , .. ,_ . ··•-. -l_ ·v_,--/ /-~ .. / \ I \ • I _________ j \..., '\, ,, ,, I\ " ,, i i L _____ l \ ; l ----------------_ ! L--·1 i i 1 i :, i i i ;-------·•-' i i i ! ! i r·~ .... _____ J -----5J
4-25
General Plan
Open Space, Conservation, and Recreation4
General Plan
TABLE 4–4: EXISTING COMMUNITY PARKS, SPECIAL USE AREAS, AND SPECIAL RESOURCE
AREAS (2013)
FACILITY NAME QUADRANT ACRES
Existing Community Parks
Alga Norte Community Park SE 32.1
Aviara Community Park SW 24.3
Calavera Hills Community Park NE 16.8
Hidden Canyon Community Park (includes 12.7 acres of Carlsbad Village Drive
open space)
NE 22
Holiday Park NW 6.0
Hosp Grove Park NW 27.1
La Costa Canyon Community Park (includes 8.9 acres of La Costa Canyon open
space)
SE 14.7
Laguna Riviera Park NW 4.2
Leo Carrillo Ranch Historic Park (includes 16.5 acres of Carrillo Ranch open
space)
SE 27.4
Magee House and Park NW 2.1
Pine Avenue Park (includes Madison Street parcels)NW 8.2
Poinsettia Community Park (includes 11.1 acres of Poinsettia open space) SW 41.2
Stagecoach Community Park SE 28.5
Subtotal Community Parks 254.6
Existing Special Use Areas
Aviara Oaks School Field SW 4.7
Buena Vista Elementary School Field NW 2.6
Business Park Recreational Facility (Zone 5 Park)NW 3.0
Cadencia Park SE 4.0
Calavera Hills Trailhead NE .3
Cannon Park NW 1.7
Car Country NW 1.0
Carlsbad High School Tennis Courts NW 1.7
Chase Field NW 2.7
Frazee/Tamarack State Beach Facilities Bluff NW 8.8
Harding Community Center NW 1.0
Harold E. Smerdu Community Garden NW 1.3
Hope Elemntary School Field NE 2.8
Hosp Grove Trailheads NW 7.6
Kelly Elementary School Field NW 2.9
Jefferson Elementary School Field NW 2.2
La Costa Meadows Elementary/El Fuerte Park SE 4.7
Lagoon Observation Area NW 1.4
La Costa Heights Park SE 3.5
Magnolia Elementary School Field NW 4.0
Maxton Brown Park NW 0.9
July 13, 2021 Item #14 Page 26 of 53
Nov. 9, 2021 Item 4 Page 27 of 55
4-26
City of Carlsbad
Open Space, Conservation, and Recreation4 TABLE 4–4: EXISTING COMMUNITY PARKS, SPECIAL USE AREAS, AND SPECIAL RESOURCE
AREAS (2013)
FACILITY NAME QUADRANT ACRES
Monroe Street Swim Complex NW 2.0
Oak Park NW 0.2
Pio Pico Park NW 0.8
Senior Center Complex NW 3.4
Skate Park NE 3.4
Valley Junior High School Field NW 8.5
Subtotal Special Use Areas 81.1
Existing Special Resource Areas
Agua Hedionda Lagoon 254.0
Batiquitos Lagoon 484.0
Beaches 113.2
Buena Vista Lagoon 202.0
Lake Calavera 256.5
Subtotal Special Resource Areas 1,309.7
TOTAL EXISTING PARKLAND 1,645.4
Source: City of Carlsbad Parks and Recreation Department, 2013.
TABLE 4–5: ANTICIPATED FUTURE PARK DEVELOPMENT PROJECTS
QUAD PARK DEVELOPMENT PROJECT PARK CLASSIFICATION ESTIMATED
PARK ACREAGE
NW Cannon Lake Park Special Use Area 6.8
NW Business Park Recreational Facility
(Zone 5 Park) Expansion
Special Use Area 9.3
NE Robertson Ranch Park Special Use Area 11.2
SW Poinsettia Community Park- Phase IIb Community Park NA1
SE Leo Carrillo Ranch Park-Phase III Community Park NA1
CITYWIDE Veteran’s Memorial Park Community Park 91.5
1 Improvements within existing park acreage; no additional park acreage to be added.
July 13, 2021 Item #14 Page 27 of 53
Nov. 9, 2021 Item 4 Page 28 of 55
4-27
General Plan
Open Space, Conservation, and Recreation4
General Plan
TABLE 4–6: PARK FACILITY STANDARDS
CLASSIFICATION SIZE LEVEL OF SERVICE ACCESS OWNERSHIP STANDARD
Special Resource
Area
100 acres
+ unique
character and/or
use not found
in community
parks
Citywide Vehicular,
bicycle,
pedestrian
Public N/A
Community
Park
20-50 acres as
a guideline,
where
acquisition
of sufficient
acreage is
possible
Community Vehicular,
bicycle,
pedestrian
Public 3 acres of
community park
or special use
area per1,000
population
Special Use Area 1-5 acres Neighborhood
and community
Vehicular,
bicycle,
pedestrian
Public, private
and quasi-public
Recreational
Facilities for
Industrial Areas
Negotiable In proximity to
employees
Vehicular,
bicycle,
pedestrian
Public/private _
1
1 There is a fee based on square feet of industrial floor area.
Parkland and Open Space Standards
Growth Management
The city’s Growth Management Plan facility standard for parks is described in
Section 4.2 and summarized below in Table 4.6. The city annually monitors the
status of compliance with all Growth Management Plan facilities standards. As
of 2013, the city’s park facilities are consistent with the Growth Management
Plan park facilities standard and citywide there is a ratio of three acres per 1,000
population. See below for information regarding future park demand.
Quimby Act
The 1975 Quimby Act (California Government Code Section 66477) authorizes
cities to require developers to set aside land or pay fees for park improvements.
The goal of the act is to require developers to help provide for parkland needs of
new development. The act allows cities to require dedication or in lieu fees for
community and neighborhood parkland contributions up to three acres per 1,000
population, or up to five acres per 1,000 population to match the existing ratio if it
is higher than three acres per 1,000 population. Under the Quimby Act, fees must
be paid and/or land conveyed directly to the local public agencies that provide
park and recreation services communitywide; however, revenues generated
through the Quimby Act cannot be used for the operation and maintenance of
park facilities. The city’s parkland standards are consistent with the Quimby Act.
July 13, 2021 Item #14 Page 28 of 53
Nov. 9, 2021 Item 4 Page 29 of 55
4-28
City of Carlsbad
Open Space, Conservation, and Recreation4 Future Demand and Parkland Distribution
Carlsbad will have an estimated 51,821 dwelling units and 129,901 residents at
buildout. Based on this projection and applying the current park standards from
the Growth Management Plan, future demand for park land will be 389.7 acres
citywide. Assuming completion of currently planned parks, including Veteran’s
Memorial Park and Robertson Ranch Park, the city will at buildout have a
parkland surplus in each of the four quadrants, and a 64.9 acre surplus citywide.
Table 4-7 summarizes the city’s projected park needs and the estimated amount
of future park acreage.
TABLE 4–7: PARK NEEDS PROJECTED FOR BUILDOUT
QUADRANT BUILDOUT ESTIMATE
Northwest
Population Estimate 37,904
Park Acres Needed 113.7
Future Park Acres1 144.3
Future Surplus or (Deficit) 30.6
Northeast
Population Estimate 22,423
Park Acres Needed 67.3
Future Park Acres1 79.4
Future Surplus or (Deficit) 12.1
Southwest
Population Estimate 27,795
Park Acres Needed 83.4
Future Park Acres1 93.1
Future Surplus or (Deficit) 9.7
Southeast
Population Estimate 41,780
Park Acres Needed 125.3
Future Park Acres1 137.8
Future Surplus or (Deficit) 12.5
Citywide
Population Estimate 129,901
Park Acres Needed 389.7
Future Park Acres1 454.6
Future Surplus or (Deficit) 64.9
1 Future park acres include the acreage of existing and future planned parks per Tables 4-4 and 4-5. In
regard to Veteran’s Memorial Park, because of the park’s central location in the city, and pursuant to
the city’s Citywide Facilities and Improvement Plan, the 91.5 acre park will count toward satisfying
the park needs of each quadrant (22.9 acres per quadrant).
July 13, 2021 Item #14 Page 29 of 53
Nov. 9, 2021 Item 4 Page 30 of 55
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Nov. 9, 2021 Item 4 Page 31 of 55---] 5J
Vacant and under-developed parcels west of I-5 and south of Palomar Airport RoadMap No. Zone No. Common name or Owner of Record APN Parcel Size (GP DesignationVacant or Under-developedActive Permit? Existing Easement?NotesParcels without OS protection1 9 Ponto (L S F 5 Carlsbad Holdings LLC)2161404300 11.30 R-23/GC VacantYesNoSB 330 application2 9 Newage Carlsbad Resort LLC2161404400 14.30 VC/OS VacantYesYes - SW portionGPA2019-0004 in review for Four Seasons Resort322Schreiber Dale L and Donna E Survivors Trust2160100100 thru 05001.14 GCVacantNo4 22 Chappee Family Trust2141602800 0.92 R-15/VC VacantNoNoAppears to be used as storage yard31 22Schreiber Dale L and Donna E Survivors Trust21416025001.50 R-15/VC Under-developed NoNoExisting mini-storage522Schreiber Dale L and Donna E Revocable Trust21417111002.38 R-15Under-developed NoNo6 22 White Tommy B Living Trust2140231300 0.09 R-8VacantNoNo722 Donahue Family Trust2140220400 0.11 R-8VacantNoNo8 22 Terra Bella Development LLC2140211100 0.11 R-8VacantYesNoSingle family home approved9 22 Donahue Family Trust2140210400 0.11 R-8VacantNoNo10 22 Encina Wastewater AuthorityVarious - see map 21.01* PI/OVacantYes* NoEWA expansion site. Request submitted to verify remaining ACMF for rest of site.11 22Carlsbad Municipal Water DistrictVarious - see map 5.70 PI/OUnder-developed Yes* NoCMWD expansion area shown on exhibits for CUP 99-23(A)12 22 City of Carlsbad2101002000 0.58 VCVacantNoNoParcels with OS protection13 22 State of California2101000400 0.47 OSVacantNon/a**14 22 State of California21010003007.40 OSVacantNon/a**Beach and bluff15 22 State of California211030290011.87 OSUnder-developed Non/a**Beach, bluff and parking lot16 22 Carlsbad Seapointe Resort2140101400 5.59 OSVacantNon/a**Marshland/wetland preserved by Seapointe Resort17 22 Waters End Homeowners Association2146105800 3.33 OSVacantNon/a**Trail and wetland east of RR tracks18 22 State of California2161400800 3.01 OSVacantNon/a**Beach19 9 Batiquitos Pointe2161404200 3.27 OSVacantNon/a**Slope on north side of lagoon20 9 Kaiza Poinsettia Corporation2161403800 12.79 OSVacantNon/a**Slope on north side of lagoon21 9 State of California2161403900 1.10 OSVacantNon/a**Slope on north side of lagoon22 9 State of California2161404100 6.76 OSVacantNon/a**Lagoon23 9 State of California2160420700 14.54 OSVacantNon/a**Lagoon24 9 State of California2161403400 11.63 OSVacantNon/a**Lagoon25 9 State of California2161404000 2.95 OSVacantNon/a**Lagoon26 9 State of California2161402200 14.12 OSVacantNon/a**Lagoon27 9 State of California2161402300 14.58 OSVacantNon/a**Lagoon28 9 State of California2160306600 48.27 OSVacantNon/a**Lagoon29 9 State of California2160412300 8.97 OSUnder-developed Non/a**Beach and parking lot30 9 State of California2160412500 4.25 OSUnder-developed Non/a**Beach and parking lot* CUP 99-23 and CUP 99-23A applies to the entire Encina Wastewater Authority site, but the plans only show expansion on a portion of the site. A CUP amendment would be required to develop the remainder of the site. Acreage estimate is basedon area remaining that is still subject to the Agricultural Conversion Mitigation Fee, which would be required prior to development.** Some of these parcels may also have easements dedicating them as open space, however because they are protected by the General Plan Open Space designation, the easement question is not applicable. y,//dϴJuly 13, 2021 Item #14 Page 31 of 53
Nov. 9, 2021 Item 4 Page 32 of 55
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Development Permit Description EXHIBIT 9
Site 1 - PRE 2021-0015 SB 330 Preliminary Review (for Ponto Beachfront project site)
xSB 330 application to lock zoning standards and land use designations
xApplication proposes 136 multi-family condos, 18,000 sf of retail and restaurant
xApplication submitted - 4/27/2021
Site 2 - GPA 2019-0004 Four Seasons Carlsbad
xApplication proposes a luxury 3-story resort hotel & 48 timeshares with ancillary facilities
xApplication submitted - 9/13/2019
xApplication status - under review
Site 7 - CDP 2020-0007 Terra Bella Development
xApplication proposes a new two-story single-family dwelling
xApplication submitted - 3/9/2020
xApplication approved - 11/4/2020
xBuilding and grading permits are under review
July 13, 2021 Item #14 Page 34 of 53
Nov. 9, 2021 Item 4 Page 35 of 55
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July 13, 2021 Item #14 Page 35 of 53
Nov. 9, 2021 Item 4 Page 36 of 55
~ Jackson Tidus .t"6 A LAW CORPORATJON
April 19, 2021
Mr. Jeff Murphy
Direct Dial: 949.851.7409
Email'. mstaples@jacksontidu$,.law
Reply to: Irvine Office
File No: 5863-99917
Director, Community Development Department
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Re: Notice of Applicability of SB330 (Housing Crisis Act of 2019) to the Carlsbad Ponto
Beacbfront Project
Dear Mr. Murphy,
Our firm represents LSF5 Carlsbad Holdings, LLC, the owner of the 11-acre parcel of land
located no1th of Avenida Encinas along Ponto Drive in the City of Carlsbad, APN 216-140-4300,
commonly refened to as the Ponto pl'operty (the "Prope1ty"). As indicated in our April 1, 2021,
letter to the City Council, enclosed is the Property owner's ~B 330 stream.lii1ed ptelitninary
development application under the State Housing Crisis Act. Project development is subject
only to the Ol'dinances, policies and standards adopted and in effect at the time of this submittal.
The Property is identified in the City's cw-rent housing element of the General Plan as a site
capable of supporting the development of housing at a variety of income levels in accordance
with the City's regfonal housing needs allocation (''RHNA"). In 2015, the City Council
formalized its intent that the Ptope1ty be used to belp suppoft: the City's housing needs by
changing the land use designation on the Property. As palt of the 2015 General Plan update, tJ1e
City adopted findings confirming, among other things, that multi.family residential development
of the Property is consistent with the existing adjacent residential neighborhoods and close to
neighborhood services. (See, Planning Commission Resolution No. 71 14, Finding No, l ;
approved by City Council Resolution 2015-243,) ln 2016, the City initiated and received
approval from t he California CostaJ Commission of a local coastal program ("LCP") amendment
to further confirm the intent of the City to designate the Property for residential uses by ensuring
the General Plan and the LCP land use map were consist'ent. Later in 2016, a development
application was filed with the City which, in accordance with the General P lan and LCP,
proposed to construct badly needed affordable housing alongside other permitted uses.
The General Plan, LCP lat:i.d use map and zoning map now c learly and unambiguously designate
and permit the Property to be used for multi-family housing and general commercial
development. Despite this, on January 26, 202 l, the City Council directed staff to present
"options" lo facilitate the development of a public park on the Prope1ty. Then, on April 6, the
City Council directed staff to remove the Property from the City's Housing Element, despite its
clear and demonstrated potential to accommodate housing in accordance with RHNA (including
Irvine Office
2030 Main Street, 12th Floor
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t 949.752.8585 f 949.752.0597
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t 805.230.0023 f 805.230.0087
wwwJacksontidus. law
July 13, 2021 Item #14 Page 36 of 53
Nov. 9, 2021 Item 4 Page 37 of 55
Mr. Jeff Murphy
April J 9, 2021
Page 2
affordable housing) and the existence of a pending development application. The stated basis for
this action to remove the Prope1ty from the Housing Element was not because the Property could
no longer serve to accommodate housing at a variety of income levels, but rather, because it
would serve to placate some nearby residents who wish to prevent the development of affordable
and market rate housing as is permitted by the General Plar1, LCP and zoning. Although it was
made clear that removing the site from the RI-INA h1ventory does not change the zoning or the
ability to develop housing on the Property, the City Council's April 6 action stigmatizes
residential development of the site and could impair our existing contract with the new developer
of the Property.
As California's housing supply and homelessness crisis continues, the State Legislature has for
the past several years passed oumerous pieces of housing legislation in each legislative session.
The City Council's April 6 agenda report summarizes significant new housing laws. In
pruti:cular, SB 330 OJ' the "Housing Crisis Act"1 creates irnpottant new vesting rights for housing
developments. As described herein, the Ponto Beachfront Project (the ''Project") is an eligible
''housing development" subject to the Housing Accountability Act (Government Code section
65589.5, "HAA'') and will be subject to the provisions of SB 330.
The Property is also subject to "no net Joss'' requirements and downzoning prohibit ions under the
R ousing Crisis Act (Gov. Code, § 66300), discussed below in th.is letter) and Housing Element
law (Government Code section 65863, "no net loss" law and HCD Guidance Memorandum
dated October 2, 2019, https://www.hcd.ca.gov/community-development/housing-element/housing-
element-mernos/docs/sb-l 66-final.pdf); discussed in our prior letters. The "no net loss"
requirements under Housing Element law generally prohibit a jurisdiction from reducing a
parcel's residential density or unit count without identifying remaining sites to accommodate the
unjts at the same income categmy.
As such, any fintheJ actions taken by the Council to facilitate a public park on the Prope1ty are
precluded by state law, in addition to Constitutional protections, and could interfere with the
Property owner's contrnctual anangements and economic advantage. No changes to the land use
designation, zoning, or other applicable plans can be effectuated, as would be needed to
redesignate the Prope1ty for park use. Accordingly, there exists no rational basis to continue
discussions about park "options" o□ the Property. Any additional actions could only be seen as
being for the sole purpose of illegally frustrating the development of affordable housing jn
violation of State law.
The applicability of sevetal key SB 330 protections that relate to the Project are discussed in
greater detail below.
1 See https://lcginfo.legislatw·e.ca.gov/foces/billT e.xtClfom.xhtmJ?bi 11 id=20 l 920200SB330,
July 13, 2021 Item #14 Page 37 of 53
Nov. 9, 2021 Item 4 Page 38 of 55
Mr. Jeff Murphy
April 19, 2021
Page 3
Preliminary Application Protections
Specifically, and most immediately relevant to this Project, SB 330 amends the HAA to specify
that effective January 1, 2020, an appLication is "deemed complete" as defined in the HAA if a
qualifying "preliminary application" has been submitted.2
The Project shall be deemed to have submitted a qualifying preliminary application, provided it
has submitted the information specified in Government Code section 65941. l(a). For further
details regarding the SB 330 preliminary application requirements and the Pmject's compliance
with them, see the completed "City of Carlsbad Application Form For SB 330 Streamline
Application" submitted with this letter. The s-ubmitted application sets forth all requirements in
Government Code section 65941.l(a) and demonstrates that the Property owner has provided
each item for the Project. As noted in the enclosed City of Carlsbad Application Form For SB
330 Streamline Application, the Project proposes 108 market rate dwelling units. plus 28 low
income dwelling units for a total of 136 dwelling units. While no incentives are being proposed,
the application reserves a ll rights to amend the application to request a bonus and/or separate and
independently available incentives, waiveJ·s and parlang reductions in accordance with State law.
importantly, as of lhe date of the submission of the Project's preliminary application, the City
General Plan Land Use Map designates the Project site for residential uses at the density that the
Project proposes.3 Th.e City's zoning map disignates the Ptoject site as Planned Comnrnnity
(P-C).4 Further, in May 2016, the CaJifornia Coastal Commission approved the City's LCP land
use map that designates the project site as residential. When a project is deemed complete, SB
330 prohibits the City from disapproving the project or imposing conditions that the project be
developed at a lower density unless very limited findings of a "specific, adverse impact" would
occur with "no feasible'-method to satisfactol'ily mitigate or avoid the adverse impact."5 A
"specific, adverse impact" is defined narrowly to mean a significant, quantifiable, dicect, and
tmavoidable impact, based on objective, identified written public health or safety standards as
they exist as of the preliminary application submittal. 6
Vested Rights and Ex;sting Law Protect Against Any Potential Cha11ge to a Less In.tensive Land
Use Designation
With the submission of the enclosed preliminary application, the Project will be deemed
complete.7 As a result, the Project has vested rights that prohibit the City from denying or
2 Gov. Code§ 65589.S(h)(S).
3 The General Plan Land Use designation is R-23, Residential 15"23 du/ac. See
hllps://www .earl sbadca.e.ovlci vi cax/ fi lebau k/bl 0bdJ oad.asox?BI obi D=-24087.
4 City Municipal Code Section 2 l.38.010(1) states that the intent ofthis district .is to "[p]rovide a flexible regulatory
procedure to encow·age creative and imaginative planning of coordfoated communities involving a mixture of
residential densities and housing types, open space, community facilities, both pub'lic aud private and, where
appropriate, commercial and industrial areas."
5 Gov. Code, § 65589.SG)(l)(A) and (B).
6 ld.
7 Gov. Code, § 65589.S(h)(S).
July 13, 2021 Item #14 Page 38 of 53
Nov. 9, 2021 Item 4 Page 39 of 55
Mr. Jeff Murphy
April 19, 2021
Page4
reducing the density of this Project, except upon very stringent findings, or from applying new
standards.8 In addition to these vested rights, regardless of whether an SB 330 application was
submitted, the Housing Crisis Act (Gov. Code, § 66300) also prohibits local agencies, such as
the City, from "[c]hanging the general plan land use designation, specific plan land use
designation, or zoning of a parcel or parcels of prope1ty to a less intensive use or reducing the
intensity of land use within an existing general plan land use designation, specific plan land use
designation, or zoning district blow what was allowed under the land use designation and zoning
ordinances of the affected county or affected city, as applicable) as in effect on January (,
2018 ... "9 At the April 6, 2021 , City Council meeting, the City Council directed its staff to
remove the Project site from its draft Housing Element. This reduction of housing capacity is
impermissible if the City does not concurrently ensure no net loss in residential capacity and at
the same income category.10 The HAA prohibits a change of the Project site to a park when
there js no concurrent increase in residential density. Regardless of any potential change in
designation, as noted above, the submission of this preliminary application grants vested rights to
the Project that protect against any potential change in land use to a park.
Prohibition on Housing Moratoria or Sim;/ar Restrictions
As the City CouncWs April 6, 2021, agenda package explains.,. the housing production
protections in the Housing Crisis Act also extend to prohibitions on a jurisdiction's ability to
impose " ... a moratorium or similar testriction or limitation on housing development, including
mixed-use development, within all or a portion of the jurisdiction of the affected county or city,
other than to specifically protect against an imminent threat to the health and safety of persons
residing in, or within the immediate vicinity of, the area subject to the moratorium ... " 11
Completeness Review Limitations
SB 330 also specifies that in addition to pre-application procedures in Government Code section
. 65941.1, once the applicant submits a formal Project application, in the event the City
determines the Project has not complied with the formal application materials requirement and
the application is incomplete, it must provide an "exhaustive list of items that were not
com~lete" within 30 days; after that, no further requests can be made for items not on this initial
Jist.1
Hearing Limit
In addition, SB 330 imposes a requirement that limits the total number of hearings that can be
held on the Project to five (5). Government Code section 65905.S(a) specifies that after the
application is deemed complete, the City may not hold more than five (5) hearings in connection
8 Gov. Code,§ 65589.50)(l)(A) and (B).
9 Gov. Code,§ 66300{b)(l)(A).
10 Gov. Code, § 66300(i)(l); Gov. Code, § 65863.
11 Gov. Code,§ 66300(b)(l)(B)(i), ,.
12 Gov. Code, § 65943 as amended by SB 330.
July 13, 2021 Item #14 Page 39 of 53
Nov. 9, 2021 Item 4 Page 40 of 55
Mr. JeffMurphy
April l9, 2021
Page 5
with approval of the Project. Government Code section 65905.S(b) defines a "hearing" to
include "any public hearing, workshop, or similar meeting conducted by the city 01· county with
respect to the housing development project, whether by the legislative body of the city or county,
the planning agency established pursuant to Section 65100, O[ any other agency, depattment,
board, commission, or any other designated hearing officer or body of the city or county, or any
committee or subcommittee thereof."
Pl'Oiect Development Consistent with the General Plan
Southern California in particular is facing a chronic housing crisis. The recently adopted 6th
Cycle Regional Housing Needs Assessment underscores the dramatic need for housing. It
allocates 3,873 new dwelling units to the City.13 In the recently completed 5th Cycle, the City
only produced 322 affordable units out of the thousands of units allocated to the City to meet
housing needs.14 Consistent with tbe City's General P lan and due to the massive deficit in
housing production, the City inust restore the Project site into the RHNA inventory.
Furthermore, given the long history of tl1e Project site as being intended for residential uses, the
2015 and 2016 land use changes that were implemented to facilitate a residential project, and
now the existence of a vested preliminary SB 330 application, au.:y furthet' actions taken by the
City to change the designation of the Property in fu1iherance of a public park or otherwise
stigmatize residential development of the Prope1ty could expose the City to risk of violating the
HAA and other laws and constitutional protections. We trust that staff will make these
consequences known to the City Council before any additional public hearings regarding a park
and the Ponto Property.
Om team would be happy to fu1ther aiscuss with you and the City Attorney the enclosed SB 330
application and other points raised in this letter if you have any questions or need additional
info.rmatjon.
Sincerely,
Michele A Staples
cc: Scott Chadwick, Carlsbad City Manager (Scott.Chadwick(cv,carlsbadca.1?.ov)*
Celia Brewer, Carlsbad City Attorney (Celia.Brewer@carlsbadca.g,ov)*
* via email, w/o enclosures
13 See Table 1.1: 6th Cycle RHNA Allocation, 6th Cycle Regional Housing Needs Assessment Plan, SAND AG,
July 10, 2020, available at https://www.sandag.org/uploads/projectid/projectid l 89 27782.pdf.
Jq 5th Cycle Annual Progress Report Permit Summary available at https://www.hcd.ca.1wv/communilv-
development/housing-ele1nenl/index.shtml.
July 13, 2021 Item #14 Page 40 of 53
Nov. 9, 2021 Item 4 Page 41 of 55
Mr. Jeff Murphy
April 19, 2021
Page6
Enclosures: I) City of Carlsbad Application Form for SB 330 Streamline Application
2) Application Fee
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July 13, 2021 Item #14 Page 44 of 53
Nov. 9, 2021 Item 4 Page 45 of 55
CARLSBAD GENERAL PLAN EXHIBIT 15
Land Use and Community Design Element Land
Policy 2 - P.53
Policy 2-P.53
Plan and design Carlsbad Boulevard and adjacent public land (Carlsbad Boulevard coastal corridor)
according to the following guiding principles:
a.Carlsbad Boulevard shall become more than a road. This transportation corridor shall provide
for recreational, aesthetic and community gathering opportunities that equal the remarkable
character of the land.
b.Community safety shall be a high priority. Create destination that provides a safe public
environment to recreate.
c.Strategic public access and parking is a key to success. Development shall capitalize on
opportunities to add/enhance multiple public access points and public parking for the beach and
related recreational amenities.
d.Open views are desirable and important to maintaining the character of the area. Preservation
and enhancement of views of ocean, lagoons, and other water bodies and beaches shall 2-48
City of Carlsbad Land Use & Community Design 2 be a high priority in road, landscaping, and
amenity design and development.
e.Enhance the area’s vitality through diversity of recreational land uses. Carlsbad Boulevard
development shall provide for amenities, services and goods that attract a diversity of residents
and visitors.
f.Create vibrant and sustainable public spaces. Development shall provide for unique and vibrant
coastal gathering spaces where people of all age groups and interests can gather to enjoy
recreational and environmental amenities and supporting commercial uses.
g.Connect community, place and spirit. Design shall complement and enhance connectivity
between existing community and regional land uses.
h.Environmentally sensitive design is a key objective. Environmentally sensitive development that
respects existing coastal resources is of utmost importance.
i.A signature scenic corridor shall be created through design that honors the coastline’s natural
beauty. The resulting improvements will capture the ‘essence’ of Carlsbad; making it a special
place for people from throughout the region with its natural beauty and vibrant public spaces.
Properly carried out, the realigned boulevard will maximize public views and encourage
everyone to slow down and enjoy the scenery.
j.Reimagining of Carlsbad Boulevard shall be visionary. The reimagined Carlsbad Boulevard
corridor will incorporate core community values articulated in the Carlsbad Community Vision
by providing: a) physical connectivity through multi-modal mobility improvements including
bikeways, pedestrian trails, and a traffic-calmed street; b) social connectivity through creation of
memorable public spaces; and c) economic vitality through a combination of visitor and local-
serving commercial, civic, and recreational uses and services.
July 13, 2021 Item #14 Page 45 of 53
Nov. 9, 2021 Item 4 Page 46 of 55
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July 13, 2021 Item #14 Page 46 of 53
Nov. 9, 2021 Item 4 Page 47 of 55
Acres:50Acres:3Acres:7Acres:1Copyright nearmap 2015Acres:50Acres:1Copyright nearmap 2015Acres:50Acres:1Copyright nearmap 2015k )HHWCarlsbad Boulevard Realignment: Right-of-Way and Available Land Analysis*Proposed ROW (Approximately 43 acres)Area Available for Other Uses (Approximately 62 acres)* Analysis is based on aerial imagery. Right-of-way boundaries and acreages are approximate and intended for planning level analysis only.Scale: 1:10,000&9)*#*5July 13, 2021 Item #14 Page 47 of 53
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July 13, 2021 Item #14 Page 48 of 53
Nov. 9, 2021 Item 4 Page 49 of 55
LFMZ 22 Sites Expected to Contribute GMP Performance Standard Open SpaceMap No. Common name or Owner of Record APNGP DesignationVacant or Under-developedGross Parcel Size (acres)Net Developable Area (acres)*GMP 15% Open Space (estimate)**Notes1 City of Carlsbad2101002000 VCVacant0.580.550.082Carlsbad Municipal Water District/Encina Wastewater AuthorityVarious - see map PI/OUnder-developed3.543.540.53CMWD expansion area shown on exhibits for CUP 99-23(A)3 Encina Wastewater AuthorityVarious - see map PI/OVacant23.5123.513.53EWA expansion site. Request submitted to verify remaining ACMF for rest of site.4 Chappee Family Trust2141602800 R-15/VC Vacant0.920.920.14Appears to be used as storage yard5Schreiber Dale L and Donna E Revocable Trust2141711100R-15Under-developed2.382.380.366Schreiber Dale L and Donna E Survivors Trust2141602500R-15/VC Under-developed1.501.500.23Existing mini-storage7Schreiber Dale L and Donna E Survivors Trust2160100100 thru 0500GCVacant1.141.140.1733.5733.545.03** Fifteen percent of the total land area in the LFMP zone, exclusive of environmentally constrained non-developable land, must be set aside for permanent open space and must be available concurrent with development. The numbers in this table are estimates based on available GIS data and may differ from an actual development proposal that contains more precise data.Total* Gross parcel size minus constraints according to CMC Section 21.53.230 y,//dϭϵJuly 13, 2021 Item #14 Page 49 of 53
Nov. 9, 2021 Item 4 Page 50 of 55
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July 13, 2021 Item #14 Page 53 of 53
Nov. 9, 2021 Item 4 Page 54 of 55
CA Review CKM
Meeting Date: July 13, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Tammy McMinn, Senior Deputy City Clerk
tammy.mcminn@carlsbadca.gov, 760-434-2953
Subject: Mayoral Appointment of Two Members to the Library Board of Trustees
District: All
Recommended Action
Adopt resolutions appointing two members to the Library Board of Trustees.
Executive Summary/Discussion
Trustee Sandy Parsons was appointed in June 2013 to the Library Board of Trustees and
reappointed in June 2017. Trustee Parsons has served two full terms and is not eligible for
reappointment. There is a scheduled vacancy for a four-year term ending in June 2025.
Trustee Beth Hulsart was appointed in June 2013 to the Library Board of Trustees, and
reappointed in June 2017. Trustee Hulsart has served two full terms and is not eligible for
reappointment. There is a scheduled vacancy for a four-year term ending in June 2025.
Seven applications were received by the City Clerk’s Office. In accordance with City Council
Policy No. 88, the Mayor has recommended the following four residents wishing to serve on the
Library Board of Trustees to advance in the process and interview with the full City Council:
x Nelson Ross – District 3
x Stan Schatt – District 4
x Steven Gish – District 2
x William Sheffler – District 1
Exhibit 3 includes applications submitted from the residents selected to advance in the
interview process with the full City Council.
The Maddy Act (Cal. Government Code §§ 54970-54974) requires that on or before
December 31 of each year the legislative body must prepare a Local Appointments List which
contains the appointive terms of Board and Commission members which will expire in the next
calendar year. The name of the incumbent appointee, the date of appointment and the term
expiration date is also included on the list. Based on the prepared list, the City Clerk’s Office
accepts applications (available on the city’s website and in the City Clerk’s Office) for any
upcoming vacancies.
Carlsbad Municipal Code Chapter 2.16 states that the Library Board of Trustees shall consist of
five at-large members, appointed by the Mayor with the approval of the City Council.
July 13, 2021 Item #15 Page 1 of 12
Nov. 9, 2021 Item 4 Page 55 of 55