HomeMy WebLinkAbout1973-12-28; City Council; Resolution 3329RESOLVTION NO. 3329
A ~,EsoLuTIori OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA , ANENDING
THE CENEP&L PLAW BY THE ADDITION THERETO
OF THE OPE17 SPACE AND CONSERVATION ELEPfEXXS.
'MHEREAS, Sections 65302 and 65563 of the Government Code
of the State of California require that the City of Carlsbad
adopt an O?en Space Element and a. Conservation Element for the
Carlsbad Cleneral Plan; and
TJHEREAS, said Elements have been prepared and presented to
the Planning Commission; and
FTHEREAS, the Planning Commission, by the adoption of
Resolution No. 1018, recommended the adoption of said Elements to
the City Council; and
WHEREAS, the Planning Director has determined that the
adoption of these Elements will not have any adverse environmental
effects and a Negative Declaration has been prepared and posted
in compliance with the City of Carlsbad Environmental Protection
Ordinance of 1972; and
WHEREAS, the City Council at their meeting of December 17,
1973, considered the recommenda-tion of the Planning Comnission and
returned the Elements to the Commission for a report on some revi-
sions; and
12THEREAS, the City Council is in receipt of the report of
the Planning Commission recommending adoption of the Elements as
revised in the form of Comuission Resolution No. 1024;
XCIJ, THEREFORE, BE IT RESOLVEP by the City Council of the
City 02 Carlsbad, as follows:
I. That the above recitations are true and correct.
2. That the findings of the Planning Commission set out
in Commission Resolutions Nos. 101s and 1024 constitute the find-
ings of the City Council on this matter.
2. That the document marked Exhibit A, entitled "Open
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Space and Conservation Elements Revised December 20, 1973”
attached hereto and incorporated by reference herein, is hereby
adopted as the Open Space Element and the Conservation Element
to the General Plan of the City of Carlsbad, and that the Ceneral
Plan of the City of Carlsbad is hereby amended by the addition
thereto of said Elements.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council on the --- 28th day of December , 1973, by the
following vote, to wit:
AYES : Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES : None.
ABSENT: None.
ATTEST :
l&li< +pP iARi E. ADANS, City Clerk
(SEAL)
2.
Open Space and
Conservation Elements
City of Carlsbad
CITY OF CARLSBAD
GENERAL PLAN
' OPEN SPACE AND CONSERVATION
ELEMENTS
Prepared by
LAMPMAN AND ASSOCIATES.
AND
CITY OF CARLSBAD PLANNING DEPARTMENT
December 5, 1973
Final Draft
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TABLE OF CONTENTS
Preface
I. Introduction A. State Law -- Open Space Element B. State Law -- Conservation Element C. State Law -- Open Space Zoning D. Intent and Character of the Elements
11. Goals and Policies --
111. Objectives and Guidelines A. Floodplain and Water Resource Management B. Hillside and Soil Resource Management C. Agricultcral Lands D. Wildlife and Vegetation E.' Unique and Special Resources
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1 1 3 4 5
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10 11 12 13 14 15
IV. Open Space and Conservation Resource Management Plan 16 A. Description and Intent of Plan 16 1. Components of the P*lan 17 2. Order of Importance 19
C. Resource Management Districts 24 1. Floodplain and later Resources 26
3. Agricultural Lands 40 4. Unique and Special Resources 46
E. Implementation 51 1. Techniques 52 2. Criteria for Determining Technique 56 3. Action Program 58
V. Essential Considerations 61 A. Status of Open Space and Conserva€ion in Carlsbad 61
B. Obstacles to Open Space and Conservation Preservation 72
E. Funding Sources 82
B. Prime Open Space and Conservation Areas 20
2. Hillside and Soil Resources . 33
D. Design Principles 49
C. Open Space and Market Mechanism 74 D. Open Space Design Concepts 75 .
VI. Appendix A. Definitions
6. List of References
84 84 88
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PREFACE
The Open Space and Conservation Elements of the General Plan coordinate and guide decisions related to the predominantly un- developed land and water surfaces which influence and shape the formal quality of Carlsbad's physical environment.
The Open Space Element serves as an official policy statement for the identification, preservation, conservation and acquisition of open space in the City. The Conservation Element' is addressed to resource management -- the planned management of a natural resource to prevent exploitation, destruction or neglect.
The contents of the Open Space and Conservation Elements meet the requirements of State law and provide the City of Carlsbad with a comprehensive document dealing with open space and con- servation resource management. The structure of the elements includes:
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Background -- Includes State requirements pertaining to open space and conservation and describes the intent and character of the open space and conservation plan for the City of Carlsbad.
Goals and Policies -- A concise statement of the Open Space and Conservation Goals and Policies of the City of Carl sbad.
Objectives and Guidelines -- A detailed breakdown of the Open Space and Conservation Objectives and Guide- lines of the City of Carlsbad. c
Plan and Implementation -- Identification of prime open space and conservation resources in the City of Carlsbad and the plan and procedures to conserve, develop and utilize those resources. '
Essential Considerations - Examines the status of. open . space and conservation resources in the City, discusses potential obstacles to the preservation of these re- sources, and presents five-relevant open space design concepts that will guide the planning and development of the City. Also includes list of available: funding sources.
Appendix - Definitions and list of references.
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INTRODUCTION
A. STATE LAW -- OPEN SPACE ELEMENT 1 Under state law , cities and counties must adopt an open space plan for 'I.. .the comprehensive and long-range preservation and conservation of ope-n-space land within its jurisdiction.'' "Open Space. land" is defined as ". . . any parcel -or area of land or water which is essentially unimproved and devoted to an open-space use as defined in this section and'which is
. designated on a local, regional or state open-space plan as the following: any of
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Open space for the preservation of natural resources, including, but not limited to, areas required. for the preservation of plant and animal life, including habi- tat for fish and wildlife species; areas r'equired for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and coastal beaches, lake- shores, banks of rivers and streams, and watershed lands.
Open space used for the managed production of resources, including but not limited to, forest lands, rangeland, agricultural lands, and areas of economic importance for the production of food or fiber; areas required for recharge of ground water basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in. short supply.
Open space for outdoor recreation, including but not limited to, areas. of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, and rivers and streams, and areas which serve as links between major recreation and open-space reservations, including utility ease- ments, banks of rivers and streams, trails, and scenic highway corridors.
Open space for public health and safety, including but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality."
1 Section 65560 et seq., California Government Code - 1
The intent of the legislation is clear - cities.and counties are required to prepare, plans for the preservation of existing unini- proved lands within their jurisdictions that are devoted to the
uses or functions listed under the four open space categories. . Such plans should consider more than zoning to preserve open space. They should consider the full range of governmental actions that can affect deve1opment;such as public acquisition, the provision
of utilities and services, annexation policies,' the construction' of highways and other capital improvements, use of the Williamson Act, subdivision regulations, and building codes and the relation- ship between open space and housing for all segments of the popula- ti on.
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B. STATE LAW - CONSERVATION ELEME~IT
Under State law1, cities and 'counties must adopt a conservation plan. In order (1) to*enhance the relationship between resi- dents and their surroundings, and (2) to guarantee the viability of the natural and human ecosystems, the Conservation Element must acknowledge and plan for the physical resources, the cultural resources; and the natural processes within or around the jurisdiction. The following resource categories must be included:
' 1. Water
2. Forests
3. Soils
4. ,Rivers and Other Waters
5. Harbors
6. Fisheries
7. Wild1 ife
8. Vinerals
9. Other Natural Resources
Section 65302 (d) et. seq., California Government Code
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C. STATE LAW - OPEN SPACE ZONING
The City is ,required by State law1 to develop open space zoning ordinances to implement the Open Space Element of the General Plan. The ordinances discussed in this docu- ment are not intended to prevent or designate land uses but are designed to regulate the manipulation of the environment to insure that all land development (whethe’r bt be residential, commercial industrial recreational or agricult.ura1) will be more responsive to local physical and biological land resources and canstraints.
Section 65910, California Government Code
D. INTENT AND CHARACTER OF THE ELEMENTS
There is considerable overlap in the components of the Open Space and Conservation. Elements as mandated by State law. The integration of these elements in this General Plan is a response to the inherent complexity of nature and environ- mental planning. It is clear that the legislative mandates for the identification, preservation, and utilization of defined open space and conservation resources-cannot be in- terpreted singly or carried out independently of.one another. As a result, the coordination and synthesis of the two
. elements was undertaken to assure an integrated framework for the investigation and planning of these resources.
It is the intent of the Open Space and Conservation Elements to:
1. Ensure recognition of the social, economic and aesthetic benefits which accrue from the preser- 'vation of open space within an urban environment.
2. Ensure recognition of the benefits which accrue from the conservation,.development and utilization of natural resources.
The Open Space and Conservation Elements are not intended, and shall not be construed, as authorizing the City to exercise its power to adopt, amend or repeal an open space or conserva- tion zoning ordinance in a manner which will take or damage private property for public use without payment of just compensation therefor. This plan is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States.
Land to be preserved and regulated for open space and conserva- tion purposes, and areas where it is salient to regulate the possible negative impact of development, are presented as follows:
1. Objectfves and guidelines are established for land and natural features to be reserved within communities and for regulations necessary to control possible negative impact of development on the environment. (See 'Chapter 111)
2. Certain existing open land, natural resources and environmental features are identified as integral and necessary components of the Open Space and Conservation Elements, and standards and criteria are presented governing their use. (See Chapter IV)
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3; The general locations of "Prime" open space and conservation land, representing a framework for an open space and conservation system; are identi- fied on the map titled "Prime Open Space and Conservation Areas". This land contains outstanding recreation, ecological, natural, and scenic re- sources, as well as hazardous areas which should not be developed or should be carefully engineered for public health and safety at the time of develop- ment. (See Chapter IV)
It should be re-emphasized that not all land and water features identified as components of these elements are to remain completely devoid of development. However, development that occurs on this land must be consistent with good development practices, and must be regulated to conserve and protect certain physical features and environmental resources in .a manner consis- tent with the open space and conservation policies of the City.
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11. GOALS AND POLICIES
A. GOALS
'It is the goal of the City qf Carlsbad:
1. To coordinate open space uses with other land uses for mutual enhancement and creation of a "human" urban environment, which includes development and expansion of recreational land, conservation of natural and man-made amenities, and preservation of options with regard to agricultural land.
2. To preserve optimum sustainable environmental quality levels with respect to air, water, sound levels, and plant and animal life.
3. .To prevent incompatible development of areas that should be preserved or regulated for scenic, historic, conservation. or pub1 ic health and safety purposes.
4. To preserve and create an open space system of
panoramic vistas, and other aesthetic resources) that will maintain community identity, achieve a sense of natural spaciousness, and provide visual relief in the cityscape.
. aesthetic value (such as flower fields, groves,
5. To preserve an adequate amount and variety of open
. space for outdoor recreation which shall include, but not be limited to, partks, beaches, areas for organized sports, conhecting corridors with trails, water recreation areas (beaches ,. lagoons, iakes) unique conservation areas for nature study, and semi-developed areas for camping.
6. To protect select wildlife through the preservation of feeding, nesting, and breeding areas.
7. To conserve and encourage the use of all forms of vegetation needed to (a) prevent 'erosion, siltation and flooding, (b) protect air and water resources, and (c) protect and enhance visual resources.
B. POL IC1 ES
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is the express policy of the City of Carlsbad:
Agricultural Lands: To regard agricultural land and prime soil as a natural resource and economic . asset, and as a signifiqant contrasting land use to the urbanized environment of the City.
Development Areas: To encourage the provision of malls, plazas, green areas, etc. fn structures and the preservation and provision of parks.
Greenbelts: To establ ish greenbelts to preserve and/or create open space areas as a means of maintaining community scale and identity, separating conflicting land uses, and achieving a sense of natural openness as an integral part of urban surroundings.
Implementation: To provide an organizational structure to systematically develop and implement comprehensive plans for open space and conservation.
Landforms: To protect the unique variety of landforms distinctive of the City's topography and to ensure that the development process considers and strives to preserve these landforms rather than to create an unnatural, uniform landscape.
Outdoor Recreation: -To conserve, develop, and uti1 ize areas particularly suited for outdoor recreation by preserving areas of unique scenic, historical and cultural value and developing areas especially suited for park and recreational. purposes.
Preservation of Natural Resources: To preserve natural resources by: protecting fish, wildlife, and vegetation habitats; retaining the natural character of waterways, shoreline features, hill- sides, and scenic areas; safeguarding areas for scientific and educational research; respecting the limitations of our air and wdter resources to absorb pollution; encouraging legislation that will assist in preserving these resources.
Public Health and Safety: To protect public health and safety by preserving natural and man-made hazard areas as open space and-taking special precautionary measures to protect the public safety where develop- ment is possible and permitted.
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9, Taxation: To encourage the development of open space and conservation systems by assuring that property taxes are consistent with the use of the land.
10. Water: To assure that gn adequate supply of water of acceptable quality is available to meet the needs of present and future residents by supporting State and local activities to develop conventional water sources, to research new water technologies and to conserve water resources through sound water management programs.
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111. OBJECTIVES AND GUIDELINES
In general, the designation of open spacemd the determination of conservation practices are dependent on an area's natural features, the location of urban development, open space and conservation
which citizens desire and are willing to achieve. The following objectives and guidelines are consistent with the previously stated goals and policies. It should be emphasized that a change in the goals and policies of the City of Carlsbad will necessitate a corresponding change in the objectives and guidelines.
c goals, some recreation demand data, and' the type of environment
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A. Floodplain and Water Resource Maragement
ObjectPre: within the City of Carlsbad, including, but To conserve, develop and utilize the water resources -- floodplains ? shoreline lagoons, waterways , reservoirs;
not ‘limited to, lakes, ponds, and
Guidelines :
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FtJater.resources in the City of Carlsbad
in as natural m-d beneficial a state. as will be maintained possible by (a) conserhg or improving the appearance and ecology of those which are in a relatively untouched condition, (b) restoring, in accordance with recognized ecological principles
insofar as it is possible, those water areas which have been significantly altered, to a condition which is most bene- ficial to the public, and (c) simulating a natural condition
in areas which are to be altered in the future for purposes
of safety engineering, water conservation, or recreation.
Alterations of waterways that cause significant adverse impacts on the environment will be prohibited.
and
lhere feasible, future developments will integrate natural waterways with other open space systems of the City with a
view of maximizing the benefits of them to all citizens.
Industrial waste , agricultural runoff, water softener dis-. charges, domestic detergents, and other forms of water pollution shall be controlled 51 the sanitation sewer system, the storm drain system, and other methods of control as defined in State, Federal, and County laws.
New developments shall be subject to the review and recom- mendations of the staff of the Calsornia Regional Mater Quality Control Board.
The construction of improvements to coastal lands which will require protection from coastal erosion in the foreseeable future be discouraged.
Setbacks from the coastal bluff face and beach sands and public access points shall be established to protect the public interest in the shoreline as .a unique recreational and scenic resource.
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Construction in, and adjacent to, coastal waters rill be evaluated relative to its effect on recreational uses.
The interim policies of the California Coastal Zone Conserva- tion Coinnisaion and resuitat land use plar~ will be recoz- nized and utilized when evaluating developmsnt in.the coastal area.
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B. Hillside and Soil Resource Management
Objective: To preserve the identity' of those areas of the City with unique topographic features and to estab- lish'proper soil management techniques to eliminate or minimize adverse and unsafe soil conditions.
Guidelines: .
1. Grading for building pads and roadways will be accomplished to maintain the appearance of natural hi 7 1 sides.
2. Plans for erosion and sediment control measures including landscaping and provisions for main- tenance responsibilities will be a requirement of the approval processes.
3. ,Where known or suspected hazardous geological or soil conditions exist, the developer will be required to: ' .
a. Conduct detailed studies of the area by qualified experts in advance of development planning.
b. Submit these findings along with measures-on . how to protect against hazardous conditions.
4. Proper distances will be maintained by all new development from identified or suspected hazardous
. conditions.
5. Density and intensity of development on hillsides will relate t.0 the slope of the land in order to preserve the integrity of the hillside.
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C. Agricultural Lands
ObjectLve: agricultural land and preserve' said lands wherever feasible , To prevent the premature elimination of prime
Guidelines-:
1. Urban development should take place in those areas with the leastproductive soils leaag Class I and I1 soils
for agricultural use. --
2, Agricultural use shall be encouraged as a permissible land-
' use in those areas designated in this document as open space.
The City Police Department, in cooperation with the land-
owners, shall undertake programs to prevent agricultural vandalism.
students with agricultural values and needs,
The City shall support local, regional, and state-wide .
air quality measures designsd to reduce crop damage from
air pollution.
The schools shall be encouragedto acquaint
The City shall consider possible purchase and lease-back of agrj"l lands as utilized i n other parts of San Diego County,
The City shall support and utilize all measures available,
including the 'u.lilliamson Act, designed to reduce the
financial burdens on agricultural land, not only to prevent
premature developments viability of lands permanently zoned for agricultural uses.
but alscpromote the economic
The City shall take the necessary actions to reduce assess- ments on agricultural land to achieve a fair and equitable property tax consistent with the land's use.
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Wildlife and Vegetation
Objective: habitats and areas of unique and desirable vegetation.,
Guidelines:
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To minimize the elimination of wild1 ife
Preserve areas which sustain rare or endangered wildlife, including migratory birds, and protect
areas of unique and desirable vegetation.
As a part of any development process, wildlife habitats and unique vegetative areas will be
identified and a program to minimize their elimi-
nation shall be adopted.
3. Develop a coordinated data base on physical and biological phenomena and maintain a central repository for the collected data.
Encourage the development of interpretive centers in regional parks and marine life or bird refuges
for the benefit of the general public as well as
opportunities for viewing without disrupting selected wildlife areas.
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E, Unique and SDecial Resources
Objective:
the City that provide unique and special open space functions
incbdirfg, but not limited to, visual amenities, recreational
uses ,’ landnarks , and buffers between incorqatible land uses.
To conserve, develop and utilize those areas of
Guidelines :
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Areas that provide unique Visual amenities and shape the urban form will be preserved 2s open sDace. These areas
include hillsides, hilltops, valleys, beaches, lagoons,
lakes, and other Unique resources that provide visual and physical relief to the citscape by creating natural
contrasts to the built-up, man-made scene.
Open space h7ill be used to provide neighborhood, district, and City identity aid to pyovide separztioas betteen cnn,
flicting land uses,
Public omerhsip of notable landmarks , geologic features ,
and vista sites shall be achieved through the selection of
park sites, institutional grounds, etc., whenever possible,
Encourage the development of a systematic plan for the long
range conversion to underground of overhead distribution
utility lines through allocated funds, assessment districts,
and subdivision requirements,
Use of the Land ConserGation Act, scenic easements, or open
space easements shall be pursued to preserve scenic areas or tista sites ,
Utilize creeks, utility easements, and other open areas as
part of an overall master plan for parks arid recreation facilities
Open space otmed by the City, semi-public agencies, and
other govemunental jurisdictions shall be retained for open
space use wherever feasible.
Where feasible, the City shall exchange exdess vacant lands .
for more useful. open space areas,
Open space lands held by the public for recreational use
should be accessible and should be provided with essential
utilities, public facilities and services.
Unique topographical features or natural. rock outcroppiz?gs
shall be preserved and in’cegrated into m-y proposed development.
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IV. OPEN SPACE AND CONSERVATION RESOURCE MANAGEMENT PLAN
A. DESCRIPTION AND INTENT OF PLAN:
‘This section, including textual content and graphic presentations, and subsequect, mandated open space zoning requirements, constitute the Open. Space and Conservation Resource Management Plan for the City of Carlsbad. The intent of the Plan is to accomplish the goals, policies and objectives of the elements in an equitable manner. The Plan is structured to identify the resource areas and establish developmental standards.
By the adoption of this Plan, the City of Carlsbad declares that the proper management of the City’s en- vironmental resources requires standards and criteria for the protection, maintenance, and enhancement of valuable natural, economic and cultural resources.
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1. Components of the Plan:
The following lands are integral and necessary components of the Open Space and Conservation Resource Management Plan:
a. Reserved Land Elithi; the City:
(1) Publicly-Owned Open Space: Used for recrea- tional , educational , institutional , conser- vation, and protective purposes including parks, beaches, 'lagoons, trails, access ways, golf courses, school playgrounds, reservoirs, cemeteries, sanctuaries, botanical areas, flood control channels, airport clear zones, disposal sites.
(2) Privately-owned open. space committed to and us-ed for recreational, educational, conser- vation, and protective purposes including parks, playgrounds, beaches, beach access ways, greenbelts, cemeteries , 1 agoons , and nature areas.
b. Semi-Reserved and Restricted Land:
(I) Held privately or publicly on less permanent basis for recreational, agricultural, or transportation purposes including go1.l courses, agricultural preserves, airports and clear zones, railroad rights-of-way, highway and street rights-of-way, utility ' easements, and beach access.
(2) Planned publicly or privately for recrea- tional or other open space purposes including areas as designated in the general plan of the City.
c. Unreserved land whose undeveloped state or open space function is susceptible to development including:
(1) Scenic areas.
(2) Sensitive landforms such as ocean and lagoon
bluffs, beach sands, excessive slopes, land- slide areas, major peaks and ridges, and flood plains.
habitats,bird refuges, marshes, mudflats, riparian habitats, and areas of unique vegetation.
(3) Sensitive ecological areas such as wildlife
(4) Natural resource lands such as crop and grazing lands, Class I and I1 soils, sand and gravel dqposi ts , and watersheds.
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(5) Historical and archaeological sites.
(6) Areas buffering and structuring cities and communities.
2. Order of Importance of Open Space and Conservation Resources:
The order of importance for the protection, main- tenance, and enhancement of open space and conserva- tion resources is as follows:
1st Areas which would be maintained as open space in order to provide for public health and safety including floodplains, geologic hazards and water resources. .
2nd Areas which would protect and enhance hill- side and soil resources, wildlife habitats and unique vegetation.
3rd Areas most suited for agr'icultural production.
4th Areas having unique and special resources in- cluding, but not limited to, visual amenities, recreational uses, landmarks, areas which provide buffers between incompatible land uses, and areas which provide linkages to larger open space areas and give form and identity to the City.
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B.- Prime Open Space and Conservation Areas:
The map titled "Prime Open Space and Conservation Areas" designates those high priority resources (as. described in this section) that are combined to create a logical and comprehensive open space system. It should be recognized that there are many minor open space areas in the City which collectively serve to provide additional significant open space to the citizens, even though they are not individually large enough to be mapped or described.
The areas shown on the map include,but are not limited to, the following:
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Existing school and park sites.
Proposed Regional Parks and ot'her major recrea- tional areas including golf courses.
All marine waters, tidal flats, lagoons, marshes and estuaries.
Floodplains and major waterways.
All land and bodies of water necessary for the preservation of wildlife habitats and unique and desirable vegetation..
Significant grove areas.
Airport flight approach and take-off zones.
Water reservoir sites..
Utility corridors.
Existing "Planned Community" zones.
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When development is proposed to take place which may have an effect on these areas, special regulations will have to be utilized to assure that t.he intent of the Plan is being carried out whenever possible. It is to be understood that the standards, criteria and ordinances established by this Plan would be utilized in conjunction with the standards and regulations of the City's zoning code, subdivision code, and any other related ordinances, resolutions or policies. In the case of any land for which contradictory standards or regulations exist, the more restrictive standard or regulation shall apply. .
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No permit shall be granted by the City for the use, development or alteration of land identified on the map titled "Prime Open Space and Conservation Areas'' until the grantee presents evidence of compliance with the standards and regulations of the Open Spa'ce and Conservation Resource Management Plan.
The following standards shall apply'to any use, development or alteration of land shown on the map, provided however that such standards shall not apply to the development of less than one single family dwelling unit on a parcel of record at the date of the adoption of Open Space and Conservation Elements of the Carlsbad General Plan.
1. For any use, development or alteration of a parcel land coverage shall not exceed twenty (20) percent of the total parcel area.'
2. For any use, development or alteration of a. parcel at least sixty (60) percent of the total parcel area shall be maintained in a manner which protects and conserves the natural resource potential of the parcel.
3. The building height and setback standards specified by the underlying zoning may increase or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and intent of this Section.
4. For any residenti.al use, development or altera- tion of a parcel included in this zone, the following building types are permitted: single family detached dwelling units, duplexes and multiple-family dwelling units; provided however that maximum number of dwelling units shall not exceed the maximum number of dwelling units that wou1.d be permitted pursuant to the standards of the base zone in which the use development or alteration is located. However, dwelling unit density and intensity of development indicated therein may be further reduced if dictated by the following land carrying capability considera- tions:
topography (slope) geology (slide, soils) access (availability of road access) public facilities and services (availability) ground cover of proposed improvements scenic values ecological values
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Commercial and industrial development, public facilities, and .other uses permitted in open space areas, nct generally considered open space uses, shall only be approved after full .evaluation of the above listed land carrying capa bi 14 ty cons i dera t i ons .
Commercial uses permitted in open space areas shall only be of a convenience nature relating to various open space uses and strictly controlled as to design and location. ' --
Signs in open space areas shall be limited to those essential to safety, public convenience, and identificatjon of structures, historical sites, campsites, etc.
Beach and ocean areas within the jurfsdiction of the City shall be considered as open space.
No use, development or alteration of land in- cluded in this zone shall have a significant adverse env'ironmental impact upon major wild- life, vegetation or marine resources.
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C. Resource Management Districts:. -
The section titled "Prime Open Space and Conservation Areas" identifies a comprehensive open space and con- servation system for the entire City and establishes standards for its enhancement and protection. This section specifically describes those key resources that are either included in or would further complement that system. These resources include:
. Hillside and Soil Resources . Agricultural Resources
' . Unique and Special Resources
. Floodplain and Water Resources --
The following sub-sections 'consist of criteria to be used to determine what areas are included within each resource district and a combination of use restrictions and develop-
delineate each of the districts are also included. ' ment standards appropriate to each. Maps that generally
Property identified in more than one district is subject to the standards app1ica.ble to each. An example of this overlay approach is illustrated in Diagram 1 using three districts -- a floodplain, a hillside, and a wildlife habitat (a unique and special resource).
A development located at point ''A" would have to comply with the standards applicable to flood plains. Proposed develop- ment at point "B" would have to comply with standards ap- plicable to unique and special resource lands, and hillsides. At point *tC", only the standards applicable to the preser- vation and conservation of hillside areas would have to be met.
The major drawback to individual overlays for each type of "Resource Management" land is that the ordinance may be difficult to administer if many diverse types of open space and conservation resources and constraints are found within the same area of Carlsbad. Determina- tion of the standards that apply to any given parcel will require a review of all the overlays to see if the parcel is located within one or more of them. The standards appropriate to each applicable overlay will then have to be collated. Some of the standards applicable to one type of open space will be applicable to others so there may be some redundancy.
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DIAGRAM 1
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1. Floodplain and Water Res.orJrcc.es
a. Floodplains: Floodplains are those land areas in and adjacent to a watercourse which is subject to inundation during a “700 year flood”. Floodplains include a floodway which is defined as that portion of the floodplain that is reasonably required for the passage of flood waters of a given magnitude. The precise locations of these areas shall be as determined by the U.S. Army Corps’of Eng’ineers or the San Diego County Department of Sanitation and Flood Control, or the City Engineer.
The following standards of development are established to protect life, minimize public risk, and prevent or reduce potential flood damage of property:
1) Uses within a floodway shall be limited to those which would not hinder the free flow of flood waters and would maintain as natural of-an appearance as possible.
2) Uses within a floodplain shall be limited to those permitted uses of the underlying zoning district and shall be designed in such a way as to minimize possible flood damage.
3) Any development within a floodplain shall. comply with all applicable Federal, State and local requirements.
26
b. Coastal Area and Lagoons:
The City of Carlsbad declares that the coastline and lagoons within its boundaries are distin'ct and valuable natural and scenic resources.' The following. standards of development are .estab1 ished to preserve and protect those resources and shall apply to all coastal and fagoon water areas and to all land adjacent to and within one hundred (100) feet of the established vegetation line or other defining element of the high water line of said waters or from the
exists: . crest line of an adjoining bluff or cliff .if one
Prior to the issuance of any permits for develop- ment within this district, it shall be demon- strated that the development is consistent with the goals, policies and objectives established in the Open Space and Conservation Elements.
Land coverage shall Rot exceed twenty-five (25) percent of the total parcel area.
The building height and setback standards specified by the base zoning district may increase or decrease if such increase or decrease is necessary for the compliance of a proposed use, development or alt.eration with the purpose and intent of these standards.
For any residential use, development or alteration of a parcel included in this district the following building types are permitted: single family detached dwelling units, duplexes, and multiple- family dwelling units; provided, however, that the maximum number of dwelling units permitted' would be established by the base zoning district in which the use, development or alteration is
to be located.
No use,-development or alteration within this district shall have a significant adverse en- vironmental impact.
Any development within this district shall comply with all applicable Federal, State, and local requirements.
Until plans are presented to the City that demon- strate the desirability of an alternative course of action, the City of Carlsbad shall protect the public's interest in the lagoon: and adjacent lands by (7) preserving Buena Vista Lagoon as a visual resource and wildlife preserve and en- couraging the establishment of a County Regional
1.
\ Park, (2) preserving and promoting Aguq Hedionda 'Lagoon as a visual and active water recreatior resource and encouraging the establishment of a County Regional Park, and (3) keeping future options open for use of Batiquitos Lagoon as a multi-purpose recreation facility (private and public ownership and management) and encouraging the establishment
of a County Regional Park. permitted that will diminish the opportunity to develop Batiquitos Lagoon as a regional recreation facility, with the necessary complementary private
No land uses will be
. land uses on adjacent lands. \
I k I i
i 2
\
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c. Bodies of Water and Major Watercourses:
Bodies of water and major watercourses are unique and necessary components of the Open Space and Conservation . Resource Management Plan and have been identified so as to optimize their recreational and aesthetic potential. Areas to be included in this district include all lakes, ponds, reservoirs, streams; creeks and major drainage courses and all lands adjacent to and within one hundred (100) feet of the high water line of said bodies of water and the centerline of the designated watercourses. The following standards of development are established to protect the integrity of these resources and shall apply all of the areas within the district:
No use, development or alteration shall be undertaken until it is demonstrated that such use, development or alteration is consistent with the goals, policies and objectives established in the Open Space and Conservation El ements.
All development shall be designed to minimize the channelization of natural drainage patterns and preserve the area in as natural of a state as possible.
Land coverage shall not exceed twenty-five (25) percent of the total parcel area.
The building height and setback standards specified .by the base zoning district may increase or decrease if such increase or decrease is necessary for the compliance of a proposed use, development or altera- tion with the purpcse and intent of these Standards:
For any residential use, development or alteration of a parcel included in this district the following building types are permitted: single family detached dwelling units, duplexes, and multiple- family dwelling units; provided, however, that the maximum number of dwell ing units permitted would be established by the base zoning district in which.the use, development or alteration is to be located.
<
No use, development or alteration within this district shall have a significant adverse environmental impact.
Any development wjthin the district shall comply with all applicable Federal, State and local require- ments.
L
29
I.
WATER RESOURCE MANAGEMENT DISTRICT DEVELOPMENT STANDARDS
.iuers, streams, storm water channels
lutfall areas and land within 100' ~f these water bodies.
1 I f-- Resource Management 4 I
Additional.lands in accordance with the Master Watershed Plan.
I
I
1 Resource 1
I I J
I+ Management
Oceans, lagoons, tidal pools , estuaries, tidal marshes, ocean beaches and cliffs and land within 100' of these areas.
c m k 2
2s
rl cd
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Resource Management
.
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Land coverage not to exceed 20% of the total parcel.
Variety of permitted 'residential uses;,
Flexable height and setback
standards.
R
No significant adverse environmental impact on the capability of the land to recharge water.
aquifer recharge -- zone
recharge
blocked by paving and
I
buildings fJ \
-. - . -.
. 32
.-
2. Hillside and Soil Resources
Areas to be included within this district shall be all lands with an average slope ratio of greater than five (5) to one (1). Average slope ratio is the inclination of . a ground surface expressed as a ratio of horizontal to vertical distance. The following standards of develop- ment are established to preserve the identity of those areas of the City with unique topographic features and shall apply to all of the areas within the district, provided, however, that such standards shall not apply to the development of not more than one single family dwelling unit and accessory buildings on a parcel of record at the date of the adoption of the Open Space and Conservation Elements:
a. Any use, development or alteration of a parcel shall have a minimum average amount of land area per dwelling-unit and a maximum amount of land coverage as calculated by the following rules:
1) For the purposes of this section the average slope of any parcel shall be determined by the formula S = .0023IL where: S is the average
slope expressed as a percent; I is contour interval in feet; H is the combined length of contour: lines in feet; A is the total parcel area.
A
The calculation of the average slope, S, shall be prepared by a r.egistered civil engineer or land surveyor.
maximum land coverage on a parcel shall be determined by the following table:
2) The minimum land area per dwelling unit and
Average Slope(%) 20-25 25-30 30-35 35-40 40-45 45-50 Over 50 Minimum Land Area/ 7,000 10,000 20,000 1 3 5 10 Dwelling sq.ft. sq.ft. sq.ft. acre icres acres acres Unit Maximum Land Cover- aqe (% of 40% 35% 30% 25% 20% 10% 5%
b. The building height and setback standards specified by the base district may increase or decrease if such increase or decrease is necessary for the compliance of a proposed use, development or alteration with the . purpose and intent of this. section.
c. For any residential use, development or alteration of a parcel included in this district the following
building types are permitted: single family detached
I
? b i
33
dwelling units, duplexes and multiple-family dwelling units; provided, however, that the maximum number of dwelling units shall not exceed the maximum number of dwelling units that would be permitted pursuant to the standards of the.base district in which the use, develop- ment o’r alteration is located.
d. No cut or embankment with a slope greater than three (3) feet horizontal to one (1) foot vertical and more than fifteen (15) feet in total elevation shall -be located a.djacent to a publicly maintained right-of-way unless an agreement with the City for the vegetation and perpetual maintenance *of such slope, at no cost to the City, is executed and bonded.
activities, a71 graded areas not covered by impervious surface shall be stabiiized by vegetative means approved by the Planning Department. No final approval of con- struction shall be given unless there is evidence of eighty (80) percent land coverage by vegetation and a program of landscape .maintenance to assure continued growth and effectiveness of vegetation which has been approved by the Planning DepBrtment.
e. Mithin six months after the commencement of grading
f. Vegetatfve coverage and stabilization of graded areas shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecological characteristics of the region. Plant material that re- quires excessive water after becoming established should be avoided. Native dry climate grasses and other xerophytic materials shall be selected wherever feasible.
g. Siting and location of all roads, buildings, and other structural improvements or land coverage shall be designed to fit the natural topography and shall minimize grading and modification of existing land forms and natural characteristics.
h. No use, development or alteration shall create uniform, geometrically terraced building sites which are con- trary to the natural land forms, substantially detract from the scenic and visual quality of the City or sub- stantially change the natural characteristics of existing major water courses, established and mature live oak, dominant vegetative communities, or habitats of en- dangered species of wildlife.
i. No use, development or alteration shall have a significant adverse environmental impact on the scenic or visual qualities of the environment.
j. Slopes of more than 15 feet in vertical height shall be planted with shrubs and trees at appropriate spacing in addition to the grass or ground cover plants. Plants selected should be approved by the Cit.y as suitable for the soil and climatic conditions of the site. .
34
k. All slopes required to be planted shall be provfded with an appropriate system of irrigation. These'irrigation systems shall be designed to cover all portions of the slope. A functional test of the system may be required.
1. Modifications of slope irrigation requirements may be made by the City if. it is shown that due to the type of plants, the planting methods used, and the soil and climatic conditions at the site, irrigation will not be. necessary for slope planting maintenance. .
all applicable, Federal , State and local re'quirements. - m. Any development within this district shall comply with
35
0
z P r & g
I
r
?
P D 3: g:
..... ..... ..... :.:.:. :::::::::: :::;:;, .:.:.:.) ::::::: .......... :;:::I: ..... ......... ..... ......... ..... 0 .......... :1:::::
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HI LL S IDE RE SOURCE MANAGEMENT
DISTRICT DEVELOPMENT STANDARDS
All lands within an average slope ratio of greater than 5:l
I
No significant adverse impact on the environment will be permitted.
.-...
-.
.
Land coverage standard will be calculated according to the follow- ing slope formula:
.0023IL
A S=
WHERE :
S is average percent slope I is contour interval in ft.
L is length of contour lines in
A is total parcel area ft.
Flexable height and setback standards
Minimum land area.per dwelling and maximum land coverage will be . determined by
average slope
minimum land area per unit
maximum 1 and coverage
%oE parce:
!O
25 -
CY
v)
0 0
0 l-4 -
IO %
the following table:
25
30
W v3
0 0
0
0 l-l
CL
-
3s
50
35
W. v)
0
0 0
0
N
A -
3 0%
35
40 -
u
rl 4
-
2 5%
40 45 -
u
Er) 4
-
2 0%
$5
50 -
u
an 4
10%
,o+ -
u
0
l-l
4
5%
variety of permitted residential uses
All graded areas not covered by
impermeable surface shall be
stabalized with approved erosion control methods.
original slope
Siting and location of improvements
shall fit the natural topography and shall minimize grading and landform modification.
.
Vegetation cover shall he compatible with surrounding , vegetation and should recognize climatic, soill and ecological characteristics of the region.
top of cut -'-
No geometric, uniform terracing permitted .
39
3. d;ttu&GJ Agricultural. Lands
The following lands shall be included in an Agricultural Resource Ma nagemen t D i strict :
a. All lands with an agricultural productivity rating I i of I and I1 as determined by the United States Soil Conservation Service or equivalent ratings by the State Division of Agriculture.
prior to the adoption of the Open Space and Conser- vation Elements for the production of cultivated or orchard crops; provided, however, that this subsection shall not be interpreted to include lands used pri- - marily for grazing or production of livestock, poultry or other animals.
accordance with the provisions of the California Land Conservation Act of 1965 (Nilliamson Act, California Government Code, Sections 51200-51295).
i b. All lands being used or which were used in the year I i
b
c. All lands where use is restricted by contract in
The following standards of development are established to prevent the premature elimination of prime agri- cultural land and preserve said lands w,herev r f-, and shall apply to all lands included with-hke district, provided, however, that such standards shall not apply to the development of not more than one single family dwelling unit on a parcel of record at the date of the adoption of the Open Space and Conservation Elements, or to any parcel of record at the date of the adoption of the Open Space and Conservation Elements which is smaller than twenty (20) acres in total parcel area:
P a. For any use, development or alteration of a parcel included in this district, land coverage shall not exceed twenty-five (25) percent of the total parcel area, provided, however, for any parcel included in this district and included in a "General Agriculture" or "Exclusive Agriculture" base district, land coverage shall not exceed ten (10) psrcent of the total parcel area.
b. For any use, development or alteration of a parcel included in this district, at least forty (40) percent of the uncovered land shall be in one contiguous parcel of a shape and size suitable for agricultural uses that are compatible with the characteristics of the land and any non-agricultural use of the parcel. Ten (10) percent of the land preserved for agriculture by this subsection may be covered by-not more than one single family dwelling unit and accessory buildings, and structures and improvements used in connection with the agricultural use of the land.
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C.
d.
e.
f.
0 0
The building height and setback standards specified by the base district may increase or decrease if such in- crease or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and intent of this section.
For any residential use, development or alteration of a parcel included in this district the following building types are permitted: single family detached dwelling units, duplexes, and multiple-family dwelling units. Provided, however, that the maximum number of dwelling units shall not exceed the maximum number of dwelling units that would be permitted pursuant to the standards of the base districts in which the use, develop- ment or alteration is located.
No use, development or alteration of land included in this district shall have a significant adverse environmental impact.
Any development within this district shall comply with all applicable Federal, State and local requirements..
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t
AGRICULTURAL RE SOURCE MANAGEblENT DISTRICT DEVELOPMENT STANDARDS
Application: Lands with an agricultural productivity rating of I or I1 -
\ c
Lands covered under the Williamson Act.
Lands used for orchard crops at present or one year prior to adoption of Open Space and Conservation Elements.
Land coverage not to exceed. 25% of the total area- or 10% if the land is included in an exclusive agricultural district.
/-
.
At least 40% of the uncovered land shall be in one contiguous parcel suitable for agriculture.
I
Flexible height and sztback
standards.
-~
No significant adverse impact upon the availability of land for the
production of food and fibre is permitted.
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. . . ,”,
Variety of permitted residential uses.
.
.
4. Unique and Special Resou.rces
a. Wildlife and Vegetation: All land and water areas
' defined as wildlife habitats or which possess unique and desirable' vegetation shall be included within this district. The following standards of develop- ment are established to minimize the elimination of these resources:
1) Areas which sustain rare or endangered wildlife, including migratory birds, shall be- preserved.
2) Development within areas of unique and desirable vegetation shall be designed in such a way as to mitigate its impact on these resources wherever possible.
3) As a part of any development process, wildlife
. habitats and unique vegetative areas will be identified and a program to minimize their el imination s,hall be adopted.
b. Recreational Lands: The. Parks and Recreation Element of the General Plan delineates all lands presently secured far recreation and all lands proposed to be secured in order to establish a comprehensive parks and recreation plan for the City. General standards which are applicable to this section include:
1) Where the map titled "Prime Open Space and Con servation Areas" indicates greenbelts, water courses, and linkages, an easement not less than one hundred (100) feet in width shall be pro- vided for public recreation and access. If the gross area of such an easement exceeds ten (10) percent of the total parcel size, the City shall compensate the owner.
facilities or open space available for their employees.
3) Creeks, utility easements, and other open areas shall be utilized as part of an overall master plan for parks and recreation facilities.
2) Major places of employment shall have recreational
4) Open space lands held by the public for recrea- tional use shall be accessible and should be provided with essential utilities, public facilities and services.
c. Aesthetics and Form: Areas.possessing unique visual amenities and areas utilized to shape the urban form shall be' included within this district. The following areas shall be identified and preserved as open space wherever possible:
1 ) Hi 11 s i'des , hi 1 1 tops, Val 1 eys , . beaches , 1 agoons and lakes that provide visual and p-hysical relief to the Cityscape inthe form of natural contrast to the built-up, man-made scene;
2) Open Space areas which define neighborhood, district and City identity;
3) Unique topographical features or natural rock outcroppings and other notable landmarks;
4) Areas of significant historical value; '
5) Prime vista s'ites;
6) Scenic and historical corridors (refer to the Scenic- Highways Element of the General Plan).
47 .
0
D. - Design Principles:
As reflected in the map titled "Prime Open Space and Conservation Areas", the application of Open Space design concepts have resulted in - the following:
The establishment of recreation cores both at a City'- wide, community and neighb'orhood scale composed of local ana regional parks, beaches and .lagoon oriented. recreation opportunities.
, b. The preservation of natural features, natural
resources and processes resulting in open space
and conservation nodes, and a pattern of linked conservation, recreation and scenic corridors as a framework or containers within which more inten- sive development would be more appr0priat.e to occur [design with nature).
C* The development of an open spac'e framework; built
by joining major public, quasi-public, and private open spaces into a continuous system, promising .
increased economy and efficiency through combined use, and increased amenity in the form of linear open areas.
The use of flood plains, utility easements, abandoned railroad rights-of-way, and scenic highway corridors as linear recreation and scenic amenity corridors infused within the urban fabric.
e,' The regulation of the impact of development on physical features, natural resources, natural processes and hazardous areas in a manner consistent with good development and conservation practices.
E
d.
The following additional design guidelines into the Open Space and Conservation Eleme in future stages of plan preparation. The sented in the form of an interdependent se design of an urban-space system in Carlsba statements. They will take on concrete me real situations at future stages of the pl area of Carlsbad with all its idiosyncrasi function, social patterns, and comrnunity a
have been incorpora nt. and should be pu guidelines are pre- t of criteria for th d. They are'general aning when applied t an', to a particular es of form, setting, spirations.
ted rsued
e
0
a. The open space system should be pervaded by the general concept of "openness"; open to choice, open to active use and manipulation, open to view and understanding, open of access, open to new percep-
tions and cspcriences.
bo Thc open space system should intimately connect with
the total environmcntal and the city's daily liie-- not a specialized antithesis to the city, but a
tlit con~cst of thc wI101c,
uses and circulation, the rcgiorlal sctting, the constellations of living systems. 49
' functional part of it. It should bc designed in
tho pattcr11 (ii otlicr city
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C. The open s'pace system should be a complete design,
even if a large-scale and abstract one. A'set of drawings and text should show the pattern of use, form, and charac-ter of all the open spaces as a com- plete'subsystemm, in relation to the same pattern of the city as a whole. All open spaces and their uses and form should be taken into account, not just the publicly owne-d ones specifically designed for recrea- tion. The design should show the pattern -03 major views and the distribution and use of vacant .lots. It should necessarily be based on a comprehensive 'visual analysis of the city, as well as other kinds of surveys.
d, It is fundamental that the open spaces themselves are meaningless except in relation to th.eir use and to the characteristics and aspirations of their users. The design of more detailed plans for ea.ch open space area should show who would use these open spaces and .how these uses relate to present or future desires. Along with the desigh for the form of the spaces would be a program fo,r use,.training and administration.
. e. The design of the individual open spaces should empha- size variety and avoid reliance on park stereotypes. The spread of user requirements .and technical possibili- ties should evoke an equally wide spread of kinds of open space in Carlsbad. Allied to this is an emphasis on access and approach, the meeting edge, contrast, immediacy, and close coupling.
.
f. The city should ensure that roads and other transporta- - tion systems through and adjacent to open spaces be compatible with the special nature of the open space lands. These roads should be individually designed to emphasize scenic values and conform to the unique setting of the areas traversed. Freeways, major highways and other transportation and public rights- of-way are somwtimes determinants of urban form. may serve, in soqe instances, to link elements of-the. open space system. Future design, location and improve- ment of these facilities should recognize these concepts.
t
They
. g. There is need for design for movement. for enjoyment in itself, an ability to communicate the meaning of large environments, an obvious relation to access and to The fundamental nature of the city. This calls for lincar open spaces, specialized routes, and general organizing networks. L
It has a potential
..
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E. Implementation
Development of a viable Open Space and Conservation Resource Management Plan requires a concurrent implementation pro- gram. Such a program must identify public and private areas of cooperation and the tools needed to develop the Plan. As such, this implementation program discusses existing sources of funds for open space land, methods of preserving 0pe.n space, existing land use controls and a program for the implementation of the Plan.
The preservation of open space often requires interference with the individual property rights of the private land owner. It should also be understood that the Plan cannot be implemented withoat some cost to the city, even if only the cost of administration. However, as this section indi- cates, the City need not buy a fee simple interest in every acre of land it wishes to preserve as open space. There are other methods available that ac:complish the same purpose.
t
1. Available Techniques
A variety of techniques are available for the acquisi- tion or management of open space.iand conservation
. areas, both at the regional and the local scale. These methods generally fall into.one of the following categories:
a. Acquisition of Fee
Purchase a) purchase with life estate b) lease purchase excess condemnation (or purchase) purchase and leaseback e) option of purchase f) deferred purchase
Gift a) in .fee b) with life estate
Trade or transfer of public land
Tax foreclosure
Street vacation
Urban redevelopment process
Dedication (Quimby Act)
Eminent domain
b. Acquisition of less than fee (by purchase, dedication or gift)
Open space/conservation easem-ents
Development rights and/or easements
Public easements to beaches,.recreation areas, etc.
Slope conservation easements
Scenic easements (for highways, park entrances, historic sites and/or areas)
Public purchase and resale with certain restrictions
Compensable regulations (should be combined with zoning
Open Space Maintenance District
c. Zoning Actions (police pohier)
1) Flood plain. zoning
2) Ocean - submerged land zoning
3) Zoning to preserve scenic amenity- (height limits, sign control, architectural control, etc.)
4) Exclusive agricultural toning
5) Open Space zoning - parks, open spaces, stream valleys, flood plains, watershed protection areas, cemeteries , go1 f courses and country .cl ubs, where shown as open space on the general plan. Other lands should be considered under type of zone to restrict development, hillside areas, wetlands, slide areas and earthquake zones.
6) Zoning for large lots (Estate Zoning)
7) Planned unit developments. (P-C, P-M, etc.) with open space requirements (cluster development).
d. Other restrictions on development
1) Possible control over developments by the Federal Housing Agency (FHA)
2) Private restrictive covenants
3) Designation of Open Space Plan as "open space"
4) Denial of public facilities
5) Requirements for Environmental Impact Statements,
6) Subdivision Regulations
and requirements of A.B. 1454 and A.B. 1301
L
e. Transferable Densities
1) Provides for density transfers or reallocations to private landowners in order to secure and/or preserve open space and conservation areas.
2) Establishes procedures to allow a property owner to transfer by sale, with the approval of the City, his land's development density to another property in the same section of the City.
3) Requires the property owner incurring a reduction in the development potential of his property to dedicate the development rights to the City.
f. Tax Incentives-
1) By contract
2) The California Land Conservation Act of 1968 (Williamson Act) allows valuation of farms at .present use value.
3) California constitutional amendment' providing tax exemptions for non-profit golf clubs (valu- ation for recreational use). In ,order to qualify for such exemptions, golf courses must be 10+ acres and non-profit.
4) Reduced tax assessment when the public has acquired development rights or other easements.
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5.G
:E FUNCTIONS
TECliN IQUES
ACQUfSlflOail OF FEE
FJHC~I~SL:
OUTRIGHT PURCCBASE
ANA;, CE ACOUIS I'YIOd
PLRCIIASL. FOR AXiUIP
PURCtiASi YITii LIFE LSZATL
tXCi;C.S C.l:iXI;:PTIOX
PiiRCi:ASL PAL LLASE BACK YIIXOUT CERTA1:I RIGliTS
U3OMATIOX SR CIK
TM..STEI
ACdtUISITLON OF LESS THAN FEE
SCENIC B C3NSERV. EASEXEN?
PIJPCHASL AiiI. RZ5P.LL WITiiOJT CERi'AIii RICIiTS
PUJLIC ACCESS
UASL:
OPTION 10 PUHCHASL
YO OPTIOi TO PUXffiASE
COVENAdTS DtEU RESTRICTIOllS
,OTnc,R XVLLOP!lLNT RIGIITS
REGULATION (PoLia rswrx)
, SUBDIVISION ORDLANCES EQUIKIUG LAfrD DEDICATIOIu
IMPACT CODES ,BUILDING 6 PHYSICAL
I ZONING:
FLOOD PLE.Id
AGRICULTURE
CONSLRVATION
OP&N SPACE
~
LARGE Lor
CLXXR 3EVLLOPVCNT
TAX INCONTIYES
a LAND COdSZKVATIOli ACT
INCOME'TAX DEDUCTIONS 6 .CAPITAL GAINS TAX SAVING! RESULTING FROM CONATION
pm OPEN SF
I-r-t-Pi-
HEALTH, WELFARE
AND WELL-BEING
PUBLIC SAFETY
2. Criteria for Determining Technique
c
Basically, the levels of land use control for open space and
conservation purposes presently in use in California 'range from purchase of the full fee, which is total exercise of control; through acquisition of less than the fee, to zoning, which is the least permanent method of control as presently exercised, Tax benefit methods of exerting influence are little used, though desirable, and when used, are used in combination with zoning or less than fee acquisition. The major tax incentive device utilized in Southern California
is the Land Conservation Act (Williamson Act).
The following are criteria that may service as guidelines in judging the level of control necessary for the preservation
of various open space and conservation components.
a,
b 9.
c ..
Acquisition of Fee
This method. of control is recommended when the desirable open space iFreas are in danger of development for other than open space use and:
1,)
2.)
the areas are intended for full public use such as public recreation areas or watershed areas, or
preservation of the open space use would preclude any private use -whatsoever.
NOTE: If the less than fee rights are in the neigh- borhood of 75% of the full fee it may be de- sirable as a matter .of policy to acquire the full fee. This judgment is made in some cases such as in State Department of Water Resources
acquisitions.
Acquisition of Less than Fee
This method is recommended when the desirable open space areas are in danger of development for other than open space use and securing of "less than fee rights" such as scenic easements, conservation easements, and development rights will leave substantial and valuable rights with the property owner. grazing, dairying, private recreation, very low density housing, limited mineral development, etc.
These rights may be for farming,
Zoning and Development Controls
This method is' recommended when the character of the
.
desi-.:able open space areas can be permznently- preserved
in private oxnershi? under zcning 2112 development coatrols.
1 Zoning for public safety
Under this classification would be those areas con- sidered unsafe to build on because of flood hazard,
land subsidence, steepness of shape, fire, slide or earthquake hazard, or airport approach zone hazard.
2 ) Zoning for conservation or scenic amenit.y
Under this classification would come agricultural preserves, exclusive agricultural districts, areas for mineral extraction, scenic conservation districts, open space zones, special treatment, or design control zones and estate size property zones.
and
a..
b.
C.
d.
e.
f.
g*
3. Action Program
The following is a series of actions that.should be undertaken by the City in order to keep .the Open Space. Conservation Elements current and re1 euhnt:
Provide a vital link between the adoption of the Open Space and Conservation Elements and the im- plementation of these elements.
Continue to develop and refine specific, short-range plans and implementation programs, including the proposals presented in the Open Space and Conservation Eaements .
Assist single purpose agencies to plan for and acquire when needed, and in advance of need in some cases, those areas that will be required for their specific open space and conservation purposes (financing, coordination, and land bank functions).
Continue the tasks in process to develop and refine statements of goals, operational objectives, and the divisions of responsibility required among the several levels of government and the private sector which are required as a basis for achieving ef- fective intergovernmental management of open space and conservation resources.
Develop additional devices and procedures for insuring the fullest degree of coordination and communication with all affected public agencies as a basis for their support of the City's plans and their imple- mentation provisions, where relevant to their area - of juri sd i cti on. t
Conduct more detailed analysis of the natural environ- mental factors of geology, hydrology, soils, plant and animal ecology, elimate, and resources which are fundamental to the planning of a viable and effective open space and conservation system. Continue to identify the location and significa.nce of hazardous, unstable seismic or other areas in which urban development should not occur, as well as areas of exceptional, unique or fragile character which should be conserved as areas of positive open space value.
Develop more detailed demand estfmates, space standards, and service area criteria for all forms of open space, conservation, scenic highways and recreation in the City, and evaluate the attitudes and desires of recreation consum5rs. Identify the varying human needs for different types of recreation facilit-ies and services in the City and respond to the special needs of the aged, the young and others whose mobility and ranges of choice are limited geographically, physically or economically.
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Compare the full range of demands for various types of open space, conservation, scenic highways and recreation lands. with the inventory of aatural and man-made resources of the
City. and locations which are physically suitable' and efficiently located.
)latch the activities and facilities to specific sites
Develop quantified data on the respective economic and social costs and benefits of alternative open space - urban development plan options ad specific sites. Develop a procedure which the City c2n operate on an on-going basis
to mollitor the economic effects of actual change produced by public and private sector development actions, as a means of improving the adequacy of the preservation plans and
programs to meet their objectives.
Supervise the preparation of prototype site plans and design
studies to illustrate recomended developmental approaches for various open space, conservation, scenic highway and recreation lands .,
Provide landowners and interested citizens with information on estate, income, and property tax consequences of various forms of gifts; and have available for disccssion with pro- spective donors, legal forms for the conveyance of various types of interest, such as the fee, the fee subject to a life estate, scenic easements, flooding easement, and fee
subject to reversion if the goverment ceases to use the land for open space purposes..
Continue to prepare and refine a long-range plan for a de- tailed City-wide system of open space, conservation, scenic highways and recreation lands on the basis of the evalua- tions and tasks described above, to optimize the benefits of the City's unique setting and environment. This will consist of a map of the entire City, on which will be in- dicated all existing or proposed open space, conservation, scenic highways, and recreation lands. 12 will also con- sist of i? plan text describing each of these lands or locations in terms of the approximate size of the sites, the purposes or fitlnctions thcy are-intended to serve, their current status of development and ownership, their estimated cost, and the means recomended to implement their inclusion with the open spzce, conservation, scenic highways and recreation lands system. The plan nap and text will constitute a combination of the Open Space, Con- servation, Scenic: Highways ElerrLents and certain aspects of the Recreation Element of the City's General Plan, and will
provide the basis for preparing required environmental im- pact reports.
m. Initiate, coordinate, and supervise specific implementation
programs for both short-range 2nd long-rage plans, in- cluding among other items a capital improvement program,
a financial plan, proposed changes to the City's development regulations, and the acquisition of fee and less than fee rights to land.
- n. Undertake specific site evaluations with the-intent of
securing Open S?ace Easements in accordance with adopted policies and plans.
Comission the specific restrictions and/or privileges to be secured.
Analyze and report to the Planning
0. Give specia'l consideration to the use of density transfers or reallocations as a means of preserving open space. While cluster or planned community development permits variable density within a single residential district, transferable density zoning permits variation throughout a whole community. It might be initiated by taking the following steps: .The city accomodate an optimum future population. Then it would create a fixed number of "density units," each of which permits con- struction at a given level of density. These density units would then be allocated to the property owners according to the size and presently permitted use of their holdings. density units would be freely transferable: bought and sold. high-density subdivision, he would have to buy enough density units from property owners to-achieve the desired density for the subdivision.
would determine the average density required to
The
They could be
Should a developer wish to construct a
Establish procedures to allow a property owner to transfer by sale, and with the approval of the city, the development density to another property owner's parce.1 in the same section
of the city, Require the property owner incurring a reduction
in the development potential of his property to dedicate the
the development rights to the city. Unlike zoning, this action is considered an "enforceable restriction"' under state law and will impact the tax assessment of the grantor's property and hence his property taxes. (TechnicaJ Note: Real property subject to taxation is assessed at the fu1.l value thereof.
Full value is defined judicially as the price at which the property would sell under ordinary circumstances. The transfer of density to another landowner's p.arce1 and the dedication
of the development right to the city would lower the value of the property of the grantor and hence his property taxes but, would likely increase proportionately the value of the property receiving the increase in development density.)
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A. STATUS OF OI'EN SPACE AND CONSERVATION IN CARLSBAD I
TO logically prepare a general plan and implementation program for the preservation or rational development of open lands, knowledge of opportunities and the current status of open lands is necessary. . This chapter presents a summary of certain com- ponents of the open space, conservation and outdoor recreation resources and constraints.
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- -. 1, Rapid Transition: Various economic. pressures and . governmental decisions coupled with population growth have over the past few years stimulated the rapid
,. transition of land from rural, agricultural, natural and scenic resources, conservation and recreation uses to urban uses.
2. Urbanization: An' examination of the urbanized areas
of Carlsbad demonstrates that past development policies have resulted in a lack of preservation of sufficient open space, and that development has occasionally en- croached upon flood plains, lagoons, steep slopes,
. wooded areas and prime agricultural land.
topographic areas. of the City, and the terrace about 30%. 70% of the City consists of rolling hills.
3. Topography: Carlsbad can be divided into 3 distinct
The beach comprises less than 1% Approximately
0 Beach: The beach is very narrow. Its width
Apprbximately a third of the
. omar Airport Road, is sea cliffs which range
does not exceed 500 feet, and is generally less than 200 feet. . coastal boundary, from Batiquitos Lagoon to Pal-
from 40 to 50 feet high. 6-1/2 miles of beach in the City, more than four miles is in public or quasi-public ownership.
Of the approximately
Q Terrace: The terrace is gently and uniformly inclined to the west. Maximum el-evation ranges from about 40 feet in the west to about 400 feet in the east. The terrace is cut by the channels of four west-draining streams, three of whi.t=h empty into lagoons.
e Hills: In the area of rolling hills, elevation ranges from about 100 feet to about 1,000 feet, but 80% of the area is less than 500 feet. Greatest. relief is along the eastern boundary of the City. Here the hills are steepest, with sharp, incised drainage divides.
4. M-ajor Recreation Areas in Carlsbad: No non-beazh regional or community parks exist in Carlsbad. There
population of the City.
~ are only five neighborhood parks serving'the entire
5. Coastline: The coastline is a major resource of Carlsbad. The public's access to these coastlines have been impaired, not so much by development, but by the lack of improved access.
6. .Canyons: The canyons have great importance for Carlsbad because they have considerable value to
a comprehensive open space system. The present policies of the City do not adequately protect
these resources.
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7. Watercourses: Development of Carlsbad's river beds and creeks has had at least two detrimental effects on the environment. First, development in certain areas of Carlsbad has blocked the natural flowing . of water. Second, the soil of the watercourses and banks is quite fertile and development precludes its
cultivation.
8. Steep Slopes: Steep slopes are central to the problem of flood control and erosion. This is particularly true in the Carlsbad area where natural vegetation and ground cover is not thick, and the rainfall is
concentrated in the winter season in which 90% of the annual precipitation occurs. Also, construction on steep slopes often results in a form of urbaniza- tion that is difficult and costly for the City of
Carlsbad to service, besides presenting grave public
safety hazards when steep slopes are'unstable.
Approximately 10% of the City contains slope lands greater than 26%, and 15% of the City contains slope lands ranging from 16 to 25%. If thes-e slopes are left predominately undeveloped they can give a greater impression of openness than th.eir size alone would indicate--particularly if they are abutted by low-lying areas of urban development. -
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9. Agricultural Soils: There is no program to preserve prime agricultural soils in Carlsbad at the present time. The Land Conservation Act has riot been used.
10. Hills: Excessive alteration has occurred to utilize hills and hilltops for home sites.
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11. Surface Water: Surface water in Car-lsbad is too meager and undependable to be considered an exploitable resource.
The Water Resou?ces Division of the U.S. Geological Survey studied the flood potential of the streams in Carlsbad. The areas susceptible to flooding are those underlain by alluvium, the lower reaches of the four main drainage basins, and the lagoons. These' areas are shown on the map titled "Flood Prone Areas ."
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Most of the streams are intermittent and drain into the three lagoons: Buena Vista, Agua Hedionda and Batiquitos. Only Agua Hedionda is a tidal lagoon open to the ocean. 3x1 Dkgo Gas and Electric Cppany does period maintensace dredging to assure adequate coolmg - water for the Encina Generating Plant.
Batiquitos Lagoon contains brackish water; the degree of salinity varies seasonally with the amount of rain- fall. Buena Vista Lagoon is a freshwater lagoon and is being maintained by the Cities of Oceanside and Carlsbad. The lagoon is owned by the State Department of Fish and Game. The lagoons have been utilized in the past for sewage disposal and the head of Buena Vista Lagoon has been artificially filled.
At the present rate of siltation, with debris origi- nating mainly from construction projects in their drainage basins, it will be perhaps ten to twenty years before Uuena Vista Lagoon and Batiquitos Lagoon are filled in,. If these lagoons are to be preserved, a comprehensive program of erosion and siltation con- trol would have to be undertaken.
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12. Groundwater: Data from the California Department of Water Resources indicate that the only sources of
groundwater in Carlsbad are the alluvial deposits and the La Jolla Group rocks. About 80% of the groundwater is in the alluvial deposits with the remainder in .. the La Jolla Group.
Groundwater is currently being used for rural and agricultural purposes. Chemical analysis performed by the Department of Water Resources show dissolved salts and minerals make the water of questionable quality for domestic use, but it is considered ade- quate for agricultural purposes.
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The Department of Water Resources data indicate that
there is no area within the Carlsbad City limits where a high yield well could be developed.
13. Flood Prone Lands: Mapped in this document are 100 year flood prone areas with upstream drainage areas exceeding 25 square miles.
chance 011 the average that these lands will be inun-
Detailed analyses of flood prone lands are contained in the
reports prepared by the U.S. Army Corps of Engineers for the Euena Vista and Agua Hedionda Creeks.
San Marcos Creek/Batiquitos Lagoon may be otrtajned from the San Diego County Sanitation and Flood Control District.
14. Water Resources: In Carlsbad, as well as other coastal
communities, where competition for land is intensifying, it is particularly difficult to coordinate land use and water resource/open space/conservation planning.
There is a 1 in'100
dated during any year. h J
Informa$ion on the
Flood control will become an increasing problem in the City. Owners of property in flood plains will desire flood control channels to protect their investments and maximize the development potential of the land. trol channel would make possible urban development on presently undevelopable land.
On the other 'hand, retention of the lower reaches of the.flood plains as open space has 'benefits for the general public. The watercourses in Carlsbad have the potential of providing natural greenbelts dividing existing and possible future development.
On portions of the flood plains agricultural develop- ment and golf courses can provide forms of open < space which are compatible with passage of flood waters.
Provision of a -flood con-
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It should be strongly emphasized that near urban areas, river bank vegetation, golf courses, and agriculture cannot survive if subject to the market economy. belts, they have to be afforded the same kind of ' protection that city parks have.
To be preserved as open space and green-
15. Vegetation and 1Vildlife Habitats: The majority of vegetation cover in Carlsbad can be divfded into foul' types: (a) Coastal Sage Scrub and Chamise Chaparral, (b) Eucalyptus Groves arid Woodlands, (c) Cultivated, Fallow Fields, Grasslands, and Disturbcd (Rudcral) Areas, and (d) thc Vegctation Associatcd wi th Laigooris. c
Four basic types of wildlife habitats existing in Carlsbad: (1) chaparral, (2) woodland, (3) ripar- ian, and (4) coastal lagoon. The chaparral habitat contains vegetation classified on the San niego
County Soi 1 Survey miips as "broad-leafed chaparral ," "narrow- leafed chaparral, I' and to some extent, "barren." The riparian habitat includes areas
Within these zones of habitats are many interrelated ecosystems, or functional physical and chemical relationships. There are interrelated environments within these habitats "determined not only by geo- graphic location, but by soil type, draina'ge, erosion,. water, wind, and many other environmental features-- considered of a local nature."
16, Climatic Zone: The City 'of Carlsbad's climate is largely controlled by the surface temperature of the Pacific Ocean. This and the distribution of land and water areas are the determining fa'ctors .for the typically mild winters and moderate summers. The
average rainfall is 10.4 inches, but the precipita- tion occurrence is highly variable. Temperatures in this area are influenced by the coastal fogs and
air currents from the ocean. The annual average minimum temperature is S5.1°F, while the annual aver-
. with intermittent drainnvc.
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* age maximum temperature is 71.4OF.
I 17 Grading: The current grading practices allowed in the City have adverse effects. been established to mitigate the effects of earth moving (e.g., proper planting of environmentally adopted grasses, forbs and trees), and impede c erosion.
Few provisions have
18, Roads and Wildlife: Multi-lane roadways have exacted a great toll of animals, including birds, mammals and reptiles. Regardless of behavior (diurnal or noctur-
. nal), wildlife is susceptible to road-kill. This problem will be especially acute as the City extends roads inland through high quality areas.
been making brush-to-grass type conversions through the County, including the Carlsbad area, since about
1953. change in what is available to be burned. Multiple
benefits result from type conversions. Grass areas provide fuelbreaks to aid in fire control and the absence of nature or climax vegetation rccluces water losses throush evapotranspiration. Conversions create a greater variety of wildlife habitats and provide browse or forage plants for livestock.
19 e Grass .Areas: The IJnited States Forest Service has
Type conversion is a form of "fule modification," a
20'. Wildlife Buffer Zones : Small wildlife environments
such as neighborhood crzeks, wood lots have not been preserved. Development has not been adapted to con- form to existing geography, and buffer zones for wild- life-have not been adequately provided to lessen the impact of development.
ings by animals have not Seen employed, and structures to allow safe passage have not been provided. This wjll become more important as development continues adjacent to lagoons and as development probes inland.
21, Animal Crossings: Devices to discourage roadway cross-
22, Lagoons: There has been a continuing discussion through- out the years as to what should be done to Buena Vista, Agua Hedionda, and Batiquitos Lagoons. The three lagoons existing constitute a major resaing point along the Pacific Flyway for ducks, geese, and many water birds. Further, the lagoons contain or have the potential to be rehabilitated to contain fl-ora
. and fauna which cannot be found anywhere else in the
world. Once blocked or built upon, the lagoons will drastically change [the process has started), causing irrepairable damage to the bird populations of North America. It is extremely important that they be wisely managed. Suggested uses have ranged from filling for industrial and residential uses to nature preserves to ocean access small craft harbors. proposal has had its staunch advocates and opponents. Since these lagoons differ in respect to such aspects
as ownership, physical characteristics, governmental jurisdiction, potential uses, and financial and environmental costs of implementing various proposals, it is essential that each be considered in its own 0 light.
Each
Buena Vista La,qoo:i: San Diego County's Regional Parks Implementation Study recommends that 3uena Vista Lagoon be developed as a nature preserve oriented regional park. Although the lagoon bottom as it presently exists is owned by organizations interested in such uses, most of the adjoining land intented for park use, namely Hosp Grove, is no longer available for such purposes. The mouth of the lagoon has long been closed to the ocean and there is no need for it to be opened. important habitat for fresh and brackis,h water fowl and both public and private sentiment a.ppears to favor this use.
The lagoon is well known as an especially
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A~un Iled j onda %coon: ject. oi two City T'Carlsbaci stutlics exploring its use as an ocean access small craft harbor. It has
Thi s lagoon has hccn the sub-
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also been recommended in the Regional Parks Implemen-
regional park. by the San Diego Gas and Electric Company and is used as a cooling water intake and settling basin for the Encina Power Plant. This area is leased to the City 'of Carlsbad for recreational use. Since most of the south shore of the lagoon is owned by San Diego Gas and Electric Company and the remaining shoreline
and adjoining acreage is privately owned, it appears that joint cooperation between San Diego Gas and Electric Company, the City, and private interests is essential if Agua Hedionda Lagoon is to be satisfac- torily developed.
tation Study as a major intensive water sports oriented ? The wet area of the lagoon is owned
Batiquitos Lagoon: - vnty coastal lagoons and appears capable of a wide variety of potential uses. It differs from Buena Vista and Agua Hedionda Lagoons i.n several re- spects: (a) Although covered with water in winter and spring, most of it is usually dry during summer and fall; (b) The lagoon bottom and surrounding area' are almost all privately owned; and (c] Ffost of the area in and surrounding the lagoon is relatively undeveloped.
This is the largest of the northern
The County's Regional Parks Implementation Study has recommended the acquisition of 355 acres of lagoon bottom and 1061 acres of adjoining land as a coastal lagoon ecological preserve., and development as a water recreation regional park. that the County be the sole controlling agency and that the entire development be public. The City of Carlsbad, however, has taken the position that
although it endorses the concept of a. regional park at Batiquitos, it favors joint City-County and public- private participation to accomplish the desired results.
Areas of agreement between City, County, and private interests are: (a) Batiquitos Lagoon is capable of
a wide range of ecological and recreation uses; (b) The lagoon should be opened up to tidal flushing; and (c) Any type of lagoon development will be very costly. Areas yet to be resolved are: (a) Specific uses on the I.agoon proper; (t?) Land uses, both public and private, on lands surrounding the lagoon; (c) Which public agency(s) should be in control; and (d) hIethods of financing by public and/or private interests.
Calttvci-a I,nkc : Owned by the City of Carlsbact, this lake is recommended €01- dcvclopment by Snn Diego County as a major urban general recreation regional
The report also recommends
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park for a day use and cvernight camping with active play areas, inland itate-; recreation, amply camping
and picnic areas, and major cultural and equestrian facilities. Park, centered around the existing 40-acre Calavera Lake, is geographically located to serve as a major ,
focal point in the regional park system for the north-
west county area. Development recommended is for a broad program of general recreation and cultural acti- vities including a regional cultural center, extensive active play areas, passive nature areas, moderate water recreation and equestrian facilities. has further potential as the hub in a linkage of public recreation trails and open space corridors connecting with Buena Vista Lagoon along Buena Vista Creek and with Agua Hedionda Lagoon southwesterly along Agua Hedionda Creek. water recreation demand, and to provide an adequate basic attraction for users of this major regional facility. 2,413 acres.
The proposed CAlavera Lake Regional
The park site
A larger lake is needed for land-term
The proposed acreage fo’the park totals
Acquisition Pr iorit ies/Problems :If the 2 52 -acre City \ of Carlsbad water property is purchased by the county, dditional developable land will need to be purchased for park facilities. the park site are marginal terrain for other land use
and may be included in the open space preservation program. include easements for trails.
The following lands are major open space opportunities in the Carlsbad area:
F’ortions of
Drainage courses to the other parks should
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13uena Vista Lagoon Agua [Iedionda Lagoon Batiquitos Lagoon
Ilosp Grove
Drainage courses and canyons from -hill areas
Flip.ht approach and take-off at Palomar 4irport
Calaveras Lake Area Squires Dam Area Areas of rough terrain considered difficult for
Areas between the beach and Old Highway 101 that
Buffer areas between industrial land use and
Utility easements
Sc en i c Hi ghway Corridors
down to the lagoons .
development (steep slopes)
are not yet State beach areas
future res i dent ia 1 deve 1 opmeiit
Until the adoption of a new general plan, the City of Carlsbad’s official policies and goals pertaining to the preservation of open space lands arc contained in the 1966 General Plan and the Housing Element.
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The old general plan provides for various types of permanent open spaces, including preservation of
existing natural featurcs, and creating a system of open-space park strips connecting other park sites
and community facilities and residential areas, The old general plan is concerned Ivith the need for general preservation of open space to serve as a transition between residential areas and certain incompatible non-residential uses and as holding zones for long- range urbanization of the area. Unfortunately, the implementation of the plan has been weak and has only met with partial success.
26, The 1960 General Plan did not stress linking open space and recreation areas at either a micro or macro scale.
The map titled "Potential Linkage and Other Special Features" illustrates potential scenic highway and the use of utility easements as linkages.
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B. OBSTACLES TO .OPEN SPACE AND CONSERVATION PRESERVATaN
Considerable attention has recently been focused on the need to preserve the quality of the environment. Nevertheless, the fol-
lowing obstacles must be overcome before the open space and con- servation
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7.
resources of the City will be effectively-protected:
The esisting system of property taxation hinders the preservation of open space by forcing land into more intensive .uses.
Existing techniques of open space preservation are limited in their ability to preserve a comprehensive system of open space.
Differing developmental policies, intergovernmental
conflicts and competition between local ,governments inhibit the ability to preserve a comprehensive system
of open spaces and develop an integrated park and recreation program.
The prevailing concept of "private property rights" versus actual State and Federal constitutional limi- tations often leads to exploitation of open space and conservation resources and inhibits local govern- ment's attempts to guide the preservation or develop- ment and use of open space land.
Social and governmental contributions to increased land values are not adequately recouped by existing local advalorem assessment practices or by the exist- ing State and Federal capital gains or income taxes.
There is reluctance to utilize or even try more compli-, cated open space preservation methods such as scenic and conservation easements, purchase arid sell back without certain development rights, required dedica- tion of less than fee title to land, enforcement of zoning to the legal limit to preserve open space; and, instead, local govcrnments persist in relying on acquisition of full fee, and required dedication of land for local parks.
Few resources have been allocated to open space and conservation preservation because open space has been viewed as an amenity rather than an environmental necessity.
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8. The benefits of open space and conservation have been
to this point noq-quantifiable, whereas the supposed monetary costs have received more notoriety.
9. The most critical open space and conservation concerns of Carlsbad may be identified as follows:
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Uncoordinatcd multi-jurisdictions and-interest groups, each with their own conccpt of open space and conservation needs and priorities.
Slow evolution of acknowledged level o'f responsi-
bility by the various levels of government and the private sector. This has caused conflicts
and confusion over types of areas appropriate for various operating agencies.
The beginning of intense competition for land throughout San D'iego County with urban uses eco- nomically capable of outbidding open space and conservation uses.
Under-financed Federal/State govermmental open space and conservation programs for grants-in-aid to local units of government.
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Lack of any agency responsible for regional open space and conservation as such.
Generally low level of public and political con- cern about future open space and conservation resources in relation to projected demand.
Lack of concern for the future quality of life , where the withdrawal of the individual from con- ~
tact with nature has unknown consequences.
Increasing leisure time without proportionately increased opportunities to utilize that time in a manner that is meaningful and productive to both individuals and society. .
Absence of detailed City, as well as County, opcn space and conservation plans adopteld by local units of government upon which to base a long-term and con t i nu in g inan age 111 en t p r og r am.
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Undcr tlic frce e~tcrprisc system, upon nlinost cnt ircl!. to pz*oviJe 11 true that yrivatc cntcrprise has demand for olicn sp;iccs , there ;ire mcchan i sm cannot be count cd upon
thc private,
ecc?cd colllnlod
not complctc r;cvcral rca
totally to p
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1. Many benefits to be derived by the public from the provision of open spaces, especially conservation,
are not subject to monetary remuneration. While citizens enjoy driving through areas of natural beauty, there is no feisible way that they can be required to pay for benefits received. Similarly, while the
whole City will clearly benefit if watersheds remain unpolluted and the proper ecological b:.lance is main- tained, no private firm could charge far-providing .
such services. Although social benef its gained by providing open space may well exceed costs, no private
. firm could make such a venture profitable.
2. For most conservation uses, it is necessary to have
large tracts of land. Past experience has shown that private firms are often incapable of acquiring all of
the individual parcels that must be combined to form
, a site large enough for conservation purposes in the appropriate areas.
3. Many conservation and other open space uses can best be effected by a public agency. In order to achieve maximum benefit from such open spaces, they must fit properly into land use patterns of the area. Zoning, c
subdivision regulations, and other development controls must be used in a manner which protects existing open
space, and facilitates the addition of more open land
as needed.
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D. 0PE;N SPACE DESIGN CQN C E PTS I
The Opcn Space and Conservation Elements are both immediate and futuristic. Certain features of the elements can be
immediately implemented or implemented in the near future, while other. features will require capital outlays over an extended period of time and the continubus application of open spaze/conservation/urban design principles.
The design concepts advocated in this general plan are based
space is more than formal recreation areas and includes
(1) outdoor areas in urban Carlsbad which are open to freely chosen and spontaneous activity, movement, or visual explora- tion of a significant number of city people; and (2) lands in need of special conservation treatment. cept includes places which are not usually green on planners' open space maps, such as vacant lots, median,parkways, small landscaped areas, flood control channels, railroad rightsTof- way, stands of trees, and features that present the image of an open community.
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- on the aforementioned goals, and on the premise that open
The design con-
Many of the design concepts can be applied both at the micro and macro open space scale. The emphasis at the micro scale is on open space amid and between buildings, streets, parkways, median strips, open space within subdivisions, planned unit developments and c0mmunities;central business districts, industrial parks, etc. including the number of acres to be developed for neighborhood recreation, neighborhood riding and hiking trails, treatment of neighborhood watercourses, open spaces as center pieces around which buildings can cluster, buffers, development of hillsides, preservation of natural features and scenic amenities'. In some cases the amount of land to be left open and that available :€or build- ing can be set as a limitation in percent of lot coverage or in specific dimensions. These limitations need not be con- sidered restrictive, but as conditions for developnent. They set the challenge for development possibilities and ingenious building solutions.
The emphasis at the macro scale is on open space for City
and regional recreation, major riding and hiking'trails, greenbelts, wildlife, flood and drainage, agriculture, mineral resources, watershed and water recharge, stream valleys, scenic and conservation corridors', lagoons, beaches, golf courses, and linkages to major public open spaces.
. An important factor is that open space should always be con- sidered in relation and integrated into the whole hierarchy of
scale: the site in relation to its neighborhood, t:he neiglibor- hood in relation to the city, the city in relation to the county and region. It is in the open spaces that one size of area relates directly'to others in the hierarchy of scale, and it is
'in this rclationshp that a system of open spaces develops, from the smaller detail to the larger broader elements of a system,
The plan, policies and standards in the Open Space and Conserva- tion Elements reflect a combination of five design concepts at the micro and macro level: Containers, Recreation Cores, Open Space Net, Linear, Natural Features,
.- . from the broad scale to the local detail.
1. Containers: This concept suggests that open space could also be applied to limit urban growth to a
' predetermined size by surrounding area within the City with a band or buffer of open space.. This is not a new concept. Around the turn of the century in England, the concept of "new towns" 037 "garden cities" was developed; .whereby each new town was a complete, relatively self-sufficient community sur- rounded by open countryside or a "greenbelt" which served the recreational and agricultural needs of the people as well as limiting further outward devel- opment., Since that time, the concept of new towns has been modified to meet changing social conditions, but the validity of balanced land use has become stronger. This has been especially true in most recent years because of the sprawling low density development which has occurred and the rapidly increasing population demanding more facilities. Using open space as a container of development could work if used to surround existing residential areas or planned communities. <
Under this design concept, a significant modification
in open space acquisition policies is required. Major land holdings currently designed to meet reccreational or conservation needs would continue to function i,n this capacity. However, the emphasis on new acquisi- tions must be shifted to smaller areas capable of . serving as an integral part of a "greenbelt." This concept would afford the maximum in user-oriented facilities, since the open space system identified in this document is in close proximity to the resi- dential areas. However, the application of the con- tainers approach would be difficult to apply in the existing developed portions o€ Carlsbad.
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2. Recreation Cores: This concept uses open space as the focal point for urban development. Central Park in New York City is an excellent example of this, in that its location, size, and configuration were chosen in terms of serving an urban area and did not relate specifically to water or other natural features.
Using this approach, emphasis would be placed upon recreational areas within the urbanized portions of the county such as regional parks and beaches. This, in turn, suggests that new urban growth will .center around or adjacent to these facilities.
Open Space Net": Under this design concept an "open - space net" is created by joining major public, quasi- public, and private open spaces into a continuous system, promising increased economy and, efficiency through combined use and increased amenity in the form oi greenhelt parkways. Most of the gains can be achieved without major increases in public expenditures.
To be effective, the net must become a central coordi- nating element in planning--not something happening occasionally and in patches by fortunate accidents, but a sustained and purposeful effort. This approach to open space design is applicable to micro as well as macro open space systems. For a balanced system,
the open space net approach begins with consideration of open space of regional and citywide significance and works down to the scale of the community and neighborhood level.
The net is intended to serve, to separate, and to buffer *in areas where buffering is needed. Where it performs all these functions, its pattern is as follows (See figure titled "Detail Plan and Cross
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. Section of Net"):
e Border Elements: Collector or arterial street
at outer edge of net forming boundary. Close to street, public, quasi-public, and private uses with substantial open space requirements, with space merged to contribute to buffer.
*Frederick 11. Rair, Jr. The Open Space Net, ASP0 Planning Advisory Service, Aiiierican Society of Planning Officials,
' Chicago, Illinois, January 1968.
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DETAILED PLAN AND CROSS SECTION OF NE?’
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0 Buffer Elements: Parklike open space, prcfer-
ably continuous with minimum of vehiicular inter- ruptions. structures. Should contain pedestrian ways.
mass transit, major utility trunks, and the like.
Xay contain uses with only minor
0 Linear Core Elements: Limited access highways,
The figure titled "The Net and Neighborhoods" is an intentionally generalized and schematic illugtration. It shows what might happen as a result of application of the open space net concept as limited access arterials cut through predominantly residential neighborhoods and as complementary uses, open space, and principal peripheral collector streets are added.
4. Linear: The linear design concept .is implicit in many of the previously mentioned open space design concepts. However, the advantages of a linear open space system have not been explicitly stated.
If the major objective of the open space system is to provide people with a maximum amount of visual and physical contact with open space, it is desirable to enlarge the perimeter of the space rather than increase the bulk of it. This requires the design of an open space system involving linear or corridor open space. To illustrate the value of linear open
spaces let us take an area-of 4 square miles. If it is all in one piece and roughly square, there would be 8 miles of perimeter.
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If'the 4 square miles consisted of four separate squares of one mile each, you would have 16 miles of perimeter.
If the space were a strip 1/2 mile wide:, you would get 17 miles of perim,eter.
Per acre, linear strips or corridors are probably the most efficient form of open space. Wheii they are laid along the routes people travel or walk, or poked in to the places where they live, the spaces provide maximum visual impact and maximum physical access.*
TO be effective the linear design concept and linkage approach must become a central coordinating element in the environment of Carlsbad. The 1i:nkage approach must not be left to happen occasionally and in patches by fortunate accidents. It requires a sustained a>d purposeful effort. When this is done, the open space and conservation system has dramatic promise, but it becomes apparent that some traditional planning concepts may have to be altered and improved.
*William 11. Ifhyte, The Last Landscape, 1968.
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5. Natural Features and Processes 'Concept: The thesis of this concept .is that the preservation of natural features and maintenance of natural processes should be viewed as a primary objective of planning, and the planning with the environment will in the long run be more b.eneficia1 to man. These natural pro- cesses are identifiable and are determined- by the laws of nature and constitute a value in themselves.
It-is, in fact, essential for man's survival 'that he ,identify and maintain these natural processes for
the maintenance of life..
Applying this concept to open space planning suggests thzt lands for open space should be largely made up of areas which have a distinct natural c:haracter. The preservation of such areas would not only maintain natural processes but satisfy open space requirements .such as recreation and visual amenity and also serve the public interest in other capacities. Ian McHarg
has expounded this "environmental determinism" approach in many of his writings. It is basica1l.y an ecological approach--economically defensible and serving the recrea- tional and design functions of open space as benefits of its application. - . *- .. . .. .. ._- ." Empirical studies have shown that areas which contain the most significant environmental resources can be identified and ranked according to theiir values. They are.frequently concentrated in a linear pattern, generally coinciding with the drainage pattern. These
concentrations have been referred to in this report as "conserv'ation corridors .It As a result, watercourses , . '
flood plains, steep slopes, poorly drained soils, wet-
lands, aquifers, important wildlife habitats, and areas of scenic beauty may combine into a system with fairly distinct boundaries. By placing restrictions on the use of these lands, open space can be iinfused into development, and the integrity of natural processes can be preserved.
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E. - Funding Sources
One of the main problems in providing open space and conservation areas is the lack of local funds. Acquisition of open areas requires financial assistance from Federal , State, and County sources. The major funding sources include:
1. Open Space Land Program (Legacy of Parks Program) : This proaram is administered by the Department of Housinq ancurban Development. It provides match;no grants covering up to 50 percent of the costs of acquiring and developing recreational , conservation, scenic, and historic lands. standstill in reference to new grants and was recently suspended. Its future is doubtful , as the current national administration would like its functions to be absorbed under general revenue sharing through sharing throuah the Better Communities Act.
However, this program is currently at a
2. Land and l:rater Conservation Fund: Another federal prouram is authorized bv the Land and Water Conservation Act of 1964. It established *a 50-50 matchinq grant program to states for planning, acquiring, and developinq recreational open space lands. Funds for local jurisdictions and counties are administered through . the State of California Departmeut of Parks and Recreation. Each proposed acquisition or development project must meet hiah priority public recreation needs shovn in the action program of the State Outdoor Recreation Resources Plan. The local agency must dedicate the project to pub1 ic outdoor recreation use and assume responsi bi 1 i ty for continuing operation and maintenance. share for the 1973-74 fSscal year will be $127,572. fs in part the result of a two-thirds nationwide cut in funding. However, it is possible that funding could go back to its previous level, of these federal funds due to a limit set at 7 percent of the total amount appropriated by Conpress'that any one state may receive. A bi.11 bqs been introduced in Congress to raise this figure to 70 percent.
The San Diego region's This low figure
A1 so, California does not receive its proportionate share
3. State Bond Act of 1974: rogrqm is the. Pro osed State Beach, Park, Recreational and Historical
ballot and, if approved, will provi'de $250 million for the acquisition and development of parklands, beaches, and h-istorical sites. total, $90 million would be made available to cities, counties, and special districts with the San Diego regton being entitled to a proximately $6.3 million. The county government is required to
to decide how the region's share should be utilized. tions made must be in accordance with local plans for parks and recreation and open space.
Of perhaps more importance than any federal F acilfti-es Bond Ac ! of 1974. This proposal wiill be on the June 1974
p 7 ay a major role in the program by working with the thirteen cities
Of this
The recommenda-
4. Bagley Conservation Fund: Another source of funding is the Bagley Conservation Fund. which applies only to the state park system. Approved by the legislature' in 1971 ,- it includes a $40 million allocation for state beach, park, and land acquisition to be spent over three years starting with fiscal year 3971-2. on coastal and urban areas, with particular emphasis being placed on Southern California sandy beaches. Due to a state budget surplus, consideration is heinq given to adding $50 million to this fund to be spent over a three year period.
The emphasis is
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5. State Park and Open Space Fund: A possible future source of
This would augment revenue sources of local fundings is proposed state legislative Bill AB920, Park and Open Space Fund. government for park and open space acquisition, restoration and maintenance programs. The bi71 proposes a 1.1 percent sales tax on the transfer of real property. homes will be exempt). It would generate approximately $75 million (based on 1971-2 sales estimate). and park districts would receive 30 percent of the fund to use at local discretion and 50 percent for specific projects. The state would receive 20 percent, with the California coast being designated as one of the areas of high priority for preservation.
6. Local Bond Issues: It seems clear from the limitations of existing funds- that the great majority of open space acquisition funds .will have to come from local sources, such as aeineral obligation bond fssues. If those bonds can be repaid through methods other than property taxes (such as San Diego's Environtyental Protection Fund, which is derived from the franchise tax on public utilities) they would seem to have a better chance of passage and would not present an added tax burden to property owners.
(All owner-occupied
The local governments
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VI. .WFZ D Dc
A. Def5xLtLons: For the purpose of this docr;nent, certab tErm or
Vords in the xorrds us& herein shall be i.rterpreted as follow:
present, tens2 incl~de the future, wprds k the singulw xdoer include the plural nvnbsr, and words of tha nasculine gender
incluee ths femi;.?ir--e gender,
perrzssive, unless the c0Etex-L indicates that a directoq msan-
ing is inteEded.
The word "shall" is 'mzridatoory, not
Adjace-fit to-Lands shall be considered zdjaceEt if thzy shzre a common bouridq lhe; or if they do not share a com?,on 3or;ndary-
line, t5ey are separated only by a public right-of-way or
easemznk .
Base District-The underlying zoning classificatLon established
by the City Zonirg, Code, including conk6nhg districts.
Cleared Areas-Land areas whsre vegetation has been removed to the extext that ths native soil is disturbed md exposed,
Agricultural cultivation shd not be constdereci as cleared
areas.
Development -- On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision of land pursuant to the Subdivision Map Act and any other division of land, including lot splits; construction, reconstruction, demolition,.or alteration of the size of any structure, including any facility of any private, public, or municipal utility.
Elevation-The vertical distance of any given point on the land
above or below sea level or other base level of reference.
Enforceable Restriction -- Land subject to restrictions as provided by:
A Contract -- executed by the City and the fee owners of the surace and trust deed beneficiaries aad mortgagees of record of land under contract to preserve land (usually for agricultural use) as open space for a minimum period of ten (10) years.
Open Space Easement -- An instrument whereby the owner of real property relinquishes to the City, in perpetuity, or for a minimum period of twenty (201 years, such right of interest which, through the limitations it provides, will effectively preserve the character of the land or provide for public use in accord with adopted city open space and conservation objectives.
1.
2,
Existing ParZl-h-y parcel as it existed ad PES defked by
boundaries at the date of the adoption or" this General Plan
docureat.
Genera Plan-The adopted General Plan of the City of Carlsbad
incLucii~~g elenents, mencinents, 2nd tldciitions.
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b Grading -- Any alteration of land that increases or decreases the existing elevation more than one foot or that requires the moving of one hundred (100) cubic yards or more of earth, with the more restrictive standard to be used.
c Interoritation of the Eovmbr:, LiT)_es: >ken w-ce~%ainty exists as to the przciss So-md&-y lines 02 t'11z areas Ldentified 011 th'nap, such
boundary lines shzil. be irkerpreted in the foUo:li;llg manner:
I.
2.
3.
4.
5.
Elere bounckries appear to follow the center 1in.e or
street or hLghray line of a street or h@h.>iay, boundaries shall be construed to follox such lines.
Ynere bounchries appear to be appro;Einately parallel to the center line or street or highmy righLof-vay
line 0f.a street or highway, boundaries shLL be
construed to p=zallel such lines.
there bwmdaries appear to follow ownership boundary
lines, boundaries shall be construed to follow such
lines .
Where bmndaries appear to reflect enTrirorxiental and
resourw mamgement considerations, boundaries shall
be construed in a manner which is consistent with the
environmentd. and resource management considerations
that the boundary reflects.
Aqy district boundary line which bisects a parcel shall
include in the district only that portion of the parcel
17hich is enclosed in the District by' the bomdq line.
Land Coverage-A manmade structure, impro-fement or covering
that prevents normal precipitation from directly reacing
the surface of the land underlying the structure, improve- Such structures, iqrovements or cover-
ings include roofs and surfaces paved wf&h asphalt, stone
or the like such as roads, streets, basketball courts and
patios. considered as land coverage if it perinits at least seventy-
five (75) percelrt of normal precipitation to reach the
surf ace underlying it.
Natural-A state existing in nature or produced :in accordance
with what is found or expected ,in nature.
Natural Resource Land -- Land deemed to possess or encompass biological or mineral resources.
' ment or covering.
A structure, improvement or coverillg shall not be
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ups S;pace~zzm and water wl&h is essentially free of structures
aad buildings and/or is nztural. in character.
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Open Space Lmds--In a'ccordance wLth ArtLcle 10.5 of the
California Government Code, opsn space lands are :hereby
defined as lands which are both devoted to open space use (as
defined) and so designated.
Parcel-An area of contiguous land owned by a person,
Pace1 of fiecord--On area of land shown as a separately bomded
mea CIX 2 recor2ed subdivision plat or deed, or a nuqber of
contiguous 2723;s of lad omed. by a person all of which are
sho7,- as sepzately boanded areas on a recorded s:ibdivisicz
plat or deed.
Person-An individual, partnership, corporation, business 'associ~tion, or group of individuals znd my goveimental
entity.
.
Plan -- The Open Space and Conservation Resource Management Plan for the City of Carlsbad composed of the Open Space and Conservation Elements plus required Open Space zoning ordinances.
Preserve.-- To maintain and protect and, in certain instances, allow development and utilization that retains desirable factors.
Scenic Lands -- Land possessing outstanding scenic qualities worthy of preservation.
Sensitive -- subject to undesirable physical changes if one or more elements
of the env-i'ronment are destroyed or a1 tered.
Significant Adverse Environmental Impact --- An irrevocable and discernible modification of the land, water, air, or biological resources (including endangered species of vegetation and wildlife) by any subdivision, use, develop- ment or alteration which is determined to be injurious to the general health, safety or welfare of the public, or 1 which lowers the quality of life.
Sloue-For the purposes of this document, the rise or fdl of the planar surface of the land measured as a percent or ratio
of horizontal distance to vel-tical distance.
-
Su'odivision--The act of divLd5ng an existing parcel of real property into two (or more) parcels or condominiums.
Total Parcel-4rSa-The total area of a parcel not jmluding water bodies or exterior strests, highways or other rigbts-of-
way. Any areas not included i.1 a Resource Planagen!ent District
shdl not be part of the total parcel area of a parcel.
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Use, Develop~~nt or Xlteratiort--Any human activitg invol’vfng the
changing of topography of the land, erection of builhings or
structurss, the creation of land coverage, subdivision of land, the construction of d;-ainage ways or conduits, removal or destruc-
tion of rae or endagered species of vegetation or u3ldlife, the
transmission of storm or waste water a-d any other similar gctikity; or the mirltenance of any activity upon land.
Vegetztion-ikiy living plant organism such as grasses, chaparral,
brush, shrubs, trees.
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