North County Advocates v. City of Carlsbad CA4/1

INTRODUCTION

Voters in the City of Carlsbad (City) passed Proposition E in 1986 to limit the number of new dwelling units in the City, specifying the rate at which that limit would be reached was governed by developers’ ability to provide public facilities such as schools, parks, open space, streets, and sewers in the areas of any proposed new construction. The initiative provided: “The City Council or the Planning Commission shall not find that all necessary public facilities will be available concurrent with need as required by the Public Facilities Element and the City’s 1986 growth management plan unless the provision of such facilities is guaranteed.” (Italics added.) The 1986 growth management plan (GMP) referenced in Proposition E is a collection of planning documents and included, at minimum, an ordinance and two resolutions approved by Carlsbad’s City Council earlier in 1986, before Proposition E was presented to the voters. Ordinance No. 9808 added a new chapter, entitled “Growth Management” to the City’s Municipal Code. It required the City Council to adopt various plans and “performance standards” for ensuring the City has adequate infrastructure and facilities.…