files lawsuit alleging too few parks in Carlsbad
By Phil Diehl, Aug. 15, 2019
nonprofit North County Advocates filed a lawsuit Wednesday
in Superior Court alleging Carlsbad has failed to comply with
its Growth Management Plan that requires 40 percent of the
city be set aside as parks and open space.
has 40 parks and more than 50 miles of trails, according to
the citys website. However, not all those facilities
can be counted as open space, and the city falls short by
about 2 percent of the required total, according to the lawsuit.
That small percentage equals more than 525 acres of missing
believe it is critical to address this shortfall now, before
all of the land is developed, North County Advocates
President Howard Krausz said in a news release.
established the 40 percent requirement in 1986 with the passage
of Proposition E and approval of the citys Growth Management
City is currently not in compliance with a number of the GMP
performance standards including those for open space, parks,
and traffic circulation, the groups attorney Everett
DeLano said in the news release. Proposition E was passed
by the voters to ensure that all areas of the city would have
access to open space and parks, and that sensitive lands would
Bressi Ranch, Quarry Creek and Robertson Ranch residential
developments all were approved by the city with insufficient
land set aside as open space, the lawsuit alleges.
city doesnt comment on litigation, Carlsbad City
Manager Scott Chadwick said Wednesday by email. We havent
been served with this lawsuit yet, but stand ready to address
its claims through the legal process.
nonprofit asked the court to issue a restraining order or
an injunction to prevent the city from approving any further
development until it complies with Prop. E and the Growth
M also set standards for the citys traffic circulation,
schools, parks libraries and recreational amenities.
formed North County Advocates more than 10 years ago to successfully
fight a big box store proposed for La Costa. Since
then, the group has taken on a number of environmental and
development issues in Carlsbad and Encinitas.
group filed a lawsuit in 2015 challenging Carlsbads
approval of Poinsettia 61, a 123-home development on Poinsettia
Lane. The settlement of that lawsuit required the city to
create a new neighborhood park on the site of the former Buena
Vista Reservoir in Olde Carlsbad.
one time, as many as 14 homes were planned for the reservoir