North County Advocates is fighting a recent court decision that allows Carlsbad to continue ignoring a citizens’ initiative, 1986 Proposition E, that requires adequate public facilities and adopted a growth management plan (GMP). The 1986 GMP mandated sufficient park acreage in each quadrant of the city, 15% open space for developments (40% overall), traffic mitigation, and other standards for citizens’ well being. If allowed to stand the court’s decision would create a dangerous precedent, not only in Carlsbad, but throughout California.
Carlsbad for decades has ignored traffic standards by using faulty traffic studies and by exempting developers in various cases. Investigations of public records show that Carlsbad has told voters they are governing with one set of standards but doing nothing of the sort. See Steve Linke’s investigation at side bar.
In response to the lawsuit, the city argued it is permitted to change the GMP standards whenever it sees fit. Although the city has the right to amend its Growth Management Plan (GMP), NCA does not believe the city has the right to change its GMP in such a way as to avoid compliance with the performance standards in the GMP, which the voters passed in a citizens’ initiative. NCA believes that California appellate courts have repeatedly upheld the rights of citizens initiatives over city ordinances.
Accordingly, in December, 2023 NCA filed to appeal the the court’s ruling for the City. The judge himself acknowledged that the City of Carlsbad was doing things directly counter to the citizens Prop E. See Judge’s comments at sidebar.
Now is the time to step up and help North County Advocates with a donation towards the appeal fight. Pass along this message to others. We are fighting for all of California.
For more information see on the legal case background, the NCA press release about the court decision, traffic studies in public records that show Carlsbad noncompliance, and other pertinent documents click to download pdf files below: