HomeMy WebLinkAbout1985-08-06; City Council; 9766; Urgency Ord - Land use controls pending ZCAs, ZCs & GPAs1
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ORDINANCE NO. 9766
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLS PENDING CONSIDERATION BY THE CITY COUNCIL OF ZONE CODE AMENDMENTS, ZONE CHANGES AND GENERAL PLAN AMENDMENTS AS RECOMMENDED BY THE CITIZEN'S COMMITTEE FOR THE REVIEW OF THE LAND USE ELEMENT OF THE GENERAL
PLAN.
The City Council of the City of Carlsbad does ordain as
follows:
WHEREAS, the Citizen's Committee studying revisions to
the Land Use Element of the General Plan has prepared a report
for the City Council making a series of recommended changes in
the zone code, zoning ordinances and general plan of the City of
Carlsbad; and
WHEREAS, the City Council has adopted the
recommendations of the Citizen's Committee with certain
additions and changes and indicated their intention to consider
making the changes to the City's land use regulations to
implement those regulations; and
WHEREAS, it is necessary pending public hearings and
adoption of the recommendation to impose interim controls to
insure that the public health, safety and welfare are protected
by requiring new applications for development to comply with the
Committee's recommendations so that the City Council's
considerations in that regard are not prejudiced; and
WHEREAS? this ordinance is adopted pursuant to Section
65858(a) of the California Government Code,
NOW, therefore, the City Council of the City of
Carlsbad does ordain as follows:
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SECTION : No tentative subdivision map, tentative
parcel map, conditional use permit, planned development permit,
site development plan, specific plan, variance, redevelopment
permit, site plan, coastal development permit, zone change,
general plan amendment, final map, parcel map, certificate of
compliance, grading permit, building permit, master plan or
master plan amendment or development perment processed pursuant
to an adopted master plan shall be approved unless the final
decision making body finds that approval of the permit, plan,
change or amendment is consistent with the report of the
Citizen's Committee for the review of the Land Use Element of the
Carlsbad General Plan dated July 1985 on file with the City Clerk
and incorporated herein by reference, as adopted and supplemented
by the City Council as shown on Exhibit A attached hereto and
made a part hereof.
SECTION 2: Notwithstanding Section 1, final maps, final
parcel maps, building, grading or other ministerial permits may
be approved for projects which on the date of the adoption of
this ordinance have had their specific density approved and have
received all other final discretionary approvals necessary for
the project or which have been scheduled for public hearing
before the Planning Commission or City Council and which are
approved subsequent to the date of the adoption of this
ordinance.
SECTION 3: As stated in the committee report as adopted
by the City Council the Land Use Designations contained in the
committee report shall not apply to areas for which a master plan
has been adopted pursuant to the provisions of Title 21 of the
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Carlsbad Municipal Code prior to the effective date of this
ordinance. However, all other aspects of the report as adopted
by the Council shall apply to the master plan areas.
SECTION 4: On or before September 3, 1985 the City
Council shall hold a public hearing to consider extending this
ordinance for ten months and 15 days. The City Clerk is directed
to notice the hearings as required by Government Code Section
65090.
DECLARATION OF URGENCY: This ordinance is hereby
declared to be an emergency ordinance adopted as an urgency
measure to protect the public health, safety and welfare and
shall take effect immediately upon its adoption. The facts
constituting the emergency are set forth above and represent a
threat to the public health, safety or welfare of the citizens of
Carlsbad.
EFFECTIVE: This ordinance shall be effective
immediately upon passage and shall be of no further force and
effect after September 5, 1985 unless extended by Council prior
to that date. The City Clerk of the City of Carlsbad shall
certify to the adoption of this ordinance and cause it to be
published once in the Carlsbad Journal within 15 days after its
adopt ion .
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held on the
6th day Of Ausust , 1985 by the following vote to wit:
AYES: Council Nxbers Casler, Lewis, Kulchin, and Chick
NOES: "-e
ABSENT: Council Wr Pettine
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APPROVED AS TO FORM AND LEGALITY
%dk. ASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City@erk
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ADENDUM LIST OF COUNCIL ACTIONS:
At their meeting of July 17, 1985, Council adopted the
recommendations of the Citizens Committee as presented on the following: Open Space, Agriculture, ParksFEnvironmental Protection, Commercial, Industrial, Redevelopment, Land Use Classifications, Special Treatment Area, Architectural Review, Impacts of Growth, Density (including density ranges), Population (150,000 at build-out to assist in planning for
public facilities), Tinning of Public Facilities and Existing Master Plans.
In addition, the following actions were taken:
OPEN SPACE
1. Council adopted the Planning Commission recommendations
to direct staff to prepare an inventory of existing and future open space utilizing the definition proposed by
the Citizens Committee. These areas are then to be mapped.
2. Council adopted a policy that new projects which come
in before the inventory is completed must use the
Citizen Committee guidelines.
AGRICULTURE
1. Council adopted the Planning Commission recommendations to add the words "where feasible" to 2-C on Paue 25.
It would read - "The City should permit agricultural land uses throughout the City where feasible".
P.ARK I NG
1 . Council adopted the Planning Commission recommendation for a corprehensive review of parking standards
throuuhout the City except in the R-1 zone.
DENSITY -
1. Staff is directed to prepare a hillside ordinance.
ADDITIONALLY COUNCIL
1 Adopted the "rest of the report".
2. Instructed staff to set to a public hearing the amendments to the Land Use Element and zone changes.
3. Directed the City Attorney to come back with documents.
4. Amended Resolution 7872 until the interim ordinance is
prepared.
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At their meeting of July 23, 1985, Council action on Agenda Bill
8253, Supplement No. 1 included:
GROWTH MANAGEPENT
1. Council adopted the Public Services and Facilities
Adeauacy Program detailed on Page 3 of the July 12 memorandum to Councilmember Lewis.
From Agenda Bill 8253
COLLATERAL REPORT
1. Council adopted the Collateral Report recommendations as
submitted,
COMMERCIAL
1. Council adopted the Planning Commission recommendations
that ~ighway Route 78 be added to the Citizens Committee
recommendations to "orient travel service commercial areas along the 1-5 corridor in the downtown core".
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SPECIAL TREATMENT AREA
1. Council adopted the Planning Commission recommendation that the Special Treatment Area for the beach area also include the portion of the Redevelopment Area located south of Elm and west of the railroad tracks,
TIME CONSTRAINTS AND IMPACTS OF GROWTH
1 , Council concurred with the Planning Commission
recommendation to appoint a smaller Citizens Committee to study and assess the impacts of qrowth and make a
yearly report. They voted to establish a seven member comrittee, with one person each appointed by the individual Councilmembers. The other two would be members of the Planning Commission with the
Commissioners to determine who among them would serve. -
TIMING OF GROWTH AND PUBLIC FACILITIES
1 , Thecity Manager was instructed to return with more
details on hiring a project manaqer to coordinate the timing and construction of public facilities.
DENSITY
1. Council approved the Planning Commission recommendation
to include the word ''only'' at the beginning of the policy on clustering so that it reads: "Only encourage
clustering when it is done in a way that is compatible
with existing, adjacent development".
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IVDUSTRIAL
1 . Council approved the Planning Commission recommendation that the city consider possible expansion of industrial
usage into other areas of the city where there are large enough sites.
Additionally - Council agreed unanimously with the Planning
Commission reconmendation for an economic impact study which would analyze the fiscal impact of the Land Use Element as revised and a recommendation for a comprehensive review of parking standards throughout the city except in the R-1 zones.
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