HomeMy WebLinkAbout1985-09-03; City Council; 9771; Urgency Ord - Land use controls pending ZCAs, ZCs & GPAs1
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ORDINANCE NO. 9771
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, the City Council at their meeting of August 6,
1985 by the adoption of Interim Ordinance No. 9766 determined it
was necessary pending public hearings and adoption of the
recommendations 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, the City Council at their meeting of September
3, 1985 held a public hearing to consider whether or not to
extend the interim controls and after hearing all persons
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desiring to speak determined that the public health, safety and
welfare require that the interim controls be extended and not to
exceed a period of ten months and fifteen days.
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:
SECTION 1: 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 permit 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
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before the Planning Commission or City Council as shown on the
list marked Exhibit B attached hereto and made a part hereof and
which are approved subsequent to the date of the adoption of this
ordinance. In making their decisions on projects listed on
Exhibit B, Council may apply the Committee's recommendations on
a project by project basis as the Council considers appropriate.
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
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.
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 July 20, 1986 unless extended by Council prior
to that date. The City Clerk of the City of Carlsbad shall
certify to the adoption of nce and cause it to be
published once in the Carlsbad Journal within 15 days after its
adoption.
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INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held on the
3rd day of September
AYES:
, 1985 by the following vote to wit:
Council Makers Casler, Lewis, Kulchin, and Chick
APPROVED AS TO FORM AND LEGALITY
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ADENDUM LIST OF COUECIL ACTIONS:
At their meeting of July 17, 1985, Council adopted the
recommendations of the Citizens Corm?ittee as presented on the
following: Open Space, Agriculture, ParksTEnvironmental Protection, Commercial, Industrial, Redevelopment, Land rjse 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), Tiving 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 Conmittee 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".
PARKING
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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APPROVED AS TO FORM AND LEGALITY
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VINCFNT F. BIONDO, JR. City Attorney ,
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MARY H. CASLER, Mayor '\",
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\ ALETHA L. RAUTENKRANZ, C,ity Clerk
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At their meeting of July 23, 1985, Council action on Agenda Bill
5253, Supplement No. 1 included:
GROWTH MANAGEV.ENT
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 Highway 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 Elp 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 comxrittee, 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 hirinq a project manager to coordinate the timing and construction of public facilities.
DENSITY
1 . Council approved the Planning Comrcission recommendation to include the word "only1' at the beginning of the policy on clustering so that it reads: "Only encourage clustering when it is done in a way that is conpatible
with existing, adjacent development".
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IVDUSTRIAL
1. Council approved the Planninq Commission reconmendation
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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I. SCHEDULED FOR CITY COUNCIL OM AUGUST 20, 1985
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CT 85-6/PUD-80 - Daon Southwest - 789 units north of
intersection of Rancho Santa Fe Road and Olivenhain
Road
CT 85-9/LCDP 85-1 - Vista Santa Fe - Area B - 102
units on southwest corner of Calle Barcelona and Calle Acervo
CT 85-ll/PUD-86 - Vista Santa Fe - Area C - 154 units on north side of Calle Barcelona east of Rancho Santa
Fe Road
CT 85-15/LCDP 85-2 - Park View West - 131 units east of Rancho Santa Fe Road south of La Costa Avenue
CT 85-7/CP-312 - La Costa Alta - 136 units on
southeast corner of Alga Road and El Fuerte
11. SCHEDULED FOR PLANNING COMMISSION ON AUGUST 14, 1985
1. SP-l95/CT 84-32/PUD-73 - Carlsbad Land Investors - 225
units south of Palomar Airport Road east of College
2. CT P5-18/PUD-88 - Pannonia - 141 units south of Tamarack Avenue, west of Neblina Drive
111. SCHEDULED FOR PLANNING COMMISSION ON AUGUST 28, 1985
1. CT 84-33/PUD-74 - Vista de la Valle - 75 units east of Hosp Way and north of Elm
2. CT 85-13/PUD-83 - Ruden - 8 units on Canyon Street
IV. TENTATIVELY SCHEDULED FOR PLANNING COMMISSION ON SEPTEMBER 11, 1985
1. GPA/LU/EIR 84-3/ZC-319/MP-175 - Sammis - Master Plan for Batiquitos Lagoon Education Park north of Batiquitos Lagoon, west of 1-5 freeway (includes 781 units)
2. CT 84-41/PUD-77 - Alga Hills - 538 units on the
southeast corner of Alga Road and Alicante Road
3. CT 85-19/PUD-87 - The Meadowlands - 112 units on east side of Melrose southeast of Alga Road
V. TENTATIVELY SCHEDULED FOR PLANNING COMMISSION ON SEPTEMBER 25, 1985
1. CT 84-43/CP-302 - Casa Loma Condos - 18 units on
Luciernaga Street
2. CT 85-10/PUD-81 - Rice - 189 units east of Rancho Santa r Fe Road south of Olivenhain Road