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HomeMy WebLinkAbout1986-03-12; City Council; 9801; Temporary land use controls & comprehensive development mgmt system9801 LI_y.-Ly_yI ORDINANCE NO. AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY MEASURE EXTENDING ORDINANCE NO. 9791 AND THE TEMPORARY LAND USE CONTROLS IMPOSED BY IT, AND ESTABLISHING TEMPORARY LAND USE CONTROLS PENDING CONSIDERATION BY THE CITY COUNCIL OF ZONE CODE AMENDMENTS, ZONE CHANGES, AND GENERAL PLAN AMENDMENTS, TO PERMANENTLY IMPLEMENT THE COMPREHENSIVE DEVELOPMENT MANAGEMENT SYSTEM IN IN THE CITY OF CARLSBAD. Iyyyy-- - d WHEREAS, since January 1985, the City of Carlsbad has been undertaking a comprehensive review of the Land Use Element of its General Plan, and WHEREAS, on August 6, 1985, the City Council adopted Interim Ordinance No. 9766, imposing certain temporary land use controls on property within the City of Carlsbad consistent with the recommendation of the citizens committee which reviewed the Land Use Element, and WHEREAS, on September 3, 1985,. the City Council adopted an Interim Ordinance No. 9771 which extended the restrictions of Ordinance No. 9766 until July 20, 1986, and WHEREAS, on December 10, 1985, the City Council approved in concept several land use proposals not contained in the committee report which require modification to the City's General Plan and zoning ordinances including: periodic review of all existing master plans, immediate review of the La Costa Master Plan, application of new land use plan density ranges to existing master plan areas, prohibiting certain identified open space from being used to calculate permitted densities, establishment of an urban land reserve and a public facilities phasing programs to be used in conjunction with the development of a public facilities adequacy program previously approved by the City Council; and WHEREAS, during public hearings on residential development projects in recent months, it has become apparent that there are critical shortages in certain public facilities including, but not limited to, circulation systems and parks which must be remedied in order to accommodate any new residential development, and WHEREAS, on January 14, 1986, the City Council heard testimony from its staff and a large number of other people interested in the development of the City, and determined that in order to eliminate the facilities shortages and to protect the community character and quality of life in Carlsbad, it is necessary to establish a development management system and public facilities, improvements and services phasing plans (phasing plans) within the City of Carlsbad as outlined in Agenda Bill No. 8973-1 and in the testimony of the Planning Director, and WHEREAS, on January 21, 1986 the City Council adopted Ordinance No. 9791 ; and WHEREAS, a duly noticed public hearing to consider the extension of Ordinance No, 9791 and the controls imposed thereby was scheduled for the City Council meeting of March 4, 1986; and WHEREAS, because only three of the five members of the City Council were present at the Council meeting of March 4, 1986 the public hearing to consider the extension of Ordinance No. 9791, and the controls imposed thereby, was continued until March 11, 1986 the next available City Council meeting date; and -2- 3 1 2 3 4 5 6 7 e 9 1c 11 12 19 2c 21 2% 23 24 25 26 27 28 WHEREAS, on March 12, 1986 the City Council held a public hearing to consider the extension of the restrictions imposed by Ordinance No. 9791 until July 20, 1986 as contemplated by Ordinance No. 9791; and WHEREAS, after cons ideration of the evidence presented at the public hearing the Council determined that the public health, safety and welfare required that adoption of this ordinance for the reasons stated herein; and WHEREAS, continued development without a development management system and phasing plans may result in significant adverse impacts on public facilities, including but not limited to the circulation system, parks, schools and open space which would impact the health, safety and welfare of the City of Carlsbad and degrade the quality of life and environment of the City; and WHEREAS, the development of such a system and plans without placing restrictions on processing of development applications would severely strain the staff capabilities of the City's Planning Department; and WHEREAS, placing a hold on certain development processing in the City, would allow the planning staff the necessary time to develop the development management system and phasing plan; and WHEREAS, continued processing and approval of development applications during the preparation of a development management system and phasing plans would severely prejudice the ability of the City to establish methods for remedying shortages - 3- 4 .I id ntified b! the plan or from fu,,y imp ementang the recommendations prepared by the Planning Department, and would result in the adverse impacts to the public health, safety and welfare: and WHEREAS, placing a temporary hold on development will allow the City to analyze all of the potential impacts of a development management system and phasing plans including environmental impacts, and impacts on regional welfare and regional housing opportunities in a comprehensive manner and without prejudice to the development of such a program: and WHEREAS, a temporary hold on development will not adversely affect the environment but will allow full consideration of impacts of future development during the preparation of the development management system and phasing plans while continued acceptance, processing or approval of development applications could impact the City's environment; and , WHEREAS, a temporary hold on development will not affect the regional housing opportunities since certain previously approved development will be allowed to proceed; and WHEREAS, this ordinance is consistent with the City's General Plan and will allow full and careful consideration of appropriate general plan amendments; and WHEREAS, the City Council has determined for the reasons stated above, that the public health safety and welfare will be protected only by adoption of this Urgency Ordinance to place a temporary hold on development processing pending the preparation -4- 1 2 3 4 5 6 7 a 9 10 11 12 t le 19 2c 21 22 22 24 25 26 27 28 0 and consideration of a development management system and phasing plans for the City of Carlsbad; and WHEREAS, imposition of the public facilities requirements of the development management system and phasing plans on development occuring after January 21, 1986 is necessary to protect the public health, safety and welfare, to preserve the quality of life in Carlsbad, to assure compliance with the Carlsbad General Plan and zoning ordinances and to protect the environmental quality in the city in the immediate and long range future; and WHEREAS, this ordinance is adopted pursuant to Sections 36937(b) and 65858(a) of the California Government Code; and WHEREAS, it is the intent of the City Council, that the restrictions contained in this ordinance shall expire on July 20, 1986, the same date that the development restrictions of Ordinance No. 9771 expire, NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That the above recitals are true and correct, and Ordinance No. 9791 and the restrictions imposed thereby are extended as provided herein. SECTION 2: Notwithstanding, any provisions of the Carlsbad Municipal Code to the contrary, the submission processing or approval of any application for any entitlement for development, whether discretionary or ministerial, pursuant to Title 11, Chapter 11.06; Title 18, Chapter 18.04; Title 20; or Title 21 of the Carlsbad Municipal Code is prohibited except as follows: -5, k 1 . Applications may be accepted, processed and approved for: (A) minor subdivisions (4 units or less), (B) redevelopment permits, (C) projects by governmental agencies, (D) industrial or commercial projects, (E) variances in the R-1 zone. 2. Building and other ministerial development permits issued under Title 11 or Title 18 of the Carlsbad Municipal Code may be issued for: (A) projects in the Village Redevelopment zone, (B) minor subdivisions, (C) commercial and industrial projects, (D) projects for which a final map had been approved by the City Council on or before January 21, 1986, (E) projects located in the northwest quadrant of the City and identified as infill projects on the map and incorporated herein by this reference, labeled Exhibit "A", dated January 14, 1986 and on file in the Planning Department and (P) projects for which construction has started prior to January 14, 1986 on all or part of the project and which are shown, "as developing" on the map labeled Exhibit "A" . The City Council may by Resolution add projects to those shown on Exhibit "A", upon a finding that they qualify. To qualify for an exception under this paragraph all other discretionary permits must have been approved for the project and be valid at the time the building permit issues. 3. Final maps for commercial or industrial projects and projects identified in Subsection 2(E) and (F) of this section. 4. Projects for which a complete application in substantial conformance with City requirements for a discretionary approval under Title 20 or 21 was on file with the City prior to or on January 14, 1986, may be processed and approved provided, however, that no final map or building permit -6- 7 1 2 3 4 5 6 7 a 9 1c 11 12 -7- s.' PE 1s 2c 21 22 2: 24 2: 2e 25 2E shall be issued for such projects during the period in which this ordinance is effective. The projects which qualify for processing under this section are listed on Exhibit "B" which is attached hereto and made a part hereof. SECTION 3: As a condition of approval of any building permit issued after January 21, 1986 pursuant to Section 2 of this ordinance, the applicant shall agree to pay any increase in the public facilities fee or additional tax on new construction or the development fees established by the City Council prior to July 20, 1986. SECTION 4: Prior to the expiration of this ordinance, a property owner or owners may submit and the City Council may adopt by resolution, a development management system and phasing plan for specific areas of the City. After adoption of such a system and plan, the City Council may allow final maps, building and other ministerial development permits to be issued for projects in the areas covered by that system and plan; provided, however, that the City Council may by resolution impose as a condition of the issuance of building permits for such developments, any conditions or requirements identified in the development management system and phasing plan for the area. Those conditions must be satisfied prior to the time building permits are issued. As a condition of approval of any permits pursuant to this section, the applicant shall agree to abide by any additional requirements established by the development management system and phasing plans ultimately adopted by the City. Nothing 1 2 3 4 5 6 7 I 9 IC 11 12 in this section shall be construed to preclude the City from adopting additional or different requirements for an area as part of the permanent citywide development management system and phasing plans. SECTION 5: The requirements of this ordinance are imposed as zoning restrictions for all property in the City. SECTION 6: The City Manager and Planning Director are directed to process the necessary General Plan and zone code amendments to implement the policies and programs established by the City Council on August 6, 1985, September 3, 1985, December 10, 1985, and January 14, 1986, and January 21, 1986. SECTION 7: Santa Fe Knolls Unit I11 CT 85-5 and Tamarack Point CT 84-14, shall be exempt from this ordinance because of the City and developers previous commitments to an outstanding low and moderate income housing bond issue. 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 and welfare of the citizens of Carlsbad. EFFECTIVE DATE: 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 this ordinance and cause it to be published once in the Carlsbad Journal within 15 days after its adoption. -8- .Y ad'o rned INTRODUCED, PASSED AND ADOPTED at a /reijuYar meeting of the City Council of the City of Carlsbad held on the 12th day of -- , 1986 by the following vote, to wit: - March AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None APPROVED AS TO FORM ANAD LEGALITY City Attorney Y ATTEST: