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HomeMy WebLinkAbout1988-08-09; City Council; NS-31; Urgency Ord - Open space temporary land use controlst V u. 0 ma a 98 gs 3 ovla glLzr z0ua g>-=-Q *ha- UO'< +>do ZUOd o~pm wzoa zo y >s a 53 i- - 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rn m ORDINANCE NO. NS-31 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLS TO PROTECT OPEN SPACE PENDING CONSIDERATION BY THE CITY COUNCIL OF RECOMMENDATIONS FROM A CITIZEN'S COMMITTEE AFTER REVIEW OF THE OPEN SPACE ELEMENT OF THE GENERAL PLAN AND THE CITY'S OTHER REGULATIONS FOR OPEN SPACE LANDS. The City Council of the City of Carlsbad does ordai OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY follows: WHEREAS, as part of the City of Carlsbadl s Growth Manage Plan, standards were adopted to restrict the developmenl environmentally sensitive areas in the City and to require preservation of open space; and WHEREAS, a map has been prepared which is titled, II Space Map, City of Carlsbad" which graphically displays the Ci existing and proposed future open space lands required by gr management; and WHEREAS, the City Council of the City of Carlsbad determined to appoint a 15 member citizen's committee to review City's Open Space Element of the General Plan and Open Space and make recommendations to insure consistency with Gr Management and fully protect open space lands in the City; and WHEREAS, the preservation of open space and the protec of unique natural resources and environmentally sensitive lanc essential to protecting the environmental, social and econl values of the City and the health, safety and welfare of residents; and 4 I/ e e -. 1 WHEREAS, it is necessary pending public hearings or 2 3 recommendations to impose interim land use controls to insure WHEREAS, this ordinance is adopted pursuant to Sec 6 as shown on the Open Space Map; and 5 new applications for development from adversely affecting open E 4 the public health, safety and welfare are protected by prohibj 7 65858(a) of the California Government Code, n sm YE gz 2 vua g-L3$ zoz GEsg ;Tz< I-&=? EZE$ 5s [r zo y >5 oc2m k 0 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOW, therefore, the City Council of the City of Carl does ordain as follows: SECTION 1: No applicants shall be accepted, processe approved which would change or delete the City's open E standards adopted pursuant to Chapter 21.90 (Growth Manage Ordinance), Chapter 21.95 (Hillside Development Regulations) Chapter 21.53 (Open Space and Sensitive Lands) of the Carl Municipal Code. In addition, no changes in existing ordinan policies, plans or programs pertaining to open space shall allowed that would result in less restrictive uses of open spa1 SECTION 2: Notwithstanding Section 1, final maps, f parcel maps, building, grading or other ministerial permits ma approved for projects which on the date of the adoption of 1 ordinance have had their specific density approved and have rece. all other final discretionary approvals necessary for the projI SECTION 3: No application for a general plan amendmc zone change, master plan or other entitlement will be accepl 25 26 processed or approved which would decrease the size or diminish titled, ttOpen Space Map, City of Carlsbad" dated August 9, 1: 27 environmental quality of open space as it is shown on the 28 /I 0 0 II 1 2 attached hereto as Exhibit I'A". The boundaries of the areas I and the quality of the open space is improved. 4 of an approval provided the total acreage of open space is incrt 3 on the Open Space Map are not precise and may be adjusted as a 5 SECTION 4: The City Council shall appoint a 15 mc 6 Element of the General Plan and make recommendations to the Cour 8 Open Space Map and related policies and the City's Open 5 7 citizen's committee to review the Cityg s current Open Space 1 9 SECTION 5: On or before September 6, 1988 the City COI 10 ten months and 15 days. The City Clerk is directed to noticc 11 shall hold a public hearing to consider extending this ordinance 12 c3 Qmm 38 !gs 8 gLL=)z ,055 OCZL. ;:z+ EZZ2 C&W - pgsl: >$ $ owa JO - ro 13 14 15 16 17 c - 0 18 hearings as required by Government Code Section 65090. DECLARATION OF URGENCY: This ordinance is hereby decl to be an emergency ordinance adopted as an urgency measur1 protect the public health, safety and welfare and shall take ef immediately upon its adoption. The facts constituting the emerc are set forth above and represent a threat to the public hea ~ 1 safety or welfare of the citizens of Carlsbad. 19 I EFFECTIVE: This ordinance shall be effective immedia 2o I upon passage and shall be of no further force and effect a 21 Journal within 15 days after is adoption. 24 of this ordinance and cause it to be published once in the Carl 23 The City Clerk of the City of Carlsbad shall certify to the adop 22 September 23, 1988 unless extended by Council prior to the d 25 ... 26 ... 27 ... 28 ... i* 1 2 3 4 5 6 7 8 9 10 11 12 a 2- 28 gz 2 gLL=z ZOWK e:zg "13.< %Loa- LL do oK2a u=o< Z0 2 4 9 ow< >o 13 14 15 17 l6 I k o 1811 19 I 20 21 22 23 24 25 26 27 28 m rn INTRODUCED, PASSED AND ADOPTED at a regular meeting o Carlsbad City Council on the 9th day of August and thereafter 1- AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT : None APPROVED AS TO FORM AND LEGALITY ATTEST : ALki%?k €iUTge\Clerk f IAdb ; ~~~ -. m. 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