HomeMy WebLinkAbout1988-08-09; City Council; NS-31; Urgency Ord - Open space temporary land use controlst
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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
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1 WHEREAS, it is necessary pending public hearings or
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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,
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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
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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
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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
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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
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ten months and 15 days. The City Clerk is directed to noticc 11
shall hold a public hearing to consider extending this ordinance
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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
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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
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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
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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
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