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HomeMy WebLinkAbout1989-12-19; City Council; NS-101; Urgency Ord - Open space temporary land use controls...li 0 0 1 2 3 4 ORDINANCE NO. NS-101 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLS TO PROTECT OPEN SPACE PENDING CONSIDERATION OF THE WORK PLAN TO REVIEW THE RECOMMENDATIONS OF THE CITIZEN'S COMMITTEE TO STUDY OPEN SPACE AND CONSIDERATION OF AN UPDATED OPEN SPACE ELEMENT OF THE GENERAL PLAN. 5 6 The City Council of the City of Carlsbad does ordain follows: 7 11 WHEREAS, the City Council of the City of Carlsbad appoil 8 9 10 a 15 member citizen I s committee to review the City's Open SI Plans and Programs and make recommendations to ensure consist6 with the Open Space Element of the General Plan and to fc I' ((protect open space lands in the City; and 12 13 14 WHEREAS, on September 12, 1989, the City Council accepted Report from the Citizens Committee and referred the recommendatj contained in the Report to staff for consideration l5 /I implementation; and l6 /I WHEREAS, one of the recommendations was to consider a revj '" IIOpen Space Element of the General Plan which included new polic l8/1 and programs proposed by the Citizens Committee regarding I' ' protection and use of open space lands; and 20 21 22 23 24 25 WHEREAS, a map was prepared by the Citizens Committee recommended to be included in the revised Open Space Element wh is titled "Comprehensive Open Space Network Map'' which graphics displays the City's existing and proposed future open space la and a system to provide linkage between these lands; and WHEREAS, the preservation of open space and the protect 26 27 of unique natural resources and environmentally sensitive land 28 li I) 0 0 'essential to protecting the environmental, social and econ values of the City and the health, safety and welfare of residents; and 1 2 3 4 5 6 7 8 9 LO WHEREAS, it is necessary pending implementation of the I plan and holding public hearings on the recommendations of Citizens Committee to impose interim land use controls to en: that the public health, safety and welfare are protected by prohibiting new applications for development which may be conflict with a contemplated general plan amendment and 1 adversely affecting open space as shown on the Comprehensive ( Space Network Map: and XI. I! WHEREAS, this ordinance is adopted pursuant to Secl 121!65858 (a) of the California Code, I.3 /I NOW, therefore, the City Council of the City of Carlsbad c 14 15 16 17 18 ordain as follows: SECTION 1: No development applications shall be accept processed or approved which would decrease the size or diminish environmental quality of open space as it is shown on the titled, "Comprehensive Open Space Network Map, City of Carlsl dated August 9, 1989 attached hereto as Exhibit ItA1l. boundaries of the areas shown on the map are not precise and be adjusted if the following findings can be made: 19 j 20 21 22 23 24 25 26 A. The Open Space area is of equal or greater area: ar B. The Open Space area is of equal or greater environmer quality; and C. The boundary modification is made in order to prov an enhancement to an environmentally sensitive area; 27 I/ -2- 28 1 2 3 4 5 e 0 D. The adjusted Open Space is contiguous or within c: proximity to the Open Space shown on the map. E. The City Council may also modify the boundary loca. shown on the map but only if it finds that modification is necessary to mitigate a sensi, environmental area which is impacted by develop: provided the boundary modification preserves Open S: at a 2 to 1 ratio and is within close proximity to original area of Open Space. 6 Map". The boundaries of the linkage shown on the map are g open space areas shown on the "Comprehensive Open Space Net1 8 processed or approved which would preclude linkage of the la1 7 SECTION 2: No development applications shall be accepl 10 precise and represent conceptual alignments. Any develop] 11 project located in an area of potential linkage must show how 12 project does not preclude linkage. 13 SECTION 3 : No changes in existing ordinances, polic. 14 16 would result in less restrictive uses or protection of open spa( 15 plans or programs pertaining to open space shall be allowed wk 18 recommendations of the Citizens Committee to Study Open SI 17 SECTION 4: Phase I of the "Work Plan" to consider attached hereto as Exhibit IrBr* shall be completed by June, 15 19 Immediately thereafter a public hearing shall be scheduled on 20 proposed, revised Open Space Element of the General Plan. 21 necessary in order to ensure consistency, amendments to any 01 22 elements of the General Plan shall also be considered at that ti 23 SECTION 5: Notwithstanding Sections 1 and 2, final mz 24 final parcel maps, building, grading or other ministerial pern 25 may be approved for projects which on the date of the adoptior 26 this ordinance have received all other final discretior 27 -3- 28 // m 0 approvals necessary for the project. 1 2 3 4 5 6 7 SECTION 6: On or before 45 days following adoption of ordinance, the City Council shall hold a public hearing to cons. extending this ordinance for ten months and 15 days. The ( Clerk is directed to notice the hearings as required by Govern: Code Section 65090. DECLARATION OF URGENCY: This ordinance is hereby decl, to be an emergency ordinance adopted as an urgency measure protect the public health, safety and welfare and shall take ef: immediately upon its adoption. The facts constituting emergency are set forth above and represent a current and immed: threat to the public health, safety or welfare and that apprc of additional development which is required in order to comply b a 9 10 11 12 l3 /(existing ordinance would result in a threat to the public heal 14 15 16 safety and welfare of the citizens of Carlsbad. EFFECTIVE: This ordinance shall be effective immediat upon passage and shall be of no further force and effect after I? lidays from the date of its adoption unless extended by the C 18 19 20 21 22 23 24 Council pursuant to Section 6. Thereafter it shall remain effect until Phase I of the ttWork Plan" for considering recommendations of the citizens Committee to Study Open Space completed unless earlier repealed by the City Council. The C Clerk of the City of Carlsbad shall certify to the adoption of t ordinance and cause it to be published once in the Carlsbad Jour within 15 days after it's adoption. 25 I 26 27 -4- 28 1 2 3 4 5 6 7 8 0 0 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Carl s Council on the 19th day of December, 1989. AYES: Council Members Lewis, Pettine and Larson NOES: None ABSENT: Council Members Kulchin and Mamaux APPROVED AS TO FORM AND LEGALITY 10 gk VINCENT F. BIONDO, JR., City Attorney 11 12. z/. 89, 12 13 14 15 16 ATTEST: 17 18 k l9 /I 20 21 22 23 24 25 26 27 28 - .5- I1 0 0 WORK PLAN Recommendations of Citizens Committee to Study Open Space PHASE I (6 Months - Dec. to May 1990) TASK 1 TRAlLSTUDY Item 1.A - Prepare In-Depth Trail System Feasibility Study Identify the environmental and planning potential for an interconnecting, cilymde trail system. Do in-field inspection to determine physical feasibility. Prepare design plan and classification system. Item 1.B - Interjurisdictional Participation Explore potential inter-city linkage with other North County cities. Item LC - Determine Acquisition and Development Costs Provide recommendation regarding the financing mechanism most appropriate for funding system. Item 1.D - Present Study and a Recommendation to City Council Item LE - Development Project Review Process Amend application requirements to require all zone plans and development projects to address trails if they are located in potential linkage areas. ASSIGNED TO: OPEN SPACE SUBCOMMITTEEy PARKS & RECREATION SUBCOMMITTEE, STAFF, CONSULTANT. EXHIBIT 'W 0 e TASK 2 GROWTH MANAGEMENT STANDARDS Item 2.A - 15% Open Space Performance Standard Consider modifications to citywide facilities plan regarding types of open space which qualify toward meeting the 15% open space standards of Growth Management Plan (powerline easements, golf courses, agricultural land, schools, schools, public vs. private use). Item 2.B - Water Availability Standard Consider a new Growth Management performance standard for adequacy of water availability. Item 2.C - Solid Waste Standard Consider a new Growth Management performance standard for adequacy of solid waste disposal. ASSIGNED To- CLTIZENS 00- TO STUDY GROWTH, STAFF. TASK 3 OPEN SPACEYRECREATION USE STANDARDS Item 3.A - New Standards Consider the establishment of standards (i.e, acres/population) for all types of open space/park and recreation uses using inventory prepared by citizens committee. Item 3.B - Active/F’assive Uses Review existing City policies regarding the degree of improvements in open space areas and the issue of active vs. passive use and recommend policy changes if necessary. ASSIGNED TO: OPEN SPACE SUBCOMMITTEE, PARKS AND RECREATION SUBCOMMITTEE, STAFF. 0 0 TASK 4 OPEN SPACE COMMISSION Item 4A - Address role, function and organizational structure of Commission. Item 4.B - Prepare recommendation or alternatives on Open Space Commission. ASSIGNED TO: OPEN SPACE SUBCO"I?TEE, PARKS AND RECREATION SUBCOMMITTEE, PLANNING COMMISSION SUBCOMMTEE, STAFF. PHASE 11 (6 Months - June to Dec. 1990) TASK 5 AMENDMENTS TO OPEN SPACE ORDINANCES Item 5.A - Amend Existing Open Space Ordinance (Ord. 9795) Develop more specific definitions/requirements for areas prohibited from development. Consider application to non-residential land uses, requirements for buffer areas, placement of open space easements and monitoring requirements. Item 5.B - Amend Grading Ordinance Require special permit for clearing or grubbing of natural, vacant land. Item 5.C - Open Space Rezonings Consider rezoning all large, mapped open space areas to the Open Space Zone. ASSIGNED TO: PLANNING COMMISSION, STAFF. TASK 6 FINANCING/ACQUISITION Item 6.A - Determination of Required Funding Review City's entire Open Space Plan and programs (acquisition, protection, improvements, maintenance, administration) to determine the extent of required public funding. a e Item 6.B - Methods of Funding Based on extent of public funding, review all available options (General Obligation Bonds, Mello ROOS, Assessment District) and determine best financing mechanism. Item 6.C - Acquisition/Financing Plan Propose a well-balanced, acquisition/financing plan which provides opportunities for all geographic portions of the City and which distributes the burden for funding in direct proportion to the benefits derived. Item 6.D - Mechanisms for Private Donations Consider establishment of a trust to facilitate private donations. Create a program to recognize private donations. ASSIGNED TO: OPEN SPACE SUBCOMMITTEE, STAFF, CONSULTANT. TASK 7 OPEN SPACE MANAGEMENT PLAN Item 7.A - Prepare an Open Space and Conservation Resource Management Plan Develop a cohesive policy and plan setting forth open space goals and guiding the systematic acquisition, protection, maintenance and financing of open space and providing an organizational structure to implement the plan. The plan shall include at a minimum the following: 1. The subjects listed in Part IV of the Open Space and Conservation Elements - Framework for an Open Space and Conservation Resource Management Plan. 2. Priorities for open space acquisition particularly those which are highly visible to the public. 3. Identify those areas of existing open space which should be considered for enhancement including cultural/educational enhancements. 4. Identify scenic routes to public open space. 5. Methods for acquiring public access to open space areas. . 0 * Item 7.B - Incorporate into Open Space and Conservation Elements ASSIGNED TO: OPEN SPACE SUBCOMMITTEE, STAFF, CONSULTANT AND PLANNING COMMISSION.