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Home My WebLink About1990-08-21; City Council; NS-127; Urgency Ord - Open space temporary land use controls...1 0. .. ORDINANCE NO. NS-227 2 3 4 5 6 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. 7 The City Council of the City of Carlsbad does ordain E 8 WHEREAS, the City Council of the City of Carlsba 9 follows: 10 13 consistency with the Open Space Element of the General Plan an 12 Open Space Plans and Programs and make recommendations to ensu 11 appointed a 15 member citizen's committee to review the City' regarding the protection and use of open space lands; and 21 policies and programs proposed by the Citizens Committec 20 revised Open Space Element of the General Plan which included ne1 19 WHEREAS, one of the recommendations was to consider 18 consideration and implementation: and 17 recommendations contained in the Report to staff fo 16 accepted the Report from the Citizens Committee and referred th 15 WHEREAS, on September 12, 1989, the City Counci 14 to fully protect open space lands in the City; and 22 WHEREAS, a map was prepared by the Citizens Committe 23 space lands and a system to provide linkage between these lands 26 graphically displays the City's existing and proposed future ope] 25 which is titled llComprehensive Open Space Network Map'' whicl 24 and recommended to be included in the revised Open Space Elemeni 27 28 and /I 0. .. 1 WHEREAS, one of the recommendations was to considf 2 establishment of an Open Space Commission; and 3 WHEREAS, on June 26, 1990, the City Council appointc 4 5 a nine member Open Space Advisory Committee to advise the Cit Citizens Committee for Open Space; and 8 staff on the implementation of the recommendations of tl 7 committees as deemed necessary on open space issues, and the Cil 6 Council, the Planning Commission, other commissions, boards ar 9 WHEREAS, on December 19, 1989, the City Councj 10 13 ensure that public health, safety, and welfare are protected k 12 necessity, pending public hearings, to impose interim controls t 11 approved interim Ordinance No. NS-101 and determined tk No. NS-101 until July 1, 1990; and 18 Interim Ordinance No. NS-109, which extended Interim Ordinanc 17 WHEREAS, on January 23, 1990, the City Council adopte 16 Space Network Map, City of Carlsbad dated August 9, 1989; and 15 land as identified on Exhibit IIAII entitled "Comprehensive Ope 14 requiring new applications for development to preserve open spac 19 20 WHEREAS, Interim Ordinance No. NS-109 has lapsed: an1 WHEREAS, consideration of the work plan to review th 21 consideration of an updated Open Space Element of the Genera 22 recommendations of the Citizens Committee to Study Open Space an 27 26 25 ... 24 Plan has not been completed: and 23 28 2 1 0. .. WHEREAS, the preservation of open space and t 2 3 protection of unique natural resources and environmental welfare of the residents; and 5 social and economic values of the City and the health, safety a 4 sensitive land is essential to protecting the environmenta 6 7 8 9 10 11 12 13 WHEREAS, it is necessary pending implementation of t work plan and holding public hearings on the recommendations the Citizens Committee to impose interim land use controls ensure that the public health, safety and welfare are protect by prohibiting new applications for development which may be conflict with a contemplated general plan amendment and fr adversely affecting open space as shown on the Comprehensive Op Space Network Map; and 14 21 diminish the environmental quality of open space as it is sho7 20 accepted, processed or approved which would decrease the size 1 19 SECTION I: No development applications shall : 18 Carlsbad does ordain as follows: 17 NOW, therefore, the City Council of the City 1 16 65858(a) of the California Code, 15 WHEREAS, this ordinance is adopted pursuant to Sectis on the map titled, "Comprehensive Open Space Network Map, City 1 22 Carlsbad" dated August 9, 1989 attached hereto as Exhibit "A 23 The boundaries of the areas shown on the map are not precise a 24 may be adjusted if the following findings can be made: 25 A. The Open Space area is of equal or greater are 26 and 27 28 3 1 0. .. B. The Open Space area is of equal or great6 2 environmental quality; and 3 C. The adjusted Open Space is contiguous or with: 4 close proximity to the Open Space shown on the map. 5 D. The City Council may also modify the bounda: 6 which is impacted by development provided the boundal 9 sensitive area or to mitigate a sensitive environmental arc 8 necessary to provide an enhancement to an environmental] 7 location shown on the map if it finds that the modification j 10 modification preserves Open Space at a 2 to 1 ratio and is with: 11 close proximity to the original area of Open Space. 12 SECTION 2: No development applications shall 1 13 show how the project does not preclude linkage. 18 development project located in an area of potential linkage mu: 17 map are not precise and represent conceptual alignments. Ar 16 Space Network Map". The boundaries of the linkage shown on tk 15 the larger open space areas shown on the tlComprehensive Opc 14 accepted, processed or approved which would preclude linkage c 19 I SECTION 3 : No changes in existing ordinance: 20 SECTION 4: Immediately upon completion of Phase I c 23 of open space. 22 allowed which would result in less restrictive uses or protectic 21 policies, plans or programs pertaining to open space shall 1 27 proposed, revised Open Space Element of the General Plan. : 26 Committe Report, a public hearing shall be scheduled on tl 25 the work plan to consider the recommendations of the Citizer 24 28 4 I 0. .. 1 2 necessary in order to ensure consistency, amendments to any otht time. 3 elements of the General Plan shall also be considered at thi 4 SECTION 5: Notwithstanding Sections 1 and 2, fin; 5 discretionary approvals necessary for the project. 8 adoption of this ordinance have received all other fin; 7 permits may be approved for projects which on the date of tl 6 maps, final parcel maps, building, grading or other ministeri; 9 SECTION 6: On or before 45 days following adoption c 10 13 days. The City Clerk is directed to notice the hearings i 12 consider extending this ordinance for ten months and fiftec 11 this ordinance, the City Council shall hold a public hearing : Carlsbad. 20 threat to the public health, safety or welfare of the citizens 19 constituting the emergency are set forth above and represent 18 shall take effect immediately upon its adoption. The fac. 17 measure to protect the public health, safety and welfare ai 16 declared to be an emergency ordinance adopted as an urgenc 15 DECLARATION OF URGENCY: This ordinance is here1 14 required by Government Code Section 65090. 21 EFFECTIVE: This ordinance shall be effecti. 22 its adoption. 25 be published once in the Carlsbad Journal within 15 days aft 24 shall certify to the adoption of this ordinance and cause it 23 immediately upon passage. The City Clerk of the City of Carlsb 26 27 ... 28 5 i1 e* - * 1 INTRODUCED, PASSED ADOPTED at a regular meeting of t day of August AYES: Council Members Lewis, Kulchin, Larson, Mamaux and PC NOES : None ABSENT : NOne ED AS TO FORM AND LEGALITY 15 16 17 18 19 I 20 21 22 23 24 25 26 ' 27 11 28 6 *. fxh ;hi? ‘r#l f \ ~\ i I , 1’1