HomeMy WebLinkAbout1997-09-02; City Council; NS-418; Urgency Ord - Legoland/Carlsbad Ranch SP area comm. projects...i 0
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ORDINANCE NO. NS-418
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN
URGENCY MEASURE THAT REQUIRES THE CITY
COUNCIL’S REVIEW AND APPROVAL OF ALL PENDING
AND FUTURE COMMERCIAL PROJECTS IN THE VICINITY
OF THE LEGOLANDKARLSBAD RANCH SPECIFIC PLAN
AREA.
WHEREAS, the City Council passed a motion on June 24, 1997 directini
study the establishment of an appropriate mechanism or process to make the Council a
part of the approval process for commercial projects near the Carlsbad Ranch Specific P’
and
WHEREAS, staff is currently working on the Council directed study to dc
how to most appropriately and effectively require City Council approval in the standarc
processing of commercial sites around the Carlsbad Ranch Specific Plan area; and
WHEREAS, staff will also present options for the delineation of the gec
area to be subject to Council review and approval of commercial projects as part of th
and
WHEREAS, currently commercial projects in the vicinity of Carlsbad Ra:
receive final approval from the Planning Commission and would only go on to the City
in the event of an appeal; and
WHEREAS, the City Council desires to strengthen and reinforce their ra
commercial development adjacent to the Carlsbad Ranch area and has determined th;
review and approve such commercial projects represents a current and immediate threat I
health, safety and welfare since several commercial projects are currently pending ar
City’s processing system; and
WHEREAS, this ordinance is adopted pursuant to Government Code
65858(a) allowing the adoption of such urgency ordinances by a four-fifths vote of its le
body to address a land use issue that the City is currently studying; and
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0 a
WHEREAS, it is the intent of the City Council to extend this interim or
for ten months and fifteen days or until the final implementation of the Council directe
(future zone code amendment) following a notice and public hearing prior to the expiratic
days from the adoption of this ordinance.
NOW, therefore, the City Council of the City of Carlsbad, California, doe
as follows:
SECTION I: That the above recitals are true and correct.
SECTION 11: The area covered by this urgency ordinance and su'
immediate Council involvement is bordered by Carlsbad Boulevard to the west, Cannon
the north, the eastern edge of the Carlsbad Ranch property south to Palomar Airport, ea
intersection of Palomar Airport Road and Aviara Parkway, and south to Poinsettia Lan
forms the southern boundary as shown on the map attached hereto.
SECTION 111: For the area described above, pending and hture con
projects subject to Planning Commission review and use changes subject to Planning
review shall be required to undergo City Council review and approval regardless of
zoning ordinance regulations regarding the review and approval of land use entitlements.
SECTION IV: On or before 45 days following the adoption of this or
the City Council shall hold a public hearing to consider extending this ordinance for ten
and fifteen days plus any additional one year extension or until the zone code amen(
considered and acted upon, whichever is the lesser time period. The City Clerk is dil
notice the hearings as required by Government Code Section 65090.
DECLARATION OF URGENCY: This ordinance is hereby declared
emergency ordinance adopted as an urgency measure to protect the public health, sa
welfare and shall take effect immediately upon its adoption. The facts constitu
emergency are set forth above and represent a current and immediate threat to the publi
safety and welfare.
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EFFECTIVE DATE: This ordinance shall be effective immediately upon
and shall be of no further force and effect after 45 days of the date of its adoptior
extended by the City Council pursuant to Section 4.
At least ten days prior to the expiration of this interim ordinance, or any e:
thereof, the City Council shall issue a written report describing the measures it has i
alleviate the conditions which led to the adoption of this ordinance. The City Clerk of thc
Carlsbad shall certify to the adoption of this ordinance and cause it to be published onc
Carlsbad Journal within 15 days after its adoption.
SEVERABILITY CLAUSE: If any section, subsection, sentence, clause
or part of this division is for any reason held to be invalid or unconstitutional by t
decision of any court of competent jurisdiction, such decision shall not affect the validii
remaining parts of this chapter. The City Council hereby declares that it would have ado]
division and each section, subsection, sentence, clause, phrase or part thereof irrespectil
fact that any one or more sections, subsections, clauses, phrases, or parts be declared ir
unconstitutional.
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1 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the C
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ABSENT: None 5
NOES: None 4
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, a] 3
City Council on the 2"d day of September, 1997 and thereafter
APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
ATTEST:
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AREA SUBJECT TO
URGENCY ORDINANCE