Loading...
HomeMy WebLinkAbout1998-08-04; City Council; NS-454; Urgency Ord - Legoland/Carlsbad Ranch SP area comm. projects...2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. ~3-454 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. NS-424 TO REQUIRE COUNCIL’S FINAL REVIEW AND APPROVAL OF COMMERCIAL PROJECTS AROUND THE LEGOLANDKARLSBAD RANCH SPECIFIC PLAN AREA WHEREAS, at its regular meeting of October 15, 1997, the City Council adopted Urgency Ordinance No. NS-424 which extended Urgency Ordinance No. NS-418 for ten months and fifteen days until August 30, 1998 and requires Council approval for projects located near Carlsbad Ranch; and WHEREAS, Government Code Section 65858(a) allows the City Council to extend Ordinance NS-424 for a one year period until August 30, 1999 if a publicly noticed hearing is held at least IO days prior to the expiration of NS-424 in combination with a written summary of the actions taken to alleviate the conditions leading up to the initial urgency ordinance adoption; and WHEREAS, this ordinance is adopted pursuant to Government Code Section 65858(a) allowing the extension of such urgency ordinance by a four-fifths vote of its legislative body and addressing any uses which may be in conflict with a zoning proposal (new overlay zone) which the City is considering. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That the above recitals are true and correct. ’ SECTION II: The area covered by this urgency ordinance (see attached map) and subject to immediate Council involvement is bordered by Carlsbad Boulevard to the west, Cannon Road to the north, the eastern edge of the Carlsbad Ranch property south to Palomar Airport, east to the intersection of Palomar Airport Road and Aviara Parkway, and south to Poinsettia Lane which forms the southern boundary. SECTION III: For the area described above, pending and future commercial projects subject to Planning Commission review shall be required to undergo City Council 3 ( 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 review and approval regardless of current zoning ordinance regulations regarding the review and approval of land use entitlements. DECLARATION OF URGENCY: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth above and represent a current and immediate threat to the public health, safety and welfare. EFFECTIVE DATE: This ordinance shall be effective immediately upon passage and shall be of no further force and effect after one year or until the zone code and local coastal program amendments are considered and acted upon, whichever occur first. No further urgency ordinance extensions are allowed by Government Code Section 65858. At least ten days prior to the expiration of this interim ordinance the City Council shall issue a written report describing the measures it has taken to alleviate the conditions which led to the adoption of this ordinance.’ The City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. SEVERABILITY CLAUSE: If any section, subsection, sentence, clause, phrase or part of this division is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of this chapter. The City Council hereby declares that it would have adopted this division and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases, or parts be declared invalid or unconstitutional. Ill Ill Ill Ill -2- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 INTRODUCED, PASSED AND ADOPTED, at a regular meeting of City Council on the 4th day of August t 1998, by the following vote: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: (SEAL) ' '- APPROVED AS TO FORM AND LEGALITY ^ R. BALL, City Attorney I * AREA SUBJECT TO URGENCY ORDINANCE