HomeMy WebLinkAbout1998-08-04; City Council; NS-454; Urgency Ord - Legoland/Carlsbad Ranch SP area comm. projects...2
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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
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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.
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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
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AREA SUBJECT TO
URGENCY ORDINANCE