HomeMy WebLinkAbout1999-04-27; City Council; NS-473; Urgency Ord - Bldg./dev. permits in LFM zones 5,10,15-18,20&21...1
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ORDINANCE NO. NS-473
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING A
MORATORIUM AS AN EMERGENCY MEASURE
PROHIBITING THE APPROVAL OF ANY BUILDING PERMIT
OR OTHER DEVELOPMENT PERMITS OR APPROVALS IN
LOCAL FACILITIES MANAGEMENT ZONES 5,10, 15, 16, 17,
WHEREAS, the Growth Management Plan makes the approval of new
development contingent upon adequacy of public facilities at all times, based on
Performance Standards for eleven identified public facilities; and
WHEREAS, the Performance Standard for Circulation states that no intersection
shall operate at worse than a Level of Service D during peak hours as measured by the
City’s annual traffic monitoring program; and
WHEREAS, the traffic monitoring report for the 1998 calendar year identified the
intersection of Palomar Airport Road and El Camino Real as operating at Level of
Service E during the morning and evening peak hours; and
WHEREAS, the City Manager determined, based on a report from the Public
Works Director and Community Development Director a failure of the intersection of
Palomar Airport Road and El Camino Real has been identified; and
WHEREAS, Section 21.90.080 of the Carlsbad Municipal Code states, “If at any
time after preparation of a local facilities management plan the performance standards
established by a plan are not met then no development permits or building permits shall
be issued within the local zone until the performance standard is met or arrangements
satisfactory to the City Council guaranteeing the facilities and improvements have been
made.” and;
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WHEREAS, Zones 5 and 17 contain the intersection of Palomar Airport Road
and El Camino Real, and;
WHEREAS, traffic studies indicate Zones 10, 1516, 18, 20 and 21 may
contribute 20% or more of their traffic to the intersection of Palomar Airport Road and El
Camino Real, and;
WHEREAS, Government Code section 65858 authorizes the City Council to
adopt, as an urgency measure, an interim ordinance prohibiting such development
approvals for 45 days by a four-fifths vote; and
WHEREAS, Government Code section 65858 authorizes extension of said
emergency interim ordinance, after notice and hearing, by a four-fifths vote for up to 10
months and 15 days; and may be subsequently extended once for up to one additional
year; and
WHEREAS, alternatively, the City Council adopts this urgency measure pursuant
to Government Code sections 36934 and 36937 for the immediate preservation of the
public, peace, health or safety based on the facts as set forth in the recitals to this
ordinance and the facts contained in Agenda Bill No. 15,141 and the facts as elicited at
the public hearings of April 13, 1999 and April 27, 1999; and
WHEREAS, the City Council has determined for the reasons stated above that
such potential development represents a current and immediate threat to the public
health, safety and welfare; and
NOW THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That the above recitations are true and correct.
Ordinance No. NS-473
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SECTION 2: No building permit or other development permit for a project which
adds traffic to this intersection shall be issued within Zones 5,10, 15, 16, 17, 18, 20 and
21.
SECTION 3: Notwithstanding the above prohibition, if Applicants execute and
record an Agreement substantially in the form attached hereto marked Exhibit “A”,
approved as to form by the City Attorney, and executed on behalf of the City by the City
Manager or designee, agreeing to pay their fair share of the equivalent of any fee
ultimately adopted by the City Council to finance the necessary intersection
improvements to eliminate said deficiency, payable at building permit, then building
permit or development permits may be issued for properties within Local facilities
management zones 5,10,15,16,17,18,20 and 21.
SECTION 4: On or before 45 days following the adoption of this ordinance, the
City Council shall hold a public hearing to consider extending this ordinance for 10
months and 15 days pursuant to Government Code section 65858(a). The City Clerk is
directed to notice the hearings as required by Government Code section 65090.
SECTION 5: The City Council may amend this ordinance from time to time if it
finds there are changed circumstances in the facts that led to its adoption.
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. Facts
constituting the emergency are set forth above and represent a current and immediate
threat to the public health, safety and welfare.
Ordinance No. NS-473 3
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EFFECTIVE: This ordinance shall be effective immediately upon passage and
shall be of no further force and effect after 45 days of the date of its adoption unless
extended by the City Council according to law. Thereafter, if extended, it shall remain
in effect until the City Council finds that a funding mechanism guaranteeing construction
of the required intersection improvements are in place, unless sooner repealed by the
City Council.
At least 10 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 lead 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
once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
INTRODUCED PASSED AND ADOPTED at a regular meeting of the Carlsbad
City Council on the 27th day of April , 1999, by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
AP OVED AS TO FORM AND LEGALITY Ff /_,Q . 6 -. RONALD R. BALL, City Attorney
P*28.99 * ATTEST:
.(SEAL)
Ordinance No. NS-473 4
0 a Exhibit A to Ordinance NS-473
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
; City Clerk
CITY OF CARLSBAD ; 1200 Carlsbad Village Drive > Carlsbad, California 92008-I 989 ) .
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER/OWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
LOCAL FACILITIES MANANGEN TRANSPORTATION FEE
“Developer
made a part of7
on said Property, which developmen
Drive,
and is hereafter referred to as “Development”; and
JLFMP Zone Transportation Fee 1 4129199
WHEREAS, Developer filed on the
with the City a request for
day of ,19-9
hereinafter referred to as
“Request”; and
WHEREAS, the Growth Management Ordinance (Carlsbad Municipal Code Chapter
21.90) requires that the City Council find that all public facilities necessary to serve a
development will be available concurrent with need or such development shall not be approved;
and
Ordinance, and that th
are at capacity an
facilities resultin
Developme
the parties agree as
estimated at $10.00 per Avc
t&p Growth Management
Zone
&transportation
bees will be j&
WHEREAS, Develo
Development; and
has asked the City to find that public
BpqEe Development pursuant to
the Request. The fee shall be paid prior to the issuance of building or other construction permits
for the Development. Notwithstanding the forgoing, said fee is subject to adjustment, based
upon the amount of the LFMP Zone transportation fee, or other fee, ultimately adopted by the
LFMP Zone Transportation Fee 2 4129199
! ‘. l 0
I
City Council as the basis for termination of the Moratorium declared by the City Council on April
27, 1999. If said fee has not been paid prior to final Council action formally adopting such fee,
this fee shall automatically be adjusted to be the same as that fee. If this fee has been paid prior
to such Council final action, then this fee will again automatically be adjusted, and Developer
shall, within thirty (30) of written notice thereof by City pay any shortfall; or City shall within thirty
(30) days of such determination, refund any overage. This fee shall be in addition to any taxes,
fees, dedications or improvements req
Municipal Code. The ter
“entitlement for use”
projects, shall n
nt to Titles 18, 20 or 21 of the Carlsbad
g egg G,,,construction permit” and
.^ ii&nobilehome sites or
ther permit is necessary Prio
I permit shall
! the
nent
wide
Plan
ction
financing of transp
when the Citv Council d I I from the payment of this and sim
Zone
and sufficient funds
4. City agrees to provide upon request reasonable assurances to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein
described.
LFMP Zone Transportation Fee 3 4129199
5. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
6. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
If notice is aiven to delivery thereof to the City or by
e address set forth herein, depositing same in the United,
enclosed in a sealed en&&
Developer 4
apply to,
Develope
nited States Mail, enclosed in a scale
have first assumed 8
. . .
. . .
I sd shall
LFMP Zone Transportation Fee 4 4f29199
I 0 a
8. This agreement shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of California
(signature)
(print
(title)
Y. (Notarial acknowle
(President or vice or&?%
bnly one officer signs, assistant secretary under co”
(If signed by an individua yWEusf aftach a statement of partners1 iip
If
or
authorizing the partner to execute this instrument).
LFMP Zone Transportation Fee 5 4J29J99
. * a. a
EXHIBIT “A’
LEGAL DESCRIPTION
LF’MZ Transportation Fee 6 4199
: -
J * (b a
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
appeared
before me,
Notary Public, personally
, [ ] personally known to me -
or [ ] proved to me on the basis__
name(s) is/are subscri
he/she/they e
his/her/their si
WITNES
(Signatu
to be the person(s) who se
lat
by
of
6 4/99