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HomeMy WebLinkAbout1999-06-08; City Council; NS-491; Urgency Ord - Bldg./dev. permits in LFM zones 5,10,15-18,20&21...* t 0 0 1 ORDINANCE NO. NS-491 2 3 4 EXTENSION OF URGENCY ORDINANCE NS-473 PROHIBITING THE APPROVAL OF ANY BUILDING PERMIT OR OTHER MANAGEMENT ZONES 5.10,15.16,17,18,20 AND 21. DEVELOPMENT PERMITS OR APPROVALS IN LOCAL FACILITIES 5 WHEREAS, at its regular meeting of April 27, 1999, the City Council adopt( 6 7 notice Urgency Ordinance No. NS-478, which placed a Growth Management moratoriur and 8 Facilities Management Zones 5, IO, 15, 16, 17, 18, 20 and 21 for a period of forty-five 9 WHEREAS, Government Code Section 65858 allows the City Council 10 11 Ordinance NS-473 for ten (IO) months and fifteen (15) days until April 27, 2000 2 hearing following at least ten (IO) days prior notice, prior to expiration of NS-473; and 12 WHEREAS, alternatively the City Council adopted the urgency measure p Government Code Sections 36934 and 36937 for the immediate preservation of the pu health, or safety based on the facts as set forth in the recitals to the ordinancl facts contained in Agenda Bill No. 15141 and the facts as elicited at the public h April 13, 1999, April 27, 1999, and June 8, 1999; and 13 14 15 16 WHEREAS, this ordinance is adopted pursuant to Government Code Section! l7 legislative body; and 18 andlor 36937 allowing the extension of such urgency ordinance by a four-fifths 3 19 WHEREAS, traffic studies to finally determine which of the City’s Loca 20 Management Zones will be obligated to pay their fair share of the cost to construct iml: 21 at the El Camino Real and Palomar Airport Road intersection: and 22 WHEREAS, completion of those traffic and fee allocation studies are anticip completed within the ten (IO) month, fifteen (15) day period; and 23 WHEREAS, the City Council has determined, for the reasons stated in 24 No. NS-473, which continue to exist, that the potential development within the ab1 zones represents a current and immediate threat to the public health, safety, and welfal 25 26 Ill 28 Ill 27 Ill L 0 e 1 NOW, THEREFORE, the City Council of the City of Carlsbad, California, herek 2 I I as follows: 3 4 SECTION 1 : That the above recitations are true and correct. SECTION 2: No building permit or other development permit which adds tra intersection of El Camino RealIPalomar Airport Road shall be issued within Zones 5, 1 17, 18,20, and 21. 5 6 SECTION 3: Notwithstanding the above prohibition, if applicants execute and 7 /I agreement substantially conforming to the form of agreement attached to Ordinancc 8 approved as to form by the City Attorney and executed on behalf of the City by the Cit! 9 or designee, agreeing to pay their fair share of the equivalent of any fee ultimately ador 10 payable at building permit, then building permits or development permits may be 11 City Council to finance the necessary intersection improvements to eliminate the d6 properties within Local Facilities Management Zones 5, IO, 15, 16, 17, 18, 20, and 21. 12 13 DECLARATION OF URGENCY: This ordinance is hereby declared to be an c ordinance adopted as an urgency measure to protect the public health, safety, and w shall take effect immediately upon its adoption. The facts constituting the emergency a1 above and represent a current and immediate threat to the public health, safety, and WE EFFECTIVE DATE: This ordinance shall be effective immediately upon passagc be of no further force and effect after ten (IO) months and fifteen (15) days from e) l8 Ordinance NS-473 or until the Growth Management facilities are found to be in comp 19 the Growth Management ordinance, whichever occurs first. At least ten (IO) days [ 20 expiration of this Extension Ordinance, the City Council shall issue a written report de: 21 measures it has taken to alleviate the conditions which lead to the adoption of this ordil 22 City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cal published at least once in a newspaper of general circulation in the City of Carlsbad w (I 5) days after its adoption. Ill Ill Ill 14 15 16 17 23 24 25 26 27 111 28 ' II 0 0 1 SEVERABILITY CLAUSE: If any section, sub-section, sentence, clause, phrast 2 3 of this division is for any reason held to be invalid or unconstitutional by the final deck court of competent jurisdiction, such decision shall not affect the validity of the remainil this chapter, the City Council hereby declares that it would have adopted this divisior section, sub-section, sentence, clause, phrase, or a part thereof, irrespective of the fa one or more sections, sub-sections, clauses, phrase, or parts be declared 4 5 6 unconstitutional. 7 8 INTRODUCED, PASSED, AND ADOPTED at a regular meeting of the Cal 9 Council held on the 8th day of June , 1999 by the following vote, to v 10 NOES: None 11 AYES: Council Members Lewis, Nygaard, Finnila, Hall &, Kulchin 12 13 14 15 I' ATTEST: 17 18 19 (SEAL) 20 21 22 23 24 25 26 27 28