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
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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(
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notice Urgency Ordinance No. NS-478, which placed a Growth Management moratoriur
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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
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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
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16 WHEREAS, this ordinance is adopted pursuant to Government Code Section!
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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
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1 NOW, THEREFORE, the City Council of the City of Carlsbad, California, herek
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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.
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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
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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.
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1 SEVERABILITY CLAUSE: If any section, sub-section, sentence, clause, phrast
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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
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6 unconstitutional.
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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
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NOES: None 11
AYES: Council Members Lewis, Nygaard, Finnila, Hall &, Kulchin
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I' ATTEST:
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(SEAL)
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