HomeMy WebLinkAbout1999-11-02; City Council; NS-516; Urgency Ord - Prohibit bldg./grading subdivisions grading permits...0 0
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ORDINANCE NO. NS- 516
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA PROHIBITING
THE ISSUANCE OF BUILDING AND GRADING PERMITS
IN SUBDIVISIONS FROM EL CAMINO REAL WEST TO
THE OCEAN BETWEEN AGUA HEDIONDA AND BUENA
VISTA LAGOONS PENDING A REPORT AND
RECOMMENDATIONS OF THE CITIZENS COMMITTEE
TO STUDY SIDEWALK AND STREET IMPROVEMENT
STANDARDS
WHEREAS, the City Council received testimony and considerec
issues of sidewalks and street improvement standards at its meetings of Sepl
1999 and October 19,1999; and
I WHEREAS, the City Council carefully considered these issues i
12 recommendations of its staff; and 92 ZUE
cT[Tcb ‘3 <08 WHEREAS, there are a number of pending subdivisions which \
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SLEa ZLzX 16 WHEREAS, the construction of improvements would change thc
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t $! % 17 bo character of the neighborhood and cause needless expense and inconvenier
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improvements were later determined to be unnecessary or inappropriate; anc
WHEREAS, the City Council has determined to study the Gene
street design standards; and
WHEREAS, the City Council determined to appoint a citizens cc
to study the issue; and
WHEREAS, the committee has been directed to study this issui
expeditiously and to make its report and recommendations in a timely manne
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WHEREAS, Government Code section 65858 authorizes the Ci
to adopt, as an urgency measure, an interim ordinance prohibiting such deve
approvals for 45 days by a four-fifths vote; and
WHEREAS, Government Code section 65858 authorizes exten
said emergency interim ordinance, after notice and hearing, by a four-fifths vc
to IO (ten) months and 15 (fifteen) days; and may be subsequently extended
up to one additional year; and
WHEREAS, alternatively, the City Council adopts this urgency r
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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 fc
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recitals to this ordinance and the facts contained in Agenda Bill No. /< @;
the facts as elicited at the public hearings of September 28, 1999 and Octobc am8
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15 1999; and
zwma Ucqn ozJ? 16 WHEREAS, the City Council has determined for the reasons st;
40-1 c 2 z 17 that such potential development represents a current and immediate threat to
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health, safety and welfare,
NOW, therefore, the City Council of the City of Carlsbad does o
follows:
SECTION 1: That the above recitals are true and correct.
SECTION 2: a) That no building or grading permits shall be
residential subdivisions from El Camino Real west to the Ocean betw
Hedionda and Buena Vista Lagoons pending a report and recommendatil
Citizens Committee to Study Sidewalk and Street Improvement Standards.
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b) Notwithstanding the above, upon written request of the PI
owner, a building permit or grading permit, or both, may be issued when the
improvement requirements required by Chapter 20 would not be incompatible
neighborhood as determined by the City Council.
c) This ordinance does not apply to discretionary approvals
building or grading permits have previously been issued or where significant
infrastructure improvements have been made.
SECTION 3: On or before 45 days following the adopti
ordinance, the City Council shall hold a public hearing to consider extc
1 ordinance for IO (ten) months and 15 (fifteen) days pursuant to Governr
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90 l2 section 65858(a). The City Clerk is directed to notice the hearings as r
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<a8 (Jug Government Code section 65090.
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SECTION 4: The City Council may amend this ordinance frc
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gi$$z- 16 zwo) time if it finds there are changed circumstances in the facts that led to its ado
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c23 17 DECLARATION OF URGENCY: This ordinance is hereby de(
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facts constituting the emergency are those set forth above and represent a CI
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health, safety and welfare and shall take effect immediately upon its adoptior I'
be an emergency ordinance adopted as an urgency measure to protect the p
immediate threat to the public health, safety and general welfare of the citize
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EFFECTIVE DATE: This ordinance shall be effective immediat 24
Carlsbad.
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adoption unless extended by the City Council according to law. At least ten 26
passage and shall be of no further force and effect after 45 days of the date (
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to the expiration of this interim ordinance, the City Council shall issue a writte
describing the measures it has taken to alleviate the conditions which lead to
adoption of this ordinance. The City Clerk of the City of Carlsbad shall certify
adoption of this ordinance and cause it to be published once in a newspaper
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting
Carlsbad City Council on the 2nd day of November Y of 1999
the following vote, to wit:
AYES: Council Members Lewis, Hall, Nygaard and Kdchin
NOES: Council Member Finnila
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
THA L%xUTEh&kANZ, City Clerk
(SEAL)
Karen R. Kundtz, Assistant City Clerk
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