HomeMy WebLinkAbout1999-11-16; City Council; NS-518; CMC 18.40.040 amend - Bldg. permits issuance when public improvements rqd....f
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ORDINANCE NO. NS-518
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18,
CHAPTER 18.40 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF SECTION 18.40.040 RELATING
TO WHEN PUBLIC IMPROVEMENTS ARE REQUIRED FOR THE ISSUANCE OF INDIVIDUAL BUILDING PERMITS.
WHEREAS, the City Council carefully considered the issue of impc
moratorium on building permits in the special study area from El Camino Real west
Pacific Ocean between Agua Hedionda and Buena Vista Lagoons; and
WHEREAS, the City Council determined that a moratorium on the issu:
building and grading permits in this area was not required so long as Section 18.40.04(
Carlsbad Municipal Code was adjusted to defer public improvements in this specia
area pending the report and recommendation of the Citizens Committee to Stu
Sidewalk and Street Improvement Programs and subsequent action by the City Cou
those recommendations; and
WHEREAS, the City Council adopted Resolution No. 99-485 formi
Citizens Committee to Study the Sidewalk and Street Improvement Program and dire1
study of the issues and to make its report and recommendations by February 1,2000;
WHEREAS, the deferral of public improvements in the Study Area penc
report and recommendations of the Citizens Committee to Study the Sidewalk and
Improvements Program will not disrupt the status quo since street improvements
generally be required; and
WHEREAS, the City Manager or the City Council on appeal retains tht
to require the installation of street improvements in appropriate circumstances; and
WHEREAS, there shall be no fee for appeal under this section.
NOW, THEREFORE, the City Council of the City of Carlsbad ord;
follows:
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SECTION 1: Section 18.04.040 is added to the Carlsbad Municipal C
read as follows:
"Notwithstanding subsections (a) and (b), pending review and
study and the report and recommendations of the Citizens
Committee to Study Sidewalks and Street Improvements, any
person who constructs or causes to be constructed any building in
the special study area (defined as that area from El Camino Real
west to the Pacific Ocean between Agua Hedionda and Buena
Vista Lagoons) shall enter into a future improvement agreement
pursuant to Section 18.40.090 unless the City Manager, or the City
Council on appeal, finds that the installation of sidewalk
improvements are required for the health, safety and general
welfare; or are compatible with the neighborhood and their
installation would be appropriate at the time of construction of the
building project. There shall be no fee for appeal under this
section."
EFFECTIVE DATE: This ordinance shall be effective thirty days E
adoption; and the city clerk shall certify the adoption of this ordinance and cause i
published at least once in a newspaper of general circulation in the City of Carlsbac
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsb
Council on the .9th day of November , 1999, and thereafter
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19 of Carlsbad on the 16th day of November , 1999, by the following vote, to wit:
PASSED AND ADOPTED at a regular meeting of the City Council of t
20 AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
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(SEAL)
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