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Home My WebLink About2000-04-04; City Council; NS-537; Urgency Ord - Bldg./dev. permits in LFM zones 5,10,15-18,20&21...3 r- 11 0 a 1 2 3 4 5 ORDINANCE NO. NS-537 AN URGENCY ORDINANCE REPEALING URGENCY ORDINANCE NS-491 REMOVING THE RESTRICTION ON THE ISSUANCE OF BUILDING PERMIT OR OTHER DEVELOPMENT I I PERMITS OR APPROVALS IN LOCAL FACILITIES I MANAGEMENTZONES 5, IO. 15,16.17,18,20 AND 21. WHEREAS, the City Council adopted without notice Urgency Ordinance No 6 placing a moratorium on building and other development permits within Local 7 June 8, 1999 with the adoption of NS 491 for a period of ten (IO) months and fifteen 8 Management Zones 5, IO, 15, 16, 17, 18,20 and 21, which was extended at a public t until April 27, 2000; and g 10 WHEREAS, the Growth Management Plan. requires that public facilities must bt to ensure that adopted performance standards are met; and 11 WHEREAS, the Performance Standard for Circulation states that no intersec l2 11 operate at worse than a Level of Service D during peak hours as measured by the Cit l3 traffic monitoring program; and 14 WHEREAS, the traffic monitoring report for the 1998 calendar year ider 15 intersection of Palomar Airport Road and El Camino Real as operating at Level of 16 during the morning and evening peak hours; and WHEREAS, the City Manager determined, based on a report from the Put Director and Community Development Director, a failure of the intersection of Palorr Road and El Camino Real has been identified; and 17 18 19 WHEREAS, Section 21.90.080 of the Carlsbad Municipal Code states, "If at 20 after preparation of a local facilities management plan the performance standards esta 21 a plan are not met then no development permits'or building permits shall be issued 22 local zone until the performance standard is met or arrangements satisfactory to the CI 23 guaranteeing the facilities and improvements have been made." and; 11 WHEREAS, the City Council has approved Project No. 3676 to construct 24 right-turn lanes at the intersection of Palomar Airport Road and El Camino Real; and 25 WHEREAS, the construction of Project No. 3676 to fully mitigate the circulation 26 at Palomar Airport Road and El Camino Real has been authorized; and 27 WHEREAS, adequate funds to complete the project are available in the Trai 28 Fee fund to construct said improvements; and I .c I* e a 1 WHEREAS, the provisions of NS-491 are no longer required and immediate 2 restrictions on development permits is appropriate; and WHEREAS, this ordinance and associated agenda bill no. 15,666 is intended tc 3 the report required by Government Code 5 65868; and 4 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does 5 follows: 6 SECTION 1: That the above recitations are true and correct. 7 SECTION 2: Urgency Ordinance NS-491 is hereby repealed. 8 SECTION 3: Any and all agreements recorded under the provision of NS-491 i released and any funds collected in conformance with NS-491 or otherwise collect€ Project No. 3676, Palomar Airport Road and El Camino Real Right-Turn Lanes, are aut 9 10 11 12 13 14 15 be refunded. The Public Works Director is authorized to take any and all appropriatr carry out the provisions of this paragraph. SECTION 4: General Funds authorized to construct Project No. 3676 ar returned to the General Fund and charges and appropriations in the amount of $28 authorized from the TIF fund to cover project costs. DECLARATION OF URGENCY: This ordinance is hereby declared to be an e 1 ordinance adopted as an urgency measure to remove restrictions and shall t: immediately upon its adoption. The facts constituting the urgency are set forth a represent a current and immediate response. 16 17 18 EFFECTIVE DATE: This ordinance shall be effective immediately upon passagc 19 ,2000, and thereafter, 20 INTRODUCED AND FIRST READ at a regular meeting of said City Council hf 4th day of April 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci held on the 4th day of Apri1 , 2000 by the following vote, to wit: 22 AYES: COUNCIL MEMBER IS, HALL, FINNILA, NYGAARD, KULCHIN 23 24 25 26 27 ATTEST:, 28 % h- w LORRAINE M. WOOD, City Clerk (SEAL)