HomeMy WebLinkAbout1982-11-16; City Council; 7212; Temporary Moratorium - Los Monos Road*.
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DEPT. HD. URGENCY ORDINANCE ESTABLISHING A TITLE: TEMPORARY YORATORIUM ON THE APPROVAL
OF APPLICATIONS FOR DEVELOPMENT IN THE AREA clmAm=
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DEPT. lOF LOS MONOS ROAD IClTY MOR.
RECOMMENDED ACTION:
Adopt Ordinance No. 9653 .
ITEM EXPLANATION:
At your meeting of November 9, 1982, the City Council directed the
City Attorney to prepare an ordinance declaring a temporary moratorium on the approval of applications for development in the area effected by the realignment of Los Monos Road.
Attached is that ordinance. A four fifths vote is required.
EXHIBIT:
Ordinance No. 9653 .
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ORDINANCE NO. 9653
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING
A TEMPORARY MORATORIUM ON THE APPROVAL OF
APPLICATIONS FOR DEVELOPMENT IN A SPECIFIED
AREA OF THE CITY WHILE AN AMENDMENT TO THE
CIRCULATION ELEMENT TO REALIGN LOS MONOS ROAD
IS CONSIDERED.
WHEREAS, California Government Code Sections 36934,
36937 and 65858 authorized the adoption of an interim ordinance
as an urgency measure prohibiting any use which may be
inconsistent with a proposed land use regulation; and
WHEREAS, at its November 9, 1982 meeting the City
Council of the City of Carlsbad was presented with evidence
showing the necessity of amending the Circulation Element of the
Carlsbad General Plan to change the alignment of Los Monos Road
in order to improve the vehicular circulation plans for the City
and to avoid adverse environmental impacts of the existing
alignment; and
WHEREAS, after considering the evidence the City
Council directed the staff to process an amendment to the
Circulation Element of the General Plan; and
WHEREAS, there are applications pending for the
development of property in the area affected by the proposed
realignment of Los Monos Road; and
WHEREAS, if property in the area of the proposed
realignment of Los Monos Road is allowed to receive final
development approval the City Council may be precluded from
changing the alignment of Los Monos Road without incurring
great expense to the City; and
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WHEREAS, there are no finally approved developments
along the proposed realignments at the present time; and
WHEREAS, the realignment of Los Monos Road is necessary
in order to protect the health, safety and welfare of the
citizens of Carlsbad because the existing alignment will cause
significant adverse affects on the environment and will result
in traffic congestion at the intersection of Palomar Airport Road
and El Camino Real of an unsafe and unacceptable level, but the
proposed realignment will not cause such effects; and
WHEREAS, the City Council has directed staff to process
the proposed amendment to the Circulation Element as quickly as
possible;
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does ordain as follows:
SECTION 1: During the effective period of this
ordinance no final approval for development shall be given for
any property in the area of the alignment or proposed
realignment of Los Monos Road as shown on the map marked Exhibit
A, attached hereto and made a part hereof. For the purposes of
this ordinance final approval for development shall include:
building permits, grading permits, final subdivision maps and
parcel maps, and except as provided in Section 2, tentative
subdivision maps, tentative parcel maps, specific plans, site
development plans, conditional use permits, variances, general
plan elements, zone changes and other discretionary planning
approvals. The acceptance of applications for the processing of
applications for development permits shall be permitted.
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SECTION 2: The City Council or the Planning Commission,
in the case of applications for which it has final approval
authority,
maps, tentative parcel maps, specific plans, site development
plans, conditional use permits, variances, general plan
amendments or zone changes provided that the City Council or the
Planning Commission, in the case of applications for which it has
final approval authority, finds that approval of such application
is consistent with the proposed realignment of Los Monos Road and
that such application makes provisions for the proposed realigned
road.
may approve applications for tentative subdivision
SECTION 3: That this ordinance shall be of no further
force and effect after the expiration of four months from the
date of its adoption unless it is after appropriate notice and
hearing extended by the City Council.
EFFECTIVE DATE: This ordinance is an urgency ordinance
necessary to protect the health, safety, and welfare of the
citizens of Carlsbad for the reasons stated herein. This
ordinance shall be effective for the term stated herein
immediately upon its adoption. The City Clerk shall provide
notice of and shall publish this ordinance as required by law.
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INTRODUCED, PASSED AND ADOPTED this day of
1982, by the following vote, to wit:
AYES:
NOES :
ABSENT:
MARY H. CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
( Seal )
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Ordinance No. 9653