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HomeMy WebLinkAbout1982-11-16; City Council; 7212; Temporary Moratorium - Los Monos Road*. c 7212 AB# MTG. 11//16/ 8 2 i, a DEPT. HD. URGENCY ORDINANCE ESTABLISHING A TITLE: TEMPORARY YORATORIUM ON THE APPROVAL OF APPLICATIONS FOR DEVELOPMENT IN THE AREA clmAm= i 0 , 21 P cirl JF CARLSBAD - AGENDA ALL 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 . P 1 2 3 4 5 6 7 8 9 10 11 12 13 .$ g ES dLw-Q 14 OOZE ggY2 mGa2 15 i, fa SGgc; 16 ezzs 17 zc y aa c 0 18 19 20 21 22 23 24 25 26 27 28 0 a 2 wu =-I- a 0 P 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 L 1 2 3 4 5 6 7 8 9 10 11 12 D 19 20 21 22 23 24 25 26 27 20 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. 2. 3 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. /// /// /// /// /// /// 3. . 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 -\ 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 ) 4. Ordinance No. 9653