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Home My WebLink About1985-08-06; City Council; 8271; INTERIM LAND USE CONTROLS PENDING ADOPTION OF CITIZEN'S COMMITTEE RECOMMENDATIONS< AB# /%??I MTG. 8/6/85 CA rl DEPT. DEPT. TITLE. INTERIM LAND USE CONTROLS PE”LD1NG ADOPTION OF CITIZEN ’ S COPVIITTEE RECOMMENDATIONS - t ii I eu 9 $c .‘ .4 -n 0 2 -1 c, Fa 8E 3.g ad $a b% Cbw @h W wbr bG 0-l -4 a, *A i2L$ 53 a, .k 2% O5 %* .uh aa !?a a.1; -4 rlw -4 br G u c, -rl oa Ewd a, w -4 #G 03 I W I a3 m 2 0 E a =I 0 z 3 0 0 ---- c1~t.B~ CARLSBAD - AGENDA~LL EE RECOMMENDED ACTION: That the City Council adopt Interim Ordinance No. (four-fifths vote required). yy&b ITEM EXPLANATION At your request we have prepared an interim ordinance as an urgency measure which would impose interim land use control pending public hearings on the Citizen’s Committee recommendations. This ordinance requires a four-fifths vote for adoption. I not a public hearing item. If adopted, the ordinance remai valid for up to 45 days. As prepared, the ordinance direct City Clerk to notice a public hearing before the Council at meeting of September 3, 1985 to consider whether or not to the controls for an additional period of ten mnths and 15 The notice for the hearing is given pursuant to Government Section 65090 which calls for a newspaper advertisement and written notice to anyone who has previously filed a request therefore. It is not necessary to notice the individual pr owners The ordinance requires applications for developmental permi under the zoning code or the subdivision code to comply wit Committee’s recommendations as approved by the City Council Building permits could be approved for developments under t density range that have already received approval of a spec density and which have all any other discretionary approval the Council wishes to extend the controls to such projects expand the grandfather provisions, Section 2 of the ordinan should be revised as the Council determines. At the hearing on September 3, 1985 the City Council would consider whether or not to continue the controls and make a changes necessary to carry out your intentions in this matt ENVIRONMENTAL REVIEW The proposed ordinance is an urgency measure and exempt fro environmental review (Section 15269(c)), FISCAL IMPACT Previously addressed and considered by the City Council. EXHIBIT Ordinance No. 97’& 1. 1 2 3 4 5 6 7 8 9 10 l1 l2 28 ' m 13 0 $2 2 0,2Z " w a l4 0 gzzg. l5 zkak uyra ii" God ~zoa l6 oaCm IO 9 '5 2 l7 18 l9 2o 21 22 23 24 25 26 27 28 >" k 0 0 e ORDINANCE NO. 9766 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLS PENDING CONSIDERATION BY THE CITY COUNCIL OF ZONE AMENDMENTS AS RECOMMENDED BY THE CITIZEN'S COMMITTEE FOR THE REVIEW OF THE LAND USE ELEMENT OF THE GENERP PLAN. The City Council of the City of Carlsbad does ordair CODE AMENDMENTS, ZONE CHANGES AND GENERAL PLAN follows: WHEREAS, the Citizen's Committee studying revisions the Land Use Element of the General Plan has prepared a repor for the City Council making a series of recommended changes i the zone code, zoning ordinances and general plan of the City Carlsbad; and WHEREASr the City Council has adopted the recommendations of the Citizen's Committee with certain additions and changes and indicated their intention to consid making the changes to the City's land use regulations to implement those regulations; and WHEREAS, it is necessary pending public hearings and 1 adoption of the recommendation to impose interim controls to insure that the public health, safety and welfare are protect by requiring new applications for development to comply with Committee's recommendations so that the City Council's considerations in that regard are not prejudiced; and WHEREAS, this ordinance is adopted pursuant to Secti 65858(a) of the California Government Code, NOW, therefore, the City Council of the City of Carlsbad does ordain as follows: e 1 2 3 4 5 6 7 8 9 10 11 12 8 13 Q 2 20 N gz 0) XU=? zoz= e>=. mk-zg 15 u94: ezs2 16 -0u4 14 t-&U - or:m zo I: =-!j 2 17 l8 19 20 21 22 23 24 25 26 27 28 >0 t 0 e e SECTION 1 : No tentative subdivision map, tentative parcel map, conditional use permit, planned development perm site development plan, specific plan, variance, redevelopmen permit, site plan, coastal development permit, zone change, general plan amendment, final map, parcel map, certificate c compliance, grading permit, building permit, master plan or master plan amendment or development perment processed pursu to an adopted master plan shall be approved unless the final decision making body finds that approval of the permit, plan change or amendment is consistent with the report of the Citizen's Committee for the review of the Land Use Element o Carlsbad General Plan dated July 1985 on file with the City and incorporated herein by reference, as adopted and supplem by the City Council as shown on Exhibit A attached hereto an made a part hereof. SECTION 2: Notwithstanding Section 1, final maps, parcel maps, building, grading or other ministerial permits be approved for projects which on the date of the adoption 0. this ordinance have had their specific density approved and 1 I received all other final discretionary approvals necessary fc the project or which have been scheduled for public hearing before the Planning Commission or City Council and which are approved subsequent to the date of the adoption of this ordinance. I ~ SECTION 3: As stated in the committee report as adc by the City Council the Land Use Designations contained in tl committee report shall not apply to areas for which a master has been adopted pursuant to the provisions of Title 21 of tl -2- 1 2 3 4 5 6 7 8 9 10 11 12 ' m 13 28 gs 8 0,32 OWa 14 a 203g g>> 15 ,kUk u?3$ I-LW - zzss 16 oa2m zo I? '5 2 17 0 >O k 0 0 Carlsbad Municipal Code prior to the effective date of this ordinance. However, all other aspects of the report as adop by the Council shall apply to the master plan areas. SECTION 4: On or before September 3, 1985 the City Council shall hold a public hearing to consider extending th ordinance for ten months and 15 days. The City Clerk is dir to notice the hearings as required by Government Code Sectio 65090. DECLARATION OF URGENCY: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth above and represent threat to the public health, safety or welfare of the citize Carlsbad. EFFECTIVE: This ordinance shall be effective immediately upon passage and shall be of no further force ar effect after September 5, 1985 unless extended by Council pr 0 18 19 20 21 22 23 24 25 26 27 28 i i to that date. The City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published once in the Carlsbad Journal within 15 days after adopt ion. INTRODUCED, PASSED AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California held on 6th day Of Ausust , 1985 by the following vote to k AYES: NOES: mne ABSENT: Council Wr Pettine Council Pknhers Casler, Lewis, Kulchin, and Chick -3- 1 2 3 4 5 6 7 8 9 10 11 12 a a rn 03 13 Yo 5% : gl4z OWa 14 z05E 15 9gzg ;:.a io tLOd gEg l6 zo 3 55 a: a 17 >.o t 0 18 19 20 21 22 23 24 25 26 27 28 0 0 APPROVED AS TO FORM AND LEGALITY / " VI~NT' F. 'W~ONDD- Ld+ d && MARY H. LASLER, Mayor ./ ATTEST: AL<TiiA erk I -4- 0 0 ADENDUM LIST OF COUNCIL ACTIONS: At their meeting of July 17, 1985, Council adopted the recommendations of the Citizens Connittee as presented on the following: Open Space, Agriculture, ParksTEnvironmental protection, Commercial, Industrial, Redevelopment, Land Cse Classifications, Special Treatment Area, Architectural Review, Impacts of Growth, Density (including densitv ranges), Population (150,000 at build-out to assist in planning for public facilities), Timing of Public Facilities and Existing Master Plans. In addition, the following actions were taken: OPEN SPACE 1 . Council adopted the Planning Commission recornmendatio to direct staff to prepare an inventory of existing a future open space utilizing the definition proposed k the Citizens Committee. These areas are then to be mapped. 2. Council adopted a policy that new projects which come in before the inventory is completed must use the Citizen Conmittee guidelines. AGRICULTURE 1. Council adopted the Planning Commission recomaendatio to add the words "where feasible" to 2-C on Paue 25. It would read - "The City should permit agricultural land uses throughout the City where feasible". PARKING 1. Council adopted the Planning Commission recommendatio for a corprehensive review of parking standards throuuhout the City excePt in the R-1 zone. DENSITY - 1. Staff is directed to prepare a hillside ordinance. ADDITIONALLY L COUNCIL 1. Adopted the "rest of the report". 2. Instructed staff to set to a public hearing the amendments to the Land Use Element and zone changes. 3. Directed the City Attorney to come back with document: 4. Amended Resolution 7872 until the interim ordinance i, prepared. EXH e 0 At their meeting of July 23, 1985, Council action on Agenda Bi 8253, Supplement No. 1 included: GROWTH MANAGEPENT 1. Council adopted the Public Services and Facilities Adeauacy Proqram detailed on Page 3 of the July 12 memorandum to Councilnember Lewis. From Agenda Sill 8253 COLLATERAL REPORT 1. Council adopted the Collateral Report recommendations submitted . COMMERCIAL 1 . Council adopted the Planning Commission recommendatiol that Highway Route 78 be added to the Citizens Commit recommendations to "orient travel service commercial areas along the 1-5 corridor in the downtown core". d SPECIAL TREATMENT AREA 1 . Council adopted the Planning Commission recommendatioi that the Special Treatment Area for the beach area all include the portion of the Redevelopment Area located south of Elp and west of the railroad tracks. TIME CONSTRAINTS AND IMPACTS OF GROWTH 1. Council concurred with the Planning Commission recommendation to appoint a smaller Citizens Committec to study and assess the impacts of qrowth and make a yearly report. They voted to establish a seven membei cornnittee, with one person each appointed by the individual Councilmembers. The other two would be members of the Planning Commission with the Commissioners to determine who among them would serve - TIMING OF GROWTH AND PUBLIC FACILITIES 1. The -City Manaqer was instructed to return with more details on hirinq a project manager to coordinate the tiring and construction of public facilities. DENSITY 1. Council approved the Planning Commission recommendatic to include the word "only" at the beginning of the policy on clustering so that it reads: "Only encoura? clustering when it is done in a way that is con?atibl( with existing, adjacent development". -2- .. 0 6 '. IVDUSTRIAL 1. Council approved the Planninq Commission recommendatil that the city consider possible expansion of industri usage into other areas of the city where there are la1 enough sites. Additionally - Council agreed unanimously with the Planning Commission reconmendation for an economic impact study which would analyze the fiscal impact of the Land Use Element as revised and a recommendation for a comprehensive review of parking standards throughout the city except in the R-1 zones, BH: bn . - * -3-