HomeMy WebLinkAbout1986-01-21; City Council; 8473-2; Urgency Ordinanace Temporarily RestrictingOf OF CARLSBAD - AGENL BILL
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MTfi 1/21/86
DEPT. CA
TITLE' URGENCY ORDINANCE TEMPORARILY
RESTRICTING THE PROCESSING AND
APPROVAL OF CERTAIN LAND USE
UtiVhiLiUlrMbN 1 APPLILATIUNb
DEPT. HD.
CITY ATTYV/^S
CITY MGR.^£=:
RECOMMENDED ACTION:
Adopt Ordinance No.an Urgency Ordinance establishing
temporary land use controls and temporarily restricting the
processing and approval of certain development applications pending
consideration by the Council of zone code amendments, zone changes
and general plan amendments to permanently implement a comprehensive
development management system in the City of Carlsbad (requires 4
affirmative votes).
ITEM EXPLANATION
On January 14, 1986, the City Council approved the work program for
new land use proposals recommended by the Planning Director and
directed the City Attorney to prepare an ordinance which would
suspend acceptance of new applications and place a hold on approval
of other development permits and entitlements with certain exceptions
until the land use proposals are implemented.
The attached ordinance contains findings which the Council must make
prior to the adoption of an urgency ordinance to implement the
Council's direction. It also contains the development restrictions
which the Council directed at its January 14 meeting.
SECTION 2 of the ordinance prohibits the submission, processing or
approval of applications for development permits with the
exceptions. The exceptions are as follows:
(1) applications for minor subdivisions, redevelopment permits,
governmental permits, industrial or commercial projects and variances
in the R 1 zone may be accepted, processed and approved.
(2) building and other ministerial development permits may be
issued for projects in the redevelopment zone, minor subdivisions,
commercial or industrial projects and projects for which a final map
has been approved by the City Council on or before January 14, 1986,
projects located in the northwest quadrant of the City and projects
which were under construction.
(3) Final maps may be issued for commercial and industrial projects
and projects located in the northwest quadrant of the city or
projects for which construction had started on all or part of the
project.
(4) Projects for which an application for discretionary approval as
submitted in accordance with City Requirements prior to January 14,
1986 may be processed and approved provided, however, that no final
map or building permit will be issued for these projects. Those
projects are listed on Exhibit "B" which are attached to the
ordinance.
SECTION 3 of the ordinance provides that as a condition of approval,
for any building permit issued during the effective time of the
ordinance that the applicant will pay any increased public facilities
fee established by the Council and in addition, the applicant must
comply with any conditions for which the Council finds are necessary
to implement an approved phasing program for the area in which the
project is located.
SECTION 4 provides that an owner or owners of property may submit a
development management system and phasing plan for Council adoption.
If that plan is approved, the Council may authorize the issuance of
permits and the City Council may condition the issuance of building
permits upon compliance with the system and phasing plan.
The City clerk will be required to notice a public hearing on the
ordinance within 45 days after its adoption. The ordinance is
drafted in such a way that it expresses the Council's intention that
the restrictions will expire on July 20, 1986 which is the same date
that the ordinance imposing temporary land use controls to implement
the citizens committee recommendations expires.
ENVIRONMENTAL REVIEW
The proposed ordinance is an urgency measure and is exempt from
environmental review.
FISCAL IMPACT
Previously addressed and considered by the City Council.
EXHIBIT
Ordinance No.
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ORDINANCE NO.9791
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 CODE AMENDMENTS, ZONE CHANGES
AND GENERAL PLAN AMENDMENTS, TO PERMANENTLY
IMPLEMENT THE COMPREHENSIVE DEVELOPMENT MANAGEMENT
SYSTEM IN THE CITY OF CARLSBAD.
WHEREAS, since January 1985, the City of Carlsbad has
been undertaking a comprehensive review of the Land Use Element
of its General Plan, and
WHEREAS, on August 6, 1985, the City Council adopted
Interim Ordinance No. 9766, imposing certain temporary land use
controls on property within the City of Carlsbad consistent with
the recommendation of the citizens committee which reviewed the
Land Use Element, and
WHEREAS, on September 3, 1985, the City Council adopted
an Interim Ordinance No. 9771 which extended the restrictions of
Ordinance No. 9766 until July 20, 1986, and
WHEREAS, on December 10, 1985, the City Council approved
in concept several land use proposals not contained in the
committee report which require modification to the City's General
Plan and zoning ordinances including: periodic review of all
existing master plans, immediate review of the La Costa Master
Plan, application of new land use plan density ranges to existing
master plan areas, prohibiting certain identified open space from
being used to calculate permitted densities, establishment of an
urban land reserve and a public facilities phasing programs to be
used in conjunction with the development of a public facilities
adequacy program previously approved by the City Council, and
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WHEREAS, during public hearings on residential
development projects in recent months, it has become apparent
that there are critical shortages in certain public facilities
including, but not limited to, circulation systems and parks
which must be remedied in order to accommodate any new
residential development, and
WHEREAS, on January 14, 1986, the City Council heard
testimony from its staff and a large number of other people
interested in the development of the City, and determined that in
order to eliminate the facilities shortages and to protect the
community character and quality of life in Carlsbad, it is
necessary to establish a development management system and public
facilities, improvements and services phasing plans (phasing
plans) within the City of Carlsbad as outlined in Agenda Bill No.
8973-1 and in the testimony of the Planning Director, and
WHEREAS, continued development without a development
management system and phasing plans may result in significant
adverse impacts on public facilities, including but not limited
to the circulation system, parks, schools and open space which
would impact the health, safety and welfare of the City of
Carlsbad and degrade the quality of life and environment of the
City, and
WHEREAS, the development of such a system and
plans without placing restrictions on processing of development
applications would severely strain the staff capabilities of the
City's Planning Department, and
WHEREAS, placing a hold on certain development
processing in the City, would allow the planning staff the
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necessary time to develop the development management system and
phasing plan, and
WHEREAS, continued processing and approval of
development applications during the preparation of a development
management system and phasing plans would severely prejudice the
ability of the City to establish methods for remedying shortages
identified by the plan or from fully implementing the
recommendations prepared by the Planning Department, and would
result in the adverse impacts to the public health, safety and
welfare, and
WHEREAS, placing a temporary hold on development will
allow the City to analyze all of the potential impacts of a
development management system and phasing plans including
environmental impacts, and impacts on regional welfare and
regional housing opportunities in a comprehensive manner and
without prejudice to the development of such a program, and
WHEREAS, a temporary hold on development will not
adversely affect the environment but will allow full
consideration of impacts of future development during the
preparation of the development management system and phasing
plans while continued acceptance, processing or approval of
development applications could impact the City's environment,
and;
WHEREAS, a temporary hold on development will not affect
the regional housing opportunities since certain previously
approved development will be allowed to proceed, and
WHEREAS, this ordinance is consistent with the City's
General Plan and will allow full and careful consideration of
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appropriate general plan amendments, and
WHEREAS, the City Council has determined for the reasons
stated above, that the public health safety and welfare will be
protected only by adoption of this Urgency Ordinance to place a
temporary hold on development processing pending the preparation
and consideration of a development management system and phasing
plans for the City of Carlsbad, and
WHEREAS, imposition of the public facilities
requirements of the development management system and phasing
plans on development occuring after January 21, 1986 is necessary
to protect the public health, safety and welfare, to preserve the
quality of life in Carlsbad, to assure compliance with the
Carlsbad General Plan and zoning ordinances and to protect the
environmental quality in the city in the immediate and long
range future.
WHEREAS, this ordinance is adopted pursuant to Sections
36937(b) and 65858(a) of the California Government Code, and
WHEREAS, it is the intent of the City Council, that the
restriction contained in this ordinance shall expire on July 20,
1986, the same date that the development restrictions of
Ordinance No. 9771 expire.
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does ordain as follows:
SECTION 1: That the above recitals are true and
correct.
SECTION 2: Notwithstanding, any provisions of the
Carlsbad Municipal Code to the contrary, the submission
processing or approval of any application for any entitlement for
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development, whether discretionary or ministerial, pursuant to
Title 11, Chapter 11.06; Title 18, Chapter 18.04; Title 20; or
Title 21 of the Carlsbad Municipal Code is prohibited except as
follows:
1. Applications may be accepted, processed and approved
for: (A) minor subdivisions (4 units or less), (B) redevelopment
permits, (C) projects by governmental agencies, (D) industrial or
commercial projects, (E) variances in the R-1 zone.
2. Building and other ministerial development
permits issued under Title 11 or Title 18 of the Carlsbad
Municipal Code may be issued for: (A) projects in the Village
Redevelopment zone, (B) minor subdivisions, (C) commercial and
industrial projects, (D) projects for which a final map had been
approved by the City Council on or before January 21, 1986, (E)
projects located in the northwest quadrant of the City and
identified as infill projects on the map and incorporated herein
by this reference, labeled Exhibit "A", dated January 14, 1986
and on file in the Planning Department and (F) projects for which
construction has started prior to January 14, 1986 on all or part
of the project and which are shown, "as developing" on the map
labeled Exhibit "A". The City Council may by Resolution add
projects to those shown on Exhibit "A", upon a finding that
they qualify.
3. Final maps for commercial or industrial projects and
projects identified in Subsection 2(E) and (F) of this section.
4. Projects for which a complete application in
substantial conformance with City requirements for a
discretionary approval under Title 20 or 21 was on file with the
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City prior to or on January 14, 19P6, may be processed and
approved provided, however, that no final map or buildina permit
shall be issued for such projects during the period in which this
ordinance is effective. The projects which qualify for
processing under this section are listed on Exhibit "B" which is
attached hereto and made a part hereof.
SECTION 3: As a condition of approval of any building
permit issued after January 21, 1986 pursuant to Section 2 of
this ordinance, the applicant shall agree to pay any increase in
the public facilities fee or additional tax on new construction
or the development fees established by the City Council prior to
July 20, 1986.
SECTION 4: Prior to the expiration of this ordinance, a
property owner or owners may submit and the City Council may
adopt by resolution, a development management system and phasing
plan for specific areas of the City. After adoption of such a
system and plan, the City Council may allow final maps, buildina
and other ministerial development permits to be issued for
projects in the areas covered by that system and plan; provided,
however, that the City Council may by resolution impose as a
condition of the issuance of building permits for such
developments, any conditions or requirements identified in the
development management system and phasing plan for the area.
Those conditions must be satisfied prior to the time building
permits are issued.
As a condition of approval of any permits pursuant to
this section, the applicant shall agree to abide by any
additional requirements established by the development management
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system and phasing plans ultimately adopted by the City. Nothing
in this section shall be construed to preclude the City from
adopting additional or different requirements for an area as part
of the permanent citywide development management system and
phasing plans.
SECTION 5: The requirements of this ordinance are
imposed as zoning restrictions for all property in the City.
SECTION 6: The City Manager and Planning Director are
directed to process the necessary General Plan and zone code
amendments to implement the policies and programs established by
the City Council on August 6, 1985, September 3, 1985, December
10, 1985, and January 14, 1986, and January 21, 1986.
SECTION 7: Santa Fe Knolls Unit III CT 85-5 and
Tamarack Point CT 84-14, shall be exempt from this ordinance
because of the City and developers previous commitments to an
outstanding low and moderate income housing bond issue.
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 a
threat to the public health, safety and welfare of the citizens
of Carlsbad.
EFFECTIVE DATE: This ordinance shall be effective
immediately upon passage and shall be of no further force and
effect 45 days after its adoption unless extended by Council
prior to that date. The City Clerk of the City of Carlsbad shall
certify to the adoption of this ordinance and cause it to be
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published once in the Carlsbad Journal within 15
adoption. The City Clerk is further directed to
public hearing for consideration of the extension
ordinance within 45 days after its effective date
Council's intention to, after said public hearing
ordinance until July 20, 1986.
days after its
schedule a
of this
It is the
to extend this
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad held on
January 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin,
NOES : None
i
ABSENT: None
A^PTROVED^S/TQ/ FORMvAND yfJEGALITY
the 21st day of
Chick and Pettine
City Attorney !/' I / / --
/L L/t^,<.y ,4J L.^o^-6-u-
MARY Hy CASLER, Mayor
ATTEST:
x^, j X?
ALETHA L. RAUTENKRANZ, CitySlerk
-8-
EXHIBIT "B1
coieiissiog AGBHDA
TKHTATIVBLY SCHEDOLBD AS OF JAHDARY 14, 1986
* - JAHUARY 22, 1986
GPA/LU 86-1 (Amendment to Master Plans)
CT 84-41/PUD-77 (Alga Hills)
GPA 85-13/ZC-342 (City of Carlsbad-Alga Hills)
ZCA-187 (City of Carlsbad-Parking Standards)
CUP-280 (Carlsbad School District)
CUP-275 (Pacific Bell)
AV 85-8 (Beilbey)
SDP 84-8(A) (Brehm)
CUP-245 (Western Bankers)
(Request for Extension)
* - FEBRUARY 5, 1986
Planning Commission
SP-186(A) (Economy Inns)
CT 85-23/CP-320 (Hosp Grove)
ZCA-189 (Hotel & Motel Standards)
Design Review Board
RP 85-7 (Pucci)
RP 85-18 (Carlsbad Inn Tennis Club)
* - FEBRUARY 26, 1986
Planning Commission
CT 85-29/PUD-94/SDP 82-3(A)/
CUP-278 (Poinsettia Village)
SDP 85-7 (Levante Properties)
CT 85-36 (Oceanview Estates)
Design Review Board
RP 85-19 (California Builders)
APRIL 9, 1986
SDP 85-11 (Alicante View Apartments)
CT 85-16/PUD-85 (Lancaster Townhomes)
* MEETIN3 CLOSED
SUBMITTAL
DATE HOLDIMG
11/15/83
11/15/83
3/23/84
5/10/84
1/9/85
1/4/85
1/22/85
2/13/85
3/14/85
4/25/85
5/3/85
5/10/85
9/19/84
8/9/85
8/5/85
8/23/85
8/21/85
8/21/85
9/10/85
9/11/85
9/3/85
10/4/85
10/17/85
10/24/85
11/6/85
11/7/85
11/22/85
11/20/85
11/13/85
11/20/85
11/27/85
11/21/85
12/4/85
11/13/85
11/27/85
12/11/85
1/7/86
11/15/85
12/12/85
ELR 83-10/GPA/LU 83-19/
ZC-295 (Bressi Ranch)
GPA/LU 83-18/ZC-294 (Brass!)
HP 84-7 (Town Square)
PCD-62 (Navarra Apts.)
CT 85-1/CP-307 (La Costa Townhomes)
ZC-324/GPA/LU 85-1/MP-176 (South Coast Park)
GPA/LU 85-2/MP-177/CT 85-35 (HPI)
CT 85-12/SP-198 (County - Faraday Business Park)
KER 85-2/ZC-328/CT 85-25 (Rancho Del Cerro)
CUP-274 (Hughes Tech. Center)
CT 85-17/ZC-331/SP-199 (College Business Park)
EER 85-3/MP-179/ZC-332 (Evans Point)
CUP-261 (Pacific Coast Hotel)
GPA/LU 85-9/ZC-338 (Seapointe-Carlsbad)
PCD-88 (La Costa Village Apartments)
CUP-276 (Boys & Girls Club)
CT 85-27/PUD-92 (Kelly Ranch - Area E)
CT 85-26/PUD-91 (KeUy Ranch - Area I)
CT 85-34/ZC-341 (View Point) (Formerly Mola)
CT 85-28/CP-321 (La Costa Valley Terrace)
RP 85-17 (Johnston)
CT 85-32/PUD-93 (CRC - Series 10,000)
MP-134(C)/CT 85-33/ZC-339/
SDP 85-14 (Scrimps Memorial Hospital)
ZC-340/SP-200 (Carlsbad Airport
Business Center)
CUP-279 (Chevron)
GPA/LU 85-12 (Coast Waste Management)
SDP 85-17 (Brodine)
CUP-281 (Jefferson House II)
CUP-205(A) (Crazy Burro)
SDP 85-16 (Robert Hale)
SP-25(C)/CUP-282 (Rockwell's)
SP-180(C) (Carlsbad Research Center)
CUP-283 (Union Oil)
SDP 85-20 (Forsyth)
CT 85-38/PUD-96 (RT.F.P - Phase III)
RP 85-22 (Trautman)
SP-201 (Ponto Drive Specific Plan)
SDP 85-15/CT 85-37/PUD-95
(Batiguitos Lagoon Educational Park, Phase II)
CT 85-39/SUD-97 (Laurel Tree)
ISSUE DBT1 CH&TIOH
1/14/86 CUP-194(3) (Aquaculture Systems Intl.)
1/13/86 SDP 86-1 (Crehan Condos)
1/10/86 CUP-284 (7-Eleven)
1/13/86 CT 86-2/PUD-98 (Carrillo Ranch I)
1/14/86 ZC-343/CT 86-3/5>UD-99 (Hillebrecht Property)
1/14/86 MP-139(C) (Rancho Carrillo)
1/14/86 GPA/LU 86-2 (Rancho Carrillo)
1/14/86 CT 86-4/KJD-100A-370 (Connole Construction)
1/14/86 SDP 86-4 (Pacific Rim Resorts)