HomeMy WebLinkAbout1986-01-21; City Council; 8489; Extension of urgency ordinance 9784.- z
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PUBLIC HEARING/EXTENSION OF URGENCY LB#-&fE TITLE:
IITG.-s ORDINANCE 9784 - HOTEL/MOTEL DEVELOPMENT
IEPT. PLN
CIT' 3F CARLSBAD - AGEND.hLL
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CITY ATTYV
CITY MGR.~
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RECOMMENDED ACTION:
Staff is recommending that the City Council ADOPT Ordinance No.
god of ten months and 15 days. 9d , extending the interim ordinance (9784) for the maximum
ITEM EXPLANATION
Because of citizen concern regarding the development of
hotels/motels near residential areas without discretionary approval
the City Council adopted an urgency ordinance on the 10th of December, 1985. The ordinance permits development of hotels and motels on an interim basis by the City Council until permanent standards can be added to the zoning ordinance.
An interim ordinance is only valid for 45 days unless a public
hearing is held to consider extending the length of the ordinance another 10 months and 15 days. This public hearing will allow the Council to extend the ordinance for that period of time.
Staff is near completion of the new hotel/motel standards. They are scheduled for Planning Commission on February 5, and should be
to Council 2-4 weeks later. If the extension is approved by Council and new standards are adopted prior to the termination date
of the urgency ordinance, the urgency ordinance can be repealed
with the adoption of the new standards. Staff is recommending extension of interim ordinance 9784.
FISCAL IMPACT
There will be no direct fiscal impact from adoption of this
ordinance as it does not preclude development of new hotels/motels.
ENVIRONMENTAL REVIEW
This project was found to be categorically exempt as it is an
emergency ordinance .
EXHIBITS
1. Ordinance No. 779 D 1. Urgency Ordinance No. 9784
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ORDINANCE NO. 9790
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA EXTENDING INTERIM ORDINANCE NO. 9784 WHICH
ESTABLISHED REQUIREMENTS FOR REVIEW OF HOTEL AND MOTEL PROJECTS WHILE EXISTING REGULATIONS FOR HOTELS AND MOTELS ,
ARE REVIEWED. I
WHEREAS, the City Council has determined that it is
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jecessary to conduct a review of the hotel and motel regulations in
:he zoning code to determine if they are adequate to carry out the
3oals and policies of the City's General Plan and protect the
?ublic health, safety and welfare, and
WHEREAS, the City Council did on the 10th day of December,
1985, pass an interim urgency ordinance placing special
restrictions on the development of hotels/motels; and
WHEREAS, the City Council did hold a duly noticed public
iearing on said interim urgency ordinance on January 21, 1986.
NOW, THEREFORE, the City Council of the City of Carlsbad
loes ordain as follows:
SECTION 1: That the findings and provisions of Ordinance
40. 9784, attached as Exhibit "A", hereto, and incorporated herein
)y reference, shall constitute the findings and provisions of this I
Irdinance. 1
EFFECTIVE: This ordinance shall be effective immediately i
ipon passage and shall expire ten (10) months and fifteen (15) days
from the date of approval. The City Clerk of the City of Carlsbad
shall certify to the adoption of this ordinance and cause it to be
Iublished once in the Carlsbad Journal within 15 days after its
idopt ion.
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I ! INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
! City Council of the City of Carlsbad, California held on the 21st
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day of January , 1986, by the following vote to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
I
I MARY Hf CASLER, Mayor
iIATTEST:
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ORDINANCE NO. 9784
AN INTERIM ORDINANCE ADOPTED AS AN URGENCY
MEASURE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ESTABLISHING REQUIREMENTS FOR
REVIEW OF HOTEL AND MOTEL PROJECTS WHILE EXISTING REGULATIONS FOR HOTELS AND MOTELS ARE REVIEWED.
WHEREAS, there has recently been a substantial increase
in the construction of hotels and motels in the City of Carlsbad
and a number of additional projects are currently pending; and
WHEREAS, the City Council has been made aware that the
existing regulations in the zone code allow hotels and motels to
be built, as a matter of right, not only in industrial and
commercial zones but in a number of residential zones in the City
including the RP, R-3, RDM, and PC zones. These regulations do
not require any discretionary approval by the City Council and do
not provide for any site review, design review or other form of
regulations for there construction; and
WHEREAS, the present situation has the potential to
result in the construction of hotels and motels in inappropriate
places where they may be incompatible with the neighborhood or
inadequately served by streets and other public facilities or in
locations where they would substantially interfere with the
property rights of surrounding properties, and cause other
problems to the detriment of the public health, safety and
welfare: and
WHEREAS, the City Council has determined that it is
necessary to conduct a review of the hotel and motel regulations
in the zoning code to determine if they are adequate to carry
out the goals and policies of the City's general plan and
protect the public health, safety and welfare. The City Council
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has determined further that it is necessary pending this study to
protect the City from developments that may result in problems
for the City by ensurins that in the interim hotel and motel
development projects are reviewed by the City's staff and be
subject to discretionary approval by the City Council.
NOW, therefore the City Council of the City of Carlsbad
does ordain as follows:
SECTION 1: No building permit, grading permit,
subdivision approval, zoning approval or other City permit shall
be issued for a hotel or motel development until after the
project has been reviewed by the City staff and considered,
reviewed and approved by the City Council. In approving such
projects the City Council shall apply the standards and make the
findings required by the Carlsbad zoning code for the issuance of
conditional use permits. A noticed public hearing before the
City Council shall be reuuired.
SECTION 2: On or before January 24, 1986 the City
Council shall hold a public hearing to consider extending this
ordinance for ten months and 15 days. The City Clerk is directed
to notice the hearinqs as required by Government Code Section
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
constitutinq the emergency are set forth above and represent a
threat to the public health, safety or welfare of the citizens of
Carlsbad.
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EFFECTIVE: This ordinance shall be effective
immediately upon passage and shall be of no further force and
effect after January 24, 1986 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
published once in the Carlsbad Journal within 15 days after its
adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held on the
10th day of December 1985 by the following vote to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
$-d- &-P
MARY H;/ CASLER, Mayor
ATTEST:
Carlsbad Journal
Decreed a Legal Newspoper by the Superior Court of Son Diego County
3 138 ROOSEVELT ST. P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345
Proof of Pub I icat ion
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
1 am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year
next Drecedina the date of Dublication of the NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the CityCounciloftheCityofCarls- bad will hold a public hearing on Tuesday, January 21, 1986, at 6.00 P.M.. in the City Council Chambers. 1200 Elm Avenue, Carlsbad. Cali- fornia. to consider extending the reauirements for review of hotel
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notice' hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
and motel projects, as established by Ordinance No. 9784, while ex- isting regulations for hotels and ...........
motels are reviewed. If approved, the following would be continued in effect for an additional 10 months and 15 days from January 24, 1986: No building permit, grading per- mit, subdivision approval, zoning approval or other City permit shall be issued for a hotel or motel de- velopment until after the project
has been reviewed by the City staff and considered, reviewed and approved by the City Council. In approving such projects the City Council shall apply the standards and make the findings required by the Carlsbad zoning code for the issuance of conditional use per- mits. A noticed public hearing be- fore the City Council shall be re- quired. Ifyou have any questions regard- ing this matter, please call the Planning Department at 438-5591. Ifyou challenge the ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice. or in writ- ten correspondence delivered to the City of Carlsbad at or prior to the Dublic hearing Applicant City of Carlsbad CARLSBAD CITY COIJNCII. '*02 2M 985 CJ 4828 January 11, 1986
Javuary 11, .................. 86 19 ....
................................. 19 ....
................................. 19 ....
................................. 19 ....
............................... 19 ....
I certify under penalty of perjury that the foregoing is true
of the Printer
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing on Tuesday, January 21, 1986, at 6:OO P.M., in the City Council Chambers,
1200 Elm Avenue, Carlsbad, California, to consider extending the requirements for
review of hotel and motel projects, as established by Ordinance No. 9784, while
existing regulations for hotels and motels are reviewed. If approved, the following
would be continued in effect for an additional 10 months and 15 days from January 24,
1986:
No building permit, grading permit, subdivision approval, zoning
approval or other City permit shall be issued for a hotel or motel
development until after the project has been reviewed by the
City staff and considered, reviewed and approved by the City
Council. In approving such projects the City Council shall apply
the standards and make the findings required by the Carlsbad
zoning code for the issuance of conditional use permits. A noticed
public hearing before the City Council shall be required.
If you have any questions regarding this matter, please call the Planning
Department at 438-5591.
If you challenge the ordinance in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the City of Carlsbad at or prior to the
public hearing.
APPLICANT: City of Carlsbad
PUBLISH: January U, 1986 CARLSBAD CITY COUNCIL
December 4, 1985
TO : MAYOR & CITY COUNCIL
FROM: Council Member Mark Pettine
It has come to my attention that hotels and motels can
be constructed in certain zones within the city without
obtaining discretionary approvals from the city.
This situation limits the ability of our Land Use Planners to assist in the modification of submitted plans in order to make the projects more compatible with the existing neighborhoods.
To remedy this deficiency I am respectfully suggesting
that the city adopt an urgency ordinance which would require discretionary approvals for these projects.
Respectfully,
MARK V. PETTINE Council Member
cc: City Manager City Attorney Planning Department City Clerk
APPROVED rzllo /8f-
December 4, 1985
TO : Mayor and City Council City Manager Planning Director
FROM : City Attorney
HOTEL AND MOTEL URGENCY ORDINANCE
The attached urgency ordinance subjecting hotels and motels to review by the City Council was prepared by our office at the request of Council Member Pettine. We understand it is his intention to present it to the City Council for their consideration at the meeting of December 10, 1985.
rmh attachment
VINCENT F. BIONDO, JR. City Attorney
A
lsbad Unified School District
801 Pine Avenue, Carlsbad, California 92008 729-9291 “Excellence In Education”
December 9, 1985
To Whom It May Concern:
It has been brought to my attention that a motel will be built on the southwest corner of Pi0 Pic0 and Magnolia. The plan calls for a vehicular exit on Magnolia Avenue. other like businesses on Pi0 Pico, driveways should be located on the .main street, not the adjacent residential street. I am particularly concerned about traffic patterns in the older sections
of Carlsbad. There are a number of improvements that are necessary to provide for safe pedestrian traffic near our schools.
To be consistent with
As Carlsbad grows, increased traffic is inevitable. I ask only that you consider carefully any decision that may create a hazardous condition for pedestrians.
%cerely,
James D. Boone fl Principal
JDB:mp
Magnolia School 434-0634
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MEMORANDUM
TO: Bobbie Hoder, Administrative Asst., Planning Department
FROM: Deputy City Clerk
December 12, 1985
DATE FOR PUBLIC HEARING TO ESTABLISH REQUIREMENTS FOR REVIEW OF
HOTEL AND MOTEL PROJECTS
ting of December 10, 1985, adopted an
Urgency Ordinance No. at iw temporarily establishing requirements
The City Council,
for review of hotel and motel projects in the City of Carlsbad.
The Ordinance requires that on or before January 24, 1986 a public
hearing be held to consider extending this ordinance.
The City Clerk's Office is requesting that you inform us of the date
that your department would like this matter to be returned to council,
keeping in mind that it must be heard prior to January 24, 1986.
This matter must be noticed with the usual 10 day notice as required
by Section 65090 of the Government Code. We would like your response,
in writing, soon enough so that we may comply with the noticing
requirements. Just fill in date and sign and return this memo to me.
Thanks.
deputy City Clerk
Attachment
Date Ordinance No. 9884 should be returned to Council:
Signed :
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ORDINANCE NO. 9784
AN INTERIM ORDINANCE ADOPTED AS AN URGENCY
MEASURE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ESTABLISHING REQUIREMENTS FOR
REVIEW OF HOTEL AND MOTEL PROJECTS WHILE EXISTING
REGULATIONS FOR HOTELS AND MOTELS ARE REVIEWED.
WHEREAS, there has recently been a substantial increase
in the construction of hotels and motels in the City of Carlsbad
and a number of additional projects are currently pending; and
WHEREAS, the City Council has been made aware that the
existing regulations in the zone code allow hotels and motels to
be built, as a matter of right, not only in industrial and
commercial zones but in a number of residential zones in the City
including the RP, R-3, RDM, and PC zones. These regulations do
not require any discretionary approval by the City Council and do
not provide for any site review, design review or other form of
regulations for there construction; and
WHEREAS, the present situation has the potential to
result in the construction of hotels and motels in inappropriate
places where they may be incompatible with the neighborhood or
inadequately served by streets and other public facilities or in
locations where they would substantially interfere with the
property rights of surrounding properties, and cause other
problems to the detriment of the public health, safety and
welfare; and
WHEREAS, the City Council has determined that it is
necessary to conduct a review of the hotel and motel regulations
in the zoning code to determine if they are adequate to carry
out the goals and policies of the City's general plan and
protect the public health, safety and welfare. The City Council
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has determined further that it is necessary pending this study to
protect the City from developments that may result in problems
for the City by ensurinq that in the interim hotel and motel
development projects are reviewed by the City's staff and be
subject to discretionary approval by the City Council.
NOW, therefore the City Council of the City of Carlsbad
does ordain as follows:
SECTION 1: No building permit, grading permit,
subdivision approval, zoning approval or other City permit shall
be issued for a hotel or motel development until after the
project has been reviewed by the City staff and considered,
reviewed and approved by the City Council. In approving such
projects the City Council shall apply the standards and make the
findings required by the Carlsbad zoning code for the issuance of
conditional use permits. A noticed public hearing before the
City Council shall be required.
SECTION 2: On or before January 24, 1986 the City
Council shall hold a public hearing to consider extending this
ordinance for ten months and 15 days. The City Clerk is directed
to notice the hearinqs as required by Government Code Section
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 a
threat to the public health, safety or welfare of the citizens of
Carlsbad.
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EFFECTIVE: This ordinance shall be effective
immediately upon passage and shall be of no further force and
effect after January 24, 1986 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
published once in the Carlsbad Journal within 15 days after its
adopt ion.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held on the
10th day of December , 1985 by the following vote to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
I MARY H;/ CASLER, Mayor
ATTEST: