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HomeMy WebLinkAbout1988-08-09; City Council; 9588; INTERIM ORDINANCE AND OPEN SPACE MAPI 4 cr) VI I 2 a d 0 a a, u a 0 a cd I+ -4 U d 0 3 u 03 1 03 1 cn 03 z 0 .. - 6 a a -I z 3 0 0 Ll F LAHL3BAI.J - AUtN ILL - If6 L"fj7 AB# i-J ' - DEF TITLE: MTG. 8/9/88 CIT INTERIM ORDINANCE AND OPEN SPACE MAP DEPT. PLN/CA RECOMMENDED ACTION: CIT' I Adopt Ordinance No. l5-31 establishing temporary land use protecting open space and setting a public hearing on Sep 1988 to extend such controls as an interim ordinance throu 9, 1989. I ITEM EXPLANATION The City Council, on August 26, 1988, at a special Cit meeting, directed staff to prepare an interim ordinance wh lock into place the City's current open space plan inc. updated map until a citizen's committee could review i Staff has completed the preparation of the ordinance! an map. They are being presented to the City Council for ad temporary land use controls. A four-fifths vote is Adoption of the ordinance also sets a public hearing for 6, 1988 at which time the City Council can make any changes to the Open Space Map and extend such control; August 9, 1989. Attached is the ordinance requested by Council. The Open has been reduced and is attached as an exhibit to the a A larger scale Open Space Map will also be available for the meeting. The ordinance and Map have also been scheduled for Commission review and input on August 17, 1988 a recommendation will be a part of the information before tl. on September 6, 1988, EXHIBIT Interim Ordinance No. d!-3/ b 1 m L ORDINANCE NO. NS-31 2 3 4 5 6 AN INTERIM ORDINANCE OF TEE CITY COUNCIL OF THE CITY MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLt3 TO PROTECT OPEN SPACE PENDING CONSIDERATION BY THE CITY COUNCIL OF RECOMMENDATIONS FROM A CITIZEN'S COMMITTEE AFTER REVIEW OF THE OPEN SPACE ELEMENT OF OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY THE GENERAL PLAN IUJD THE CIWI 8 OTHER REGULATIONB FOR OPEN SPACE LANDS. I/ The City Council of the City of Carlsbad does o 7 8 9 10 11 12 0 ' m 13 Gd 28 GL3Z 'Oua SoZa ura li "lo I-&U - 3z8O I13 $La- >>g og2s +f 5 >u 14 15 16 17 k 0 18 19 follows: WHEREAS, as part of the City of Carlsbad' s Growtlh Ma Plan, standards were adopted to restrict the develop environmentally sensitive areas in the City and to reqt preservation of open space; and WHEREAS, a map has been prepared which is titlec Space Map, City of Carlsbadl' which graphically displays th ~ existing and proposed future open space lands required b management; and WHEREAS, the City Council of the City of Carl5 determined to appoint a 15 member citizen's committee to re City's Open Space Element of the General Plan and Open SF 11 and make recommendations to insure consistency with 20 Management and fully protect open space lands in the City; WHEREAS, the preservation of open space and the pr 21 22 23 I1 of unique natural resources and environmentally sensitive /1 essential to protecting the environmental, social and 24 values of the City and the health, safety and welfare residents; and 25 26 27 11 28 I, // e 0 1 I WHEREAS, it is necessary pending public hearing 2 ll recommendations to impose interim land use controls to in 3 4 5 6 7 8 9 10 11 12 II 0 ~ a ma Yx <% 8 gIGz g;$E uv3$ 55 u owu zta:LL I-;* - EZS% 20 5 >a oa?m k 0 13 14 15 16 17 18 19 I 2o ! 21 22 23 24 25 26 27 the public health, safety and welfare are protected by pr new applications for development from adversely affecting c as shown on the Open Space Map: and WHEREAS, this ordinance is adopted pursuant tc 65858(a) of the California Government Code, NOW, therefore, the City Council of the City of does ordain as follows: SECTION 1: No applicants shall be accepted, prc approved which would change or delete the Cityls: 01 standards adopted pursuant to Chapter 21.90 (Growth b Ordinance) , Chapter 21.95 (Hillside Development Regulat Chapter 21.53 (Open Space and Sensitive Lands) of the Municipal Code. In addition, no changes in existing 01 policies, plans or programs pertaining to open sp'ace allowed that would result in less restrictive uses of opc SECTION 2: Notwithstanding Section 1, final ma parcel maps, building, grading or other ministerial perm: approved for projects which on the date of the adoptio ordinance have had their specific density approved and hav all other final discretionary approvals necessary for thc SECTION 3: No application for a general plan i zone change, master plan or other entitlement will be processed or approved which would decrease the size or di, environmental quality of open space as it is shown o titled, l1Open Space Map, City of Carlsbadll dated August 28 0 sw goz ZOQ OiZ$u. ;:x;; ';Ln do 20 y Ti= u :s &K N vwu 98 -,a m wzoa o=Ym t 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 I 0 a attached hereto as Exhibit IIAlI. The boundaries of the ar on the Open Space Map are not precise and may be adjusted of an approval provided the total acreage of open space is and the quality of the open space is improved. SECTION 4: The City Council shall appoint a citizen's committee to review the City's current Open Sp Open Space Map and related policies and the City's 01 Element of the General Plan and make recommendations to the SECTION 5: On or before September 6, 1988 the Cit shall hold a public hearing to consider extending this ordj ten months and 15 days. The City Clerk is directed to n hearings as required by Government Code Section 65090. DECLARATION OF URGENCY: This ordinance is herebq to be an emergency ordinance adopted as an urgency m protect the public health, safety and welfare and shall tz immediately upon its adoption. The facts constituting the are set forth above and represent a threat to the publi safety or welfare of the citizens of Carlsbad. EFFECTIVE: This ordinance shall be effective ir upon passage and shall be of no further force and eff September 23, 1988 unless extended by Council prior to The City Clerk of the City of Carlsbad shall certify to thl of this ordinance and cause it to be published once in thc Journal within 15 days after is adoption. ~ ... ~ *'* i ." ... 1 - - INTRODUCED, PASSED AND ADOPTED at a regular meetir 2 and thereafter 3 Carlsbad City Council on the 9th day of August 4 AYES: Council Members Lewis, Kulchin, Pettine and Mamau 5 APPROVED AS TO FORM AND LEGALITY 7 ABSENT : None 6 NOES: None 9 gcn -I8 d= 2 ZkU- >>o, (;Or< ,>do zWod WZOU oaym z0 4 >5 5 $d-f sofa L='z >o k 0 8/! 9 10 11 12 13 14 ATTEST: 15 16 ALETHA L. RAUTENKRANZ, CitylClerk 17 i 18 j 19 20 21 22 23 24 25 26 27 i I I I1 28 1 p,, I- - ovtmrwt '. L