HomeMy WebLinkAbout1988-08-09; City Council; 9588; INTERIM ORDINANCE AND OPEN SPACE MAPI
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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/
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ORDINANCE NO. NS-31
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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
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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
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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
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WHEREAS, it is necessary pending public hearing
2 ll recommendations to impose interim land use controls to in
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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
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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.
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1 - - INTRODUCED, PASSED AND ADOPTED at a regular meetir
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and thereafter 3
Carlsbad City Council on the 9th day of August
4 AYES: Council Members Lewis, Kulchin, Pettine and Mamau
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APPROVED AS TO FORM AND LEGALITY 7
ABSENT : None 6
NOES: None
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ATTEST:
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ALETHA L. RAUTENKRANZ, CitylClerk
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