HomeMy WebLinkAbout1988-09-06; City Council; 9627; INTERIM ORDINANCE REGARDING OPEN SPACEI
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AB#* DEI TITLE: INTERIM ORDINANCE REGARDING
~ 9/6/88 OPEN SPACE
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RECOMMENDED ACTION:
Adopt Ordinance No. /vf+3d extending the Interim Ord Regarding Open space to August 8, 1989.
ITEM EXPLANATION
On August 9, 1988, the City Council adopted Interim 0rdi.nan'
NS-31 regarding open space which was the result of an agr, worked out by a Council Subcommittee and the Save Open
(SOS) Committee. The ordinance locks into place the
current open space plan including an updated map unt.il member citizens committee can review the plan.
The ordinance locks in the updated map. It prohibit processing of any applications which would decrease the s:
environmental quality of any open space area identified c map. The ordinance also prohibits any requests to char delete the city's open space standards.
Interim Ordinance No. NS-31 was adopted as a temporary, eme: measure at the Council meeting of August 9, 1988. At that the Council referred it to the Planning Commission and schc a subsequent City Council hearing for September 6, 19 consider extending the ordinance.
The Planning Commission held a public hearing to revie ordinance on August 17, 1988 and is recommending that extended. Therefore, staff recommends that the City CI adopt Ordinance No. /I(!- 3 6 extending Interim Ordinanc
NS-31 to August 8, 1989.
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By minute-motion (7-O) , the Planning Commission recommendec the following specific open space items be addressed b Citizens Committee:
I 1) The use of SDG&E Easements for Open Space - if im]
for recreational purposes, should they be c( towards meeting the 15% open space perf01
standard?
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2) A program for the orderly acquisition of open : Should criteria and a plan be established?
3) A more specific definition of open space. Should
be a distinction between officially-desigr permanent open space and non-designated open spact
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Page Two of Agenda Bill 4’6A 7
September 6, 1988
4) All city standards and provisions related to open $
should be consolidated.
Attachments:
City Council Ordinance No. d!- 36
Interim Ordinance No. NS-31
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I ORDINANCE NO. NS-36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY
MEASURE EXTENDING THE TEMPORARY LAND USE
CONTROLS IMPOSED BY INTERIM ORDINANCE NO. NS-31 TO PROTECT OPEN SPACE LANDS IN THE CITY OF CARLSBAD.
WHEREAS, the City Council at their meeting of A
1988 by the adoption of Interim Ordinance No. NS-31 deter
was necessary pending public hearings on the recommend.atic
citizen's committee on open space to impose interim coni
ensure that the public health, safety and welfare are prot
requiring new applications for development to preserve 1
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space lands on the City's interim open space map so that -
Council's considerations are not prejudiced; and
WHEREAS, the City Council at their meeting of S
6, 1988 held a public hearing to consider whether or not t
the interim controls and after hearing all persons desiring
determined that the public health, safety and welfare requ
the interim controls be extended and not to exceed a periol
months and fifteen days.
WHEREAS, this ordinance is adopted pursuant to
65858(a) of the California Government Code,
NOW, therefore, the City Council of the City of
does ordain as follows:
SECTION 1: That the provisions of Interim Ordina
No. NS-31 are hereby extended for ten months and fifteen day
as follows:
A. Page 2, Line 10 change "applicantsaf to fvapplic
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1 B. Page 3, Lines 3 and 4 change "provided tl
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decreased and the quality of open space is not diminished. 4
is improvedtt to Itprovided the total acreage of open spac 3
acreage of open space is increased and the quality of the OF
5 DECLARATION OF URGENCY: This ordinance is hereby
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are set forth in Ordinance No. NS-31 and represent a t:hrez g
immediately upon its adoption. The facts constituting the c 8
protect the public health, safety and welfare and shall tal 7
to be an emergency ordinance adopted as an urgency me
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EFFECTIVE: This ordinance shall be effective imn 11
public health, safety or welfare of the citizens of Carlsk
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City Clerk of the City of Carlsbad shall certify to the adc 0 w 5 14
August 8, 1989 unless extended by Council prior to the dz 8 m 13
upon passage and shall be of no further force and effe
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g-4 25 5; z 9 15 this ordinance and cause it to be published once in the m5.r4
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INTRODUCED, PASSED AND ADOPTED at a regular meeti '5 !$ 17
Journal within 15 days after is adoption.
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0 18 Carlsbad City Council on the 6th day of September
19 ~ by the following vote, to wit:
20 I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux
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ABSENT : None 22
NOES : None
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ORDINANCE NO. NS-31
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CI'
OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENI
MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLS I
PROTECT OPEN SPACE PENDING CONSIDERATION BY THE CI'
COUNCIL OF RECOMMENDATIONS FROM A CITIZEN
COMMITTEE AFTER REVIEW OF THE OPEN SPACE ELEMENT I
FOR OPEN SPACE LANDS.
The City Council of the City of Carlsbad does
THE GENERAL PLAN AND THE CITY'S OTHER REGULATIONS
follows:
WHEREAS, as part of the City of Carlsbad's Growth 1
Plan, standards were adopted to restrict the devell
environmentally sensitive areas in the City and to r-
preservation of open space; and
WHEREAS, a map has been prepared which is tit1
Space Map, City of Carlsbadtt which graphically displays t
existing and proposed future open space lands required
management: and
WHEREAS, the City Council of the City of Car
determined to appoint a 15 member citizen's committee to 1
City's Open Space Element of the General Plan and Open S
and make recommendations to insure consistency wit
Management and fully protect open space lands in the City
WHEREAS, the preservation of open space and the F
of unique natural resources and environmentally sensitiv
essential to protecting the environmental, social and
values of the City and the health, safety and welfar
residents; and
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WHEREAS, it is necessary pending public hearin
recommendations to impose interim land use controls to i:
the public health, safety and welfare are protected by p.
new applications for development from adversely affecting I
as shown on the Open Space Map; and
WHEREAS, this ordinance is adopted pursuant t
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 City's 01
standards adopted pursuant to Chapter 21.90 (Growth F
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 or
policies, plans or programs pertaining to open space
allowed that would result in less restrictive uses of ope
SECTION 2: Notwithstanding Section 1, final ma:
parcel maps, building, grading or other ministerial permi
approved for projects which on the date of the adoptio~
ordinance have had their specific density approved and havc
all other final discretionary approvals necessary for the
SECTION 3: No application for a general plan a
zone change, master plan or other entitlement will be
processed or approved which would decrease the size or dim
I environmental quality of open space as it is shown on
' titled, "Open Space Map, City of Carlsbad" dated August 1
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attached hereto as Exhibit I'A''. The boundaries of the are
on the Open Space Map are not precise and may be adjusted E
of an approval provided the total acreage of open space is j
and the quality of the open space is improved.
SECTION 4: The City Council shall appoint a 1
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 t:o n
hearings as required by Government Code Section 65090.
DECLARATION OF URGENCY: This ordinance is hereby
to be an emergency ordinance adopted as an urgency ml
protect the public health, safety and welfare and shall t;
immediately upon its adoption. The facts constituting the
are set forth above and represent a threat to the publj
safety or welfare of the citizens of Carlsbad.
EFFECTIVE: This ordinance shall be effective i1
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 th
of this ordinance and cause it to be published once in th
Journal within 15 days after is adoption.
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INTRODUCED, PASSED AND ADOPTED at a regular meeti
' Carlsbad City Council on the 9th day of August
and thereafter
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AYES: Council Members Lewis, Kulchin, Pettine and MamaL
NOES: None
ABSENT : None
APPROVED AS TO FORM AND LEGALITY
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ATTEST:
ALETHA L. RAUTENKRANZ, CityjClerk
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0 ~r-" FOR THE INFORMATI
THE CITY COUN(
To: City Manager
From: Planning Director
c 1 2A253B" DATE CITY
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Date: September 2, 1988
Item #13 - Council meeting on September 6, 1988 - AB a962
The City Council needs to approve the following changes
text of Interim Ordinance No. NS-31 regarding open space:
1. Page 2, Line 10 change "applicants1' to Itapplications
2. Page 3, Lings 3 and 4 change "provided the total ac'
open space is increased and the quality of the open
irnprovedl1 to "provided the total acreage of open E
not decreased and the quality of open space
diminished".
Michael Holzmiller
Planning Director
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SIEMON, LARSEN & MARSH
L LAW OFFICES
4000 MAcARTHUR BOULEVARD, SUITE 5700
NEWPORT BEACH, CALIFORNIA 92660
THIRD FLOOR
47 WEST POLK
CHICAGO, ILLINOIS 60605
312-939-7117 TELEPHONE 714-752-1536
153 E. PALMETTO PARK ROAD
SUITE 219
86CA RATbhl. CL6RIBA 33452
407-168-3808
TELECOPIER 714-476-8110
September 6, 1988
Mr. Michael J. Holzmiller Planning Director City of Carlsbad
2075 Las Palmas Carlsbad, California 92009
Re: Interim Ordinance and Open Space Map
Dear Mr. Holzmiller:
On behalf of our client, Hughes North County
Assaciatea (llHughes11) , this is to confirm that the Interim Ordinance and Open Space Map approved by the Carlsbad City Council on August 9, 1988 will affect only those lands identified as Parcel 2 on the Hughes Tentative Minor Subdivision Map No. 711 which are located within the Buena Vista Creek Channel and zoned "Open Space." The Ordinance will not affect the lands identified as Parcel 3 on the Tentative Minor Subdivision Map No. 711 which are located north of the Buena Vista Creek Channel and currently zoned for commercial use. Due to its small size, the Open Space Map attached to the Ordinance does not clearly show that Parcel 3 is excluded from the 0-S Zone and not subject to any open space restrictions. We wish to avoid any possibility of confusion on this matter caused by the scale of the map.
Wilma Diepersloot of your offices confirmed our understanding of the applicability of the Interim Ordinance
by telephone on Friday, September 2, 1988. Ms. Diepersloot
informed US that the Interim Ordinance will apply only to the land zoned "Open Space" within the Buena Vista streambed. She confirmed that the lands identified as Parcel 3 on the north side of the Creek Channel are not intended to be and are not subject to the Ordinance or any extension thereof.
It is our understanding that under the current zoning, as well as the Interim Ordinance, the lands within the streambed will be limited to uses permitted within the
0-S Zone, including transportation rights-of-way. The uses
of Parcel 3 will be as set forth in the Zoning Code, subject
A m 0
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Mr. Michael J. Holzmiller
September 6, 1988 Page Two
to any map restrictions, and will not be affected or limited
by the Interim Ordinance or any extension.
Thank YOU for your assurances in this matter. On the
basis of my conversation with Ms. Diepersloot and our review
of the zoning, Hughes does not object to extension of the
Interim Ordinance. To avoid any future confusion, though,, we
hereby request inclusion of a statement in the record that: Parcel 3 is excluded from the Interim Ordinance and Open
Space Map, despite the imprecision of any boundaries shown on
the City-wide or reduced maps.
Very truly yours, n
&&$A x.@s P orah M. Rosenthal or SIEMON, LARSEN & MARSH
DMR/mae
cc: Mr. Thomas €I. Purcell Mr. Brian A. McConnell
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@ NOTICE OF PUBLIC HEARING e
OPEN SPACE ORDINANCE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at
6:OO P.M., on Tuesday, September 6, 1988, to consider an ordinance prohibiting
acceptance, processing or approval of any requests to modify or delete the oper
provisions of the Carlsbad Municipal Code or to decrease the size or diminish i
environmental quality of open space shown on the City's open space map.
If you have any questions regarding this matter, please call the Planning Ilepa~
at 438-1161.
If you challenge the ordinance in court, you may be limited to raising only thc
issues you or someone else raised at the public hearing described in this notic
or in written correspondence delivered to the City of Carlsbad City Clerk's Of:
at or prior to the public hearing.
APPLICANT: City of Carlsbad
PUBLISH: August 26, 1988 CARLSBAD CITY COUNCIL
1.- - - ~-___ __-__ (I WRITE IT-DON'T SAY 1T INTER-DEPARTMENT MEMORANDL
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TO DATE 'It7 19 p 2 P". LA/
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TU, il ____\\. u ip&? > R 'W'LYEK PLY SERVICE ON &NE THIS SHEET FROM STANDARD INTER DEPT. MEMO ____ ___ FORM
@ NOTICE OF PUBLIC HEAR-
NOTICE IS HEREBY GIVEN that the Planning Commission of the
of Carlsbad will hold a public hearing at the Council Chan
August 17, 1988, to consider approval of an ordinance prohik
acceptance, processing or approval of any requests to modi
delete the open space provisions of the Carlsbad Municipal
or to decrease the size or diminish the environmental qualj open space shown on the City's open space map.
Those persons wishing to speak on this proposal are con invited to attend the public hearing. If you have any quesl please call the Planning Department at 438-1161.
If you challenge the ordinance in court, you may be limit raising only those issues you or someone else raised a
public hearing described in this notice or in WI
correspondence delivered to the City of Carlsbad at or prj the public hearing.
1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednf
APPLICANT : CITY OF CARLSBAD
PUBLISH: AUGUST 5, 1988
CITY OF CARLSBAD PLANNING COMMISSION
I. m
I Hufman Planning Associates
6994 El Camino Real, Suite 208 Carlsbad, CA 92009
Rick Engineering Company
3088 Pi0 Pic0 Drive, Suite 202 Carlsbad, CA 92008
Art Bishop
SDG&E
101 Ash Street San Diego, CA 92112
Jack Henthorn Associates
2892 Jefferson Carlsbad, CA 92008
Turrini & Brink
1920 E. 17th Street, Suite 200 Santa Ana, CA 92701
The Lightfoot Planning Group
702 Fourth Street
Oceanside, CA 92054
La Costa Ranch Company c/o Ross McDonald
Carlsbad, CA 92008
Kaufman & Broad of San Diego, Inc.
12520 High Bluff Drive, Suite 120 San Diego, CA 92130
Alltex Inc.
701 Palomar Airport Road
Carlsbad, CA 92009
P.O. BOX 9000-266
Sammis Properties
2650 Camino Del Rio North #lo0 San Diego, CA 92108
McKellar Development of La Jolla
5151 Shoreham Place San Diego, CA 92122
The Buie Corporation
16536 Bernard0 Center Dr., Suite 200 San Diego, CA 92128
Bieri/Avis
11300 Sorrento Valley Road, Suite 101
San Diego, CA 92121
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The Gentry cmpany
7220 Trade Street, San Diego, CA 9212.
The Woodward Compal
5100 Campus Drive
Newport Beach, CA !
HPI
7707 El Camino Rea Carlsbad, CA 92009
Scripps Hospital
c/o Brown and Lear:
11545 Sorrento Val.
Suite 314
San Diego, CA 9212