HomeMy WebLinkAbout1990-01-23; City Council; 10465; EXTENSION OF THE INTERIM ORFINANCE REGARDING OPEN SPACE IN ORDER TO ALLOW TIME FOR COMPLETION OF THE WORK PLAN TO STUDY OPEN SPACEc
Q
0 oi: II
9
2
Z 0
4
J
z 3 0 0
..
6
0
ClTWF CARLSBAD - AGENDWILL 2. ,~ -
~~ ~~
AB# /.4/ +&A
TIME FOR COMPLETION OF THE WORK /5 PLAN TO MTG. 1/23/90
TITLE; EXTENSION OF THE INTERIM ORDINANCE /
REGARDING OPEN SPACE IN ORDER TO ALLOW
DEPT. CA STUDY OPEN SPACE I I I
RECOMMENDED ACTION:
Adopt Ordinance No. A3-/ET extending the interim ordil
July 1, 1990.
ITEM EXPLANATION
At its regular meeting of December 19, 1989, the Council
urgency Ordinance No. NS-101 which is effective for 45 days a public hearing for January 23, 1990 in order -to extending the interim ordinance to July 1, 1990. Extensic interim ordinance would provide additional time to c!omp.
work plan without prejudicing the City's ability to comply when it is adopted.
At its regular meeting of January 2, 1990, the Council appr work plan with the understanding that Task 1 regarding t study will also include consideration of maintenance and 1 of the trail system and that Task 2 involving growth ma standards will include the open space subcommittee and th responsible for completing this task.
Extension of the interim ordinance would continue the thr features of Ordinance No. NS-101, namely:
1. It prohibits the approval of any development projet
would delete the amount of open space shown on the OF
map recommended by the Citizen's Committee.
adjustments could be considered if certain findings as recommended in the report of the Citizen's Commit
2. It prohibits the approval of any development proje, would preclude the potential linkage of larger op~ areas as shown on the "Comprehensive Open Space Netw recommended by the Citizen's Committee.
3. It requires consideration of the revised Open Space recommended by the Citizen's Committee to be s immediately following the completion of the studies b part of the phase I of the work plan.
FISCAL IMPACT
Two or three consulting firms will need to be hired to assj in completing the work plan. The City Council has
authorized a consultant to prepare the trail study The
the trail study will be approximately $42,000 and has alrc budgeted. One or two additional consultants will be n
address the overall financing/acquisition program and
Space Management Plan. It is anticipated that the work two items will cost between $50,000 and $75,000. An est
0 e
c
Agenda Bill # /<, ./d2-
Page 2
staff time and materials to accomplish the entire work pl,
be $50,000. Therefore, the estimate for the total cost of
plan would be $140,000 to $165,000.
EXHIBIT
Ordinance No. /t4",@ .
a 0
ORDINANCE NO. NS-109 1
2 I
3
4
5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY ORDINANCE EXTENDING THE TEMPORARY LAND USE CONTROLS IMPOSED BY INTERIM ORDINANCE NO. NS-
101 TO PROTECT OPEN SPACE LANDS IN THE CITY C)F
CARLS BAD. -
WHEREAS, the City Council at its regular me(
6 December 19, 1989, by the adoption of Interim Ordinance No.
7 determined it was necessary pending public hearings
8
welfare are protected by requiring new applications for dev 10
interim controls to insure that the public health, sa: 9
recommendations of a citizen's committee on open spac:e t
11
that ordinance entitled "Comprehensive Open Space Netwc 12
to preserve the open space lands as identified on Exhibi
am ' w ' 13 &ZCb dated August 1989 so that the City Council's consideration: m>
%S"W
mo'o u .S& 15
$os$
WHEREAS, at its regular meeting of January 2, 1
qgy
0 0044 U z O1 14 prejudiced: and z>2z Q+-a
>rn< Glum0
w z 2 d 16 City Council approved the work plan for consider
c2$ 17 recommendations of the report fromthe citizen's committee
Do 18
the proposed trail system and that Task 2 involvin? 20
study will include consideration of maintenance and liab 19
open space with the understanding that Task 1 involving t
21 11 management standards will include the open space subcommi
22
WHEREAS, the City Council at its regular me1 23
the groups responsible for said task; and
24 December 19, 1983 set a public hearing for January 23,
25
28
27
and 26
consider extending Interim Ordinance No. NS-101 to July
I 0 0
1 WHEREAS, the interim ordinance may be extended f
2 II ten months and fifteen days following a noticed public
31 '1 pursuant to Government Code Section 65858 [a),
4 li NOW, THEREFORE, the City Council of the City of
5
6
7
8
9
10
11
does ordain as follows:
SECTION I: That the provisions of Interim Ordin
NS-101 are h'ereby extended to July 1, 1990.
DECLARATION OF URGENCY: This ordinance is
declared to be an emergency ordinance adopted as an urgency
to protect the public health, safety and welfare and. sh
effect immediately upon its adoption. The facts constitut
12
cn>Z 13
<a:": 2zm
oLum 14 -0 w
ooaa z>.jz Q+-a: cqu'o 15 nk
gLX yjZ&b 16
ZO$$ qgy
Om sum
LL '41
>:s 17 to o 18
emergency are those set forth in Ordinance No. NS-101
attachments and represent a threat to the public health, c
general welfare of the citizens of Carlsbad.
EFFECTIVE: This ordinance shall be effective imrr
upon passage and shall be of no further force and effect af
1, 1990 or completion of Phase I of the "work plan" L
occurs first unless, prior to that time, it is extended bq
19
20
21
1 fifths vote of the City Council pursuant to Government Cod€
the adoption of this ordinance and cause it to be publis
65858(a). The City Clerk of the City of Carlsbad shall CE
22 I1 in the Carlsbad Journal within 15 days after is adoption.
23
24
25
26
27
28
~
I. ~
1
a
INTRODUCED, PASSED AND ADOPTED at a regular mc
Om
&Em gang -0 w 0uam OO<< Z>?Z 0,--0:
>ma
m> 2WF
.leg
gwm0 $E&n
ZO$$ '$E?
>Z$ to 0
LL s <-I
21
3
4
5
6
7
8
10
9
-(
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the Carlsbad City Council on the 23rd day of Janus
1990, by the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Lar
NOES: None
ABSENT : Council Member Kulchin
APPROVED AS TO FORM AND LEG
CLAUDE A. LgWIS, Mayor
ATTEST :
d&&i /Rh
ALETHA L. RAUTENKRANZ, Ci* Clerk
' Carlsbad JoGmal
Decreed A Legal Newspaper by the Superlor Court of San Diego County
Mail all correspondence regarding public notice advertising to
North Coast Publishers, Inc. corporate offices: P 0. Box 878, Encinitas, CA 92024
(6 1 9) 753-6543
Proof of Publication
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 entitle
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general c
published twice weekly in the City of Carlsbad, County of San Diego, State of Califorilia, (
newspaper is published far the dissemination of local newsand intelligenceof a general char
which newspaper at all times herein mentioned had and still has a bona fide subscription list
subscribers, and which newspaper has been estclblished, printed and published at regular iI
the said City of Carlsbad, County of San Diego, State of California, for a period exceedin13 one
hereinafter referred to; and that the
preceding the date of publication of
which the annexed is a printed copy,
published in each regular and entire is:
newspaper and not in any supplement
the following dates, to-wit: NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that theCityCounciloftheCityofCarls-
the City Council Chambers, 1200 had will hold a public hearmg at
Elm Avenue, Carlsbad, California, atUOOP.M.,onTuesday,January23, 1990, to consider extending an in- terim ordinance establishing tem- porary land use controls to protect open space pending completion of Phase I of the Work Plan for im- plementing the recommendations of the Citizens Committee to Study Open Space. If you have any questions, please call the Planning Department at 4351161.
Ordinance in court, you may be li- If you challenge the Urgency
mited to raising only those issues
public hearing described in this notlee or in written correspond- ence delivered to the City of Carls- bad City Clerk's Office at or prior to the public hearing. Applicant: City of Carlsbad
CJ 8083: January 12,1990
you or someone else raised at the
CARLSBAD CITY COUNCIL
#202-2M-I2i87
January 12 ...............................
................................
................................
................................
................................
I certify under penalty of perjury that the foregoir
correct. Executed at Carlsbad, County of San Di
California on the 12th.
day of - JanmYr 199-0 i, :p , -
8. r,
~~
Clerk c
*! - ,.
0 0
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hc
a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, CE
at 6:OO P.M., on Tuesday, January 23, 1990, to consider extending an interin
ordinance establishing temporary land use controls to protect open space per
completion of Phase I of the Work Plan for implementing the recommendations
Citizens Committee to Study Open Space.
If you have any questions, please call the Planning Department at 438-1161.
If you challenge the Urgency Ordinance in court, you may be limited to rais:
only those issues you or someone else raised at the public hearing described
this notice or in written correspondence delivered to the City of Carls-bad C
Clerk’s Office at or prior to the public hearing.
APPLICANT: City of Carlsbad
PUBLISH: January 12, 1990 CARLSBAD CITY COUNCIL
e e
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will t a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, Califor1
at 6:OO PM., on Tuesday, January 23, 1990 to consider extending an intc ordinance establishing temporary land use controls to protect open space pen( completion of Phase 1 of the Work Plan for implementing the recommendation! the Citizens Committee to Study Open Space.
Those persons wishing to speak on this proposal are cordially invited to att the public hearing. If you have any questions, please call the Olanr Department at 438-1161.
If you challenge the Urgency Ordinance in court, you may be limited to rai: only those issues you or someone else raised at the public hearing descrribec this notice or in written correspondence delivered to the City of Car’l sbac or prior to the pub1 ic hearing.
APPLICANT: CITY OF CARLSBAD PUBLISH:
CARLSBAD CITY COUNCIL
ala, sv UC
OG cd
U *d
CM a
(do
li ah
24c rJ
ha,
3M OM
3 a, sa, Us
w u
ow
C oc
0
vi 0 u .r(
(d k
a a,
-4 m c 0 V
a, 5
a a, 3
r! C
U C
u 0
n
0 4
r-
m I
z
m d a, U x a,
.-c a,
U
w 0
k a, u U
(d E
.GO a,.
urn m
QI-3 a, m- m TYN
cdh c
k a n(d *o 3 OOSG ma A4 Q V G -c ahlo bc
DWG L-4 hbO
a 3)-1 cd .r!
uaa, add
@?S 0 awCJ (d 0.d
rl MD r-
.163 u Y-4 a CU 3aJk u" 22
cn n3 1 cJ\
7-1
w
-!
-.
z 0
I- o 4
..
-
2 0 z =3 0 0
CI'1)OF CARLSBAD - AGEN[)BlLL
TITL~ORK PLAN FOR CONSIDERING THE RECOMMENDATIONS
-OF THE REPORT FROM THE CITIZENS COMMITTEE TO DE
CI' STUDY OPEN SPACE
CI-
RECOMMENDED ACTION:
Approve work plan considering the recommendations of he Citizens Cor. Study Open Space. Adopt by 4/5th vote Ordinance No. /Js -/dl esl temporary land use controls to protect open space pending completion of I the work plan and set a pub1 ic hearing for January 23, 1990 to extend the to July 1, 1990. 1 ITEM <iPLANATION
The City Council on September 12, 1989 accepted the Final Report from the Committee to Study Open Space. Staff was directed to return to Council w: plan for doing the studies and analysis necessary to consider the recomn contained in the Report. At that time, the Council also discussed the poss of having ad hoc committees work with staff during consideration recommendations. Attached is the proposed work plan. The work plan incl u
~ recommendations for the use of ad hoc committees if that is the Council ' , When the City Council accepted the Citizens Committee Report, the COUI referred a revised Open Space and Conservation Element prepared by the 01 Committee to the Planning Commission Subcommittee which is preparing ar General P1 an. After reviewing the proposed, revised Element, the Commission Subcommittee recognized that it contained policies and progr; were inconsistent with the updated Parks and Recreation Element. The Sub1 felt that these inconsistencies could not be resolved until the studies b8
' as part of Phase I of the work plan were completed. Therefore, staff
Planning Commission Subcommittee are recommending that consideration of thl
Open Space Element proposed by the Citizens Committee be deferred until 1 1 studies are completed. The background and reasons for this strategy are c in greater detail in the attached memo to the City Manager from the Director dated November 22, 1989.
Staff and the City Council Subcommittee have discussed this matter I
that the only way they would feel comfortable with delaying consideratio revised element was if an interim ordinance was prepared. Staff has dr interim ordinance which is attached. In summary, the ordinance contains thr features:
~ Executive Subcommittee of the Citizens Committee to Study Open Space. It
1. Prohibits the approval of any development project which would de amount of open space shown on the open space map recommended Citizens Committee. Boundary adjustments could be considered if findings are met as recommended in the Report of the Citizen Com
2. Prohibits the approval of any development project, which would prec potenti a1 1 inkage of 1 arger open space areas as shown on the "Comprc Open Space Network Map" recommended by the Citizens Committee.