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Home My WebLink About1990-08-21; City Council; 10791; EXTENSION OF INTERIM ORDINANCE REGARDING OPEN SPACEt z 0 F 0 4 .. $ z 3 0 0 ClFF CARLSUAD - AGENDWILL -E: EXTENSION OF INTERIM ORDINANCE DEF y12.L.I 1 ci 7 REGARDING OPEN SPACE Y CIT' I DEPT. PLN I I CIT' 1 1 I I RECOMMENDED AC'T'ION: ADOPT by 4/5 vote Ordinance No. 05- f &? , establishing ter land use controls to protect open space pending completion Work Plan to consider the recommendations of the C: Committee to Study Open Space and set a public hearing fo ten months and fifteen days. ITEM EXPLANATION September 25 1990 to extend the ordinance for an add: -I The City Coun.ci1 on September 12 , 1989 , accepted the fi.nal from the Citizens Committee to Study Open Space. On Decem1 1989, the Council approved a work plan to considt recommendations of the committee report. At the same til Council passed an interim ordinance to protect open space 1 completion of Phase I of the work plan. On July 1, 195 interim ordinance lapsed. At the time Council approv interim ordinance, it was anticipated that all work neces: complete Phase I of the work plan and to consider a revisc Space Element would be completed by July 1, 1990. Howeve: of the tasks have not been entirely completed and addition, is needed. In order to permit staff and the new Open Space A( Committee adequate time to complete the tasks of the WOI and to bring the revised Open Space and Conservation 1 forward to Council , staff has drafted a new interim or( which is attached and is essentially the same as the p: ordinance. In summary, the ordinance contains three features : 1. Prohibits the approval of any development project would delete the amount of open space shown on tf space map recommended by the Citizens Committee. Bc adjustments could be considered if certain findings as recommended in the Report of the Citizens Committ 2. Prohibits the approval of any development project would preclude the potential linkage of larger ope] areas as: shown on the "Comprehensive Open Space Netwo recommended by the Citizens Committee. 3. Requires consideration of the revised Open Space : recommended by the Citizens Committee to be sc: immediately following the completion of the studie: are part of Phase I of the work plan. m 0 PAGE 2 OF AGENDA BILL NO. li.1 r) '71 FISCAL IMPACT Two consulting firms will need to be hired to assist sta completing the: work plan. A consultant was hired to prepal trail study. The cost for the trail study is approxir $42,000. An additional consultant will be needed to addre: Open Space Management Plan, which will include a detailed f: and acquisitioln program. It is anticipated that the work 01 plan will cost between $50,000 and $75,000. An estimate of time and materials to accomplish the entire work plan WOI $50,000. Therefore, the estimate for the total cost of th< plan would be $140,000 to $165,000. EXHIBITS 1. Ordinance No. i) 5- 1-37 , including Exhibit "A" (Compreht Open Space Network Map) a 0 # 1 ORDIN24NCE NO.. NS-127 2 3 4 5 6 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLS TO PROTECT OPEN SPACE PENDING CONSIDERATION OF THE WORK PLAN TO REVIEW THE RECOMMENDATIONS OF THE CITIZEN'S COMMITTEE TO STUDY OPEN SPACE AND CONSIDERATION OF AN UPDATED OPEN SPACE ELEMENT OF THE GENERAL PLAN. 7 The City Council of the City of Carlsbad does ord( 8 WHEREAS, the City Council of the City of Cal 9 follows: 10 WHEREAS, on September 12, 1989, the City Cc 14 to fully protect open space lands in the City; and 13 consistency with the Open Space Element of the General P1z 12 Open Space Plans and Programs and make recommendations to E 11 appointed a 15 member citizen's committee to review the C 15 accepted the Report from the Citizens Committee and referrt 16 consideration and implementation; and 17 recommendations contained in the Report to staff l8 I WHEREAS, one of the recommendations was to cons: 19, revised Open Space Element of the General Plan which includ 20 21 policies and programs proposed by the Citizens Comr regarding the protection and use of open space lands; and 22 WHEREAS, a map was prepared by the Citizens Comr 23 and recommended to be included in the revised Open Space E: 24 which is titled Vomprehensive Open Space Network Mapt1 25 .26 graphically displays the City's existing and proposed futur 28 and 27 space lands and a system to provide linkage between these : e 1 2 3 4 5 W 0 WHEREAS, one of the recommendations was to cor establishment of an Open Space Commission: and WHEREAS, on June 26, 1990, the City Council appc a nine member Open Space Advisory Committee to advise the Council, the Planning Commission, other commissions, boarc 6 staff on the implementation of the recommendations 0: 7 committees as deemed necessary on open space issues, and thc Citizens Committee for Open Space; and 8 9 WHEREAS, on December 19, 1989, the City Cc 10 necessity, pending public hearings, to impose interim contrc 11 approved interim Ordinance No. NS-101 and determinec No. NS-101 until July 1, 1990; and 18 Interim Ordinance No. NS-109, which extended Interim Ordj 17 WHEREAS, on January 23, 1990, the City Council ac 16 Space Network Map, City of Carlsbad dated August 9, 1989; 15 land as identified on Exhibit rtArt entitled "Comprehensive 14 requiring new applications for development to preserve open 13 ensure that public health, safety, and welfare are protect 12 19 WHEREAS, consideration of the work plan to revic 20 ~ WHEREAS, Interim Ordinance No. NS-109 has lapsed 21 consideration of an updated Open Space Element of the Gc 22 recommendations of the Citizens Committee to Study Open Spac Plan has not been completed; and 23 24 ~ *-• 25 26 27 28 2 0 0 1 WHEREAS, the preservation of open space anc 2 3 protection of unique natural resources and environmer ensure that the public health, safety and welfare are prot 9 the Citizens Committee to impose interim land use contrc 8 work plan and holding public hearings on the recommendatic 7 WHEREAS, it is necessary pending implementation c 6 welfare of the residents; and 5 social and economic values of the City and the health, safe1 4 sensitive land is essential to protecting the environmc 10 11 by prohibiting new applications for development which may 27 and 26 A. The Open Space area is of equal or greater 25 may be adjusted if the following findings can be made: 24 The boundaries of the areas shown on the map are not preci: 23 Carlsbad" dated August 9, 1989 attached hereto as Exhibit 22 on the map titled, IvComprehensive Open Space Network Map, C 21 diminish the environmental quality of open space as it is 20 accepted, processed or approved which would decrease the s: 19 SECTION I: No development applications sha: 18 Carlsbad does ordain as follows: 17 NOW, therefore, the City Council of the Cil 16 65858(a) of the California Code, 15 WHEREAS, this ordinance is adopted pursuant to St 14 Space Network Map; and 13 adversely affecting open space as shown on the Comprehensivc 12 conflict with a contemplated general plan amendment and 28 3 I1 e 0 1 B. The Open Space area is of equal or gr 2 environmental quality; and 3 C. The adjusted Open Space is contiguous or w 4 close proximity to the Open Space shown on the map. 5 D. The City Council may also modify the boc 6 which is impacted by development provided the bot 9 sensitive area or to mitigate a sensitive environmental 8 necessary to provide an enhancement to an enviro:nmer 7 location shown on the map if it finds that the modificati 10 modification preserves Open Space at a 2 to 1 ratio and is tr 11 close proximity to the original area of Open Space. 12 SECTION 2: No development applications sha: 13 show how the project does not preclude linkage. 18 development project located in an area of potential linkagc 17 map are not precise and represent conceptual alignments. 16 Space Network Map". The boundaries of the linkage shown c 15 the larger open space areas shown on the I1Comprehensive 14 accepted, processed or approved which would preclude linkz 19 i SECTION, 3 ! No changes in existing ordin; 20 allowed which would result in less restrictive uses or protc 21 policies, plans or programs pertaining to open space shz proposed, revised Open Space Element of the General Plar 26 Committe Report, a public hearing shall be scheduled c 25 the work plan to consider the recommendations of the Ci. 24 SECTION 4: Immediately upon completion of Phasc 23 of open space. 22 27 il 28 4 0 0 1 necessary in order to ensure consistency, amendments to any 2 llelements of the General Plan shall also be considered at 3 11 time. 4 SECTION 5: Notwithstanding Sections 1 and 2, 5 6 maps, final parcel maps, building, grading or other mi:nist adoption of this ordinance have received all other 7 permits may be approved for projects which on the date c 8 9 10 11 12 13 14 discretionary approvals necessary for the project. SECTION 6: On or before 45 days following adopt: this ordinance, the City Council shall hold a public hearj consider extending this ordinance for ten months and fj days. The City Clerk is directed to notice the hearin irequired by Government Code Section 65090. DECLARATION OF URGENCY: This ordinance is 1 15 EFFECTIVE: This ordinance shall be effc 21 Carlsbad. 20 ,Ithreat to the public health, safety or welfare of the citizt 19 constituting the emergency are set forth above and repres 18 shall take effect immediately upon its adoption. The 17 measure to protect the public health, safety and welfar 16 declared to be an emergency ordinance adopted as an UI 22 27 ... 26 its adoption. 25 be published once in the Carlsbad Journal within 15 days 24 shall certify to the adoption of this ordinance and cause 23 immediately upon passage. The City Clerk of the City of Ca: 28 5 // W a 1 INTRODUCED, PASSED ADOPTED ,at a regular meeting o 2 arlsbad City Council on the 21st 990, by the following vote, to wit: 3 day of August I 4 AYES: Council Members Lewis, Kulchin, Larson, Mamaux a1 5 11 NOES: None 6 7 ABSENT : None 8 S TO FORM AND LEGALITY 9 0 121h VINCENT F. BIONDO, JR., City dttorney 10 11 l2I 13 TTEST: 14 11 15, 16 m& 17 18 19 21 20 22 23 25 24 .ALETHA L. RAUTENKRANZ, City Cl)erk .2 6 27 28 6 .' ',\, . t, I