HomeMy WebLinkAbout1998-08-04; City Council; 14807; Carlsbad Ranch Overlay Zoneco Q\ \ u . co
EXTENSION OF URGENCY ORDINANCE NS-424 AND
REPORT ON THE CARLSBAD RANCH OVERLAY ZONE
RECOMMENDED ACTION:
That the City Council ADOPT Urgency Ordinance No. /v,?- 4GY extending Urgency Ordinance
NS-424 for one additional year to allow for the completion of the new overlay zone ordinance.
ITEM EXPLANATION:
This agenda bill serves three purposes: (1) to request the extension of Urgency Ordinance NS-424
consistent with California Government Code Section 65858; (2) to provide a written summary, as
required by Section 65858, describing the actions taken since urgency ordinance adoption; and, (3)
to provide a conceptual preview of the future overlay zone.
On September 2, 1997, the City Council adopted an urgency ordinance (NS-418) requiring Council’s
review and approval of commercial projects for a specified area around the Carlsbad Ranch/Leg0
Specific Plan that would otherwise receive final approval from the Planning Commission. Consistent
with the state law requirements of Section 65858 which governs urgency ordinances, the Council
extended NS-418 on October 15, 1997 via NS-424. Adoption of NS-424 validated the urgency
ordinance until August 30, 1998. Section 65858(a) allows extension of the urgency ordinance for a
one year term. Adoption of NS- 454 will extend the urgency ordinance until August 30, 1999.
Within the one year period, staff work on the overlay zone will be completed, presented to the
Planning Commission and then to the City Council for final consideration. After Council action and
within the one year time extension, the overlay zone will be submitted to the Coastal Commission to
apply the new ordinance to coastal zone properties within the overlay zone.
Since Council action on October 15, 1997, the measures taken to alleviate the conditions leading up
to urgency ordinance adoption have focused on research and investigation of various options for the
mechanics and contents of a future overlay zone. Research has involved investigations of similar
circumstances and solutions in communities in California and other states. On March 12, 1998, the
Council conducted a workshop on development of the overlay zone and provided staff with input and
direction. On April 30, 1998, staff with the Mayor and Mayor Pro-Tern went on an all day field trip to
the Anaheim/Buena Park area to view the commercial developments adjacent to Disneyland and
Knott’s Berry Farm. The field trip was very instructive, identifying undesirable elements of the built
environment such as over-signage, inadequate landscaping and architectural control, and the
overproliferation of certain uses. In addition, staff is preparing an inventory of certain uses such as
hotels/motels, gas stations, and restaurants.
Currently, commercial projects located within the urgency ordinance boundaries are forwarded on to
Council for final approval where the Planning Commission would have otherwise been the final
decision maker. However, inquiries regarding land use designation changes, or the possibility of
securing a potentially allowed conditional use for a given zoning district, are directed to wait for the
completion of the overlay zone.
Based on the work that has been done thus far, staff anticipates that the overlay zone will focus on
the following elements:
l Increased sionaoe and architectural control: regulations will be drafted to control the
appearance of new commercial/tourist-serving development within the overlay zone.
’ PAGE 2 OF AGENDALLL NO. 14; go? - .
l Council approval as part of the standard entitlement process: provisions will be made to ailow
the Council to review/approve applicable projects within the overlay zone as part of the standard
entitlement approval process.
l Use separation standards for designated sensitive uses: the Council has identified certain uses
as being sensitive and the objective is to not allow for an overproliferation of these sensitive uses
in the overlay zone. These sensitive uses include restaurants, gas stations, gas stations/mini
marts selling liquor and motels/hotels.
In addition, the proposed overlay zone may have certain elements and/or regulations which could be
considered for citywide application once established in the overlay zone.
FISCAL IMPACT:
The only anticipated fiscal impact would be staff time to process the necessary entitlements through
the City and Coastal Commission approval processes.
EXHIBITS:
1. Urgency Ordinance No. N S- q S q
1 ORDINANCE NO. m-454
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, EXTENDING URGENCY
ORDINANCE NO. NS-424 TO REQUIRE COUNCIL’S FINAL
REVIEW AND APPROVAL OF COMMERCIAL PROJECTS
AROUND THE LEGOLAND/CARLSBAD RANCH SPECIFIC
PLAN AREA
WHEREAS, at its regular meeting of October 15, 1997, the City Council adopted
7 Urgency’ Ordinance No. NS-424 which extended Urgency Ordinance No. NS-418 for ten
8 months and fifteen days until August 30, 1998 and requires Council approval for projects
9 located near Carlsbad Ranch; and
10 WHEREAS, Government Code Section 65858(a) allows the City Council to
11 extend Ordinance NS-424 for a one year period until August 30, 1999 if a publicly noticed
12 hearing is held at least 10 days prior to the expiration of NS-424 in combination with a written
13 summary of the actions taken to alleviate the conditions leading up to the initial urgency
14
15
ordinance adoption; and
WHEREAS, this ordinance is adopted pursuant to Government Code Section
16
17
18
19
20
21
22
23
24
25
26
65858(a) allowing the extension of such urgency ordinance by a four-fifths vote of its legislative
body and addressing any uses which may be in conflict with a zoning proposal (new overlay
zone) which the City is considering.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION I: That the above recitals are true and correct.
SECTION II: The area covered by this urgency ordinance (see attached
map) and subject to immediate Council involvement is bordered by Carlsbad Boulevard to the
west, Cannon Road to the north, the eastern edge of the Carlsbad Ranch property south to
Palomar Airport, east to the intersection of Palomar Airport Road and Aviara Parkway, and
south to Poinsettia Lane which forms the southern boundary.
27 II SECTION III: For the area described above, pending and future commercial I
28 projects subject to Planning Commission review shall be required to undergo City Council
3
. .
. .
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
28
review and approval regardless of current zoning ordinance regulations regarding the review
and approval of land use entitlements.
I DECLARATION OF URGENCY: This ordinance is hereby declared to be an
emergency ordinance adopted as an urgency measure to protect the public health, safety and
welfare and shall take effect immediately upon its adoption. The facts constituting the
emergency are set forth above and represent a current and immediate threat to the public
health, safety and welfare.
EFFECTIVE DATE: This ordinance shall be effective immediately upon passage
and shall be of no further force and effect after one year or until the zone code and local coastal
program amendments are considered and acted upon, whichever occur first. No further
urgency ordinance extensions are allowed by Government Code Section 65858.
At least ten days prior to the expiration of this interim ordinance the City Council
shall issue a written report describing the measures it has taken to alleviate the conditions
which led to the adoption of this ordinance.. The City Clerk of the City of Carlsbad shall certify
to the adoption of this ordinance and cause it to be published at least once in a newspaper of
general circulation in the City of Carlsbad within fifteen days after its adoption.
SEVERABILITY CLAUSE: If any section, subsection, sentence, clause, phrase
or part of this division is for any reason held to be invalid or unconstitutional by the final decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
parts of this chapter. The City Council hereby declares that it would have adopted this division
and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact
that any one or more sections, subsections, clauses, phrases, or parts be declared invalid or
unconstitutional.
/II
I//
Iti
//I
-2-
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
28
INTRODUCED, PASSED AND ADOPTED, at a regular meeting of
City Council on the 4th day of August , 1998, by
the following vote:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
(SEAL)
APPROVED AS TO FORM AND LEGALITY
R. BALL, City Attorney
AREA SUBJECT TO
URGENCY ORDINANCE
CITY OF CARLSBAD Affidavit of Publication of
1200 CARLSBAD VILLAGE DR
CARLSBAD, CA 92008 Legal Classified Advertisement
P105038
Ordered by: SHERRIE WORRELL
STATE OF CALIFORNIA) ss.
County of San Diego}
The Undersigned, being duly sworn,
deposes and says: That.... She is a
resident of the County of San Diego.
THAT....She is and at all times herein mentioned
was a citizen of the United States, over the age
of twenty-one years, and that . . . . . . . . . . She is not a
party to, nor interested in the above entitled
matter; that . . . . She is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief
Clerk for the publisher of . . . . . . . . . . . . . . . . . . . . .
The San Diego Union-Tribune
a newspaper of general circulation, printed and
published daily in the City of San Diego, County
of San Diego, and which newspaper is published
for the dissemination of local news and
intelligence of a general character, and which
newspaper at all the times herein mentioned had
and still has a bona fide subscription list of
paying subscribers, and which newspaper has
been established, printed and published at
regular intervals in the said City of San Diego,
County of San Diego, for a period exceeding one
year next preceding the date of publication of the
notice hereinafter referred to, and which
newspaper is not devoted to nor published for
the interests, entertainment or instruction of a
particular class, profession, trade, calling, race,
or denomination, or any number of same; that
the notice of which the annexed is a printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following date, to-wit:
JULY 25,1998
Subscribed and SwoPn to before me this
didU4QlM Notmy Public% and for the said County a&State
(Form A)
10: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached arc the matctlals necessary for you to notice
Extension of Urgency Ordinance NS-424 and Report on the Carlsbad Ranch Overlay Zone
for a public hearing before the Clty Council.
Please notice the item for the council meeting of August 4, 1998
Thank you.
Assistant City Han-- .
l/8 Page Ad
July 20, 1998
Date
-
NOTICE OF PUBLIC HEARING
EXTENSION OF URGENCY ORDINANCE RELATING TO COMMERCIAL
PROJECTS IN THE PROXIMITY OF CARLSBAD RANCH/LEG0 LAND
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00
p.m., on Tuesday, August 4, 1998, to consider an extension of an Urgency Ordinance relating to
the processing of commercial projects in proximity to Carlsbad Ranch. The area included in this
Urgency Ordinance and subject to immediate Council involvement is bordered by Carlsbad
Boulevard to the west, Cannon Road to the north, the eastern edge of the Carlsbad Ranch property south to Palomar Airport, east to the intersection of Palomar Airport Road and Aviara
Parkway, and south to Poinsettia Lane and the parcel at the northwest intersection of I-5 and
Cannon Road. The Urgency Ordinance requires any pending commercial projects which have
not received final approvals on property generally located in the area described to be brought
before the City Council for final review and consideration where the Planning Commission
would otherwise be the final decision-maker. The Urgency Ordinance as proposed would only
apply to commercial projects and not residential, office or industrial uses, nor would it place a
moratorium on the processing of any commercial projects that do not involve land use
designation changes.
Persons are cordially invited to attend the public hearing and provide the decision makers with
any oral or written comments they may have regarding the project. The project will be described
and a staff recommendation given, followed by public testimony, questions and a decision.
Copies of the staff report will be available on or after Thursday, July 3 1, 1998.
If you have any questions regarding this matter, please contact Eric Munoz, in the Planning
Department, at (760) 438-l 161, extension 4441.
If you challenge the Urgency Ordinance Extension in court, you may be limited to raising only
those issues raised by you or someone else at the public hearing described in this notice, or in
written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the
public hearing. The time within which you may judicially challenge this Urgency Ordinance
Extension, if approved, is established by state law and/or city ordinance and is very short.
APPLICANT:
PUBLISH:
City of Carlsbad
July 24,199s - North County Times
July 24,1998 - Union Tribune
CITY OF CARLSBAD
CITY COUNCIL
CARLSBAD UNIF SCHOOL DIST SD COUNTY PLANNING
801 PINE AVE STE B
CARLSBAD CA 92008 5201 RUFFIN RD
SAN DIEGO CA 92123
CITY OF SAN MARCOS CITY OF OCEANSIDE
1 CIVIC CENTER DR 300 NORTH COAST HWY
SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054
CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY
STE 50 STE B
330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD
LONG BEACH CA 90802 SAN DIEGO CA 92124-1331
LAFCO AIR POLLUTION CNTRL DIST
1600 PACIFIC HWY 9150 CHESAPEAKE DR
SAN DIEGO CA 92101 SAN DIEGO CA 92123
U.S. FISH & WILDLIFE
2730 LOKER AVE WEST
CARLSBAD CA 92008
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
DEPT
CA COASTAL COMMISSION
STE 200
3111 CAMINO DEL RIO NO
SAN DIEGO CA 92108
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
(ABOVE ADDRESS - For City
Council Notices Only)
CITY OF CARLSBAD
PUBLIC WORKS/COMMUNITY
SERVICES
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
PROJECT PLANNER
ERIC MUNOZ
. PROOF OF PUBLf-TlON
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
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
entitled matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
July 24, 1998
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
San Marcos Dated at California, this 5thday
of 1998
----- f2izLe&zr&-- ---- -
NORTH COUNTY TIMES
Legal Advertising
This space -x the County Clerk’s Filing Stamp
Proof of Publication of
Notice of Pub!.ic Hearing
--------i-----------_,,___
%-.--+..-r.Pq--'----
I
NOTICE OF PUBLIC HEARING
EXTENSION OF URGENCY ORDINANCE RELATING
TO COMMERCIAL PROJECTS IN THE PROXIMITY
OF CARLSBAO RANCH/LEG0 LAND
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a pubhc hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 600 p.m., on Tuesday, August 4,1998, to consider an extension of an Urgency Ordinance relating to the processing of commercial projects in proximity to Carlsbad Ranch. The area included in this Urgency Ordinance and subject to immediate Council involvement is bordered by Carlsbad Boulevard to the west, Cannon Road to the north, the eastern edge of the Carlsbad Ranch property south to Palomar Airport, east to the intersection of Palomar Airport Road and Aviara Parkway, and south to Poinsettia Lane and the parcel at the northwest intersection of l-5 and Cannon Road. The Urgency Ordinance requires any pending commercial projects which have not received final approvals on property generally located in the area descrrbed to be brought before the City Council for final review and consrderation where the Planning Commrssion would otherwrse be the final decision-maker. The Urgency Ordinance as proposed would only apply to commercial prefects and not residential, office or industrial uses, nor would it place a moratorium on the processing of any commercial projects that do not involve land use designation changes.
Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after Thursday, July 30,1998.
If you have any questions regarding this matter, please contact Eric Munoz, in the Planning Department, at (760) 438-l 161, extension 4441.
If you challenge the Urgency Ordinance Extension in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerks Office at, or prior to, the public hearing. The time within which you may judicially challenge this Urgency Ordinance Extension, if approved, is established by state law and/or city ordinance and is very short.
APPLICANT City of Carlsbad
CD-Y OF CARLSBAD CITY COUNCIL
-
City of Carlsbad
August II,1998
San Diego County Law Library
North County Branch
325 South Melrose, Suite 300
Vista, CA 92083-6697
Enclosed for yo4r records, please find the following copy(ies) of Ordinance
No(s). NS-454. adopted by the Carlsbad City Council on Auqust 4. 1998.
If you have any questions please call the City Clerk’s office.
KATHLEEN D. SHOUP ’
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 a9
City of Carlsbad
August II,1998
San Diego County Law Library
1105 Front Street
San Diego, CA 92101
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-454, adopted by the Carlsbad City Council on August 4.1998.
If you have any questions please call the City Clerk’s office.
‘-. ‘c, . (,i&& / (7
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @
City of Carlsbad
August II,1998
Book Publishing Company
201 Westlake Avenue North
Seattle, WA 98 109-5293
Enclosed for your records, please find the following copy of Urgency Ordinance
No. NS-454 which was adopted by the Carlsbad City Council on Auaust 4. 1998.
If you have any questions please call the City Clerk’s office.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 - (760) 434-2808 49