HomeMy WebLinkAbout1999-06-08; City Council; 15252; Extend Urgency Ordinance NS-473 Regarding PermitsBB# /<, 35ii
MTG. 6108199
DEPT. ENG
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Cu IY OF CARLSBAD -AGENDA BILL
TITLE- EXTENSION OF URGENCY ORDINANCE NS-473
PROHIBITING THE APPROVAL OF ANY BUILDING PERMIT
OR OTHER DEVELOPMENT PERMITS OR APPROVALS IN
LOCAL FACILITIES MANAGEMENT ZONES
5, 10, 15, 16, 17, 18,20,AND21 CITY MGR-
RECOMMENDED ACTION:
Adopt Urgency Ordinance No. w extending Urgency Ordinance NS-473 for ten (10) months
and fifteen (15) days, to allow for the completion of additional traffic studies.
ITEM EXPLANATION:
This agenda bill is to request the extension of Urgency Ordinance NS-473 consistent with California
Government Code Sections 65858 and 36937. On April 27, 1999, the City Council adopted without
prior notice Urgency Ordinance NS-473, enacting a moratorium prohibiting the approval of any
building permit or other development permits or approvals in Local Facilities Management Zones 5,
IO, 15, 16, 17, 18, 20, and 21. Adoption of NS- 441 will extend the Urgency Ordinance until
April 27, 2000. Within that time period, traffic studies will be completed and a final determination of the appropriate fee will be made.
Establishment of the final fee will require updating of the citywide traffic model, project costs
determined, environmental review completed, benefit analysis and allocation of fee responsibility.
The final fee will require Council hearings to adopt. The full time period will be required to complete this work. In the interim time period, those constructing will be required to pay the estimated fee and
enter into an agreement to pay any adjustments when finally adopted.
FISCAL IMPACT:
Council previously allocated $1,000,000 to guarantee the construction of right-turn lanes at
Palomar Airport Road and El Camino Real to mitigate the circulation deficiency. These funds will be
reimbursed through adopted development fees.
EXHIBITS:
1. fir(l Urgency Ordinance No. #/ extending Urgency Ordinance NS-473 for ten (10)
months and fifteen (15) days, to allow for the completion of additional traffic studies.
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1 ORDINANCE NO. NS-491
2 EXTENSION OF URGENCY ORDINANCE NS-473 PROHIBITING
3 THE APPROVAL OF ANY BUILDING PERMIT OR OTHER
DEVELOPMENT PERMITS OR APPROVALS IN LOCAL FACILITIES
4 MANAGEMENT ZONES 5,10,15.16.17.18,20 AND 21.
5 WHEREAS, at its regular meeting of April 27, 1999, the City Council adopted without
6 notice Urgency Ordinance No. NS-478, which placed a Growth Management moratorium on Local
7 Facilities Management Zones 5, 10, 15, 16, 17, 18, 20 and 21 for a period of forty-five (45) days;
8 and
9 WHEREAS, Government Code Section 65858 allows the City Council to extend
10 Ordinance NS-473 for ten (10) months and fifteen (15) days until April 27, 2000 at a public
,, hearing following at least ten (10) days prior notice, prior to expiration of NS-473; and
12 WHEREAS, alternatively the City Council adopted the urgency measure pursuant to
13 Government Code Sections 36934 and 36937 for the immediate preservation of the public peace,
health, or safety based on the facts as set forth in the recitals to the ordinance and the
14 facts contained in Agenda Bill No. 15141 and the facts as elicited at the public hearings of
15 April 13, 1999, April 27, 1999, and June 8,1999; and
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WHEREAS, this ordinance is adopted pursuant to Government Code Sections 65858(a)
and/or 36937 allowing the extension of such urgency ordinance by a four-fifths vote of its
18 legislative body; and
19 WHEREAS, traffic studies to finally determine which of the City’s Local Facilities
20 Management Zones will be obligated to pay their fair share of the cost to construct improvements
21 at the El Camino Real and Palomar Airport Road intersection; and
22 WHEREAS, completion of those traffic and fee allocation studies are anticipated to be
23 completed within the ten (10) month, fifteen (15) day period; and
WHEREAS, the City Council has determined, for the reasons stated in Ordinance
24 No. NS-473, which continue to exist, that the potential development within the above-named
25 zones represents a current and immediate threat to the public health, safety, and welfare; and
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NOW, THEREFORE, the City Council of the City of Carlsbad, California, hereby ordains
2 as follows:
3 SECTION 1: That the above recitations are true and correct.
SECTION 2: 4 No building permit or other development permit which adds traffic to the
intersection of El Camino Real/Palomar Airport Road shall be issued within Zones 5, 10, 15, 16, 5
17, 18,20, and 21.
6 SECTION 3: Notwithstanding the above prohibition, if applicants execute and record an
7 agreement substantially conforming to the form of agreement attached to Ordinance NS-473,
8 approved as to form by the City Attorney and executed on behalf of the City by the City Manager
9 or designee, agreeing to pay their fair share of the equivalent of any fee ultimately adopted by the
10 City Council to finance the necessary intersection improvements to eliminate the deficiencies,
11 payable at building permit, then building permits or development permits may be issued for
,2 properties within Local Facilities Management Zones 5, 10, 15, 16, 17, 18, 20, and 21.
13 DECLARATION OF URGENCY: This ordinance is hereby declared to be an emergency
14 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
15 above and represent a current and immediate threat to the public health, safety, and welfare.
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EFFECTIVE DATE: This ordinance shall be effective immediately upon passage and shall
be of no further force and effect after ten (10) months and fifteen (15) days from expiration of
I8 Ordinance NS-473 or until the Growth Management facilities are found to be in compliance with
19 the Growth Management ordinance, whichever occurs first. At least ten (10) days prior to the
XI expiration of this Extension Ordinance, the City Council shall issue a written report describing the
21 measures it has taken to alleviate the conditions which lead to the adoption of this ordinance. The
22 City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be
23 published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
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days after its adoption.
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SEVERABILITY CLAUSE: If any section, sub-section, sentence, clause, phrase, or a 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, sub-section, sentence, clause, phrase, or a part thereof, irrespective of the fact that any
one or more sections, sub-sections, clauses, phrase, or parts be declared invalid or
unconstitutional.
INTRODUCED, PASSED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 8th day of June , 1999 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ATTEST:
(SEAL)
June 18,1999
San Diego County Law Library
1705 Front Street
San Diego, CA 92101
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NM91 adopted by the Carlsbad City Council on June 8,1999.
If you have any questions please call the City Clerk’s office.
KATHLEEN D. StiOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @
June 18,1999
San Diego County Law Library
North County Branch
325 South Melrose, Suite 300
Vista, CA 92083-6697
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-491 adopted by the Carlsbad City Council on June 8,1999.
If you have any questions please call the City Clerk’s office.
*& e.-GTfL $F
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (760) 434-2808 @
June 18,1999
Book Publishing Company
201 Westlake Avenue North
Seattle, WA 981094293
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-491 adopted by the Carlsbad City Council on June 8,1999.
If you have any questions please call the City Clerk’s office.
Sr. Office Specialist
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-l 989 0 (760) 434-2808 @
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NOTICE OF PUBLIC HEARING
EXTENSION OF URGENCY ORDINANCE RELATING TO GROWTH
MANAGEMENT CIRCULATION DEFICIENCIES AND PROHIBITING
THE APPROVAL OF ANY DEVELOPMENT PERMITS IN LOCAL FACILITIES
MANAGEMENT ZONES 5.10.15.16.17.18.20. AND 21
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a
public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Tuesday, June 8, 1999, to consider an extension of an
Urgency Ordinance (Ordinance No. NS-473), relating to Growth Management
circulation deficiencies at the intersection of Palomar Airport Road and El Camino Real,
and adopting a moratorium as an emergency measure prohibiting the approval of any
building permit or other development permits or approvals in Local Facilities
Management Zones 5,10,15,16,17,18,20, and 21.
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the staff report will be available on and after June 4,1999. If
you have any questions regarding this matter, please call Bob Wojcik, in the
Engineering Department, at (760) 438-l 161, extension 4333.
If you challenge the extension of the Urgency Ordinance 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.
APPLICANT: City of Cartsbad
PUBLISH: May 29,1999
CARLSBAD CITY COUNCIL
PUBLISHED: Coast News - 5/27/99
N. County Times - 5/29/W