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HomeMy WebLinkAbout1999-06-08; City Council; 15252; Extend Urgency Ordinance NS-473 Regarding PermitsBB# /<, 35ii MTG. 6108199 DEPT. ENG - A 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. . 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 16 17 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 26 Ill 27 Ill 28 Ill - 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. 16 l7 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 24 25 26 27 28 (15) I// Ill /II Ill days after its adoption. 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 A 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 @ 5 z ; .8 zd 53 u- 00 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