HomeMy WebLinkAbout1999-11-09; City Council; 15493; Amend Title 18 Relating To Public ImprovementsA -
CITY OF CARLSBAD -AGENDA BILL
AB# 1.57493 TITLE- AMENDMENT TO TITLE 18 RELATING TO WHEN
El-C IMPROVEMENTS ARE REQUIRED FOR THE
MTG. 11 I9199 ISSUANCE OF INDIVIDUAL BUILDING PERMITS
DEPT. CA
DEPT. HD.
RECOMMENDED ACTION:
Introduce Ordinance No. fi5-5 18 adding Section 18.40.040(c) to the Carlsbad
Municipal Code specifying when public street and sidewalk improvements must be
installed in the special study area.
ITEM EXPLANATION:
At its meeting of November 2, 1999, the City Council directed the City Attorney to
amend Section 18.40.040 of the Carlsbad Municipal Code relating to when public
improvements are required for the issuance of an individual building permit under Title
18 of the Building Code and Regulations in the special study area. That ordinance is
presented for your consideration and introduction. It would reverse the presumptions
in Section 18.40.040 and instead, require deferral of improvements in the special
study area pending the report and recommendations by the Citizens’ Committee to
Study the Sidewalk and Street Improvement Program. Future Improvement
Agreements, rather than actual construction, will be required, unless the City Manager
(or Council, on appeal) determines specified circumstances require construction
contemporaneously with the related building permit. There will be no fee for an appeal
under this ordinance.
FISCAL IMPACT:
There will be expenditures of staff time to process the increased number of future
improvement agreements in an amount that will depend on the volume of applications
under this new section.
ENVIRONMENTAL REVIEW:
New construction or conversion of small structures including the construction of single-
family residences not in conjunction with the building of two or more units are
generally categorically exempt pursuant to CEQA Regulations 15303 and 15404.
EXHIBIT;
I. Ordinance No. hEI-518 .
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ORDINANCE NO. NS-5 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18,
CHAPTER 18.40 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF SECTION 18.40940 RELATING
TO WHEN PUBLIC IMPROVEMENTS ARE REQUIRED FOR THE ISSUANCE OF INDIVIDUAL BUILDING PERMiTS.
6 WHEREAS, the City Council carefully considered the issue of imposing a
7 moratorium on building permits in the special study area from El Camino Real west to the
8 Pacific Ocean between Agua Hedionda and Buena Vista Lagoons; and
9 WHEREAS, the City Council determined that a moratorium on the issuance of
10 building and grading permits in this area was not required so long as Section 18.40.040 of the
11 Carlsbad Municipal Code was adjusted to defer public improvements in this special study
12 area pending the report and recommendation of the Citizens Committee to Study the
13 Sidewalk and Street Improvement Programs and subsequent action by the City Council on
14 those recommendations; and
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WHEREAS, the City Council adopted Resolution No. 99-485 forming the
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Citizens Committee to Study the Sidewalk and Street Improvement Program and directed its
study of the issues and to make its report and recommendations by February 1,200O; and
WHEREAS, the deferral of public improvements in the Study Area pending the
report and recommendations of the Citizens Committee to Study the Sidewalk and Street
Improvements Program will not disrupt the status quo since street improvements will not
generally be required; and
WHEREAS, the City Manager or the City Council on appeal retains the ability
to require the installation of street improvements in appropriate circumstances; and
WHEREAS, there shall be no fee for appeal under this section.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as
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SECTION 1: Section 18.04640 is added to the Carlsbad Municipal Code to
read as follows:
“Notwithstanding subsections (a) and (b), pending review and
study and the report and recommendations of the Citizens
Committee to Study Sidewalks and Street Improvements, any
person who constructs or causes to be constructed any building in
the special study area (defined as that area from El Camino Real
west to the Pacific Ocean between Agua Hedionda and Buena
vistataguons)shatt-~intua*-impKwement~reement
pursuant to Section 18.40.090 unless the City Manager, or the City
Council on appeal, finds that the installation of sidewalk
improvements are required for the health, safety and general
welfare; or are compatible with the neighborhood and their
installation would be appropriate at the time of construction of the
building project. There shall be no fee for appeal under this
section.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify 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.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 19th day of November , 1999, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the of day
AYES:
, 1999, by the following vote, to wit:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
A-I-TEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEW
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