HomeMy WebLinkAbout1999-11-16; City Council; 15504; Amend Title 18 Regarding Public ImprovementsClr- OF CARLSBAD - AGEK-ji BILL 6-j
AB # 15,504 TITLE: AMENDMENT OF TITLE 18 RELATING TO WHEN DEPT. HD.
MTG. 11/16/99 PUBLIC IMPROVEMENTS ARE REQUIRED FOR CITY ATT e
DEPT. CLK ISSUANCE OF INDIVIDUAL BUILDING PERMITS. CITY MGR. -
RECOMMENDED ACTION:
Adopt Ordinance No. NS-518, amending Title 18, Chapter 18.40, of the Car&bad Municipal
Code, by the addition of Section 18.40.040(c) relating to when public improvements are
required for the issuance of individual building permits within the special study area.
ITEM EXPLANATION
Ordinance No. NS-518 was introduced and first read at the City Council meeting held on
November 9, 1999. The second reading allows the City Council to adopt the ordinance which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 15,493 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-5 18.
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ORDINANCE NO. NS-518
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 18.40.040 RELATING
TO WHEN PUBLIC IMPROVEMENTS ARE REQUIRED FOR THE ISSUANCE OF INDIVIDUAL BUILDING PERMITS.
WHEREAS, the City Council carefully considered the issue of imposing a
moratorium on building permits in the special study area from El Camino Real west to the
Pacific Ocean between Agua Hedionda and Buena Vista Lagoons; and
WHEREAS, the City Council determined that a moratorium on the issuance of
building and grading permits in this area was not required so long as Section 18.40.040 of the
Carlsbad Municipal Code was adjusted to defer public improvements in this special study
area pending the report and recommendation of the Citizens Committee to Study the
Sidewalk and Street Improvement Programs and subsequent action by the City Council on
those recommendations; and
WHEREAS, the City Council adopted Resolution No. 99485 forming the
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,ZOOO; 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
follows:
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SECTION 1: Section 18.04.040 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
Vista Lagoons) shall enter into a future improvement agreement
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 .gth day of November , 1999, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the 16th day of November , 1999, by the following vote, to wit:
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
/NOES: NONE
ATTEST:
NZ, City Clerk (SEAL)
Karen R. Kundtz,yssistant-City Clerk
City of Carlsbad
November 18,1999
Attn: Acquisitions Office
San Diego County Law Library
1105 Front Street
San Diego, CA 92101-3904
Re: Adopted Ordinances for the City of Carlsbad
Enclosed are copies of the following ordinances, adopted at the Carlsbad City Council
Meeting of November 16,1999.
Ordinance No. NS 5 17
Ordinance No. NS 518
Sincerely,
Deputy City Clerk
Enclosures (2)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @
_-
City of Carlsbad
November 18,1999
Melissa Levesque
Account Representative
Book Publishing Company
201 Westlake Avenue North
Seattle, WA 98 1094293
Re: Adopted Ordinances for the City of Carlsbad
Enclosed are copies of the following ordinances, adopted at the Carlsbad City Council
Meeting of November 16,1999. .
Ordinance No. NS 5 17
Ordinance No. NS 5 18
Sincerely,
- LO&lNE WOOD
Deputy City Clerk
Enclosures (2)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 0 (760) 434-2808 a9
City of Carlsbad
November 18,1999
San Diego County Law Library
North County Branch
325 South Melrose, Suite 300
Vista, CA 92083-6697
Re: Adopted Ordinances for the City of Carlsbad
Enclosed are copies of the following ordinances, adopted at the Carlsbad City Council Meeting of November 16,1999.
Ordinance No. NS 5 17
Ordinance No. NS 5 18
Sincerely,
Deputy City Clerk
Enclosures (2)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 663