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HomeMy WebLinkAbout1999-12-14; City Council; 15547; Extension of Emergency Ordinance No. NS-516- CITY OF CARLSBAD -AGENDA BILL tl? 4B# MTG. 2EPT. /5f#7 1 211 4/99 CA TITLE: EXTENSION OF URGENCY ORDINANCE PROHIBITING THE ISSUANCE OF BUILDING OR GRADING PERMITS FOR RESIDENTIAL SUBDIVISIONS IN THE SPECIAL STUDY AREA (EL CAMINO REAL WEST TO THE PACIFIC OCEAN BETWEEN AGUA HEDIONDA AND BUENA VISTA LAGOONS). DEPT. HD. CITY AlTY. RECOMMENDED ACTIONS: Adopt Ordinance No. &‘S-s27 extending Urgency Ordinance NS-516 for up to (IO) months and fifteen (15) days, or following Council action on the report and recommendations from Citizens Committee. ITEM EXPLANATION At the meeting of November 2, 1999, the Council adopted Urgency Ordinance No. NS- 51 6 prohibiting the issuance of building or grading permits or other discretionary approvals under Titles 20 and 21 of the Carlsbad Municipal Code pending the report and recommendations from the Citizens Committee to Study the Sidewalk and Street Improvement Program. In accordance with Government Code section 65858, the ordinance, after notice and public hearing, within 45 days of the original action, may be extended for up to (IO) ten months and (15) fifteen days by a four-fifths vote of the Council. This is the time and date for the public hearing and consideration of the extension of the Urgency Ordinance. At the November 2, 1999 meeting, the Council also formed the Citizens Committee to study the Sidewalk and Street Improvement Program and appointed 15 members to it. Since that time, it has been conducting meetings and gathering information leading to its report and recommendations. That work is not yet complete and the Urgency Ordinance needs to be extended until that is accomplished. FISCAL IMPACT There will be expenditures of staff time and necessary supplies, equipment, materials and experts in order that the Committees may complete their work expeditiously and the Council has funded this effort at $55,000. ENVIRONMENTAL REVIEW The adoption of the extension of Urgency Ordinance NS-516 will not result in any adverse environmental impacts and is therefore categorically exempt under CEQA pursuant to Regulations 15262 and 16306. If, as a result of the Committee’s report and recommendations, there are changes proposed to building and planning ordinances or revisions to the General Plan, they will be subject to CEQA review at that time. EXHIBIT Ordinance No. /tu-m 7 December 14,1999 Mayor Lewis and Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Design Group, Inc. AGENDA ITEM # c: Mayor city c~uticll City Manager City Attorney ’ city Clerk REF: AGENDAITEMNO. 18/EXTENSIONOFURGENCY ORDINANCEPROHIBITINGTHE ISSUANCE OF BUILDING AND GRADING PERMITS FOR RESIDENTIAL SUBDIVISIONS IN THE SPECIAL STUDY AREA IN THE NORTHWEST QUADRANT OF THE CITY OF CARLSBAD (LADWIG DESIGN GROUP JOB NO. L-1063) Dear Council Members: Tonight you will be considering extending the Urgency Ordinance prohibiting grading and building permits within a portion of the Northwest Quadrant of the City of Carlsbad. In reviewing Ordinance NS-5 16 and the minutes from the November 2 meeting when the Ordinance was adopted, two things came to my mind: 1. A significant number of the citizens of Carlsbad were not in favor of the Council adopting a moratorium on the issuance of building and grading permits. 2. The ordinance should contain an additional “grandfather provision” which is supported by the Subdivision Map Act. Section 66474.2 of the Map Act is very clear in stating that the local agency shall apply only those ordinances, policies and standards in effect at the date the local agency has determined that the application is deemed complete (per Section 65943, which spells out the 30 day review period procedure). I am not an attorney, but it is clear to me that the current moratorium ordinance should include an additional provision to “grandfather” projects that were accepted as a complete application on or before the date of the initial adoption of the moratorium ordinance. There are several benefits that I see for adding the “grandfather provision”. 1. 2. The change would provide clear direction for staff in reviewing requests for waivers as currently provided for in the ordinance. The addition would provide clear direction for applicants in making development decisions in the moratorium area. 703 Palomar Rirport Road 4 Suite 300 4 Carlsbad, California 92009 (760) 438-3 1 82 FAX (760) 438-01 73 Mayor Lewis and Council Members ‘ December 14,1999 . Page 2 3. The State has provided a direction that clearly identifies at what stage in the development process rules and regulations are established that govern development. Based on the above, I respectfully request that an additional provision be added to the moratorium ordinance NS-5 16 to include a “grandfather provision” as discussed above. Sincerely, / LADWIG DESIGN GROUP, INC. Robert’ C. Ladwig, President RCL:lkb. 002 703 Palomar Rirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-31 82 FRX (760) 438-01 73 lcrdwig Design Group, Inc. December 14,1999 Ray Patchett City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 For the Information of thtt Asst.CLC REF: REQUEST TO CHANGE THE ORDER OF ITEMS ON THE CARLSBAD CITY COUNCIL AGENDA FOR TUESDAY, DECEMBER 14,1999 (LADWIG DESIGN GROUP JOB NO. L-1063) Dear Ray: Agenda items 16 (Magnolia Gardens), 18 (Urgency Ordinance Extension), and 21 (Pacific View Estates) all deal with the Urgency Ordinance prohibiting the issuance of building and grading permits in the Northwest Quadrant northerly of Aqua Hedionda Lagoon. My request would be to reverse items 16 and 18 and for the Council to hear the Urgency Ordinance Extension as the first public hearing followed by the Magnolia Gardens Project. Pacific View Estates is later on in your agenda under Department & City Manager Reports. Because both the Magnolia Gardens and Pacific View Estates will be dealing with requesting exemptions fkom the Urgency Ordinance, it seems appropriate to have the Council consider the Urgency Ordinance Extension prior to these two projects. Thank you for your consideration and, again, I request that you reverse the order of agenda items 16 and 18 to hear the Urgency Ordinance Extension as the first public hearing. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL: lkb.002 703 Palomar Rirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3 1 82 FRX (760) 438-0 1 73 The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Space above for Count) Clerks Filing Stamp NOTICE OF PUBLIC HEARING Proof of Publication I EXTENSION OF URGENCY ORDINANCE RELAT- STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO. I am ayitizen of the United States and il resident of the county afdresaid; I am over the age of eighteen years. and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News. a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas. Carlsbad. Oceanside and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/ 94. #677114, B2393. P396): and that the notice. of which the annexed is a printed copy. has been published in. each regu- lar and entire issue of said newspaper and not in any supple- ment thereof on the following dates. to-wit: December 2 1999 I ING TO THE PROHIBITION OF ISSUANCE OF BUILDING AND GRADING PERMITS IN SUBDIVISIONS FROM EL CAMINO AND BUENA VISTA LAGOON REAL WEST TO THE OCEAN BETWEEN AGUA HEDIONDA 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:OO P.M. ON TUESDAY. DECEMBER 14. 1 to consider an extension of an URGENCY ORDINANCE (ORDINANCE NrNS 516), relating to the prohibition of issuance of building and grading permits in sub divisions from El Camino Real west to the Ocean between Agua Hedionda and Buena Vista Lagoon pending Council action on the report and recommendations of the Citizens Committee to Study Sidewalk and Street Improvements Standards. the public hearing. Copies of the staff report will be available on and after DECEMBER 10,1999. If you have any questions regarding this matter, please call Marty Orenyak, in the Community Development Department, at (760) 438- 11 61, extension 4200. 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 Cit! of Carlsbad City Clerk’s Office at, or prior to, the public hearing. Those persons wishing to speak on this proposal are cordially invited to attenc APPLICANT: City of Carlsbad PUBLISH: Thursday, December 2, 1999 I certify under penalty of perjury that theforegoing is true and correct. Executed at Encinitas. County of San Diego. State of California on the 2nd day of December. 1999 i L/ b- Clerk of the Printer PROOF OF PUBLICATION (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, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; 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: Dec. 3, 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. san MArcos Dated at , California day 3rd this Dec. 1999 of : Signature NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of public Hearing NOTICE OF PUBLIC HEAR INQ EXTENSION OF URGE NCY ORDl NANCE RELATING TO THE PROHIBITION OF ISSUANCE 0 F BUILDING AND GRADING PERMITS IN SUBDIV ISIONS F ROM EL CAMINO REAL WEST TQ THE OCEAN BElWEEN AGUA HFDIOND A AND BWA V IS19 LAGOONS NOTICE IS HEREBY GIVEN that the City Council of the City of Cadsad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO pm., on Tuesday, December 14, 1999, to consider an extension of an Urgency Ordinance (Ordinance No. NS-516), relating to the prohibition of issuance of building and grading permits in subdivisions from El Camino Real west to the Ocean between Agua Hedionda and Buena Vista Lagoons pending Council action on the report and recommendations of the Citizens Committee to Study Sidewalk and Street Improvements Standards. 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 December 10, 1999. If you have any questions regarding this matter, please call Ma* Orenyak, in the Community Development Department, at (760) 438-1 161, extension 4200. 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 pubilc hearing. APPLICANT City of Carlsbad CARLSBAD CITY COUNCIL Legal 65777 December 3, 1999 P * NOTICE OF PUBLIC HEARING EXTENSION OF URGENCY ORDINANCE RELATING TO THE PROHIBITION OF ISSUANCE OF BUILDING AND GRADING PERMITS IN SUBDIVISIONS FROM EL CAMINO REAL WEST TO THE OCEAN BETWEEN AGUA HEDIONDA AND BUENA VISTA LAGOONS 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:OO p.m., on Tuesday December 14, 1999, to consider an extension of an Urgency Ordinance (Ordinance No. NS-516), relating to the prohibition of issuance of building and grading permits in subdivisions from El Camino Real west to the Ocean between Agua Hedionda and Buena Vista Lagoons pending Council action on the report and recommendations of the Citizens Committee to Study Sidewalk and Street Improvements Standards. 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 December 10, 1999. If you have any questions regarding this matter, please call Marty Orenyak, in the Community Development Department, at (760) 438-1 161, extension 4200. 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 Carlsbad PUBLISH: December 3,1999 CARLSBAD CITY COUNCIL To be published in the NC Times on Friday December 3, 1999 NOTICE OF PUBLIC HEARING EXTENSION OF URGENCY ORDINANCE RELATING TO THE PROHIBITION OF ISSUANCE OF BUILDING AND GRADING PERMITS IN SUBDIVISIONS FROM EL CAMINO REAL WEST TO THE OCEAN BETWEEN AGUA HEDIONDA AND BUENA VISTA LAGOONS 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:OO p.m., on Tuesday December 14, 1999, to consider an extension of an Urgency Ordinance (Ordinance No. NS-516), relating to the prohibition of issuance of building and grading permits in subdivisions from El Camino Real west to the Ocean between Agua Hedionda and Buena Vista Lagoons pending Council action on the report and recommendations of the Citizens Committee to Study Sidewalk and Street Improvements Standards. 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 December 10, 1999. If you have any questions regarding this matter, please call Marty Orenyak, in the Community Development Department, at (760) 438-1 161, extension 4200. 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 Carlsbad PUBLISH: Thursday, December 2,1999 CARLSBAD CITY COUNCIL To Be Published in Coast News on Thursday 2, 1999 ORDINANCE NO. NS- 527 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA EXTENDING ISSUANCE OF BUILDING AND GRADING PERMITS IN SUBDIVISIONS FROM EL CAMINO REAL WEST TO THE OCEAN BETWEEN AGUA HEDIONDA AND BUENA VISTA LAGOONS FOR UP TO TEN MONTHS AND FIFTEEN URGENCY ORDINANCE NO. NS-516 PROHIBITING THE WHEREAS, at its regular meeting.of November 2, 1999, the City Council adopted Urgency Ordinance No. NS-516 prohibiting the issuance of building or grading permits for subdivisions from El Camino Real west to the Ocean between Agua Hedionda and Buena Vista Lagoons pending a report and recommendations of the Citizens Committee to Study Sidewalk and Street Improvement Standards; and WHEREAS, Government Code section 65858 authorizes extension of said emergency interim ordinance, after notice and hearing, by a four-fifths vote for up to ten (1 0) months and fifteen (15) days; and may be subsequently extended once for up to one additional year; and WHEREAS, this ordinance is adopted pursuant to Government Code section 65858(a) allowing the extension of such urgency ordinance by a four-fifths vote of its legislative body and for ten (1 0) months and fifteen (1 5) days or until the Committee to Study Sidewalks and Street Improvements and the Committee to Study the Tree Policy reports its recommendations to the City Council, NOW, therefore, the City Council of the City of Carlsbad does ordain as follows: SECTION 1 : That the above recitals are true and correct. 1 montlls anc .- SECTION 2: That Ordinance No. NS-516 is extended for up to ten (IO) fifteen (15) days or until such time as the Council acts on the report and recommendations of the Citizens Committee to study the Sidewalk and Street Improvement Program whichever occurs first. 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 those set forth in Agenda Bill 15,476 dated 1 1/2/99 on file with the City Clerk and made a part hereof and represent a current and immediate threat to the public health, safety and general welfare of the citizens of Carlsbad. EFFECTIVE DATE: This ordinance shall be effective immediately upon passage and shall be of no further force and effect after ten months and fifteen days of the date of its adoption unless extended by the City Council according to law. 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 lead 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 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 ordinance 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 2 1 2 3 4 5 6 7 8 9 10 11 12 9m gg?J 13 14 AVW% ;;504s 9 00, 15 Sk%U 16 00s l7 18 19 20 21 22 23 24 25 26 27 28 %E$ &$g 583 _Ius 0 the validity of the remaining parts of this chapter. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any or more sections, subsections, clauses, phrases, or parts be declared invalid or unconstitutional. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on the' 14th day of DECEMBER ,of 1999 9 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY / -; -lbL.xfi X,kq* RONALD R. BALL, (Xfdttorney ATTEST: THkt!.~UTl$&RANZ, City Clerk KAREN R. KUNDTZ,%sistant City Clerk (SEAL) 3