HomeMy WebLinkAbout2000-04-04; City Council; 15683; ADOPT URGENCY ORDINANCE REPEALING THE URGENCY ORDINANCE NS-491 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 & 21i
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CI -I$ OF CARLSBAD - AGENDA
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TITLE: ADOPT URGENCY ORDINANCE REPEALING DEPT. HD,
URGENCY ORDINANCE NS-491 PROHIBITING
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MTG. 4/04/00 THE APPROVAL OF ANY BUILDING PERMIT OR OTHER CITY ATTY.
DEPT. ENG FACILITIES MANAGEMENT ZONES 5, IO, 15,16,17,18,20 AND 21 CITY MGR.
DEVELOPMENT PERMITS OR APPROVALS IN LOCAL
RECOMMENDED ACTION:
Adopt by a 4/5ths vote, Urgency Ordinance No. NS-537 repealin
NS-491 and refunding all fees collected.
Urgency Ordinance NS removing restrictions on the issuance of buildin permits within Loca 9 Facilities Management Z 5, IO, 15, 16, 17, 18, 20 and 21 releasing al B agreements entered into under the provisiot
ITEM EXPLANATION:
The 1998 Growth Management Traffic Monitoring Report identified the failure of the intersecti El Camino Real (ECR) and Palomar Airport Road (PAR) to meet the growth management hour circulation standard of Level of Service D.
On June 8, 1999, in conformance with growth management, the City Council adopted Ur: Ordinance NS-491 establishing a prohibition on the issuance of building permits or development permits within Local Facilities Management (LFM) zones 5, IO, 15, 16, 17, 18, 21 21. Council also appropriated $1,000,000 of General Fund money to construct additional righ lanes to mitigate the intersection of PAR and ECR to a level of service in compliance with g management standards.
Ordinance NS-491 allows developers to be relieved of the buildin restrictions if they enterel
Staff recently completed design of the improvements to the intersection of ECR and PAR invc the construction of dual right-turn lanes on the westbound PAR to northbound ECR and northt ECR to eastbound PAR movements. At its March 21, 2000 meeting, the City Council awarc public works project to widen Palomar Airport Road between El Camino Real and Melrose Project No. 3602. The contract award approved funding of a contract change order to accor the right-turn pockets as a part of this project.
The original right-turn lane project was estimated to cost $1,000,000. This was a conser estimate that contemplated potential environmental impacts and the relocation of a major pressure reduction station located on the southeast corner. The final design was able to avoic of these impacts. The final project cost is not expected to exceed $285,000.
The Traffic Impact Fee (TIF) program included work at this intersection estimated at $1,750) 1991 dollars. Current value of that estimate is $2,030,000.
Funds expended to date are less than $1,500,000. Sufficient funds exist in the TIF F allocation to fund the current improvements. No new funding is required.
It is the staffs recommendation that the Council repeal Ordinance No. NS-491 and direct s release all agreements and refund all fees collected under this ordinance or otherwise collec conjunction with the PAWECR intersection deficiency.
an agreement and paid a preliminary Local Facilities Management % one Transportation Fee.
FISCAL IMPACT:
Council previously advanced $1,000,000 in General Funds to secure construction of the rig lane project. Those funds can be returned to the General Fund. Sufficient funds are available Traffic Impact Fee (TIF) fund to fund $285,000 for Project No. 3676, PAWECR Right-Turn All costs associated with Project No. 3676 should be transferred to the TIF fund.
EXHIBITS:
1. Urgency Ordinance No NS-531epealing Urgency Ordinance NS-491 removing rest1 on the issuance of buildin~rrntts within Local Facilities Management Zones 5, 10, 17, 18, 20 and 21 releasing all agreements entered into under the provisions of NS-4! refunding all fees collected.
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ORDINANCE NO. NS-537
AN URGENCY ORDINANCE REPEALING URGENCY
ISSUANCE OF BUILDING PERMIT OR OTHER DEVELOPMENT
PERMITS OR APPROVALS IN LOCAL FACILITIES
MANAGEMENT ZONES 5,10,15,16.17,18,20 AND 21.
ORDINANCE NS-491 REMOVING THE RESTRICTION ON THE
WHEREAS, the City Council adopted without notice Urgency Ordinance No. N
placing a moratorium on building and other development permits within Local Fz
Management Zones 5, IO, 15,16,17, 18,20 and 21, which was extended at a public heal
June 8, 1999 with the adoption of NS 491 for a period of ten (IO) months and fifteen (If
until April 27, 2000; and
WHEREAS, the Growth Management Plan requires that public facilities must be pi
to ensure that adopted performance standards are met; and
WHEREAS, the Performance Standard for Circulation states that no intersectio
operate at worse than a Level of Service D during peak hours as measured by the City's
traffic monitoring program; and
WHEREAS, the traffic monitoring report for the 1998 calendar year identifi
intersection of Palomar Airport Road and El Camino Real as operating at Level of Se
during the morning and evening peak hours; and
WHEREAS, the City Manager determined, based on a report from the Public
Director and Community Development Director, a failure of the intersection of Palomar
Road and El Camino Real has been identified; and
WHEREAS, Section 21.90.080 of the Carlsbad Municipal Code states, "If at a
after preparation of a local facilities management plan the performance standards establi
a plan are not met then no development permits or building permits shall be issued w
local zone until the performance standard is met or arrangements satisfactory to the City
guaranteeing the facilities and improvements have been made." and;
WHEREAS, the City Council has approved Project No. 3676 to construct a
right-turn lanes at the intersection of Palomar Airport Road and El Camino Real; and
WHEREAS, the construction of Project No. 3676 to fully mitigate the circulation dl
at Palomar Airport Road and El Camino Real has been authorized; and
WHEREAS, adequate funds to complete the project are available in the Traffi
Fee fund to construct said improvements; and
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WHEREAS, the provisions of NS-491 are no longer required and immediate rf
restrictions on development permits is appropriate; and
WHEREAS, this ordinance and associated agenda bill no. 15,666 is intended to c
fhe report required by Government Code 5 65868; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does o
follows:
SECTION 1 : That the above recitations are true and correct.
SECTION 2: Urgency Ordinance NS-491 is hereby repealed.
SECTION 3: Any and all agreements recorded under the provision of NS-491 are
released ;end any funds collected in conformance with NS-491 or otherwise collected
Project No. 3676, Palomar Airport Road and El Camino Real Right-Turn Lanes, are authc
be refunded. The Public Works Director is authorized to take any and all appropriate !
carry out the provisions of this paragraph.
SECTION 4: General Funds authorized to construct Project No. 3676 are
returned to the General Fund and charges and appropriations in the amount of $285,(
authorized from the TIF fund to cover project costs.
DECLARATION OF URGENCY: This ordinance is hereby declared to be an erne
ordinance adopted as an urgency measure to remove restrictions and shall take
immediately upon its adoption. The facts constituting the urgency are set forth abo
represent a current and immediate response.
EFFECTIVE DATE: This ordinance shall be effective immediately upon passage.
INTRODUCED AND FIRST READ at a regular meeting of said City Council held
5th dslyof April ,2000, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City (
held on the 5th day of ApriL , 2000 by the following vote, to wit:
AYES: COUNCIL MEMBER Is, ULL. FINNILA, NYGAARD, KULCHIN
ATTEST:
(SEAL)
d &h-M
L R INEi M. WOOD, City Clerk