HomeMy WebLinkAbout1986-07-15; City Council; Resolution 86951
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RESOLUTION NO. 8695
A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NO. 8 670
CALLING AND GIVING NOTICE OF THE HOLDING OF THE
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 4, 1986, TO INCLUDE THE SUB-
MISSION TO THE QUALIFIED ELECTORS OF SAID CITY AN
ORDINANCE RESTRICTING THE RATE OF CONSTRUCTION OF
RESIDENTIAL DWELLING UNITS IM THE CITY OF CARLSBAD
FOR A TEN YEAR PERIOD COMMENCING JANUARY 1, 1987.
WHEREAS, the City Council adopted Resolution No. 8670
calling a Municipal Election to be held in said City on Tuesday,
November, 4, 1986 in order to elect a mayor and two members of
the City Council; and
WHEREAS, an initiative petition was processed in
accordance with California Elections Code; and
WHEREAS, the signatures have been verified in
accordance with Section 3708 of the California Elections Code;
and
WHEREAS, in accordance with Secton 4011 of the
California Elections Code, the petition has been certified as
sufficient in that it is signed by not less than ten percent of
the voters of the City; and
WHEREAS, the City Council of the City of Carlsbad has
determined to submit the ordinance to the qualified voters of
the City of Carlsbad at the Municipal Election being held on
November 4, 1986,
NOW, THEREFORE, BE IT FESOLVED that the City Council of
the City of Carlsbad, California, does hereby declare, determine
and order as follows:
A. That the above recitations are true and correct.
B. That R solution No. 8670 is here-y amende! to
include the submission to the qualified voters of said City an
ordinance hereinafter set forth restricting the rate of
construction of dwelling units.
C. The ordinance submitted to the voters shall be as
follows:
The People of the City of Carlsbad do ordain as follows:
That Title 21 of the Carlsbad Municipal Code shall be
amended by the addition of Chapter 21.64 to restrict the rate of
construction of residential dwelling units in the City for ten
years commencing January 1, 1987.
1. The City of Carlsbad is experiencing intense
residential development which is adversely affecting the capacity
of schools to accommodate students, the capacity of city streets
and local freeway systems to meet traffic needs, the semirural
character of the community and the quality of life prevalent in Carlsbad. The people of Carlsbad are very much concened about
the City's rapid growth.
It is the intent of this chapter to obtain a lower rate
of residential development; to permit effective advance planning
and establishment of adequate municipal services such as schools, streets, parks, water, sewage, police and fire protection, and other customary services; to provide for a desirable amount of
open space; to ensure availability of housing for a broad
spectrum of population; and to prevent the deterioration of the quality of life prevalent in Carlsbad.
construction of residential dwelling units which have the least adverse impact upon the public facilities and services as well as
the quality of life prevalent in Carlsbad as described in this sect ion.
In approving development priority shall be given to the
2. Commencing January 1, 1987 and continuing through
December 31, 1996, the City of Carlsbad shall not allow the start of construction of more than 1,000 residential dwelling units in 1987, 750 residential dwelling units in 1988, and 500 residential
dwelling units each year thereafter through 1996.
3. The limitations of Section 21.64.020 shall not apply
to: a) Projects replacing damaged or destroyed dwellings on a
one-for-one basis; b) Remodeling or additions to existing
dwellings which do not result in an increase in the number of dwelling units; and c) Dwelling units of any low income or senior
citizen projects funded or subsidized pursuant to the provisions
of applicable federal or state law.
2.
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4. The City Council may adopt reasonable guidelines to implement this chapter following notice and public hearing.
Notwithstanding anything in this Code to the contrary
the allocation or issuance of building permits, the commencement
of construction pursuant to such permits and any other matters
necessary to the implementation of this chapter shall be governed
by these guidelines.
5. This chapter may be amended or repealed only by a
majority of the voters voting at an election thereon.
6. If any section, sentence, clause, phrase, part, or
portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this chapter. It is hereby declared that this chapter and each section, subsect ion, sentence, clause, phrase, part , or
portion thereof, would have been adopted or passed irrespective
of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or
unconstitutional.
7. a) This chapter shall expire and be of no further
force and effect on January 1, 1997; and b) The City Council
shall place a measure on the ballot of the November 1996 general
municipal election askinu the City's electors if this chapter
shall be extended until December 31, 2000 with a restriction on
the construction of dwelling units not to exceed 500 units per
year.
8. This chapter represents the will of a majority of
the voters of Carlsbad and the City Council shall take all steps necessary to vigorously defend any challenge to the validity or
constitutionality of this chapter."
D. That on the ballots to be used at said general
election, in addition to any other matters required by law, and
in addition to any other matters specified in Resolution No.
8670, there shall be printed substantially the following:
Shall an initiative ordinance be adopted adding
Chapter 21.64 to the Carlsbad Municipal Code which I YES
would restrict the rate of construction of
residential dwelling units in the City for ten
years commencing January 1, 1987. I NO
E. That a cross (+) placed in the voting square after
the word "YES" in the manner hereinbefore provided shall be
counted in favor of the adoption of the ordinance. A cross (+)
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placed in the voting square after the word "NO" in the manner
hereinbefore provided shall be counted against the adoption of
the ordinance.
F. The ordinance submitted by this resolution shall
be designated on the ballot by a letter printed on the left
roargin of the square containing the description of tb.e measure,
as provided in Section 10219 of the Elections Code.
G. That the City Clerk shall certify to the passage and
adoption of this resolution; shall enter the same in the book of
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original resolutions of said City: and shall make a minute of the
passage and adoption thereof in the record of the proceedings of
the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 15th day of July I 1986 by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
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ISLER, Mayor
4.