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HomeMy WebLinkAbout1986-07-15; City Council; Resolution 86951 x z f C c t r i E z I( 11 1: k 1€ 19 2c 21 22 23 24 25 26 27 28 0 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. I 4 C c r E z 11 12 n a >-o t 0 1E 2c 21 2% 23 24 25 26 27 28 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 (+) 3. 1 2 3 4 5 6 7 8 g 10 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 11 19 20 21 22 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 27 28 ISLER, Mayor 4.