HomeMy WebLinkAbout1999-04-27; City Council; Resolution 99-130' /I 0 0
1 II RESOLUTION NO. 99-130
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FINDING A DEFICIENCY TO EXIST,
ADOPTING A MITIGATION PROGRAM (INCLUDING AN
URGENCY ORDINANCE ESTABLISHING A MORATORIUM)
AND APPROPRIATING FUNDS.
5 WHEREAS, on November 4, 1986, the voters of Carlsbad approved a ballot meas
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which enacted a Growth Management Plan for the City of Carlsbad, codified as Chapter 21.9(
the Carlsbad Municipal Code; and
8 WHEREAS, the Growth Management Plan makes the approval of new developrr
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contingent upon adequacy of public facilities at all times, based on Performance Standards
eleven identified public facilities; and
11 WHEREAS, the performance Standard for Circulation states that no intersection s
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operate at worse than a Level of Service D during peak hours as measured by the City's ann
traffic monitoring program; and
14 WHEREAS, the traffic monitoring report for the 1998 calendar year identified
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intersection of Palomar Airport Road and El Camino Real as operating at Level of Servicc
during the morning and evening peak hours; and
17 WHEREAS, the Growth Management Program requires City departments to report i
18 Growth Management deficiency to the City Manager and City Council for appropriate action; an1
19 WHEREAS, the Public Works Director and Community Development Director h;
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provided a report which documents the failure of the intersection of Palomar Airport Road E
El Camino Real; and
22 WHEREAS, Section 21.90.080 of the Carlsbad Municipal Code states, "If at any time ai
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preparation of a local facilities management plan the performance standards established b!
zone until the performance standard is met or arrangements satisfactory to the City Cour 25
plan are not met then no development permits or building permits shall be issued within the IC
26 guaranteeing the facilities and improvements have been made."; and
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1 WHEREAS, continued issuance of building permits in the affected zones will
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Growth Management failure; and 3
additional trips to Palomar Airport Road and El Camino Real which will exacerbate the exis
4 WHEREAS, Zones 5 and 17 contain the intersection of Palomar Airport Road
5 El Camino Real; and
6 WHEREAS, approval of entitlements for development is contingent on contin
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WHEREAS, traffic studies indicate that 20% of traffic generated in Zones IO, 15, 16, 9
Program; and 8
compliance with all of the adopted Performance Standards contained in the Growth Managen
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11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst
12 California, as follows:
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2. A deficiency of the Performance Standard for Traffic Circulation exists for 14
1. That the above recitations are true and correct.
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performed studies. 16
intersection of Palomar Airport Road and El Camino Real, based on objective and scientific'
17 3. That the City Council directs staff to initiate environmental studies, prelimin
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intersection of El Camino Real and Palomar Airport Road. l9
design and the right of acquisition necessary to construct additional right-turn lanes at '
20 4. That City Council authorize a loan and transfer $1,000,000 from the General Fi
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right-turn lanes to be repaid when sufficient development related funds are obtained pursuant 23
account for environmental review, right of way acquisition, design and construction of d 22
balance to the General Capital Construction fund and an appropriation of $1000,000 to the proj
the agreement approved herewith and development related fees to be imposed and collectec
25 connection with the processing and approval of development application. The loan share bc
26 interest at the City prevailing portfolio interest rate. All Discretionary projects in these zones SI
27 be conditioned to sign an identical agreement.
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1 5. That City Council, by separate concurrent action, adopts the compal
2 moratorium ordinance.
3 6. That ordinance, prior to development or building permit issuance, all developn
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mitigation to reimburse the General Capital Construction program. 5
in Zones 5,10,15,16, 17,18,20 and 21 shall sign an agreement to pay their fair share of
6 7. That City staff continue to actively pursue a funding programs to en:
7 construction of parallel routes to Palomar Airport Road.
8 8. That City staff report back to City Council in forty-five (45) days on their progr
9 and recommendation on any other affected zones.
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11 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cou
12 held on the 27th day of April , 1999 by the following vote, to wit:
13 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
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NOES: None
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ATTEST:
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20 2. Q& ALETHA L. RAUTENkRANZ, City Cle$ 21
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(SEAL)