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Home My WebLink About1979-07-11; Planning Commission; Resolution 1531w w 1 PLANNING COMMISSION RESOLUTION NO. 1531 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ' 19 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21, CHAPTERS 21.44 AND 21.48 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.44.020 AND 21.48.080 TO PROVIDE FOR ALTERATION AND EXPANSION OF NONCONFOR- MING USES AND BUILDINGS. CASE : ZCA-105 APPLICANT: CITY OF CARLSBAD WHEREAS, at their January 2, 1979 meeting, the City Counc of the City of Carlsbad directed the Planning Department stafi to review expiration requirements of nonconforming uses, revie existing major nonconforming uses within the City, and draft i ordinance amendment for Planning Commission consideration; an( WHEREAS, an Environmental Impact Assessment has been con( pursuant to the guidelines of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, and a Negative Declaration has been issued , for the subject project for the following reasons: 1. The project is administrative in nature and is only a mi: change to the Zone Code. I 20 I 2. Any action regarding the intensification of a particular non-conforming use would requrie a Conditional Use Permi 21 WHEREAS, pursuant to City Council direction, the Plannin 22 and therefore require additional environmental review; a 23 25 hearing on June 27, 1979, to consider the subject Zone Code 24 Commission of the City of Carlsbad did hold a duly noticed, p and arguments, if any, of all persons who desired to be heard 27 WHEREAS, the Planning Commission received all testimony 26 Amendment; and 28 and upon hearing and considering all factors relating to Zone I! w w 1 1. It is an undue hardship for non-conforming uses not to be 2 Code Amendment 105, found the following facts and reasons to e 2. The code provides means to insure that the expansion will 3 able to expand within certain limitations prior to abaten 4 abated within a reasonable time. 5 zone. 6 3. Present code does not contain provisions of any type for the regulation of non-conforming uses because of impropev 7 WHEREAS, the Planning Commission, by the following vote, 8 attached hereto: 9 APPROVED ZCA-105, as per Exhibit A, dated June 13, 1979, 10 NOES : None 11 AYES: L'Heureux, Rombotis, Schick, Marcus, Jose, Lar: 15 14 ABSENT: Wrench 13 ABSTAIN: None 12 NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing recitations are true and correct. I-f3 I1 17 18 19 STEPHEN M. LrHEU@UX, Chai CARLSBAD PLANNING COMMISSI~ 20 ATTEST: ii 21 I/ ..q 25 11 - -2- 26 27 28 ll * /I w w /I 1 STATE OF CALIFORNIA 1 2 3 CITY OF CARLSBAD 1 ss COUNTY OF SAN DIEGO 1 4 I, JAMES C. HAGAMAN, Secretary to the Planning 5 hereby certify that the foregoing resolution was duly 6 Commission of the City of Carlsbad, California, do of said Commission held on the 11th day of July, 1979 g Commission of the City of Carlsbad at a regular meeting 8 introduced, approved and adopted by the Planning 7 10 by the following roll call vote: 11 NOES: None 12 AYES: L'Heureux, Marcus, Larson, Schick, Jose ABSENT: Rombotis 14 ABSTAIN: Wrench 13 15 16 17 18 19 2o i 21 22 23 24 25 26 27 28 ~ I~ ZCA-105 -3- ~ v m _,\I. ~ . . . w JUNE-.^^, 1979 . ' I /I ORDINANCE NOe 2 3 4 5 6 ,. 7 AN ORDINANCE OF THE CITY COUNCSL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTERS 21.44 AND 21.48 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.44.020 AND 21.48.080 TO PROVIDE FOR ALTERATION AND EXPANSION OF NONCONFORMING USES AND BUILDINGS. I The City Council of the City of .Carlsbad, California herebl ll .. 8 ordains as, follows: 9 SECTION 1.: That Title 21, Chapter 21.44 of the Carlsbad 10 Municipal Code is amended by the amendment of Section 21,44.020 .13. 12 9 -- moo Yg uz 8 dlL w 5. 0032 z>zz. m6 4 ot-zy u: 0 44 5.G g 6 w 2.2 q g 2 (ir a -5 -V wo VC m >I- @z -1 > t- o 13 s4 15 16 17 '18 19 ', 20 21 22 23 24 25 26 ' 27 28 I I to substitute the word "Title" for the word "Chapter" in . the first sentence of said section, . SECTION 2: That Title 21, Chap& 21.48- of the CarPsbad Municipal Code is amended by the amendment of Section 21.4.8..08t .- . to read as follows: I. " ,"21.48.080 Alteration, etc. of uses and buildings. . (a) Except as provided in this section,. a nonconforming use or building shall not be altered, improved, reconstructed, restored, repaired or extended. (b) A nonconforming building destroyed to the extent of not more than twenty-five percent of its replacement value as determined by the City Building Official at the time of its . destruction by fire, explosion, or other casualty or act of God, or public enemy, may be restored and the occupancy or use of such building, or part thereof, which exists at the time of such partial destruction may continue subject to all other provisions of this chapter. abatement as established by this chapter. of a nonconforming building rendered necessary by ordinary wear and tear and which does not increase.the degree of nonconformity of a nonconforming building, nor increase the ,degree or size of a nonconforming use may be made, provided that: alterations shall not exceed ten percent of the building*s replacement value at the time the building permit.is applied for as determined by the City Building Official. .. Such restoration shall not extend the time of (c) Incidental reconstruction, repair or rebulding 1. The aggregate .value of such repairs or /// * '. ' . .. 0 ?a -18 e2 g -?.& z Za sz.2 u:. Za mi341 !&m ggN2 .ou G03z wu q 2. L: cj - V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 I-8 I 20 I 21 22 23 24 25 26 27 28 w. w -. .. 2, That such reconstructioh, repair or rebuilding 3. Such repairs, reconstruction or, rebuilding complies with the provisions of Title 18 of this Code, shall not extend tkie time of abatement established by this chapter. (dl A nonconforming use or building may be altered, . improved, reconstructed,, restored, repaired or extended as may be permitted by the Planning Commission upon granting of the Conditional yse Permit processed according to the procedures established in Chapter 21.50 of this Code. Before a Conditional Use Permit may be granted all provisions of Chapter 21.50 shall be met and it shall be shown that: improvement, reconstruction, restoration, repair or extension shall not exceed twenty-five percent of the total replacement at the time the Conditional Use Permit.is applied for as determined by the City Building Official of all improvements on the site unless the building or structure is changed to a conforming use , 2.. The proposed alteration, improvement, recon- struction, restoration, repair or extension is of a type of structure that is specifically designed to be easily removed, 3. The proposed alteration, improvexent, recon- struction, restoration, repair or extension neets all construct setback, coverage, planning and all other applicable. requiremen of this Code. In approving such Conditio>al Use Permit, the Plannin Commission shall establish a- date by .which all nonconforming . structures and uses shall be made conforming or removed from the site.. In no event shall the date for such removal or compliance extend beyond tkie date set according to the pro- visions of this Title for abatement of the existing'nonconformi use. Extensions of said date for abatement shall be permitted only upon approval of amendment of the Conditional Use Permit and, then, only upon showing of good'cause. A Conditional Use Permit or amendment shall be effective only upon execution by the applicant of written acceptance of the Conditional Use Permit, or amendment. Such acceptance shall include an agreement by the appl'ieant to remove all nonconforming uses and buildings or structures, or make them conforming, on or before the date for removal established by the Conditional Use Permit or amendment in exchange for permis.sion to alter, improve, reconstruct, reskore, repair or extend. The Planning Director shall cause each Condi.tiona1 Use Permit, complete with abatement date, or any amendment to the Conditional Use Permit, extending an abatement date, to be recorded'at the Office of the County Recorder within five days after the issuance of the permit' or amendment, Any alteration, improvement, reconstruction, restoration, repair or extension undertaken pursuant to the Conditional Use Permit shall be commenced'within three months'after the issuance of the permit unless an extension is g,ranted by the Planning Commission. be changed to any other nonconforming use, building or structul 2. Q. 1. .The aggregate value of the proposed alteration, (e) No nonconforming building, structure, or 'use shall 7 II :. W w :-. .. 0 SW a2 g ;:lu5 DOZE. 2% >O gtUE. u: * 54 gzwg& &E N 2 20 0 U-J UU 20 UJ 5s i > .o k 0 .1 ' 11 EFFECTIVE DATE: This ordinance shall be effective II 2 thirty'days after its adoption, and the City ?Clerk shall 3 8 Carlsbad'City Council held on the . day of F 7 INTRODUCED AND FIRST READ at a regular meeting of the 6' fifteen days after its adoption., '5 published at least once in the Carlsbad Journal within 4 certify to the adoption of this ordinance and cause it to be 1979 and thereafter L. 9 PASSED AND ADOPTED at a regular meeting of said City . 20 ABSENT: . 34 NOES : 13 AYES : 12 .following vote, to wit: 11 Council held- on the day of p '1979 by the *- 15 16 17 18 39 20 21 22 23 . 24 . R0NALD.C. PACKARD, Mayor ATTEST: -\ -. .. ALETHA L. RAUTENKRANZ, City Clerk (SEBL) 25 26. 27 . . 28 .. 3. II