HomeMy WebLinkAbout1981-06-10; Planning Commission; Resolution 1819\ a e
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PLANNING COMMISSION RESOLUTION NO. 1819
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 23
CHAPTER 21.04, SECTION 21.04.145 OF THE CARLSBAD MUNICIPAL CODE, TO REDEFINE "FAMILY". APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA-135
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WHEREAS, the Planning Commission did, on the 10th da
June, 1981, hold a duly noticed public hearing as prescribed
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and co
sidering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
lating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin
Commission as follows:
A)That the above recitations are true and correct.
B) That based on the evidence presented at the public hearin the Commission recommends APPROVAL of ZCA-135, according Exhibit "A", dated June 10, 1981, attached hereto and mad part hereof, based on the following findings:
Findings:
1) That the California Supreme Court and a California Court Appeal have ruled that city ordinances defining "family" terms similar to those used by the city of Carlsbad, viol the state constitution.
2) That the proposed amendment will protect the residential character of Carlsbad's neighborhoods in a manner consist with the right to privacy of all residents.
3) This project will not cause any significant environmental pacts, and a Declaration of Negative Environmental Impact been issued by the Planning Director on June 4, 1981 and . proved by the Planning Commission on June 10, 1981.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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the 10th day of June, 1981, by the following vote, to wit: 3
Planning Commission of the city of Carlsbad, California, helc
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AYES: Chxhnan Marcus, Commissioners Rombotis, Farrob
NOES: None ,
Schlehuber, Jose, Friestedt and L’Heureux,
6 ABSENT: None.
7 ABSTAIN: None.
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11 ATTEST:
L” / a1 rman KAN~NG CO~MISSION
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LSBAD PLANNI LSBAD PLANNI
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PC RES0 #1819 -2-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.1 OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF SECTION 21.04.145 TO REDEFINE "FAMILY".
The City Council of the city of Carlsbad, California, doe:
dain as follows:
SECTION I: That Title 21, Chapter 21.04 of the Carl sbad D
cipal Code is amended by the amendment of Section 21.04.145 tc
as foll ows:
"21.04.145 Family. "Family" means a reasonable number 0' sons who constitute a bonafide single housekeeping unit. Res. and operators of a residential care facility serving six or fr persons shall be considered a family for purposes of any zonir regulation relating to residential use of such facilities."
EFFECTIVE DATE: This ordinance shall be effective thirty
after its adoption, and the City Clerk shall certify to the ac
tion of this ordinance and cause it to be pub1 ished at least c
in the Carlsbad Journal within fifteen days after its adoptior
INTRODUCED AND FIRST READ at a regular meeting of the Carl
City Council held on the day of , 1981 ana
thereafter.
PASSED AND ADOPTED at a regular meeting of the said City C
cil he1 d on the day of , 1981 by the followin
vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayo ATTEST:
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28 ALETHA L. RAUTENKRANZ, City Cl er k
(SEAL)