HomeMy WebLinkAbout1983-04-05; City Council; 9675; CMC 21.46.120(7) add - Side/rear yard setback intrusionsORDINANCE NO. 9675
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.46 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION
OF SECTION 21.46.120(7) TO ALLOW CERTAIN INTRUSIONS
INTO SIDE AND REAR YARD SETBACKS ADJACENT TO
PERMANENT OPEN SPACE SUBJECT TO A PERMIT ISSUED
BY THE LAND USE PLANNING MANAGER.
The City Council of the City of Carlsbad does ordain as
follows:
SECTION 1: That Title 21, Chapter 21.46 of the
Carlsbad Municipal Code be amended by the addition of Section
21.46.120(7) to read as follows:
(7) Upon approval of the Land Use Planning Manager the following intrusions may project to the property lines of side or rear yards immediately adjacent to permanent open space areas :
(A) Unenclosed balconies, patios and decks which
extend above the existing ground level. In making the determination, the Land Use Planning
Manager shall follow the procedures as set forth in Chapter
21.51 of this Title except that the findings stated in
Section 21.51,010(2) (A) and (B) need not be made, The Land Use Planning Manager shall find that
approval of the variance will not cause any adverse physical or
visual impacts on adjacent properties.
EFFECTIVE DATE: This Ordinance shall be effective
thirty days after its adoption and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
day of March I Carlsbad City Council held on the 15th
19 83 I and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 5th day of Ap ril r 19 83 by
the following vote, to wit:
AYES : Council Merhrs CAsler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
ATTEST :
1 MARY H.,&ASLER, Mayor
(Seal )
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