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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 /// /// 1 2 3 4 5 6 7 e 9 ZC 11 1: 2( 2: 2: 2; 21 2! 2t 2' 21 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 ) a