HomeMy WebLinkAbout1986-10-14; City Council; 9812; CMC 21.42.020/.43.020(5) amend - 1st amendment activities permits reviewJ
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ORDINANCE NO. 9817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER
21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTION 21.42.020 AND TITLE 21,
CHAPTER 21.43 OF THE CARLSBAD MUNICIPAL CODE BY
THE AMENDMENT OF SECTION 21.43.020(5) TO MODIFY
THE STANDARDS OF REVIEW FOR CERTAIN PERMITS
WHICH INVOLVE FIRST AMENEMENT ACTIVITIES.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.42 of the Carlsbad
Municipal Code is amended by the addition of Section 21.42.020(5)
to read as follows:
"(5) When the subject of the application for conditional use permit is protected by the First Amendment to
the United States Constitution, or Article I, Section 2 of the
California Constitution then only the definite objective
guidelines and standards of this chapter and of any other
chapter of this code applicable to the property shall apply.
The general health, safety and welfare requirements of
subsection (1) shall not apply and any requirements of this code
which may not be constitutionally applied shall be severed from
the requirements which may be constitutionally applied and those
applicable shall remain in full force and effect."
SECTION 2: That Title 21, Chapter 21.43 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.43.020(5) to delete the words "as a substantial portion" and
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replace them with the words "25 percent or mre" in the first
sentence of that subsect ion.
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
Carlsbad City Council on the 7th day Of October J
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 14th day of October , 1986 by
the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Casler, Lewis, Kulchin, Chick and Pettine
APPROVED AS ,TQ FORM!r4" LEGALITY
%pYQiL/L
MARY H. ASLER, Mayor
ATTEST:
25zL- ALETHA L. MUTEN City Clerp