HomeMy WebLinkAbout1992-01-07; City Council; NS-189; Urgency Ord - Prohibit 3-story/35' residential structures in R-1-15,000 areas...li 0 e
ll ORDINANCE NO. NS-189
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AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN EMERGENCY MEASURE PROHIBITING THE APPROVAL OF 3 STORY-35 FT. RESIDENTIAL STRUCTURES IN THE R-1-15,000 AREAS NORTH OF AGUA HEDIONDA LAGOON
PENDING CONSIDERATION OF A ZONE CODE
AMENDMENT TO ELIMINATE 3 STORY STRUCTURES
IN THE R-1-15.000 ZONE.
WHEREAS, on October 8, 1991, the City Council appro
7 /a Zone Code Amendment modifying the building height requireme
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9 // WHEREAS, the Zone Code Amendment restricted structul
on single family lots with less than 15,000 sq. ft. , and R-1-15,(
zoning to 2 stories and 30 ft., in height; and
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12 /I WHEREAS, there are single family properties north
Agua Hedionda Lagoon which are zoned R-1-15,000 and have 15, (
sq.ft., of lot area and, therefore, would not be restricted tc
stories and 30 ft., and would be allowed to have 3 story, 35 f*
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structures; and 16
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WHEREAS, a petition was submitted to the City Council
October 8, 1991 requesting that the R-1-15,000 zoned areas no:
of Agua Hedionda Lagoon not be allowed to have structu:
11 exceeding 30 ft., and 2 stories; and 20
21 /I WHEREAS, the City Council directed staff to address tf
issue and return with a report recommending additional hei?
restrictions for this area; and 22
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WHEREAS, staff has recommended processing an additior
amendment to the building height restrictions so that the R-
15,000 zones Citywide, including the affected areas north of A{
Hedionda, will not be allowed to have structures exceeding 30 ft
and 2 stories; and
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WHEREAS, this amendment could take 3-5 months to proc
and hold the required public hearings at the Planning Commiss
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and City Council: and
WHEREAS, during the interim, single family developn
projects could be proposed in the affected areas north of L
Hedionda Lagoon with structures exceeding 30 ft., and 2 stori
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WHEREAS, these projects may be in conflict with
building height amendment consideration and adversely affect
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outcome: and
WHEREAS, these projects could be disruptive
incompatible with the neighborhoods in which they are propos
and
WHEREAS, these projects could be built at an intens
that would adversely impact the health and safety of the citiz,
residing in the neighborhoods; and
WHEREAS, structures built at 3 stories and 35 ft., co
impact public views of Agua Hedionda Lagoon thereby adversi
llaffecting the general public; and 19
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WHEREAS, the City intends to study the impact ol
story, 35 ft. residential structures in the R-1-15,000 zone
particularly in the R-1-15,000 areas north of Agua Hedio
Lagoon: and
WHEREAS, allowing structures in the area north of Ac
Hedionda Lagoon to exceed 2 stories and 30 ft., while the mat1
is being studied could prejudice the study and be in conflict w.
the Zone Code Amendment being considered: and
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WHEREAS, the City Council has determined for the reasc
stated above, that allowing 3 story, 35 ft., high residenti
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structures in the R-1-15,000 zoned areas north of Agua Hedior
Lagoon while the Zone Code Amendment is being studied 2
considered represents a current and immediate threat to the pub1
health, safety and welfare; and 5
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WHEREAS, this ordinance is adopted pursuant
Government Code Section 65858(a) allowing the adoption of SI
urgency ordinances by a four-fifths vote of its legislative bc
(land prohibiting any uses which may be in conflict with a zon: 10
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proposal which the City is considering or studying; and
WHEREAS, it is the intent of the City Council to extc
this interim ordinance for 10 months and 15 days or until the Z(
Code Amendment is considered and acted upon following a notice :
public hearing prior to the expiration of 45 days from 1
adoption of this ordinance.
NOW, THEREFORE, the City Council of the City
Carlsbad, California, does ordain as follows:
SECTION 1: That the above recitations are true 2
correct.
SECTION 2: No building permit application shall
approved in the R-1-15,000 zoned areas north of Agua Hedioi
Lagoon as shown on the attached Exhibit vlAvv map where .
structures would exceed 2 stories and 30 ft. Any building pen
application for a structure in these areas which is 30 ft. ,
less, and does not exceed 2 stories may be approved. I...
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SECTION 3: On or before 45 days following the adoption
of this ordinance, the City Council shall hold a public hearing
consider extending this ordinance for 10 months and 15 days pl
any additional one year extension or until the Zone Code Amendme
is considered and acted upon, whichever is the lesser time peric
The City Clerk is directed to notice the hearings as required
Government Code Section 65090.
DECLARATION OF URGENCY: This ordinance is her€
declared to be an emergency ordinance adopted as an urger
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measure to protect the public health, safety and welfare and sh;
take effect immediately upon its adoption. The facts constitutj
the emergency are set forth above and represent a current ;
immediate threat to the public health, safety or welfare.
EFFECTIVE: This ordinance shall be effectj
immediately upon passage and shall be of no further force ;
effect after 45 days of the date of its adoption unless extenc
by the City Council pursuant to Section 3. ~
~ At least ten days prior to the expiration of t€
interim ordinance, or any extension the City Council shall is:
a written report describing the measures it has taken to allevi;
the conditions which led to the adoption of this ordinance. !
City Clerk of the City of Carlsbad shall certify to the adopt:
of this ordinance and cause it to be published once in 1
Carlsbad Journal within 15 days after its adoption.
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INTRODUCED, PASSED AND ADOPTED at a regular meeting
the Carlsbad City Council on the 7th day January
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19 92 , and thereafter
AYES: Council Members Lewis, Kulchin, Larson and Nygaard
NOES: None
ABSENT : None
ABSTAIN: Council Member Stanton
APPROVED AS TO FORM AND LEGALITY
,%. Q. k. 4‘8.72.
VINCENT F. BIONDO, JR., C
RONALD R. BALL, Acting City At
ATTEST :
“d.MUT@KRANZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
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