Loading...
HomeMy WebLinkAbout1992-06-02; City Council; NS-203; Urgency Ord - Prohibit R-1 zone accessory structures building permits...1 2 3 4 5 6 7 8 9 10 11 no, sum cn>z ii!i!g :;% ggg 5;; 055 "nu L%S zi+n is5 'ai oaa uo 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e ORDINANCE NO. NS-203 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AN URGENCY MEASURE PROHIBITING THE ACCEPTANCE, PROCESSING OR ISSUANCE OF BUILDING PERMITS FOR ACCESSORY STRUCTURES IN THE REQUIRED SIDE YARD OR REAR YARD SETBACKS IN THE R-1 ZONE, LIMITING HEIGHT OF SUCH STRUCTURES TO ONE STORY AND PROHIBITING CONTINUED CONSTRUCTION OF SUCH STRUCTURES WHERE A FINAL INSPECTION OR CERTIFICATE OF OCCUPANCY HAS NOT BEEN ISSUED. WHEREAS, at its regular meeting of May 19, 1992, Council received testimony during the public comment period the location and construction of accessory structures in required rear yard or side yard setbacks in the R-1 zone obst required light, heat, air and otherwise obstruct desir openness; and WHEREAS, these structures may be permitted to a heigh two stories: and WHEREAS, such structures may represent a fire hazar other nearby structures; and WHEREAS, such structures may be constructed on requ utility easements; and WHEREAS, such structures may be prohibited by operation of Carlsbad Municipal Code Section 21.10.050(l)(b); WHEREAS, such structures are accessory in nature an not represent an expenditure of substantial liabilities: and WHEREAS, other property owners have been de permission to build such structures in the required side yard rear yard setbacks; and WHEREAS, the construction of such structures make ac for utility companies and emergency service vehicles or persc 1 I 1 2 3 4 5 6 7 8 9 10 11 2w% yr? z:s LLE% :25 krg L%S :&n 053 0 0Ou. 'ai kg? 60 2% 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 difficult: and WHEREAS, the City intends to study the appropriatenes such structures and amend its zoning code to prohibit then certain circumstances: and WHEREAS, the processing, approval and issuance building permits until these studies are completed and the zo district amended, would severely prejudice the ability of the to prohibit such structures: and WHEREAS, the City Council has determined for the rea stated above that the continued processing and issuance of buil permits and continued construction of such structures represe current and immediate threat to the public health, safety welfare; and WHEREAS, this ordinance is adopted pursuant to Govern Code Section 65858(a) allowing the adoption of such urg ordinances by a four-fifths vote of its legislative body prohibiting any uses which may be in conflict with a zo proposal which the City is considering or studying: and WHEREAS, it is the intent of the City Council to ex this interim ordinance for ten months and fifteen days or until zone code amendment is considered and acted upon following a no and public hearing prior to the expiration of 45 days from adoption of this ordinance, NOW, THEREFORE, the City Council of the City of Carl does ordain as follows: SECTION I: That the above recitals are true and corr SECTION 11: No building permit application shal accepted, processed or approved and no building permits issuec 2 I1 0 e 1 2 3 4 5 6 7 a 9 10 11 Om awm cn>z &E& 0: ow uum 055 >-I2 e$= OOLL 0 >mu -a-~ $26 092 wcno 5gY gyj u 12 13 14 15 16 17 - 18 19 20 21 22 23 24 25 26 27 28 accessory structures or other structures in the R-1 zone portion of which is located within the required rear yard or I yard setbacks. SECTION 111: Building permits for such structl previously issued but for which there has been issued no f. inspection or certificate of occupancy are suspended penc adoption of a zone code amendment addressing this issue anc continued construction is authorized on such structures unless building height is limited to less than one story. The buil height of such structures is limited to one story. SECTION IV: The prohibitions contained in this ordin may be waived after notice and public hearing upon findings by City Council that the continued construction or issuance of per for such structures do not represent a threat to public healt safety. SECTION V: On or before 45 days following the adop, of this ordinance, the City Council shall hold a public hearin consider extending this ordinance for ten months and fifteen I plus any additional one year extension or until the zone amendment is considered and acted upon, whichever is the le time period. The City Clerk is directed to notice the hearing required by Government Code Sections 65090. DECLARATION OF URGENCY: This ordinance is he declared to be an emergency ordinance adopted as an urgency mea to protect the public health, safety and welfare and shall effect immediately upon its adoption. The facts constituting emergency are set forth above and represent a current and immed threat to the public health, safety or welfare. 3 1 2 3 4 5 6 7 8 9 10 11 n am mu3 31- 98g 03s ggg vnk *a~ kg5 Ed0 05s 58s c:% u" :%m 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 EFFECTIVE DATE : This ordinance shall be effec immediately upon passage and shall be of no further force effect after 45 days of the date of its adoption unless extende the City Council pursuant to Section V. At least ten days prior to the expiration of this int ordinance, or any extension thereof, the City Council shall i a written report describing the measures it has taken to allev the conditions which lead to the adoption of this ordinance. City Clerk of the City of Carlsbad shall certify to the adoptic this ordinance and cause it to be published once in the Carl Journal within 15 days after is adoption. SEVERABILITY CLAUSE : If any section, subsect sentence, clause, phrase or part of this division is for any re held to be invalid or unconstitutional by the final decision of court of competent jurisdiction, such decision shall not affect validity of the remaining parts of this chapter. The City Cou hereby declares that it would have adopted this division and section subsection, sentence, clause, phrase or part the irrespective of the fact that any one or more sections, ... ". ... ... ... ... ... ... ... 4 1 2 3 4 5 6 7 8 9 0 slug a>: $Ea a0g ;as 03s g9g $3 gv 2s OaJ ou. >-ma WUJV oaa zgri 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e subsections, clauses, phrases, or parts be declared invalic unconstitutional. INTRODUCED, PASSED AND ADOPTED at a regular meetinc the Carlsbad City Council on the 2nd day of June 1992, and thereafter AYES: Council Members Lewis, Kulchin, Larson, Stanton and Ny NOES: None ABSENT : None APPROVED AS TO FORM AND LEGALITY ATTEST: ll&%c4!c- ALETHA L. RAUTENKRANZ, City Clerk 5