HomeMy WebLinkAbout1992-06-02; City Council; NS-203; Urgency Ord - Prohibit R-1 zone accessory structures building permits...1
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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
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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
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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.
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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,
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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
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