HomeMy WebLinkAbout1992-07-14; City Council; NS-206; Urgency Ord (+NS-203 ext.) - R-1 zone accessory structures bldg permits...* Ii 0 0
1
2
3
4
5
6
ORDINANCE NO. NS-206
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA, EXTENDING ORDINANCE NO. NS-203 AND 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, AND PROHIBITING CONTINUED CONSTRUCTION OF SUCH STRUCTURES
WHERE THEY EXCEED ONE STORY IN HEIGHT AND A
FINAL INSPECTION OR CERTIFICATE OF OCCUPANCY
HAS NOT BEEN ISSUED.
7 11 WHEREAS, at its regular meeting of May 19, 1992, t
8
9
10
Council received testimony during the public comment period th
the location and construction of accessory structures in t
required rear yard or side yard setbacks in the ~-1 zone obstru
''//required light, heat, air and otherwise obstruct desirab
l2 j/openness ; and
13 11 WHEREAS, at its regular meeting of June 2, 1992, tl
14/iCity Council adopted Urgency Ordinance No. NS-203 prohibiting tl
1511acceptance, processing or issuance of building permits fc
l6
R-1 zones and prohibiting continued construction of su( I'
accessory structures in the required side or rear yard setbacks :
l8
or certificate of occupancy has not been issued; and I'
structures exceeding one story in height where a final inspectic
I
2o !I WHEREAS, Government Code Section 65858(a) allows t]
21 /City Council to extend Ordinance No. NS-203 for a period of :
22 IImonths and 15 days if a publicly noticed hearing is held within 4
23 lldays after adoption of the Urgency Ordinance; and
24
26
of two stories; and 25
WHEREAS, these structures may be permitted to a heigk
WHEREAS, it has been determined that such structures mz
27 /(represent a fire hazard to other nearby structures; and
28
1
2
3
4
0 0
WHEREAS, it has been determined such structures may
constructed on required utility easements; and
WHEREAS, such structures may be prohibited by t
operation of Carlsbad Municipal Code Section 21.10.050(1) (b) ; a1
WHEREAS, it has been determined such structures E
5
6
accessory in nature and do not represent an expenditure
substantial liabilities; and
7 11 WHEREAS, other property owners have been deni
8
9
10 WHEREAS, it has been determined the construction of su
I' structures make access for utility companies and emergency semi
12
Permission to build such structures in the required side yard a
rear yard setbacks; and
vehicles or personnel difficult; and
13
I'
building permits until these studies are completed and the zonil l7
WHEREAS, the processing, approval and issuance (
16
certain circumstances; and 15
of such structures and amend its zoning code to prohibit them
WHEREAS, the City intends to study the appropriatener
181!district amended, would severely prejudice the ability of the Cii
l9
20
Ito prohibit such structures; and
where they exceed one story in height represent a current ar 23
building permits and continued construction of such structure 22
stated above that the continued processing and issuance t 21
WHEREAS, the City Council has determined for the reas01
24
25
hl'lediate threat to the public health, safety and welfare; and
27
GovaX'lment Code Section 65858(a) allowing the adoption of such 26
WHEREAS, this ordinance is adopted pursuant t
28
2
0 0
urgency ordinances by a four-fifths vote of its legislative bc
and prohibiting any uses which may be in conflict with a zonj 1
2 il Proposal which the City is considering or studying.
.r
a I1 NOW, THEREFORE, the City Council of the City of Carlsk 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
does ordain as follows:
SECTION I: That the above recitals are true E
correct.
SECTION 11: No building permit application shall
accepted, processed or approved and no building permits issued f
accessory structures or other structures in the R-1 zone E
portion of which is located within the required rear yard or sj
yard setbacks.
SECTION 111: Building permits for such structur
previously issued but for which there has been issued no fir
inspection or certificate of occupancy are suspended pendi
adoption of a zone code amendment addressing this issue and
continued construction is authorized on such structures unless t
building height is limited to less than one story.
~
SECTION IV: The prohibitions contained in th
'ordinance may be waived after notice and public hearing UT
findings by the City Council that the continued construction
issuance of permits for such structures do not represent a thre
to public health or safety.
DECLARATION OF URGENCY: This ordinance is here
declared to be an emergency ordinance adopted as an urger
measure to protect the public health, safety and welfare and sha
take effect immediately upon its adoption. The facts constituti
the emergency are set forth above and represent a current a
I! 3
a 0
immediate threat to the public health, safety or welfare
1
2
3
4
5
6
7
8
9
10
11
EFFECTIVE DATE: This ordinance shall be effect;
immediately upon passage and shall be of no further force e
effect after ten months and fifteen days or until the zone cc
amendment is considered and acted upon whichever occurs fir
unless the interim ordinance is again further extended r:
Government Code Section 65858.
At least ten days prior to the expiration of th
interim ordinance, or any extension thereof, the City Counc
shall issue a written report describing the measures it has tal
to alleviate the conditions which lead to the adoption of tk
ordinance. The City Clerk of the City of Carlsbad shall certj
12//to the adoption of this ordinance and cause it to be publisk -
131/once in the Carlsbad Journal within 15 days after its adoptior
14
decision of any court of competent jurisdiction, such decisi I.7 reason held to be invalid or unconstitutional by the fir
l6
sentence, clause, phrase or part of this division is for e 15
SEVERABILITY CLAUSE: If any section, subsectic
l8
jchapter. The City Council hereby declares that it would hi l9
Ishall not affect the validity of the remaining parts of tl:
20i!adopted this division and each section subsection, sentenc
21 Ilclause, phrase or part thereof irrespective of the fact that i
22/one or more sections, subsections, clauses, phrases, or parts
23
24
25
26
27
28
declared invalid or unconstitutional.
...
...
*..
...
I/ 4
b
a
1
e 0
INTRODUCED, PASSED AND ADOPTED at a regular meeting
.I. the Carlsbad City Council on the 14th day JULY 195
and thereafter 2
3
4
5
6 APPROVED AS TO FORM AND LEGALITY
7
AYES: Council Members Lewis, Kulchin, Larson, stan
NOES :
ABSENT: Council Member Nygaard
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.* k.
RONALD R. BALL, Acting City Atto,mey/
71 /F $q * /" 6: [ // /-
;; i. q7. ~ // ,t / J
, ,' i i .> /: ,/.qp fl', ,/./ , ,, I& /I -iJ +/, .f/ j( ,/,p J I( ;"------------------------------------- ,' '/, N I.;*, /! p e */- , Z' u CyEAaDl$ % .' 'LEWIS , Mayor
I/
,
'I
ATTEST:
.dl% 2 & 1
ALETHA L. RAUTENKRANZ, City Clejk
5