HomeMy WebLinkAbout1973-01-02; City Council; 991; Amendment to Municipal CodeTHc CITY OF CARLSBAD, CALIFORNIA
Agenda Bill ^o. ^f~*~ ' Date /— »2-
Referred To: CITY COUNCIL
Subject: Amendment to Carlsbad Municipal Code - Submitted By:
Request for an Amendment to Section 21.42.010, PLANNING
Title 21, Carlsbad Municipal Code, regarding COMMISSION
Circuses and Carnivals.
Statement of the Matter
This matter was considered at the regular meeting of the Planning
Commission held on December 12, 1972. The application, which was
initiated by Staff, was approved as recommended. (Staff Report
dated December 6, 1972, Exhibit No. 1) _
Exhibit
1. Staff Report
2. Resolution No. 859
Staff Recommendations
Staff recommendations are more completely outlined in
the above referenced staff report.
A.B No. Date
City Manager's Recommendation
Council Action
1-2-72 The public hearing was held and closed, and the matter deferred
until the next regular meeting, pending a review by the City
Attorney regarding waiver of business license fees.
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Staff Report/Memo: dum December 6, 1972
TO:
FROM:
SUBJECT:
APPLICANT:
PLANNING COMMISSION
PLANNING DEPARTMENT
AMENDMENT TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE,
SECTION 21.42.010 REGARDING CIRCUSES AND CARNIVALS.
INITIATED BY STAFF
Report submitted by:City Manager, Fire, Building, Engineering,
Parks & Recreation and Planning Departments
General Discussion:
The following amendment is recommended by Staff to Title 21 of the
Carlsbad Municipal Code, Section 21.42.010 Permitted Uses (2)
(D) Circuses and carnivals:
1. Those constructed and operated by a Community, school or ch.,ch
group for a period of not more than two days, the location-of Which
sh»U:-b6': approved by^tfee City Manager. c The'City-Mahaf er df
shall have the exclusive authority to issue or deny a Conditional
Use Permit for circuses or carnivals.
2. A permit for a period of not more than two days for circuses or
carnivals that are being held for a charitable cause. Provisions
for liability insurance, police protection, cleanup, and maintenance
shall be submitted in a form acceptable to the City Attorney, and in
an amount determined by the City Manager.
of the subject amendment for the following
Recommendations:
Staff recommends approval
reasons:
Reasons of Approval :
1. This Amendment will enable those circus and carnival activities
of a charitable nature to be approved by Administrative action under
proper City of Carlsbad guidelines.
A. AGATEP,
Planning Director I
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CODE REGARDING CIRCUSES AND CARNIVALS.
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PLANNING COMMISSION RESOLUTION NO.859
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT
TO TITLE 21, SECTION 21.42.010 OF THE CARLSBAD MUNICIPAL
WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad
Municipal Code, the Planning Commission did on December 12, 1972,
hold a duly noticed public hearing to consider the following amendment
to Title 21, Section 21.42.010.
SECTION 21.42.010 Permitted Uses. (2) (D) Circuses and Carnivals
Circuses and carnivals, only those constructed and
operated by a community school or church group for a
period of not more than two days only, and provided
said use is approved by the city manager and will be
contained within the school or church property.
TO BE REVISED TO READ:
Section 21.42.010 Permitted Uses. (2) (D) Circuses and Carnivals
Those held for a charitable cause and operated by a
Community, School or Church group for a period of
not more than two days, the location of which shall
be approved by the City City Manager. The City Manager
shall have the exclusive authority to issue or deny
a Conditional Use Permit for circuses or carnivals.
Provisions for liability insurance, police protection,
cleanup and maintenance shall be submitted in a form
acceptable to the City Attorney, and in an amount
determined by the City Manager.
WHEREAS, at said public hearing, upon hearing and considering the
testimony and arguments, if any, of all persons who desired to be heard,
said Commission did find the following reason to exist which makes the
adoption of an amendment to Section 21.42.010 necessary to carry out the
provisions and general purpose of Title 21 of the Carlsbad Municipal Code:
1. This Amendment will enable those circus and carnival
activities of a charitable nature to be approved by
Administrative action under proper City of Carlsbad
guidelines.27 '
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Carlsbad, that it does hereby recommend to the City Council the
adoption of an Amendment to Title 21 of the Carlsbad Municipal Code.
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1 RESOLUTION NO. 3040
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING
3 FINDINGS AND DECISION REGARDING AN AMEND-
MENT TO THE MUNICIPAL CODE TO PROVIDE FOR
4 CIRCUSES AND CARNIVALS UNDER CERTAIN
CIRCUMSTANCES ON APPROVAL OF THE CITY
5 MANAGER.
6 WHEREAS, on the 12th day of December, 1972, the Carlsbad
City Planning Commission adopted Resolution No. 859, which is
herewith referred to and made a part hereof; and
WHEREAS,'on January 2, 1973, a duly advertised Public Hearing
was held to consider the proposed amendment to Section 21.42.010
11 of the Carlsbad Municipal Code; and
WHEREAS, the City Council received all recommendations and
heard all persons interested in or opposed to the proposed
14 amendment;
NOW, THEREFORE, the City Council of the City of Carlsbad
hereby find, and adopt as the findings of the City Council the
recommendations of the Planning Commission as set forth in the
18 above referenced resolution of the Planning Commission.
19 IT IS HEREBY CERTIFIED by the City Council of the City of
20 Carlsbad that the approval of the proposed amendment is necessary
to carry out the general purpose of Ordinance No. 9060, as
22 amended.
23 IT IS HEREBY DECLARED by the City Council of the City of
24 Carlsbad that said City Council intends to adopt an ordinance to
25 effectuate the proposed amendment.
26 PASSED, APPROVED AND ADOPTED at a regular meeting of the
27 Carlsbad City Council held on the 2nd day of January, 1973,
by the following vote, to wit:
29 AYES: Councilmen Dunne, McComas , Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
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DiAV ID M.DUNNE, May o r~~o f the
32 ATTEST- Ci ty of Carlsbad, California
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD AMENDING SECTION 21.42.010 (2) (D)
OF THE CARLSBAD MUNICIPAL CODE TO PROVIDE FOR
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STANCES ON APPROVAL OF THE CITY MANAGER.
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ORDINANCE NO. 9342
CIRCUSES AND CARNIVALS UNDER CERTAIN CIRCUM-
WHEREAS, on the 12th day of December, 1972, the
Carlsbad City Planning^Commission adopted Resolution No. 859,
which is herewith referred to and made a part hereof; and
WHEREAS, on January 2, 1973, a duly advertised Public
Hearing was held to consider the proposed amendment to Section
21.42.010 of the Carlsbad Municipal Code; and
WHEREAS, the City Council has received all recommenda-
tions and heard all persons interested in or opposed to the pro-
" posed amendment.
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of Carlsbad as follows:
17 SECTION 1. SUBSECTION (2) (D), OF SECTION 21.42.010
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to read as follows:
"(2) (D) Circuses and Carnivals:
AMENDED. Section (2) (D) of Section 21.42.010 is hereby amended
19 "
The City Manager shall have authority to
issue or deny a conditional use permit for cir-
cuses and carnivals for a period not to exceed
two (2) days, as follows:
1. Those sponsored by a school or church
group; provided that such use is confined to
the school or church property.
2. Those sponsored by a community group
for a charitable cause, subject to provisions
for liability insurance, police protection,
cleaning and maintenance as determined by the
City Manager."
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AND FINALLY RESOLVED, that a copy of this Resolution be
forwarded to the City Council for its attention in the manner
prescribed by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Planning Commission held on the 12th day of December, 1972, by the
following vote, to wit:
AYES: Commissioners Forman, Norman, Dewhurst, Little and Jose.
NOES: None
ABSENT: Commissioners Palmateer and Dominguez.
ATTEST:ELMER H. JOSE, JR., Chairman
EDMOND W. DOMIN60EZ, 'Se~cr,e£ay
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SECTION 2. EFFECTIVE DATE. This Ordinance shall take
effect and be in force on the thirty-first day from and after its
adoption.
SECTION 3. PUBLICATION. The City Clerk of the City
of Carlsbad is hereby directed to cause this Ordinance to be
published once in the Carlsbad Journal, within fifteen (15) days
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 16th day of January
1973, and finally PASSED, APPROVED AND ADOPTED at a regular meet-
ing held on the 6th day of February , 1973, by the
following vote, to-wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and
Frazee.
NOES: None.
ABSENT: None.
DAVID M. DUNNS, Mayor of the City
of Carlsbad, California
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)
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