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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. -2- 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 2 CODE REGARDING CIRCUSES AND CARNIVALS. 3 4 8 9 10 11 12 13 15 16 17 19 20 21 22 23 24 25 26 28 29 30 31 32 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. XX XX -1 - 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. 31 DiAV ID M.DUNNE, May o r~~o f the 32 ATTEST- Ci ty of Carlsbad, California ,5-25 1 2 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 4 STANCES ON APPROVAL OF THE CITY MANAGER. 5 6 7 8 9 10 11 12 13 20 21 22 25 24 25 26 27 28 29 30 31 32 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 18 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." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 -2- 1 2 3 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 29 30 31 32 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) -2-