HomeMy WebLinkAbout1979-10-02; City Council; 5712-3; Expansion of Nonconforming UsesCITY OF CARLSBAD V_ „ /
AGENDA BILL NO. 5712-Supplement #3 _ Initial:
Dept.Hd.
DATE: October 2, 1979
DEPARTMENT: _ City Attorney _ ' C. Mgr
Subject: EXPANSION OP NONCONFORMING USES — REPORT FROM PLANNING
COMMISSION. CASE NO.: ZCA-105 APPLICANT: City of Carlsbad
Statement of the Matter
The City Council at your September 18, 1979 meeting, directed
the City Attorney to prepare documents amending Title 21,
Chapters 21.44 and 21.48 of the Carlsbad Municipal Code
by the amendment of Sections 21. 44. 020 and 21.48.080 to
provide for the alteration, repair or expansion of
nonconforming uses and buildings. An ordinance adopting
ZCA-105 is attached.
Exhibit
Ordinance No.
Recommendation
If the City Council concurs, Ordinance No.9«5\3 f should
be introduced.
Council Action:
10-2-79 Council introduced Ordinance No. 9538, amending the Municipal Code
to provide for the alteration, repair or expansion of nonconforming
uses and buildings.
10-16-79 Council adopted Ordinance 9538.
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ORDINANCE NO. 9538
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 21, CHAPTERS 21.44 AND 21.48 OF
THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTIONS 21.44.020 AND
21.48.080 TO PROVIDE FOR THE ALTERATION,
REPAIR OR EXPANSION OF NONCONFORMING USES
AND BUILDINGS.
The City Council of the City of Carlsbad, California
hereby ordains as follows:
SECTION 1: That Title 21, Chapter 21.44 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.44.020
to substitute the word "Title" for the word "Chapter" in the
first sentence of said section.
SECTION 2: That Title 21, Chapter 21.48 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.48.080
to read as follows:
"21.48.080 Alteration, Repair or expansion c-f •
nonconforming uses. (a) Except as provided in this section,
a nonconforming use or building shall not be altered, improved,
reconstructed, restored, repaired, intensified, expanded or
extended.
(b) A nonconforming building destroyed to the extent of
not more than twenty-five percent of its replacement value as
determined by the City Building Official at the time of its
destruction by fire, explosion, or other casualty or act of
God, or public enemy, may be restored and the occupancy or
use of such building, or part thereof, which exists at the
time of such partial destruction may continue subject to all
other provisions of this chapter.
Such restoration shall not extend the time of
abatement as established by this chapter.
(c) Incidental reconstruction, repair or rebuilding
of a nonconforming building rendered necessary by ordinary
wear and tear and which does not increase the degree of
nonconformity of a nonconforming building, nor increase the
degree or size of a nonconforming use may be made, provided
that:
1. The aggregate value of such repairs or
alterations shall not exceed ten percent of the building's
replacement value at the time the building permit is applied
for as determined by the City Building Official.
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2. That such reconstruction, repair or rebuilding
complies with the provisions of Title 18 of this Code.
3. Such repairs, reconstruction or rebuilding
shall not extend the time of abatement established by this
chapter.
(d) A. nonconforming use or building may be altered,
improved, reconstructed, restored, repaired or extended as
may be permitted by the Planning Commission upon granting of
the Conditional Use Permit processed according to the
procedures established in Chapter 21.50 of this Code. Before
a Conditional Use Permit may be granted all provisions of
Chapter 21.50 shall be met and it shall be shown that:
1. The aggregate value of the proposed alteration,
improvement, reconstruction, restoration, repair or extension
shall not exceed twenty-five percent of -the total replacement
at the time the Conditional Use Permit is applied for as
determined by the City Building Official of all improvements
on the site unless the building or structure is changed to a
conforming use. Such aggregate value may be increased up to
fifty percent of total replacement for those uses which
provide a public service traditionally provided by the City.
2. The proposed alteration, improvement, recon-
struction, restoration, repair or extension is of a type of
structure that is specifically designed to be easily removed.
3. The proposed alteration, improvement, recon-
struction, restoration, repair or extension meets all
construction setback, coverage, planning and all other
applicable requirements of this Code.
in approving such Conditional Use Permit, the
Planning Commission shall establish a date by whjLch all
nonconforming structures and uses shall be made conforming or
removed from the site. In no event shall the date for such
removal or compliance extend beyond the date set according to
the provisions of this Title for abatement of the existing
nonconforming use. Extensions of said date for abatement shall
be permitted only upon approval of amendment of the Conditional
Use Permit and, then, only upon showing of good cause. A
Conditional Use Permit or amendment shall be effective only
upon execution by the applicant of written acceptance of the
Conditional Use Permit, or amendment. Such acceptance shall
include an agreement by the applicant to remove all nonconforming.
uses and buildings or structures, or make them conforming,
on or before the date for removal established by the Conditional
Use Permit or amendment in exchange for permission to alter,
improve, reconstruct, restore, repair or extend.
The Planning Director shall cause each Conditional
Use Permit, complete with abatement date, or any amendment to
the Conditional Use Permit, extending an abatement date, to be
recorded at the Office of the County Recorder within five
days after the issuance of the permit or amendment. Any
alteration, improvement, reconstruction, restoration, repair
or extension undertaken pursuant to the Conditional Use Permit
shall be commenced within three months after the issuance of
the permit unless an extension is granted by the Planning
Commission.
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••NT F. BIONDC, JR.YEY - CITY CF CARLSBAD!00 ELM AVENUEiD. CALIFORNIA 92008« £ " 3It a> t- K
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(6) No nonconforming building, structure, or use shall
• be changed to any other nonconforming use, building or
structure." •
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall
certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular me*
Carlsbad City Council held on the 2nd day o
1979 and thereafter
PASSED AND ADOPTED at a regular meeting o
Council held on the 16th day of October ,
following vote, to wit:
AYES: Councilmen Packard, Skotnicki, A
Counci Iwoman Casler
NOES: None
ABSENT: None s^~~~2
/sr^t~&{><^
—RONALD C . PACKARI
ATTEST:
dfcaU. J. tfa^zfaJL.^'
ALETHA L. RAUTENKRANZ, City ClerA
(SEAL)
• •
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.
-3-
ting of the
October /
said City
1979 by the
lear, Lewis and
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^£^i**s\
I , Mayor
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