HomeMy WebLinkAbout1979-10-16; City Council; 6029; Interim Zoning Declared Invalid Specific PropertyCITY OF CARLSBIM
AGENDA BILL
DATE:
October 16, 1979
DEPAi'.:eMENT: City Attorney
initial:
Dept.Hd.
C. Atty.
C. Mgr.
_inject: AMENDMENT TO TITLE 21, CHAPTERS 21.39 AND 21.61 OF THE CARLSBAD
MUNICIPAL CODE TO PROVIDE FOR INTERIM ZONING IF ANY ZONE IS DECLARED TO
BE INVALID AS APPLIED TO SPECIFIC PROPERTY.
Staterucnt of the Matter
The recent California Supreme Court decision in Agins v.
City of Tiburon declares that the proper remedy for
ve zoning is invalidation of an ordinance rather
oppressi
than of money damages. Presently the Carlsbad Municipal
Code has no provision for automatic interim znlas should
n
a court ever declare any zoning
applied to any particular property, invalid. This
ordinance would automatically zone property L-C (limited
declareany
control) -should the court liedztolwithin the
specific
city to be unconstitutional as app
property. This automatic zoning would then allow the
city to have adequate time to study the particular
property involved and zone it in a manner that would
meet the court's requirements.
Exhibit
Ordinance No. S
Recommendation
if the City Council concurs,.the proper course of action
is to set this matter to hearing before the Planning
Commission.
Council Action:
10-16-79 Council introduced Ordinance 9540, amending the Municipal Code
to provide for interim zoning if any zone is declared to be
invalid -as applied to specific property.
11-6-79 Council returned the matter to. the Planning Commission for
hearing and report.
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EXHIBIT
OCTOBER 16, 1979
7. ORDINANCE NO: 9540
2 AN ORDINANCE OF THE CITY COUNCIL OF
THP CITY OF CARLSBAD, CALIFORNIA
3 AMENDING TITLE 21, CHAPTERS 21.39
AND 21.61 OF THE CARLSBAD MUNICIPAL
4 CODE BY THE A1,ENDMENT OF SECTION
21.39.040 AND BY THE ADDITION OF y
5 SECTION 21.61.020 TO PROVIDE FOR
INTERIM ZONING IF ANY ZONE I:'
6 DECLARED TO BE INVALID AS APPLIED
TO SPECIFIC PROPERTY.
7
The City Council of the City of Carlsbad, California hereby
8 '
ordains as follows:
9
10 SECTION 1: That Title 21, Chapter 21.39 of the Carlsbad
12. Municipal Code is amended by the amendment of Section 21.39.040
to read as follows:
12
a "21.39.090 Minimum area. Except when imposed by operation
N 02 13 of Section 21.61.020'of this code, the L-C limited control zone
a C) shall not be applied to an area of less than one acre."
Ott wa 14
e o > e SECTION 2: That Title 21, Chapter 21.61 of the Carlsbad
<LL 15
LC U ,U u Municipal Code is amended by the addition of Section 21.61.020
Wz8cd 16
�
- n to read as follows:
0 17
8
u "21.61.020 Zoning as the result of Judibial decision.
18 Whenever any zone or zone classification is declared invalid
as applied to any specific property or E,:operties by the
191 final action of any court of competent jurisdiction, such
property shall automatically be zoned L-C limited control and
20 shall be subject to the provisions of Chapter 21.39 of this code
21 without the necessity of any action by the city."
22 EFFECTIVE DATE: This ordinance shall be effective thirty
23 days after its adoption, and the City Clerk shall certify to
24 the adoption of this ordinance and cause it to be published at
25].east once in to Carlsbad Journal within fifteen days after
its ado_tion.
26
27 INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of ,
28
1979 and thereafter
1
PASSED AND ADOPTED
at a regular meeting of said City
2
Council held on the
-day of , 1979 by the
3
following vote, to wit:
4
AYES:
..
•5
NOES:
6
ABSENT:
7
RONALD C. PACKARD, Mayor
ATTEST:
g
10
11
ALETHA L. RAUTENKRANZ,
City Clerk
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