HomeMy WebLinkAbout1980-02-05; City Council; 6029-1; Zone code amendmentCITY OF CARLSBAD
INITIAL
AGENDA BILL NO. 6029, Supplement #1 Dept. Hd.
DATE: February *• 198° Cty. Atty
DEPARTMENT: Planning cty. Mgr>
SUBJECT:ZONE CODE AMENDMENT, INTERIM ZONING
CASE NO: ZCA-119 APPLICANT: CITY OF CARLSBAD
STATEMENT OF THE MATTER
On October 16, 1979, the City Council reviewed ZCA-119 and requested
a public hearing for adoption. This amendment will provide an
interim zone for the possibility that if a zoning classification
was declared invalid, that the property would automatically be zoned
in some capacity.
The interim zone is to be the L-C Zone. The L-C Zone (Limited
Control), is in itself an interim zone to be placed on property
where planning for future -land use has not been completed or
plans for development have not been formalized. After proper
planning or plan approval has been completed, property zoned L-C
may be rezoned to an appropriate development zone.
The uses permitted in the. L-C Zone are those permitted in the
E-A Agricultural Zone. The ordinance has been drafted and ready
for introduction by the City Council.
EXHIBITS
Planning Commission Resolution No. 1584
Staff Report dated December 12, 1979
Ordinance No. 9540
RECOMMENDATION
Both the Planning Commission and Planning Staff recommend that
ZCA-119 be APPROVED as per Planning Commission Resolution No. .
1584, and that the City Council introduce Ordinance No. 9540.
Council Action:
2-5-80 Council introduced Ordinance No. 9540, amending the Municipal
Code to provide for interim zoning if any zone is declared to
be invalid as applied to specific property.
2-19-80 Council adopted Ordinance No. 9540.
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PLANNING COMMISSION RESOLUTION NO. 1584
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21
OF THE CARLSBAD MUNICIPAL CODE, CHAPTERS 21.39
AND 21.61, SECTION 21.39.040 AND BY THE ADDITION
OF SECTION 21.61.020 TO PROVIDE FOR INTERIM
ZONING IF ANY ZONE IS DECLARED TO BE INVALID
AS APPLIED TO SPECIFIC PROPERTY.
CASE NO: ZCA-119
APPLICANT; CITY OF CARLSBAD
WHEREAS, the city Council at their October 16, 1979, meeting
introduced Ordinance No. 9540, amending the Municipal Code to
provide for interim zoning if any zone is declared to be invalid
as applied to specific property; and
WHEREAS, the Planning Commission of the City of Carlsbad,
did hold a duly noticed public hearing as prescribed by law on
December 12, 1979, to consider the subject amendment;-and
WHEREAS, the Planning Commission received all testimony and
arguments, if any, of all persons desiring to be heard, and
upon hearing and considering all factors relating to Zone Code
Amendment No. 119, found the following facts and reasons to exist:
1. If a zone is determined invalid, the interim zoning will
automatically become effective.
2. The automatic zoning will provide adequate time to study
the property involved for proper zoning.
WHEREAS, the Planning Commission, by the following vote,
recorrinended approval of ZCA-119, as per attached Exhibit "A"
dated October 15, 1979.
AYES: Schick, Rombotis, Jose, Leeds, Marcus, Larson
NOES: None.
ABSENT: Friestedt
MOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing
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recitations are true and correct
{fM/Jft,
DWIN S. SCHTCK, Jr. i Chairman
CARLSBAD PLANNING COMISSION
ATTEST:
^
JAMES'' C. HAGAMAN,•' Secretary
CA'RLSBAD PLANNING COJXIMISSION
7 7 ^
P.C. Resolution No. 1584
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f
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD )
SS
I, JAMES C. HAGAMAN, Secretary to the Planning Commission
of the City of Carlsbad, California, do hereby certify that the
foregoing resolution was duly introduced, approved and adopted
by the Planning Commission of the City of Carlsbad at a regular
meeting of said Commission held on the 9th day of January, 1980,
by the following roll call vote:
AYES: Marcus, Larson, Schick, Leeds.
NOES: None.
ABSTAIN: None. " '
ABSENT: Friestedt, Jose.
ZCA-119
AMES c- HAGAMAN, -'Secretary
CARLSBAD PLANNING COMMISSION
P. C. Resolution No. 1584
.3
MEMORANDUM
DATE: December 12, 1979
TO: Planning Commission
FROM: Planning Staff p
SUBJECT: ZCA-119, INTERIM ZONING
On October 16, 1979, the City Council reviewed ZCA-119
and requested hearing for adoption.
The recent California Supreme Court decision in Agins y.
City of Tiburon declares that the proper remedy for
oppressive zoning is invalidation of an ordinance rather
than of money damages. Presently the Carlsbad Municipal
Code has no provision for automatic iterim zoning should
a court ever delcare any zoning classification, as applied
to any particular property, invalid. This ordinance
would automatically zone property L-C (Limited Control)
should the court declare any zoning within the city to be
unconstituional as applied to specific 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.
It is recommended that ZCA-119 be APPROVED as per Exhibit
"A" dated October 16, 1979, for the following reasons:
1. If a zone is determined invalid, the interim zoning
will automatically become effective.
2. The automatic zoning will provide adequate time to
study the property involved for proper zoning.
Attachment
Exhibit "A" dated October 16, 1979
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ORDINANCE NO. 9540
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA
AMENDING TITLE 21, CHAPTERS 21.39
AND 21.61 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF SECTION
21.39.040 AND BY THE ADDITION OF
SECTION 21.61.020 TO PROVIDE FOR
INTERIM ZONING IF ANY ZONE IS
DECLARED TO BE INVALID AS APPLIED
TO SPECIFIC PROPERTY.
The City Council of the City of Carlsbad, California hereby
ordains as follows:
SECTION 1: That Title 21, Chapter 21.39 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.39.040
to read as follows:
"21.39.040 Minimum area. Except when imposed by operation
of Section 21.61.020 of this code, the L-C limited control zone
shall not be applied to an area of less than one acre."
SECTION 2: That Title 21, Chapter 21.61 of the Carlsbad
Municipal Code is amended by the addition of Section 21.61.020
to read as follows:
"21.61.020 Zoning as the result of judicial decision.
Whenever any zone or zone classification is declared invalid
as applied to any specific property or properties by the
final action of any court of competent jurisdiction, such
property shall automatically be zoned L-C limited control and
shall be subject to the provisions of Chapter 21.39 of this code
without the necessity of any action by the city."
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 meeting of the
Carlsbad City Council held on the 5th day of February /
1900 and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 19th day of "February , 1979 by the
following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and ~
Council woman Casler
NOES: None
ABSENT: None /""~~} j x-"~"~> /? /?
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j&l *-**• *-&i^ & rt^A#«*(
RONALD C. PACKARD, Mayor
'ATTEST:
$A£L J.tfn*jkJL*^
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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