HomeMy WebLinkAbout1992-06-02; City Council; 11719; Urgency Ordinance Regarding Accessory StructuresCPTF CARLSBAD - AGENMILL 114 . 0 J?.
AB# 1’; 715 TITLE: ADOPTION OF A RESOLUTION OF INTENTION TO STUDY THE
LOCATION OF ACCESSORY STRUClVRES IN REAR AND SIDE YARD DEPT. HD.
MTQ. 6/2/92 SETBACKS IN THE R-l ZONE, LIMITING THE HEIGHT OF SUCH
STRLJCTURES TO ONE STORY, AND ADOPTION OF AN URGENCY CITY Al-W si!E
DEPT. CA ORDINANCE PROHIBITING ISSUANCE AND PROCESSING OF BUILDING
N CITY luQR.J.ig-
RECOMMENDED ACTION:
If the Council concurs, adopt Resolution No. 92-/S'? and Urgency Ordinance No. fis-ao3 prohibiting the acceptance, p;ocessing and issuance of building permits and prohibiting continued construction of accessory or other structures located within the required rear yard or side yard setbacks in the R-l zone and limiting the height of such structures to one story.
I ITEM EXPLANATION
At its mee ing of Tuesday, May 19, 1992, 9 the City Council heard testimony d ring the public comment period regarding the issuance of building permits for construction of accessory buildings in the R-l zone within the required rear or side yard setbacks. In particular, one such accessory structure located at 5480 Carlsbad Boulevard was claimed to be a fire hazard and nuisance. Building permits for the construction of an accessory building had been issued for that structure based on confusing provisions of the Municipal Code. Upon review of those provisions, it does not appear that it was the intent of the Council to allow the construction of such structures.
The conflicting provisions of the Municipal Code dealing with accessory structures in rear yard and side yard setbacks in the R-l zone need to be clarified and staff has recommended this process commence immediately. In the interim, it is recommended that the Council adopt the urgency ordinance which would prohibit processing and issuance of building permits for such structures pending revisions to the zoning code. It would also prohibit continued construction on such structures where a final building permit or certificate of occupancy has not been issued, limit the height of such structures to one story and provide for notice and hearing to affected persons.
This ordinance is adopted pursuant to Government Code Section 65858(a) allowing the adoption of such urgency ordinances by a four-fifths vote of its legislative body and prohibiting any uses which may be in conflict with a zoning proposal which the City is considering or studying.
FISCAL IMPACT
There will be additional staff time in pursuit of zoning code revisions, notices and hearings and administrative and legal proceedings of an undetermined amount.
EXHIBITS
Resolution No. qa- I57
Urgency Ordinance No. j-)&a03 5
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RESOLUTION OF INTENTION NO. 92-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE TO REGULATE THE CONSTRUCTION, LOCATION OR CHARACTER OF ACCESSORY BUILDINGS IN THE REQUIRED REAR YARD AND SIDE YARD SETBACKS IN THE R-l ZONE AND LIMITING THE HEIGHT OF SUCH STRUCTURES TO ONE STORY
Pursuant to Section 21.52.020 of the Carlsbad Municipal
Code the City Council of the City of Carlsbad hereby declares its
intention to consider an amendment of Title 21 of the Carlsbad
Municipal Code to:
"Prohibit, condition, regulate or modify the character, use, location and height of accessory structures or other structures located within the required rear yard and side yard setbacks in the R-l zone."
The Planning Director is directed to study said amendment
and after appropriate study set the matter for public hearing
before the Planning Commission and thereafter before this Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 2nd day of June
1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None A
ABSTAIN: None
ATTEST:
AmTHA L. RAUTENKRANZ, City Clerk
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ORDINANCE NO. NS-703
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AN URGENCY MEASURE PROHIBITING THE ACCEPTANCE, PROCESSING OR ISSUANCE OF BUILDING PERMITS FOR ACCESSORY STRUCTURES IN THE REQUIRED SIDE YARD OR REAR YARD SETBACKS IN THE R-l ZONE, LIMITING HEIGHT OF SUCH STRUCTURES TO ONE STORY AND PROHIBITING CONTINUED CONSTRUCTION OF SUCH STRUCTURES WHERE A FINAL INSPECTION OR CERTIFICATE OF OCCUPANCY HAS NOT BEEN ISSUED.
WHEREAS, at its regular meeting of May 19, 1992, the
Council received testimony during the public comment period that
the location and construction of accessory structures in the
required rear yard or side yard setbacks in the R-l zone obstruct
required light, heat, air and otherwise obstruct desirable
openness: and
WHEREAS, these structures may be permitted to a height of
two stories; and
WHEREAS, such structures may represent a fire hazard to
other nearby structures: and
WHEREAS, such structures may be constructed on required
utility easements; and
WHEREAS, such structures may be prohibited by the
operation of Carlsbad Municipal Code Section 21.10.050(l)(b); and
WHEREAS, such structures are accessory in nature and do
not represent an expenditure of substantial liabilities: and
WHEREAS, other property owners have been denied
permission to build such structures in the required side yard and
rear yard setbacks; and . .
WHEREAS, the construction of such structures make access
for utility companies and emergency service vehicles or personnel
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difficult: and
WHEREAS, the City intends to study the appropriateness of
such structures and amend its zoning code to prohibit them in
certain circumstances; and
WHEREAS, the processing, approval and issuance of
building permits until these studies are completed and the zoning
district amended, would severely prejudice the ability of the City
to prohibit such structures; and
WHEREAS, the City Council has determined for the reasons
stated above that the continued processing and issuance of building
permits and continued construction of such structures represent a
current and immediate threat to the public health, safety and
welfare: and
WHEREAS, this ordinance is adopted pursuant to Government
Code Section 65858(a) allowing the adoption of such urgency
ordinances by a four-fifths vote of its legislative body and
prohibiting any uses which may be in conflict with a zoning
proposal which the City is considering or studying; and
WHEREAS, it is the intent of the City Council to extend
this interim ordinance for ten months and fifteen days or until the
zone code amendment is considered and acted upon following a notice
and public hearing prior to the expiration of 45 days from the
adoption of this ordinance,
NOW, THEREFORE, the City Council of the City of Carlsbad
does ordain as follows:
SECTION I: That the above recitals are true and correct.
SECTION II: No building permit application shall be
accepted, processed or approved and no building permits issued for
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accessory structures or other structures in the R-l zone any
portion of which is located within the required rear yard or side
yard setbacks.
SECTION III: Building permits for such structures
previously issued but for which there has been issued no final
inspection or certificate of occupancy are suspended pending
adoption of a zone code amendment addressing this issue and no
continued construction is authorized on such structures unless the
building height is limited to less than one story. The building
height of such structures is limited to one story.
SECTION IV: The prohibitions contained in this ordinance
may be waived after notice and public hearing upon findings by the
City Council that the continued construction or issuance of permits
for such structures do not represent a threat to public health or
safety.
SECTION V: On or before 45 days following the adoption
of this ordinance, the City Council shall hold a public hearing to
consider extending this ordinance for ten months and fifteen days
plus any additional one year extension or until the zone code
amendment is considered and acted upon, whichever is the lesser
time period. The City Clerk is directed to notice the hearings as
required by Government Code Sections 65090.
DECLARATION OF URGENCY: This ordinance is hereby
declared to be an emergency ordinance adopted as an urgency measure
to protect the public health, safety and welfare and shall take . . effect immediately upon its adoption. The facts constituting the
emergency are set forth above and represent a current and immediate
threat to the public health, safety or welfare.
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EFFECTIVE DATE: This ordinance shall be effective
immediately upon passage and shall be of no further force and
effect after 45 days of the date of its adoption unless extended by
the City Council pursuant to Section V.
At least ten days prior to the expiration of this interim
ordinance, or any extension thereof, the City Council shall issue
a written report describing the measures it has taken to alleviate
the conditions which lead to the adoption of this ordinance. The
City Clerk of the City of Carlsbad shall certify to the adoption of
this ordinance and cause it to be published once in the Carlsbad
Journal within 15 days after is adoption.
SEVERABILITY CLAUSE: If any section, subsection,
sentence, clause, phrase or part of this division is for any reason
held to be invalid or unconstitutional by the final decision of any
court of competent jurisdiction, such decision shall not affect the
validity of the remaining parts of this chapter. The City Council
hereby declares that it would have adopted this division and each
section subsection, sentence, clause, phrase or part thereof
irrespective of the fact that any one or more sections,
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subsections, clauses, phrases, or parts be declared invalid or
unconstitutional.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the Carlsbad City Council on the 2nd day of June I
1992, and thereafter
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
QL2zL&?e ALETHA L. RAUTENKRANZ, City