HomeMy WebLinkAbout1992-07-14; City Council; 11792; Urgency Ordinance Regarding Accessory StructuresLB# )/ 345 /
ITG. 7114192
IEPT. PLN
CITY --: CARLSBAD - AGENDf-JILL
NS-203 REGARDING ACCESSORY STRUCTURES
IN THE R-l ZONES
C,TY ATT
CITY MGRW
IECOMMENDED ACTION:
ADOPT Urgency Ordinance No. ns- 20 6 , extending Ordinance No. NS-203 prohibiting the
acceptance, processing and issuance of building permits for accessory or other structures
located within the rear or side yard setbacks in the R-l zone and prohibiting the continued
construction of said structure if they exceed one story in height,
At its meeting of June 2, 1992, the City Council adopted Urgency Ordinance No. NS-203.
Adoption of the ordinance was based upon the testimony received by the Council on May 19
and June 2, 1992 regarding the issuance of building permits for construction of accessory
buildings in the R-l zone within required rear or side yard setbacks. These building permits
were issued 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 in required side or rear yard setbacks.
In order to allow staff the time to study the provisions of the code and process a zone code
amendment for possible modifications, the Council adopted Urgency Ordinance No. NS-203.
The ordinance was adopted pursuant to Government Code Section 65858(a) allowing the
adoption of such urgency ordinances in order to prohibit any uses which may be in conflict with
a zoning proposal which the City is considering or studying. The ordinance is only effective for
45 days unless it is extended by a four-fifths vote of the Council after holding a noticed public
hearing. Staff is recommending that the Council extend the ordinance for an additional 10
months and 15 days or until a zone code amendment is considered whichever occurs first.
The interim urgency ordinance contains the following major provisions:
1) Prohibits the acceptance, processing and issuance of building permits for any accessory-
type structures in the required rear and sideyard setbacks in the R-l zones;
2) Prohibits the issuance of a final inspection or certificate of occupancy for such structures
which are presently under construction and where they exceed one story in height; and
3) Provides a process whereby after notice and public hearing, the City Council can waive
the prohibitions of the ordinance upon findings by the Council that the continued
construction or issuance of permits for such structures do not represent a public health
or safety threat.
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
1. Urgency Ordinance No. fl s - 206
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ORDINANCE NO. NS-206
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXTENDING ORDINANCE NO. NS-203 AND 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, AND PROHIBITING CONTINUED CONSTRUCTION OF SUCH STRUCTURES WHERE THEY EXCEED ONE STORY IN HEIGHT AND 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, at its regular meeting of June 2, 1992, the
City Council adopted Urgency Ordinance No. NS-203 prohibiting the
acceptance, processing or issuance of building permits for
accessory structures in the required side or rear yard setbacks in
R-l zones and prohibiting continued construction of such
structures exceeding one story in height where a final inspection
or certificate of occupancy has not been issued; and
WHEREAS, Government Code Section 65858(a) allows the
City Council to extend Ordinance No. NS-203 for a period of 10
months and 15 days if a publicly noticed hearing is held within 45
days after adoption of the Urgency Ordinance: and
WHEREAS, these structures may be permitted to a height
of two stories; and
WHEREAS, it has been determined that such structures may
represent a fire hazard to other nearby structures: and
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WHEREAS, it has been determined such structures may be
constructed on required utility easements: and
2 WHEREAS, such structures may be prohibited by the 3 operation of Carlsbad Municipal Code Section 21.10.050(l)(b); and
4 WHEREAS, it has been determined such structures are
5 accessory in nature and do not represent an expenditure of
6 substantial liabilities: and
7 WHEREAS, other property owners have been denied
a permission to build such structures in the required side yard and
9 rear yard setbacks; and 4
10 WHEREAS, it has been determined the construction of such
11 structures make access for utility companies and emergency service
12 vehicles or personnel difficult: and
WHEREAS, the City intends to study the appropriateness
14 of such structures and amend its zoning code to prohibit them in
15 certain circumstances; and
16 WHEREAS, the processing, approval and issuance of
17 building permits until these studies are completed and the zoning
18 II district amended, would severely prejudice the ability of the City
19 I to prohibit such structures: and
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WHEREAS, the City Council has determined for the reasons
stated above that the continued processing and issuance of
22 building permits and continued construction of such structures
23 where they exceed one story in height represent a current and
24 immediate threat to the public health, safety and welfare: and
25 WHEREAS, this ordinance is adopted pursuant to
26 Government Code Section 65858(a) allowing the adoption of such
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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.
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
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.
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.
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
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immediate threat to the public health, safety or welfare
1 EFFECTIVE DATE: This ordinance shall be effective
2 immediately upon passage and shall be of no further force and
3 effect after ten months and fifteen days or until the zone code
4 amendment is considered and acted upon whichever occurs first
5 unless the interim ordinance is again further extended per
6 Government Code Section 65858.
7 At least ten days prior to the expiration of this
a interim ordinance, or any extension thereof, the City Council
9 shall issue a written report describing the measures it has taken
10 to alleviate the conditions which lead to the adoption of this
11 ordinance. The City Clerk of the City of Carlsbad shall certify
12 to the adoption of this ordinance and cause it to be published
13 II once in the Carlsbad Journal within 15 days after its adoption.
14 SEVERABILITY CLAUSE: If any section, subsection,
15 sentence, clause, phrase or part of this division is for any
16 reason held to be invalid or unconstitutional by the final
17 decision of any court of competent jurisdiction, such decision
ia shall not affect the validity of the remaining parts of this
19 chapter. The City Council hereby declares that it would have
20 adopted this division and each section subsection, sentence,
21 clause, phrase or part thereof irrespective of the fact that any
22 /I one or more sections, subsections, clauses, phrases, or parts be
- 23 I/ declared invalid or unconstitutional.
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INTRODUCED, PASSED AND ADOPTED at a regular meeting of
he Carlsbad City Council on the 14th day JULY 1992,
nd thereafter
AYES: Council Members Lewis, Kulchin, Larson, Stanton
NOES:
ABSENT: Council Member Nygaard
PPROVED AS TO FORM AND LEGALITY
,TTEST:
,LETHA L. RAUTE
5
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EXTENSIONOFURGENCYORDINANCE i - REGARDINGACCESSORYSTRUCTURES 02 192 I *IN R-l ZONES
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, July 14,1992, to consider the extension
processing ana issuance 01 ouilaing permits Ior accessory or other structures located within the rear or side yard setbacks I.,,, , y
in the R-l zone; and prohibiting the continued construction of
, 9Q3
such structures if they exceed one story in height.
Applicant: City of Carlsbad
CARLSBAD CITY COUNCIL Clerk of the Printer
; CJ 3011: July 2, 1992
NOTICE OF PUBLIC HEARING
EXTENSION OF URGENCY ORDINANCE REGARDING ACCESSORY STRUCTURES IN R-l ZONES
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, July 14, 1992, to consider the extension of Urgency Ordinance No. NS-203, prohibiting the acceptance, processing and issuance of building permits for accessory or other structures located within the rear or side yard setbacks in the R-l zone; and prohibiting the continued construction of such structures if they exceed one story in height.
PUBLISH: July 3, 1992 APPLICANT: City of Carlsbad CARLSBAD CITY COUNCIL
NOTICE OF PUBLIC HEARING
EXTENSION OF URGENCY ORDINANCE REGARDING ACCESSORY STRUCTURES IN R-l ZONES
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, July 14, 1992, to consider the
extension of Urgency Ordinance No. NS-203, prohibiting the acceptance, processing and issuance of building permits for accessory or other structures located within the rear or side yard setbacks in the R-l zone; and prohibiting the continued
construction of such structures if they exceed one story in height.
PUBLISH: July 2, 1992
APPLICANT: City of Carlsbad CARLSBAD CITY COUNCIL
h
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue),
Carlsbad, California, at 6:00 p.m. on July 7. 1991, to consider the extension of Urgency
Ordinance No. NS-203 regarding accessory structures in the R-l Zones.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after , 1991. If you have any questions, please call Michael Holzmiller in the Planning Department at 438-
1161, ext. 4430.
If you challenge the extension of Urgency Ordinance No. NS-203 in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice or in written correspondence delivered to the City of Carlsbad at
or prior to the public hearing.
APPLICANT: CITY OF CAFUSBAD
PUBLISH:
CITY OF CARLSBAD
CITY COUNCIL
(Form A)
TO: CITY CLERK'S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
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Attached are the materials necessary for you to notice
Extension of Ursencv Ordinance No, NS-703 reqardina accessorv structures in the R-l Zones,
for a public hearing before the City Council. I
Please notice the item for the council meeting of
717192 .
Thank you.
MARTY ORENYAK Assistant City Manager