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HomeMy WebLinkAbout1997-01-07; City Council; NS-390; Urgency Ord - Harmony Grove fire single family dwellings replacement00, kzm 408 Ow% 2055 Zd2 k5>g 9 I :% 5k%< 02-10 ““50 p% $95 dUU P:i$ aoA GO 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 EXHIBIT 1 ORDINANCE NO. NS-390 AN URGENCY ORDINANCE FOR THE REPLACEMENT OF SINGLE FAMILY DWELLINGS DESTROYED WITHIN THE CITY OF CARLSBAD IN THE HARMONY GROVE FIRE OF OCTOBER 21, 1996. WHEREAS, the City has investigated instances where existing destroyed in the Harmony Grove fire do not meet current requirements contai Title 21 the Municipal Code for Single Family Residential Zoning; and WHEREAS, Carlsbad Municipal Code section 21.48.080 pr reconstructing nonconforming buildings destroyed by fire in excess of 25%; and WHEREAS, the City Council desires to process regulations exped to allow reconstruction of those properties to begin as quickly as possible, NOW, THEREFORE, BE IT RESOLVED that the City Council of ti of Carlsbad, California does ordain as follows: 1. Notwithstanding the provisions of Section 21.48.080 Carlsbad Municipal Code, homes destroyed in the Harmony Grove fire of octo^ 1996, shown on the inventory on file in the Office of the City Clerk, may be re substantially the same manner as legally existed prior to the fire. 2. For the purposes of this urgency ordinance, “substanti: same” shall include, but not be limited to the same floor area, footprint, lot cc ratio, building height, and setbacks as legally existed prior to the fire. The Con Development Director, or his designee, shall make all determinations requ paragraph 1. His determination shall be final unless within ten days it is appc 1 1 2 3 4 5 6 7 8 9 10 11 ma m> $E& 408 vug iLLU 4055 m &gZ 9 “02 a ai 2&%4 OZJO ““50 00s Lam >:5 60 SLuz 401 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l a 0 the Planning Commission for a determination. The determination of the PI Commission shall be final. 3. For the purposes of this urgency ordinance, “legally e: means that all structures existing on the property had all required building permi. met the City regulations that were in effect at the time the permit was issued, anc permits were approved with a final inspection by the Building Department. 4. The interior floor plan within the pre-existing building, footpril height may be modified. 5. No additional encroachments into pre-existing, nonconf setbacks or heights shall be allowed at any point on the property. 6. Property owners who apply for building permits for rebuil house destroyed by the Harmony Grove fire in a manner which is not substanti; same as the house destroyed in the fire shall comply with all of the current Zonc standards and requirements, or obtain a variance therefrom pursuant to Chapter DECLARATION OF URGENCY: This ordinance is hereby decl: be an urgency ordinance adopted as an emergency measure to protect the health, safety and welfare pursuant to Government Code section 36937(b), an take effect immediately upon its adoption. The facts constituting the urgenc! from the Harmony Grove fire of October 21, 1996 leading to the declaration of emergency by the City Manager and City Council and subsequently dl emergencies by the Governor of the State of California and the United Government as further set forth in City Council Resolutions No. 96-373, E ~ 2 i 1 2 3 4 5 6 7 8 9 10 11 00, SUE m> &zcb 408 ow2 3055 u->g ZdZ 2;Si Onu OZJO zwoa ““90 E:$ >Pq 50 AUCI aoJ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 November 5, 1996; No. 96-397, adopted November 19, 1996; No. 96-414, a1 December 3, 1996; and No.96-436, adopted December 17, 1996, whic incorporated herein by reference. EFFECTIVE DATE: This urgency ordinance shall be ei immediately, and the City Clerk shall certify the adoption of this ordinance and c to be published at least once in a newspaper of general circulation in the Carlsbad within fifteen days after its adoption. It shall remain in effect only I building permits are issued for the initial replacement of homes destroyed Harmony Grove fire of October 21, 1996 or two years from the effective date ordinance, whichever is sooner. The Community Development Director shall re /// /// /// /I/ /I/ //I I// /I/ //I //I /I/ /I/ i 3 II L 1 2 3 4 5 6 7 8 9 10 11 sw; Om ‘I)> &?& 408 ow2 $044 dt5g >iZ SL-ga 0ZJO ““50 002 Lam 00 iUU El o0u. I 4; 40-1 p5 12 13 14 15 16 17 - 18 19 20 21 22 23 24 25 26 27 28 e 0 the City Council prior to the expiration of this ordinance and make a recommenda’ to whether or not it is necessary or desirable to extend it. PASSED AND ADOPTED at a regular meeting of the City Council City of Carlsbad on the 7th day of January , 19! by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin an( NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY LL-Q”Q Lo RONALD R. BALL, City Attorney /* 647. ATTEST: ALETHA L. RAU 1 4