HomeMy WebLinkAbout1997-01-07; City Council; NS-390; Urgency Ord - Harmony Grove fire single family dwellings replacement00,
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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
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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
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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
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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
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