HomeMy WebLinkAbout1997-01-07; City Council; 13989; ADOPTION OF AN URGENCY ORDINANCE TO ALLOW FOR THE REPLACEMENT OF SINGLE FAMILY DWELLINGS DESTROYED WITHIN THE CITY OF CARLSBAD IN THE HARMONY GROVE FIRE0
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AB# /3i9b7 TITLE ADOPTION OF AN URGENCY ORDINANCE TC DEPT. HI
MTG. 1/7/97 DWELLINGS DESTROYED WITHIN THE CITY OF CITY AT1
DEPT. CA CITY MG
ALLOW FOR THE REPLACEMENT OF SINGLE FAMILY
CARLSBAD IN THE HARMONY GROVE FIRE
RECOMMENDED ACTION:
Adopt Urgency Ordinance No. /Us-390
dwellings destroyed within the City of Carlsbad in the Harmony Grove fire.
ITEM EXPLANATION:
Fifty-four residential dwellings were destroyed or damaged more than 25% in tt-
Harmony Grove fire of October 23, 1996. Two units are condominiums for which rl
have been issued. The remaining 52 homes need to be replaced and this ordi
allow their construction in substantially the same manner as they existed legally pri
This ordinance will relieve those homes from setback standards adopted subsec
original construction. This ordinance does not affect the U.B.C. and U.F.C. provi;
materials. This ordinance is an urgency ordinance and requires a 4-5ths votc
Council for its passage.
FISCAL IMPACT:
There will be some expenditure of staff time to determine whether or not a dwel
replaced in substantially the same manner as existed prior to the fire and possibl
those determinations of an unknown amount but which can be accommo(
reasonable and normal expenditures of staff time.
ENVIRONMENTAL IM PACT
The adoption of this ordinance and replacement of properties or facilities
destroyed as a result of a disaster are exempt from environmental review pursua
15269 of the CEQA Guidelines.
EXHIBITS:
1. Urgency Ordinance No. /V 5 - 3 9 0
to allow for the replacement of !
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EXHIBIT 1 e 0
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 existin
destroyed in the Harmony Grove fire do not meet current requirements cor
Title 21 the Municipal Code for Single Family Residential Zoning; and
WHEREAS, Carlsbad Municipal Code section 21.48.080
reconstructing nonconforming buildings destroyed by fire in excess of 25%; anc
WHEREAS, the City Council desires to process regulations exp
to allow reconstruction of those properties to begin as quickly as possible,
NOW, THEREFORE, BE IT RESOLVED that the City Council o
of Carlsbad, California does ordain as follows:
1. Notwithstanding the provisions of Section 21.48.08(
Carlsbad Municipal Code, homes destroyed in the Harmony Grove fire of Oc
1996, shown on the inventory on file in the Office of the City Clerk, may be
substantially the same manner as legally existed prior to the fire.
2. For the purposes of this urgency ordinance, “substar
same” shall include, but not be limited to the same floor area, footprint, lot
ratio, building height, and setbacks as legally existed prior to the fire. The C
Development Director, or his designee, shall make all determinations ret
paragraph I. His determination shall be final unless within ten days it is ap
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the Planning Commission for a determination. The determination of the
Commission shall be final.
3. For the purposes of this urgency ordinance, “legally
means that all structures existing on the property had all required building per
met the City regulations that were in effect at the time the permit was issued, i
permits were approved with a final inspection by the Building Department.
4. The interior floor plan within the pre-existing building, foot
height may be modified.
5. No additional encroachments into pre-existing, noncc
setbacks or heights shall be allowed at any point on the property.
6. Property owners who apply for building permits for ret
house destroyed by the Harmony Grove fire in a manner which is not substa
same as the house destroyed in the fire shall comply with all of the current Z(
standards and requirements, or obtain a variance therefrom pursuant to Chapt
This ordinance is hereby dc
be an urgency ordinance adopted as an emergency measure to protect I
health, safety and welfare pursuant to Government Code section 36937(b),
take effect immediately upon its adoption. The facts constituting the urge
from the Harmony Grove fire of October 21, 1996 leading to the declaration
emergency by the City Manager and City Council and subsequently
emergencies by the Governor of the State of California and the Unitc
Government as further set forth in City Council Resolutions No. 96-373
DECLARATION OF URGENCY:
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November 5, 1996; No. 96-397, adopted November 19, 1996; No. 96-414,
December 3, 1996; and No.96-436, adopted December 17, 1996, w
incorporated herein by reference.
EFFECTIVE DATE: This urgency ordinance shall be
immediately, and the City Clerk shall certify the adoption of this ordinance anc
to be published at least once in a newspaper of general circulation in th
Carlsbad within fifteen days after its adoption. It shall remain in effect onli
building permits are issued for the initial replacement of homes destroy6
Harmony Grove fire of October 21, 1996 or two years from the effective dr
ordinance, whichever is sooner. The Community Development Director shall
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the City Council prior to the expiration of this ordinance and make a recommenc
to whether or not it is necessary or desirable to extend it.
PASSED AND ADOPTED at a regular meeting of the City Coun
City of Carlsbad on the 7th day of January 3
by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
Council Members Lewis, Finnila, Nygaard, Kulchin
LLdZQL.
RONALD R. BALL, City Attorney
/* &?3.
ATTEST:
ALETHA L. RAU
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