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HomeMy WebLinkAbout1972-01-11; Planning Commission; Resolution 743rr t. /I (I) a 11 PLANNING COMMISSION RESOLUTION NO. 743 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING TO THE CITY COUNCIL THE AMENDMENT MUNICIPAL CODE, TITLE 21, CHAPTER 21.46, SECTION 21.46.1: 3 WALL$, FENCES OR HEDGES, 4 TO THE CITY OF CARLSBAD ORD. 9060, SECTION 1612, AND WHEREAS, pursuant to the provisions of City of Carlsbad Ordinance No. 9060, Section 1612 and Title 21 of the Carlsbac Municipal Code, the Planning Commission did on January 11,. 15 hold a duly noticed public hearing to consider the following amendment to Carlsbad Ordinance No. 9060, Section 1612; Carl: Io Municipal Code, Title 21, Chapter 21.46 Section 21.46.130: 11 j In any "R" Zone no fence, wall or hedge over forty-twc 12 1. Chapter 21.46 Section 21.46.130 Walls, fences or hedgc I I.3 Ifi 1 inches in height shall be permitted in any required front yard, in the required side yard or the street side of either a corner lot or reversed corner lot. ( an interior lot a wall or fence not more than six fee. in height may be located anywhere on the lot to the rear line of the required front yard. On corner lots 16 17 18 1 19 i 2o i, and reversed corner lots a six foot wall or fence may be located anywhere on the lot except in those areas 21 i comprising the front yard or the required side yards 22 I on the side street side of such lots. 23 11 TO BE RJWISED TO READ: - 24 11 In any "R" zone, no fence, wall or hedge over forty-t 25 ,i I' inches in height shall be permitted in any required front yard setback. In the required side yard or street side of either a corner lot or reversed corner 26 .27 28 i lot a six foot fence may be permitted when approved 29 30 by the Planning and Building Departments when the safety and welfare of the general public are not im- 31 i posed upon. The issuing of a permit upon the approva 32 * It ,, - il e !i e il i I 1 1' 2 11 // 4 !I 41 3)1 61 7 I1 8 9 10 3.1 12 13 14 3.5 16 17 I 18 I/ I1 ij a9 I1 /i .20 11 ll 21 11 /i 22 ij i/ 23 [i it 24 1' 25 Ii 26 g !I 29 j/ I! 28 ii 29 // I/ /i !i il 30 ! 33.1 32 11 I1 1' I of the Planning and Building Departments of the City of Carlsbad shall be subject to special con- ditions which may vary due to the topography, building placement and vehicular or pedestrian traffic. On an interior lot a wall or fence not more than six feet in height may be located anywhere to the rear of the re.quired front yard. In any "R" zone any fence that exceeds six feet, for special uses or under special circumstances shall be granted by the Planning Commission and subject to the conditions imposed by this commission. WHEREAS, at said public hearing, upon hearing and considel the testimony and arguments, if any, of all persons who desirec be heard, said Commission did find.the following facts and rea: to exist which make the approval of an amendment to Ordinance I! 9060, Section 1612, and Title 21, Chapter 21.46, Section 21.46, of the Carlsbad Municipal Code necessary to carry out the provj mentioned above. 1. There will be a more sensible and just ordinance that can be applied to special cases due to circumstances and topographq NOW, THEREFORE, BE IT RESOLVED by the Planning Commission the City of Carlsbad that it does hereby recommend to the City the adoption of an amendment to Ordinance No. 9060, Section 161 Title 21, Section 21.41.130 of the Carlsbad Municipal Code, Wal Fences, or Hedges. AND FINALLY RESOLVED, that a copy of this Resolution be fc warded to the City Council for its attention in the manner preE by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 11th day of Janui 1972, by the following vote, to wit: 1 xx I I c .. .*,. ij /I II I/ ,! !j 2 ii 1 ii I it I/ 3 / j 4 jj 6 / i 6 7 8 9 10 11 12 13 14 15 16 17 6:. 18 /j i 11 19 I/ .20 j/ 23. j/ ji 22 ti ji 1; 23 11 1; li 24 // 26 I/ 29 11 28 11 29 ij I! 25 !! !; ii >I ij ti ii I! 0 e AYES: COmmiSSiOners Hermsen, Little, Jose, Dominguez, Pa: Forman NOES : None ABSENT: Commissioner Dewhurst ATTEST: 38 ;I I/ ?i9 jJ I :I 32 11 I li