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HomeMy WebLinkAbout1976-06-09; Planning Commission; Resolution 1259ll m Q II 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 1259 RESOLUTION OF THE PLANNING COMMISSION OF ING VARIOUS CHAPTERS AND SECTIONS OF TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE REGULATIONS REGARDING LOT FRONTAGE (PANHANDLE LOTS) APPLICANT: CITY OF CARLSBAD THE CITY OF CARLSBAD, CALIFORNIA, AMEND- CASE NO. : ZCA-72 WHEREAS, the Planning commission of the City of Carl sbad did adopt Rl 811 lution of Intention No. 128 declaring its intention to conduct a public hi 9 10 11 12 13 14 ing to consider a Zone Code Amendment to revise the regulations regarding handle lots; and WHEREAS, the Planning Commission received all testimony from those p interested in and opposed to, if any , the proposed Zone Code Amendment; a WHEREAS, the Planning Commission does make the following recommendat which in their opinion are necessary to carry out the general purpose of 15 16 20 and 21 of the Municipal Code; and The Planning Commission recommends that the City Counci 1 delete City I' 11 Resolution No. 816 and Supplemental Pol icy No. 12 ("Panhandlei' Lot Pol ici 18 19 20 that ZCA-72, Exhibit "A" dated June 2 , 1976 , as attached, be adopted with following changes: (1) Modify subsection (1) of Section 21.08.080 and Section 21.10.08 21 as follows: 22 23 24 25 26 27 28 "(1) The area of the buildable portion of the lot shall be a minimum 10,000 sq. ft. or the minimum required by the zone if greater a quired. In zone districts permitting less than 10,000 sq. ft. a panhandle lot may be 1 ess than this area provided evidence is mi tted on a site plan that demonstrates that all requirements o this Section will be met; however, in no case shall the buildab portion of the lot be less than 8,000 sq. ft. in area. Further such plan shall be considered the approved site plan and any fu modification to the parking and turnaround areas, or horizontal expansion of buildings shall be submitted to the Planning Com- mission. The Planning Commission may approve, approve with con tions or deny any such modifications." I !I 0 e 1 2 3 4 II 5 - I1 (2) Modify subsection (8) of Section 21.08.080 and Section 21.10.080 as follows: "(8) Each lot shall have three nontandem parking spaces with an approach not less than twenty-four feet in length with prop( turn-around space to permit complete turn-around for forward access to the street. This parking and access arral ment shall be designed to the satisfaction of the City Engil (3) Delete subsection (9) of Section 21.08.080 and Section 21.10.080 (4) Modify and renumber subsection (1 0) of Section 21.08.080 and Sec 6 7 21.10.080 as follows: a 9 10 11 12 I/ "(9) Structures permitted in the access portion of the lot shall limited to mail boxes, fences, trash enclosures, landscape containers and name plates. Except for mail boxes, these structures shall not be greater than forty-two inches high within twenty feet from the street property 1 ine or higher six feet beyond this point." (5) Renumber remaining subsections of Section 21.08.080 and Section 21.10.080 for consistency. 13 16 to Title 20 and Title 21 to revise the regulations regarding panhandle lot 15 Carl sbad that it does recommend approval to the City Council of an amendme 14 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City Commission held on June 9, 1976, by the following vote, to wit: 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Pla 17 per Exhibit "A" dated June 2, 1976, attached hereto. 19 ABSTAIN: Commissioner Nelson. 22 ABSENT: Commissioners Fikes and Watson. 21 NOES : None. 20 AYES: Comissioners Jose, L'Heureux, Larson and Dominguez. 23 24 Stephen M B L ' Heureux; Chai rnian 25 11 ATTEST: 26 27 Dona qd, d A. !a Agatep, Secreta& 28 -2- 0 *. UKH~ I June 2, 19 Exhibit ''A BP:cpl ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS AND SELECTIONS OF TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE - REGULATIONS REGARDING PANHANDLE LOTS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Municip Code is amended by the amendment of Section 21.04.210 and 21.04.26 to read as follows: 21.04.265 Lot width. ' "Lot width" means the horizontal distance of the line constituting the required front yard setback, as required in certain zone classifications, or for those zone classifications without required front yards, the 1ot.width is thc horizontal distance between the side lot lines measured at right angl.es to a line comprising the depth of the lot at a point midb'a) between the front and rear lot lines." SECTION 2: Title 21, Chapter 21 .08 of the Carlsbad Munici Code is amended by the amendment of Section 21.08.080 to read as follows: .. "27.08.080 Lot width. (a) In the R-A zone every lot sha ,have a minimum lot width as follows: .. (1) Lots required to have an area up to ten rthousand, square feet, sixty feet; (2) Lots required to have an area of at least ten thousan square feet and up to twenty thousand square feet, seventy-five f (3) Lots required to have an area of twenty thousand squi feet or more, eighty feet. (b) The City Co 3 ncil for major subdivision5 or minor subdivisi 0 on appeal and the Planning Commission for minor subdi'visions may approve panhandle or flag-shaped lots where the lot width and -yards shall be measured in accord with this sect-lon'if the follok circumstances are found to exist: (1) The property cannot be served adequately with a publi street without panhandle lots due to unfavorable conditions resul int from unusual topography, surrounding land development, or 101 configuration. (2) Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street acces: to other properties within the same block of the subject propert3 (c) In approving a panhandle lot a determination shall be madc as to what portion of such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the ent- lot exclusive of any portion of the lot less than thirt,y-five feet in width that is used for access to the lot. Also, a deter- mination shall be made on which property lines of the buildable are the front, sides and rear for purposes of providing required yards. (d) Any panhandle lot approved pursuant to this section shall meet the following requirements: (1) The area of the buildable portion of the lot shall n be less than twe!ve thousand square feet. (2) The width requirement for the buildable portion of t lot shall be met as required for interior lots in the zone distr (3) The yard requirementsof the zon'e district shall be met as required for interior lots. .. (4) The length of the portion of the lot fronting on a public street or publicly dedicated easement afforded access to buildable lot shall not be greater than one-hundred-fifty feet f a single lot or two hundred feet when two such lots are adjoinin 4 (5) The minimum . width for such access portion shall be twenty feet except where the access portion is adjacent to the s portion of another such lot, in which case the required minimum frontage shall be fifteen feet. This is with the condition that a joint easement ensures common access to both such portions as agreed upon by the owner of such lots and is so recorded. (6) An improved driveway shall be provided within the ac portion of the lot from the public street or public easement to parking area oh the buildable lot of at least fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The minimum overhead clearance shall be 10 feet. The driv way shall be constructed to accommodate public service vehicles with a minimum of two-inch thick asphalt concrete paving on prop base with rolled edges. (7) Drainage from the lot shal.1 be channeled down the pr access to a public street,or special dr.ainage means must be prov to the sati-sfaction of the City Engineer. I (8) Ea.ch@t shall have three non-tmem parking spa'ces with a minimum backup area of twenty-four feet and desi,gned to the satisfaction of the City Engineer. (9) A forti?-two inch high enclosed refuse pickup area no less than three feet by six feet in inside dimensions shall be pro- vided within the access portion, and within twenty-fi.ve fget of the ' public street frontage. This enclosure shall not encroach into the required driveway. fences, landscape containers and name plates may be erected in the. access portion of the lot. (10) No structures, except trash enclosures, mail boxes, (11) The property owner of such a lot shall agree to holc City or any other public service agency harmless from liability of any damage to the driveway when being used to perfor? a public ser\ (12) Any other condition the City Council or Planning Cor may determine to be necessary to properly develop such property." " I SECTION 3: Title 21,. Chapter 21.10 of the Carlsbad ~~~i Code is amended by the amendment of sectidn 21.10.080 to read as f "21.10.080 Lot Wid.th: (a)-In the R-1 zone every lot shi have a minimum lot width as follows: (1) Lots required to have 'an area up to ten thousand squz (2) Lots required to have an a'rea of at least ten thousar square feet and up to twenty thousand square feet, seventy-five fet feet, sixty feet; (3) Lots .required to have an area of twenty thousand squi feet or more, eighty feet. (b) The City Counci'l for major subdivisions or minor subdivi! on appeal and the Planning Commission for minor subdivisions may approve panhandle or flag-shaped lots where the lot width and ya.rd! shall be measured in accord with this section if the following circumstances are found to exist: (1) The property cannot be served adequately with a publ. street without panhandle lots due to unfavorable conditions result. from unusual topography, surrounding land development, or lot conf. ration. (2) Subdivision with panhandle lots wil.1 not preclude or adversely affect the ability to provide full public street access to other properties within the same block or the subject property. (c) In approving a panhandle lot a determination shall be mac as to what portion of such lot shall be the buildable lot; for pur. ' poses of this chapter, the buildable portion shall be the entire 1c . exclusive of any portion of the lot less than thirty-five feet in width that is used for access to the lot. Also, a determination shall be made on which property lines of the buildable lots are thl front, sides and rear for purposes of providing required yards. 0 .. 0 (d) Any panhandle 1o.t approved pursuant to this section shall meet the following requirements: (1) The area of the buildable portion of the lo! shall no be less than twelve thousand square feet. (2) The width requirement for the buildable portion of th lot shall be met'as required fdr interior lots in the zone district (3) The Mqrd-requirements of the zone district shall be TI .. as required for interior lots. e (4) The length of the portion of .the lot fronting on a public street or publicly d2dicated easement afforded access to thf bu.ildable lot shall not be greater than one-hundred-fifty feet for a single lot or two hundred feet when two such lots are adjoining. (5) Th& minimum width for such access portion shall be twenty feet except where the access portion is adjacent to the samf portion of another such lot, in which case the required minimum frontage shall be fifteen feet. This is with the condition- that t joint easement ensures common access to both such portions as agreec upon .by the owner of such lots and is so'recorded. (6) An improved driveway shall be provided within the ac( portion of the lot from the public street or public easement to thc parking area on the bu-ildable lot of at least fourteen feet wide f( single 'lots and twenty feet wide when serving more than one lot. The minimum overhead clearance shall be 10 feet. The driveway sha' be constructed to accommodate public service vehicles with a minim1 of two-inch thick asphalt concrete paving on proper base with rollc edges .. .(7) Drainage from the lot shall be channeled down the pr' access to a public street, or special drainage means must be provic to the satisfaction of the City Engineer. (8) Each lot shall have three non-tandem parking sDaces with a minimum backup area of twenty-four feet and designed to the satisfaction of the City Engineer. (9) A forty-two inch high enclosed refuse pickup area no less than three feet by six feet in inside dimensions shall be pro vided within the access portion, and within twenty-five feet of th Public street frontage. This enclosure shall not encroach into th required driveway. (1O)No structures, except trash enclosures, mail boxes, fences, landscape containers and name plates may be erected in the access por.tion of the lot. (11)The property owner of such a lot shall agree to hold the City or any other public service agency ha.rmless from liabilit any damage to the driveway when being used to perform a public se (12) Any other condition the City Council or Planning mission may determine to be necessary to properly develop such property. 'I .e 0 SECTION 4: .Ti;tle 21, Chapter 21.44 of .theCarlsbad Muni:ciipa$.Clc ar,ended by the a,mendment of Section 21.44.030 to read as follows: “21.44.030 Limitation on issuance of building permit. No bu ‘ing permit shall be issued for any building or structure t’o be erec on a lot having less than twenty feet frontage on a dedicated publi street or a public dedicated easement accepted by the City or on a situated at the .terminus of a street that .should be extended. ,Wher panhandle or flag-shaped.portsgn of a lot is adjacent to the same portion of another’ Zuch., lot,. the.requi.red minimum frontage on such ! or easement shall be fifteen feet provided a joint easement ensurin! common access to both such portions is agreed upon by the owners of such l.ots and recorded. The City. Council based on a report from the City Enyineer.may.. g.ra~t;-;an---cxcepfion to the. limitations of this sect .’ fo.r”lots s’ituated at the terminus of a street that should be extende SECTION 5:. Title 2i, Chapter 21.46 of the Carlsbad Municipal Code is amended by the deletion of Section 21.46.220. SECTION 6: Title 20, Chapter 20.16 of the Carlsbad Municipal Code is amended by the dele.tion of Subsection (8) and by the amendme of Subsections (4), (5) and (6) as follows: “(4y Every lot shall have a width as specified in Title 21 for the zone in which the lot is located at the time the final map i submi’tted. (5) Except for panhandle or flag-shaped lots approved pursuan. to Title 27, lots whose side lines are approximately radial to the c bf a cul-de-sac Or the center of the intersection of two dead-end streets shall have at least thitty-three feet of frontage measured a, the right-of-way lines. (6) Panhandle or flag-shaped lots, if permitted pursuant to Title 21, shall have minimum frontage of twenty feet on a dedicated public street or publicly dedicated easement accepted by the City. Where the panhandle or flag-shaped portion. of a lot is adjacent to t same portion of another such lot the required mi-nimum frontage on su street easement shall be fifteen feet provided a joint easement insu ring common access to both such portions as agreed upon by the owner such lots and recorded.” SECTION 7: Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.090 to read as follows: “20.24.090 City Engineer -Duties. The City Engineer is auth ized and directed to carry out the duties assigned to him by this ti including but not limited to the following: -5- . .. 0 .. .. ,e - I (1) Obtain the recommendations of'other City departments, governmental agencies or special districts as may be deemed appropr ate or necessary by the City Engineer in order to carry out the pro sions of this title. (2) Investigate each tentative parcel map filed pursuant to this chapter a,nd indicate by written report the kind, nature and ex of.improvements required to be installed on or to service the land to be divided. a (3) Refer to the Planning Department for report and to the Planning Commission for decision on any tentative parcel map contai ing proposed panhandle or fiLg-shaped lots that do not meet the min mum lot width requirements of the zone but which may be permitted pursuant to Title 21. The. processing of such maps shall be deferre until the Planniqg Commission has determined whether or not to appr the panhandle lots. If such lots are not approved, the City Engine shall disapprove the map. If such lots are approved by the Plannin Commission the City Engineer shall continue to process the map in a with this chapter. . (4) Approve, conditionally approve or disapprove tentative parcel maps, and report as provided in this chapter this approval, conditional approval or disapproval directly to the subdivider. (5). Waive the requirement for fil-ing 6nd recordatjon of a pa map for certain subdivisions as provided for in this title." SECTION 8: Title 20, Chapter 20.28 of the Carlsbad Municipa Code is amended by the amendment of Section 20.28.020 to read as 'follows: "20.28.020 Panhandle-shaped lots. Other provisions of this tjtle notwithstanding, a panhandle-shaped or flag-shaped Jot, if p&rm?tted by Title 21, shall have a minimum frontage of twenty feet on a'dedicated public street or publicly dedicated easement accepte by the City. Panhandles may not serve as.access to any lot except the lot of which the panhandle is a part. Where the panhandle or flag-shaped portion of a lot is adjac to the same portion of another such lot, the required minimum front' on such street or easement shall be fifteen feet provided a joint easement ensuring common access to both such portions is agreed up0 by the property owner and recorded." EFFECTIVE DATE: This ordinance shall be effective thirty da ' after its adoption, and 'the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least on in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsb City Council held on the day of , 1976, and thereafter. e m- PASSED AND ADOPTED at a regular meeting of said Council held on the day of , by the following vote, to wit: AYES : NOES: ABSENT: ROBERT C. FRAZEE, Mayor ATTEST : MARGARET E. ' ADAKS, City C1 e1-k (SEAL) .. .. 6 -7-