HomeMy WebLinkAbout1977-11-09; Planning Commission; Resolution 1419- - 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
PLANNING COMMISSION RESOLUTION NO. 1419
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, ALLOWING A LOW- DENISTY RESIDENTIAL ZONE THAT WOULD IMPLEMENT THE LOW-DENSITY RESIDENTIAL CATEGORY (0-1+ DWELLING PER ACRE) AND PROVIDE FLEXIBILITY IN
THE PUBLIC FACILITIES REQUIREMENTS. CASE NO: ZCA- 86 APPLICANT: CITY OF CARLSBAD
WHEREAS, a verified application to develop a low-denisty
residential zone that would partially implement the low-densi
residential category (0-1+ dwelling per acre) and provide fle
ibility in the public facilities requirements has been filed
with the City of Carlsbad and referred to the Planning Commis
and
WHEREAS, the Planning Commission did hold a duly noticec
public hearing on October 26, 1977, to consider the subject
amendment ; and
WHEREAS, the Planning Commission received all testimony
from those persons interested in and opposed to, if any, on t
proposed Zone Code Amendment; and
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commissj
of the City of Carlsbad that it does recommend approval to tl
City Council of an Amendment to Title 21 of the Muncipal Cod€
as set forth in the attached Exhibit "B" dated November 3, If
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on November 9, 1977, 1
the following vote, to wit:
xxx
xxx
xxx
1
1
2
3
4
5
6
7
a
9
10
11
12
$3
14
15
16
17
18
,
4'
1
1
1
i~
19 1
20
21
22
23
24
25
26
27
28
w - AYES: COmmiSSionerS Larson, Rombotis, Woodward, Jose, Watson
NOES: None
ABSENT :None
ABSTAIN: Commissioners Fi kes and L'Heureux
&&
ERIC LARSON, Chairman
ATTEST :
~
.2
II w w EXHIBIT "B" - 11/3/7'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE ZONING REGULATIONS REGARDING RESIDENTIAL ESTATE ZONE.
~~
The City Council of the City of Carlsbad, California, dr
ordain as follows:
SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Mun;
Code is amended by adding Section 21.04.065 to read as follol
"21.04.065 Building Height. The height of a building ( structure, shall be measured as the greatest vertical distanc along a line between the highest point of the coping of a fl:
roof or to the highest point of a mansard roof or to the avel
height of the highest gable of a pitched or hipped roof and
finished grade at any point adjacent to, or five feet out frc any building wall (or at the property line, whichever first ( whichever is lower in elevation.
Provided, however, that for parcels which slope downwarc
from a dedicated public right-of-way, whenever the natural g:
elevation difference between the average elevation of the gr; along the front yard setback line and the average elevation (
grade along the rear most building or structure wall exceeds
slope of 2:1, (one foot vertical rise in 2 feet of horizonta:
distance), the building or structure height may be measured 1
tically along the rearmost building or structure wall, rathe:
than five feet out from the wall.
In the cases where retaining walls or fill grading are
utilized to create finished grade higher in elevation than p:
existing grade, then preexisting grade shall be used in the ( termination of building or structure height. Preexisting gr; is defined as the ground level elevation which existed prior any site preparation related to, or to be incorporated into, proposed new development or alteration.
23 SECTION 2: Title 21, Chapter 21.05 of the Carlsbad Mun
24
25
Code is amended by adding Section 21.05.020 to read as follol
26
"R-E Residential Estate"
SECTION 3: Title 21, Chapter 21.05 of the Carlsbad Mun
27 Code is amended by the amendment of Section 21.05.020(3) to .
28 as follows:
I1 v w I! II
1
2
3
"(3). Uses permitted in the R-A Zone, the 0-S Zone, the E-A Zone and the R-E Zone shall be considered to be as r trictive as those permitted in the R-1 Zone, except that those uses pertaining to animals shall not be considered "more restrictive uses" for purposes of this section."
4 SECTION 4: Title 21 of the Carlsbad Municpal Code is he
5 amended by the addition of Chapter 21.09 to read as follows:
6
7
8
9
10
11
12
Chapter 21.09 R-E Residential Estate
"21.09.010 Intent and Purpose. The intent of the R-E Z
is to provide a residential area with a rural atmosphere, wit open areas between structures, large yards and areas left in natural setting. The zone shall be limited to single family
development with incidental and compatible agricultural uses. size of the dwelling units are to be related in proper scale
, the large yards and lots. Public facilities shall be suffici
~ to provide for convenience and safety, but need not meet full
~ standards.
I "21.09.020 Permitted Uses. In an R-E Zone, the followi 13 uses only are permitted as hereinafter specifically provided allowed by this chapter subject to the provisions of this cha 14 and to the development standards provided in Chapter 21.41 an
15 21.44.
16 (1) One one-family dwelling unit per lot.
17
18
(2) Grazing of ruminant animals provided that there is a minimum of 10 acres of land used exclusively for
grazing and the number of horses and cattle does no exceed 4 per acre, or small animals such as goats a
19 II sheep does not to- 12 per acre. For combining of animals, one large animal is equivalent to 3 small
20 I1 animals.
21
22
(3) Crop production
(4) Floriculture
"21.09.030 Accessory Uses. If a one-family dwelling ur 23
24
exists on a lot, the following accessory uses are permitted c such lot:
25
26
27
28
(1) Ordinary household pets, including but not limited
to dogs and cats. Not more than two adult dogs anc two adult cats are permitted for each dwelling unit together with offspring under four months of age.
(2) Horses and other grazing animals provided that sucf
animal shall not exceed two for each acre of land.
II .2 /I
.111 w
1 (3) Youth farm projects that are sponsored by nonprofit organizations such as 4-H.
2
3
4
(4) Barns, private garages, playhouses, windmills, silo
radio and television receiving antennas, stables, a such other as are required for the conduct of uses permitted by this section.
5 II (5) Greenhouses less than two-thousand square feet, pro all requirements for yard setback and height are me
6
7
a
9
10
11
12
13
14
15
16
17
18
I
(6) Poultry, rabbits, chinchillas and other small anima
provided that all such animals shall at all times 'c confined to an enclosure, and that not more than 25 of any one animal or combination of such animals ma
be maintained at any time on any single lot.
(7) Maintaining mail address for commercial and busine: license purposes only, provided no stock in trade, supplies, professional equipment, apparatus or busi equipment except such as are accessory to a permitt use are kept on the premises, and provided that no employees or assistants are engaged for services or premises except in connection with uses specificall listed as permissable in this section, provided fur
that no more than one motor vehicle may contain eqL
ment, tools and stock in trade maintained therein
provided such tools and equipment are not used for performance of services upon the premises and the 5 in trade is not sold from the premises.
"21.09.040 Use and Structures Permitted by Conditional Permit. Subject to the provisions of Chapter 21.50, the foll i uses and structures are permitted by the issuance of a Condit : Use Permit:
19 I (1) Apiary, provided that all hives or boxes housing be shall be placed at least four hundred feet from an)
place of human habitation other than that occupied 20
(2) Commercial stables and horse-boarding facilities. 22
the owner or caretaker of the apiary. 21
street, school, park, "R" Zone, or from any dwellir
23
24
(3) Greenhouse greater than two-thousand square feet, I vided all requirements for yard setbacks and heighl are met.
25 11 (4) Nurseries, both wholesale and retail.
26
27
(5) Poultry, rabbits, chinchillas, and other small anin
in excess of 25 of any one animal or combination oj such animals.
28 (6) Produce stands, for the sale of products raised on the site.
!i .3
II w - 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
"21.09.050 Conduct of Use. Storage of all equipment, supplies, and recreation vehicles shall be within enclosed buildings or shielded from view from public streets or easeme by landscape barrier or other methods.
"21.09.060 District Requirement. The R-E Zone shall no applied to any area of less than 10 acres of contiguous land. Property separated by a public street shall be considered con tiguous if more than 100' of frontage is on direct opposite s
of the street.
"21.09.070 Building Height. No building in the R-E Zon shall exceed a height of 35 feet.
"21.09.080 Front Yard. Every lot in the R-E Zone shall have a front yard which has a depth not less than seventy fee except for the following circumstances:
(1) Fences of wood or wood and masonry combination, cha link or equal quality, up to five feet in height pr the fence is at least 50 percent open are permitted within 10 feet of the front property line.
(2) Roofed shelter for animals open on at least three
sides may be placed up to 20 feet from street prope
line.
(3) The Planning Commission may approve the location of dwelling and garages up to 20 feet from the street property line if the difference in elevation of the required front yard setback line and the center lin of the street exceed 15 feet. Application for such reduction in required front yard setback shall be m by Site Development Plan as per Chapter 21.05 of th
code.
"21.09.090 Side Yard. In an R-E Zone an interior side
yard shall not be less than 15 feet in width and street side
shall not be less than 50 feet in width. The Planning Commis
may approve the location of dwellings and garages up to 20 fel
from the street side yard property line if the difference in
elevation of the required street side yard setback line and t:
center line of the street exceeds 10 feet. Application for s'
reduction in required street side yard setback shall be made
Site Development Plan as per Chapter 21.05 of this code.
24
25
"21.09.100 Placement of Buildings. Placement of buildi: on any lot shall conform to the following:
li (1) No building shall occupy any portion of a required
26
27
28
(2) Any building, any portion of which is used for huma
habitation, shall observe a distance from any rear
property line the equivalent of twice the required interior side yard. 1
~ I1 .4
w w
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
(3) The distance between buildings used for human habit and detached accessory buildings shall not be less 10 feet.
(4) The keeping of all domestic animals provided for in
this chapter shall conform to all other provisions
law governing same, and no pen, coop, stable or bar
shall be erected within 40 feet of any building use for human habitation or 25 feet from any property 1
(5) Permits for dwelling units to be located further th
500 feet from a fire hydrant shall be subject to
individual determination by the Fire Department, wh may require the installation of additional safety equipment, including the requirement for additional
hydrants or stand pipes.
"21.09.110 Minimum Lot Area. The minimum lot area is t
acres; however, the City Council may approve subdivisions con
taining lots less than two acres providing:
(1) The average lot area of the subdivision is two acre
(2) No lot in the subdivision shall be less than one ac
(3) No more than 50% of the lots are less than two acre
(4) Each lot of the subdivision is buildable with usabl
access without undo alteration of the terrain.
"21.09.120 Lot Width.
(1)
(2)
In the R-E Zone, every lot created shall have a min lot width of 100 feet.
The City Council for major subdivisions or minor subdivisions on appeal and Planning Commission for minor subdivisions may approve panhandle or flag-
shaped lots where the lot area width and yards shal
be measured as follows:
(A) The buildable portion of the lot which is the total area minus that portion containing the drive approach (handle) shall meet the minimum area requirement of the R-E Zone.
(B) The width requirement for the buildable portio of the lot shall be as required for lots in th zone district.
(C) The yard requirements of the zone district sha
be met except that front yard setbacks may be
reduced to 30 feet.
.5
ll w w
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
(D) The minimum width of the access portion shall twenty-four feet except where the access porti is adjacent to the same portion of another suc lot, in which case the required minimum fronta shall be 15 feet, provided a joint easement en
suring common access of a minimum width of 30 feet to both such portions is recorded.
(E) An improved driveway shall be provided within access portion of the lot from the public stre
or public easement to the parking area on the buildable lot at least 14 feet wide for single lots and 20 feet wide when serving more than o
lot. The minimum overhead clearance shall be 10 feet. The driveway shall be constructed of two inch thick asphalt concrete paving on prop
base with rolled edges.
(F) Each lot shall have at least three nontandem
parking spaces with an approach not less than
twenty-four feet in lenght with proper turnaro
space to permit complete turnaround for forwar access to the street. This parking and access
arrangement shall be designed to the satisfact
of the Planning Director.
(GI Structures permitted in the access portion of lot shall be limited to mailboxes, fences, gat
trash enclosures, landscape containers and nan plates. Except for mailboxes, these structure shall not be greater than forty-two inches in height if located within twenty feet of the st property line or greater than six feet in heig beyond this point.
(H) The property owner of such a lot shall agree t hold the City of any other public service ager harmless from liability for any damage to the driveway when being used to perform a public s
"21.09.130 Lot Coverage. All buildings including acce: buildings and structures, excluding greenhouses, shall not cc more than 20 percent of the area of the lot.
"21.09.140 Parking. Notwithstanding parking requiremer
of Chapter 21.44 not less than two off-street parking spaces be provided for each residence. The required two spaces shal covered by a garage or carport, and the driveway adequately I with either concrete or asphalt cement prepared over adequate
"21.09.150 Subdivsion of Land in an R-E Zone. Proposec subdivisions of land in the R-E Zone shall be subiect to all provisions of the subdivision regulation (Title 26) except a? specified in Section 21.09.160 of this chapter.
-6
II w v
1
2
3
4
5
6
7
"21.09.160 Modifications of Public Improvements. All p facilities, dedications and improvements shall be required in
accord with adopted ordinances, policies and standards of the
City of Carlsbad. However, as conditions of approval of a
Tentative Subdivision Map, the City Council may modify certai specific public improvement standards provided the design of modified improvements is related to the function, topography needs of the area. The specific improvements that can be mod
are as follows:
(1) Street improvements and dedications for streets ins subdivisions are as follows:
8 // (A) Right-of-way for streets, may be reduced provi
that they not be reduced less than 40'.
9 11 (B) Parking lane may be deleted on one side of str
10
11
12
(C) Pavement width may be reduced on streets servi
eight or less units to 28', parking one side,
32' parking both sides as the City Council may
determine.
13
14
15
16
17
18
19 I
(D) Pavement width may be reduced on streets servi more than eight units to 30', parking one side or 36' parking both sides as the City Council
determine.
(E) All or part of the required sidewalks, curbs,
gutters or drainage structures may be waived 0:
modified if it is found that such improvements
unwarranted and would distract from the rural
character of the area. If such requirements a: waived, the City Engineer may request that drainage easements and/or drainage releases be part of the Tract Map to insure proper drainagl over private property.
20
21
22
23
24
25
26
(F) Horizontal and vertical alignment standards ma: modified or waived to reduce grading. In such
cases, an adequate right-of-way shall be provil
to accommodate possible future corrections to 1
City standards.
(G) The City Council shall have the option of requl
that street right-of-way shall be privately
maintained under an association as hereinafter
required, or may accept an offer of dedication.
If privately owned, the streets shall be open 1 the public by easement.
27 /I (2) Utilities and Services as follows:
28 (A) Public sewer systems shall be required to serv< lots in the R-E Zone unless specifically waive(
II 7 ll .I
4, w w
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
by City Council. Such waiver shall be conditi on the installation of an alternative sewer disposal system permitted by this code and fou be feasible for each lot. The determination o
adequacy of such alternate system(s) shall be
on detailed soil testing on each existing lot proposed lot of a tentative map.
No land in an R-E Zone shall be subdivided wit
bonded provisions for a public sewer system, u approved by the County Health Department and t City Engineer, and the public sewer requiremen
waived for R-E Zone subdivision of land, there shall be the requirement to prepare plans for future public sewer system as a backup system.
easements required to construct such a backup
public sewer system shall be required as a con of final map recordation.
(B) Overhead wiring for telephone and electric ser
may be permitted unless otherwise prohibited b Public Utility Commission regulations.
These modifications to City improvement standards shall not r the subdivider from providing public facilities, dedications improvements that provide services necessary for the welfare
the general public as required by the General Plan, applicabl
Specific Plans, or City ordinance or policies.
"21.09.170 Covenants, Conditions and Restrictions. The
16 mittal of proposed private deed covenants, conditions and res filing of a tentative map in an R-E Zone shall include the su'
17 trictions.
18 As a minimum these documents shall include the following prov
A) Lots in the R-E Zone may not be resubdivided; B) Minimum
19 area for dwelling units shall be included; C) Maintenance of
private property including private streets in a manner consis.
20 with the purposes of this zone shall be included. Such documl
tation shall make the City of Carlsbad as party and provided .
21 they may not be amended without the approval of the City Counc The C.C.6R's must be approved by the City Council prior to ap: 22 of the final map, and they must be recorded.
23
24
25
26
27
28
"21.09.180 Findings Required for Rezoning or Resubdivisl to a More Intensive Use. Once a R-E Zone has been adopted, a1 subdivisions have occured under the above provisions, no rezo~ or resubdivision to a more intensive use may be granted on an; lot without a finding by the City Council in addition to othe~
findings required by law, that an improvement district has be(
formed which will provide for the financing of the improvemenl necessary to bring all public improvements, on and off-site, 1 full city standards and specifications applicable at the time such rezoning or that said improvements have otherwise been
provided. This restriction shall be made a part of the C.C.61
required by Section 21.09.170.
li .8
*I I1 - 'II
/I
1
2
21.42.010 to read as follows: 3
Municipal Code is hereby amended by the amendment of Section
SECTION 5: That Title 21, Chapter 21.42 of the Carlsbad
4 (8) - R-E. R-A, R-1, R-2, R-3, R-P, RD-M, and P-C Zones,
5 EFFECTIVE DATE: This Ordinance shall be effective thirty
6 days after its adoption, and the City Clerk shall certify to t
7 adoption of this Ordinance and cause it to be published at lea
8 once in the Carlsbad Journal within fifteen days after its
g adoption.
10 INTRODUCED AND FIRST READ at an adjourned regular meetinl
11
13
1977, and thereafter 12
the Carlsbad City Council held on the day of
PASSED AND ADOPTED at a regular meeting of said Council 1
14 on the day of , 1977, by the following vo'
15 to wit:
16 AYES:
17 I1 NOES :
18 AB SENT :
19 ABSTAIN:
I
2o Ii 21
22
ROBERT C. FRAZEE, Mayor
23
24
ATTEST:
25
26
(SEAL) 27
MARGARET E. ADAMS, City Clerk
28
.9