HomeMy WebLinkAbout1981-07-22; Planning Commission; Resolution 1842'" e a
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PLANNING COMMISSION RESOLUTION NO. 1842
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, BY THE AMENDMENT OF CHAPTER 21.10, SECTION 21.10.080, AND BY THE ADDITION OF CHAPTER 21.51 TO ALLOW PLANNING
DIRECTOR APPROVAL OF PANHANDLE LOTS IN THE R-1 ZONE
AND CERTAIN VARIANCES APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA-134
WHEREAS, the Planning Commission did on the 22nd day of Ju
1981, hold a duly noticed public hearing as prescribed by law
consider said request; and
WHEREAS, at said public hearing, upon hearing and consider
all testimony and arguments, if any, of all persons desiring t
be heard, said Commission considered all factors relating to t
Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(El) That based on the evidence presented at the public hearing
the Commission recommends APPROVAL of ZCA-134, according t Exhibit "A", dated July 22, 1981, attached hereto and made part thereof, based on the following findings:
Findings
1) That certain variance applications and panhandle lot appli
tions can be more expeditiously processed by the Planning
Director .
2) That Section 65901 of California Government Code allows ad
ministrative review by the Planning Director of variance a
plications without the need of a public hearing, and the
adoption of this resolution would implement said governmel: code.
3) That this project will not cause any significant environmf tal impacts, and a Declaration of Negative Environmental I pact has been issued by the Planning Director on March 24, 1981, and approved by the Planning Commission on July 22,
1981.
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e a
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held (
the 22nd day of July, 1981, by the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Schlehuber, Jose and
NOES : None
ABSENT: Friestedt
ABSTAIN: None
L ' Heureux
E%@!=T= CARLSB D PLANNING US, Chairman COMMISSION
2o 1 PC RES0 #1842
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e 0 EXHIBIT "A"
JULY 22, 1981
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, BY THE
AMENDMENT OF CHAPTER 21.10, SECTION 21 10.080, AND
BY THE ADDITION OF CHAPTER 21.51 TO ALLOW PLANNING
DIRECTOR APPROVAL OF PANHANDLE LOTS IN THE R-1 ZONE
AND CERTAIN VARIANCES
The City Council of the city of Carlsbad, California,
does ordain as follows:
SECTION 1 : That Title 21, Chapter 21.10, of the Carl
Municipal Code is amended by the amendment of Section 21.10.08
read as follows:
21.10.080 Lot Width. (a) In the R-1 zone every lot shall have a minimum lot width as follows: (1) Lots required to have an area up to ten thousand square feet, sixty feet; (2) Lots required to have an area of at least ten thousand square feet and up to twenty thousand square feet, seventy-five feet;
square feet or more, eighty feet. (b) The City Council for major subdivisions and the Planning Gemmissien Director for minor subdivisions may approv panhandle or flag-shaped lots where the lot width and yards sh be measured in accord with this section if the following circumstances are found to exist:
public street without panhandle lots due to unfavorable condit resulting from unusual topography, surrounding land developmen or lot configuration; (2) Subdivision with panhandle lots will not preclud adversely affect the ability to provide full public street acc to other properties within the same block of the subject property. (c) In approving a panhandle lot a determination shall b
made as to what portion of such lot shall be the buildable lot for purposes of this chapter, the buildable portion shall be t entire lot exclusive of any portion of the lot less than thirt
five feet in width that is used for access to the lot. Also,
determination shall be made on which property lines of the
buildable lots are the front, sides and rear for purposes of
providing required yards.
shall meet the following requirements:
(1) The area of the buildable portion of the lot sha
be a minimum ten thousand square feet or the minimum required
the zone whichever is greater. In zone districts permitting 1
than ten thousand square-foot lots, the buildable portion of t
(3) Lots required to have an area of twenty thousand
(1) The property cannot be served adequately with a
(d) Any panhandle lot approved pursuant to this section
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site plan that all requirements of this section will be met; 2
Planning €emmissiert Director finds from evidence submitted on
lot may be less than ten thousand square feet provided the
however, in no case shall the buildable portion of the lot be
3 than eight thousand square feet in area. If a site plan for a subdivision with panhandle lots with a buildable portion of le 4 than ten thousand square feet is approved, development within
subdivision shall conform to the plan as approved. Any
5 modification to the parking and turnaround areas, or horizonta expansion of buildings shall be submitted to the Planning 6 €emHt&ssiert Director who may approve, approve with conditions o deny any such modifications.
the lot shall be met as required for interior lots in the zone
(3) The yard requirements of the zone district shall
(4) The length of the portion of the lot fronting on
10 public street or publicly dedicated easement afforded access t
the buildable lot shall not be greater than one hundred fifty 11 for a single lot or two hundred feet when two such lots are
adjoining. The minimum width for such access portion shall be
12 twenty-feet except where the access portion is adjacent to the
same portion of another such lot, in which case the required 13 minimum frontage shall be fifteen feet, provided a joint easem
ensuring common access to both such portions is recorded. 14 (5) An improved driveway shall be provided within th access portion of the lot from the public street or public
15 easement to the parking area on the buildable lot at least fourteen feet wide for single lots and twenty feet wide when 16 serving more than one lot. The minimum overhead clearance sha be ten feet. The driveway shall be constructed to accommodate
17 public service vehicles with a minimum of two-inch thick asphe concrete paving on proper base with rolled edges. 18 (6) Drainage from the lot shall be channeled down tk
, private access to a public street or special drainage means mc 19 1 be provided to the satisfaction of the City Engineer. (7) Each lot shall have three nontandem parking spac 20 with an approach not less than twenty-four feet in length witk
proper turnaround space to permit complete turnaround for for\ 21 access to the street. The parking and access arrangement shal
designed to the satisfaction of the City Engineer.
lot shall be limited to mailboxes, fences, trash enclosures, 23 landscape containers and nameplates. Except for mailboxes, tk structures shall not be greater than fourty-two inches in heic 24 if located within twenty feet of the street property line or
greater than six feet in height beyond this point. 25 (9) The property owner of such a lot shall agree to the city or any other public service agency harmless from 26 liability for any damage to the driveway when being used to perform a public service. 27 (10) Any other condition the City Council or Plannir €eHtmPssiert Director may determine to be necessary to properly 28 develop such property.
7 (2) The width requirement for the buildable portion
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met as required for interior lots. 9
district.
22 (8) Structures permitted in the access portion of tk
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(e) Any decision of the Planning Director is final unles!
appealed within 10 days to the Planning Commission. The decis
of the Planning Commission is final unless appealed within 10
days to the City Council. The decision of the Council shall bc final.
SECTION 2: That Title 21 is amended by the addition t
Chapter 21.51 to read as follows:
Chapter 2 1 . 5 1
ADMINISTRATIVE VARIANCES
Sections:
21.51.010 Authority of Planning Director to Grant Certai
Variances
21.51.020 Extent of Variance
21 -51 -030 Application and Fees
21.51.040 Notice and Procedure
21.51.050 Decision of Planning Director
21.51.060 Effective Date of Variance Appeal
21.51.010 - Authority of Planning Director to grant
certain variances. The Planninq Director shall have the folla - powers and duties:
(1) To grant such variances from the zoning provisic of the Municipal Code as will not be contrary to its intent or the public health, safety and general welfare when, due to spe conditions or exceptional characteristics of the property or c its location or surroundings as specified in subsection 2, str and literal interpretation and enforcement of the provisions c the Code would result in unusual difficulties or unnecessary hardship or be inconsistent with the general purpose of the Cc
zoning provisions of the Municipal Code when it appears from t facts contained in the application and from information obtair! by the Planning Director that the following conclusions can be
reached:
stances or conditions applicable to the property or to the in-
tended use that do not apply generally to the other property c class of use in the same vicinity and zone;
(b) That such variance is necessary for the preservatior
enjoyment of a substantial property right possessed by other
property in the same vicinity and zone but which is denied to
property in question;
(c) That the granting of such variance will not be mater
ly detrimental to the public welfare or injurious to the propc
or improvements in such vicinity and zone in which the propert
located;
(d) That the granting of such variance will not adverse1
(2) The Planning Director may grant a variance from
(a) That there are exceptional or extraordinary circum-
~ affect the comprehensive general plan.
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(3) In granting any variance, the Planning Director I
impose such conditions as he deems necessary or desirable to p' tect the public health, safety and general welfare in accordan1 with the purpose and intent of the Municipal Code.
21.51.020 - Extent of Variance. Variances granted b, the Planning Director shall be limited to:
(1) Modification of distance or area regulations, prl vided such modification does not exceed 40 percent of required
front, side or rear yards nor exceed ten percent of maximum lo
coverage regulations;
(2) Tract real estate offices, model homes, and sign
connection therewith, provided that no such variance shall be
granted for a period of more than one year;
(3) Walls or fences to exceed heights permitted by t zoning regulations. All other variance applications not listed in this Se
tion shall be processed pursuant to Chapter 21.50 of this Code
zone the
21.51.030 - Application and Fees. (a) Application f
variance may be made by the owner of the property affecte
authorized agent of the owner. Application shall be filed
with the Planning Director upon forms provided by him. The ap cation shall state fully the circumstances and conditions reli upon as grounds for the application and shall be accompanied b adequate plans, a legal description of the property involved a all other materials as specified by the Planning Director. (b) At the time of filing the application the applic
shall pay a processing fee in an amount as specified by Counci
Resolution.
21.51.040 Notice and Procedure. (a) Upon the accept
of a complete application and payment of the required fees for variance, the Planning Director shall give written notice by II or personal delivery to all property owners as shown on the 1z equalized assessment roll within 300 feet of the subject prop6 at least 15 days prior to a decision on the application. (b) Any person so notified may file written objectic or a written request to be heard within 10 days after the mail
or personal delivery of the notice. If a written request to k
heard is filed, the Planning Director shall schedule a hearinc
provide written notice to the applicant and the requestor at 1
five days prior to the hearing. The hearing is not a public 1
ing and may be informal.
set any variance under this chapter for a public hearing befol
the Planning Commission. In such case the variance shall be 1
cessed according to the provisions of Chapter 21.50 of this Cc
21.50.050 - Decision of the Planning Director. (a) ?
Planning Director shall render his decision upon the completic
his investigation of the facts as set forth in the applicatior his review of the circumstances of the particular case. If a
hearing is held, he shall render his decision within 10 days ( the conclusion of the hearing.
(c) The Planning Director shall have the discretion
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(b) The Director shall announce his decision and fir ings by letter to the applicant and the letter shall recite, e other things, the facts and reasons which in the opinion of tk Planning Director make the granting or denial of the variance
cessary to carry out the provisions and general purpose of thi
title and shall order that the variance be granted or denied,
if such letter orders that the variance be granted, it shall E
The letter shall be sent to any person who requested or appear at the hearing. (c) If the Planning Director, after considering the facts presented in the case, is unable to reach the conclusion set forth in Section 21 .51.010 (2), he shall deny the var.iance
~ notice such conditions and limitations as the Director may iq
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8 21.51.060 Effective Date of Variance - Appeal. (a) The order of the Planning Director in granting o denying a variance shall become final and effective ten days a 9
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the effective date of the order of the Planning Director until 'I nent. The filing of such appeal within such time limit shall
with the Planning Commission by either an applicant or an oppc lo unless within such ten-day period an appeal in writing is file the rendering of his decision granting or denying the variance
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final unless appealed to the City Council in the manner provid I* (c) The decision of the Planning Commission shall be
ance under Chapter 21 .SO of this Code. l3 cessed in the same manner as an original application for a var
(b) An appeal to the Planning Commission shall be pr such time as a final decision on the appeal is reached.
1 tion. 20
l once in the Carlsbad Journal within fifteen days after its ado I'
adoption of this ordinance and cause it to be published at lea l8
days after its adoption, and the City Clerk shall certify to t l7
EFFECTIVE DATE: This ordinance shall be effective thirty 16
for appeals of variances under Chapter 21.50 of this Code.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of
1981, and thereafter.
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PASSED, AND ADOPTED at a regular meeting of said City
Council held on the day of , 1981, by the
following vote, to wit:
AYES :
NOES :
ABSENT:
RONALD C. PACKARD, Maya
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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