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HomeMy WebLinkAbout1984-07-25; Planning Commission; Resolution 2328/I e 0 ll J, I1 PLANNING COMMISSION RESOLUTION NO. 2328 2 3 4 5 6 ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVP OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 , CHAPS 21.44, BY THE AMENDMENT OF SUBSECTION 21.44.165 TC REGULATE THE PARKING OF VEHICLES IN THE FRONT YARE STREET YARD AREAS OF RESIDENTIAL LOTS. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-154(A) 1 7 WHEREAS, the Planning Commission did, on the 25th 8 law to consider said request; and 9 July, 1984, hold a duly noticed public hearing as prescribe 10 WHEREAS, at said public hearing, upon hearing and 11 B) That based on the evidence presented at the public hea. 1'7 A) That the above recitations are true and correct. 16 Commission as follows: 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan] 14 relating to the Zone Code Amendment 13 desiring to be heard, said Commission considered all facto! 12 considering all testimony and arguments, if any, of all pel the Commission recommends APPROVAL of ZCA-l54(A), acco 18 to Exhibit "A", dated July 25, 1984, attached hereto a a part hereof, based on the following findings: 19 /I Findings: 20 .~ ~ 1) 21 22 23 24 25 26 27 28 2) 3) This zone code amendment is consistent with the genera plan's intent of preserving the public's health, safet welfare since it will ensure that private and recreati vehicles will not visually detract from the residentia character of a neighborhood. This zone code amendment is consistent with the intent the residential zones which is to allow residential us to not permit excessive storage of vehicles. This zone code amendment will permit the city to consi allowing recreational vehicles to be parked in the fro area only when it can be determined that it is impossi park in the side or rear yard without making substanti physical alterations to the existing residence or the property. 1 2 3 4 5 6 7 a 9 10 0 0 4) This zone code amendment will clarify the provisions re to the parking of different types of vehicles in the re front and street side yard areas. 5) This zone code amendment will not cause any significant adverse impacts on the environment because a Negative Declaration was issued by the Land Use Planning Manager July 11, 1984, and approved by the Planning Commission July 25, 1984. PASSED, APPROVED AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, he the 25th day of July, 1984, by the following vote, to wit: AYES: Chairman Rombotis, Marcus, Farrow and McFadden. 11 14 ABSTAIN: Commissioner Schlehuber. 13 ABSENT: Commissioner Smith. 12 NOES : Commissioner Rawlins. 15 16 17 18 CARLSBAD PLANNING COMM: 19 I ATTEST: 20 21 22 23 Land Use Planning Manager 24 25 26 27 28 PC RES0 NO. 2328 -2- ll 1 2 3 4 5 6 7 if 0 0 EXHIBIT "A JULY 25, 1 ORDINANCE NO . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21 -44, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.44.165 TO REGULATE THE PARKING OF VEHICLES ON RESIDENTIAL LOTS. The City Council of the City of Carlsbad, Californi ordain as follows: SECTION 1: Title 21, Chapter 21.44, of the Carlsba 8 9 10 11 residential zones the following parking regulations shall ap Municipal Code is amended by the amendment of Section 21 -44. read as follows: 21.44.165 Off Street Parking - Residential Zones. 12 (1) Passenger Vehicles - Passenger vehicles includ light-duty commercial vehicles used as a principle means of 13 transportation for the occupant of the residence may be park or parking area which does not exceed thirty percent of the 14 the required front yard in single family zones on a paved dr and the actual front of the building as long as it is an ext may also be parked in a paved area between the required fror 16 the required front yard which ever is greater. Passenger VE four feet of width extended from the property line to the re 15 required front yard area or an area that is comprised of twE 17 and does not exceed the width of the area described above. Passenger vehicles may be parked in any other area of the IC 18 provided that they are screened from view from the public rj way. For corner lots, the provisions of this subsection shz 19 1 apply to the required street side yard however, in no case, the provisions of this section allow parking in both the re( 20 front yard and the required street side yard; (2) Recreational Vehicles - Recreational vehicles, 21 and trailers may be parked in single family zones as follows (I) in an enclosed structure observing all rc 22 setbacks; (11) open parking in the side yard or the real 23 (111) open parking in the required front yarc Land Use Planning Manager determines after giving the same 1 24 as provided for administrative variances in Section 21 -51 .Od this code that access to the side or rear yard cannot be prc 25 In making this determination, the Land Use Planning Manager consider: 26 (1) Whether parking in or access to the rear yard would require structural alteration to the ex.isti, 27 residence or would require the removal of significant or un landscaping. A fence shall not be deemed to prevent access 28 side or rear yard; !I 0 0 rl I1 1 (2) Whether parking in or access to the 2 rear yard would require extensive grading: (3) Whether because of the configuratior 3 lot, existing landscaping, the location of the structures or lot, and the size of the recreational vehicle, parking of tk 4 recreational vehicle in the front yard would interfere with visibility to or from any street; recreational vehicle in the front yard would interfere with street and utility right-of-way; 7 The area for the parking of the recreatic vehicle in the front yard shall not exceed the maximum pavec 8 permitted for passenger vehicles. A corner lot is deemed tc have reasonable access to the rear yard. construction of a permanent single family residence on a lo\ 10 owner of the lot may live in a recreational vehicle upon sa during construction of said residence for a period not to e: 11 six months . (V) The provisions listed herein are not intl 12 supercede more restrictive homeowner provisions contained i: 13 restrictive than this ordinance, then the provisions contai: 14 5 (4) Whether allowing parking of the 6 traffic on the street or sidewalk or would encroach into thc 9 (IV) Notwithstanding the above, during the approved CC&R's. If the provisions of any such CC&R's are herein shall apply. 15 16 17 18 (3) Inoperable Vehicles - Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall reghlated by Chapter 10.52 of this code; provided, however, not more than 'two vehicles in any inoperable, wrecked or di condition may be parked in the side yard or rear yard while vehicles are being repaired or restored by the owner of the property provided the vehicles are visually screened from t public right-of-way; )1 - - - (4) Heavy-Duty Commercial Vehicles - No heavy-dut 19 \commercial vehicles as defined by Section 10.40.075 of this iexcept for trailers as permitted-in Subsection (2) above sh 20 parked on any residential lot except while loading or unloa aid of, the performance of a service to the property on whi 21 property; or when such vehicle is parked in connection with vehicle is parked; parking for multiple family residential projects shall be r 23 by Sections 21.44.160, 21.44.170 and 21.44.180 of this code (6) Planned Developments - For residential projec 24 developed under Chapter 21.45, parking shall be regulated b planned development permit; and 25 (7) Administrative Hearing - Any person objecting decision made pursuant to Subsection (2) (111) above may req 26 writing within 10 days of the determination by the Land Use Planning Manager, an administrative hearing with the Direct 27 Building and Planning. The Director of Building and Planni apply the criteria of this section in making his determinat 28 The.decision of the Director shall be final unless the Dire decision is appealed to the City Councll within ten days fc said decision. 22 (5) Multiple Family Projects - The location of ve -2- 1 1 0 e EFFECTIVE DATE: This ordinance shall be effective 1 2 3 4 days after its adoption, and the City Clerk shall certify to adoption of this ordinance and cause it to be published at 1t once in the Carlsbad Journal within fifteen days after its 5 (I adopt ion . f3 /I INTRODUCED AND FIRST READ at a regular meeting of t: 7 8 Carlsbad City Council held on the day of 1984, by the following vote, to wit: 9 ABSENT: 11 NOES : 10 AYES: 12 13 MARY CASLER, Mayor 14 15 ATTEST : 16 17 18 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 19 1 II 20 21 22 23 24 25 26 27 28 -3-