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HomeMy WebLinkAbout2001-07-18; Planning Commission; Resolution 49941 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. 4994 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A ZONE CODE AMENDMENT AMENDING SECTIONS OF THE ZONING ORDINANCE THAT ADDRESS THE DESIGN OF LOCAL PUBLIC STREETS CASE NAME: LIVABLE STREETS CASE NO: ZCA 01-03 WHEREAS, the Planning Director, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by various property owners, “Owner,” described as citywide (“the Property”); and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “V” dated, June 20, 2001, and attached hereto LIVABLE STREETS, ZCA 01-03; and WHEREAS, the Planning Commission did on the 6th day of June, 2001, on the 20th day of June 2001, and on the 18th day of July 2001 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LIVABLE STREETS, ZCA 01-03, based on the following findings: Findings: 1. That the proposed Zone Code Amendment LIVABLE STREETS ZCA 01-03 directly implements goals, objectives and implementing programs of the General Plan related to enhancing the appearance or residential streets, reducing the speed of traffic, increasing pedestrian safety, promoting alternative transportation, . 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 2. providing emergency service and addressing emergency evacuation of residential neighborhoods. That the proposed ZCA reflects sound principles of good planning in that the proposed zoning definitions and development standards provide consistency between City policies and standards related to the width of public and private streets. Future streets in the Rural Residential Estate Zone and the Residential Mobile Home Park Zone will have street widths consistent with private and public residential local streets in other residential zones. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 18th day of July, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioner L’Heureux ABSTAIN: JEFMN. SEGAI&!hairperson CARLSBAD PLANkNG COMMISSION ATTEST: Planning Director PC RESO NO. 4994 -2- 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 Exhibit “v” June 20,200l ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, SECTIONS 21.04.210, 21.04.355, 21.09.160, AND 21.37.100 TO MODIFY REGULATIONS RELATED TO STREET WIDTHS CASE NAME: LIVABLE STREETS CASE NO.: GPA Ol-Ol/ZCA 01-03 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.04, Section 21.04.335 of the Carlsbad Municipal Code is amended to read as follows: “21.04.210 Lot. “Lot” means a parcel of record legally created by subdivision map, adjustment plat, certificate of compliance, or a parcel legally in existence prior to incorporation of the lot into the jurisdiction of the city. Any parcel created prior to May I, 1956, shall be presumed to be lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created. A lot shall have frontage that allows usable access on a dedicated public street accepted by the city. This street or easement shall have a minimum right-of-way width of 42 feet. Special lot and street configurations for affordable housing projects may be allowed subject to the provisions of Section 21.53.120. SECTION 2: That Title 21, Chapter 21.04, Section 21.04.335 of the Carlsbad Municipal Code is amended to read as follows: “21.04.335 Street “Street” means a publicly dedicated and accepted thoroughfare which affords primary means of access to abutting property and having a minimum right-of-way width of not less than 42 feet. SECTION 3: That Title 21, Chapter 21.09, Section 21.09.160 of the Carlsbad Municipal Code is amended to read as follows: “21.09.160 Modifications of public improvements. (a) All public facilities, dedications and improvements shall be required in accord with this code and adopted policies and standards of the city; however, as hereinafter provided, the city engineer may modify certain special public improvement standards provided the design of these modified improvements is related to the function, topography and needs of the area. Any such modifications shall be reflected as conditions of approval to a tentative subdivision map. (a) Street improvements and dedications for streets inside subdivisions may be modified as follows: (1)All or part of the required sidewalks, curbs, gutters or drainage structures may be waived or modified if it is found that such improvements are unwarranted and would distract from the rural character of the area. If such requirements are waived, the city engineer may 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 require that drainage easements and/or drainage releases be made part of the tract map to ensure proper drainage over private property. (2)Horizontal and vertical alignment standards may be modified or waived to reduce grading. In such cases, an adequate right-of-way shall be provided to accommodate possible future corrections to meet city standards. (3) The city council shall have the option of requiring that street right-of-way be privately maintained under a property owners’ association or may accept an offer of dedication. If privately owned, the streets shall be open to the public by easement. (b) Public sewer systems shall be required to serve each lot in the R-E zone unless specifically waived by the city council. Such waiver shall be conditioned on the installation of an alternative sewer disposal system permitted by this code and found by the city council to be feasible for each lot. The determination of the adequacy of such alternate system shall be based on detailed soils testing on each existing or proposed lot as provided for by the county health department. If an alternate system is approved, the subdivider shall prepare plans for a future public sewer system as a backup system. Dedication of all easements necessary to construct such a backup public sewer system shall be required as a condition of final map approval. (d) Any modification pursuant to this section shall not relieve the subdivider from providing public facilities, dedications and improvements that also provide services necessary for the welfare of the general public, as required by the general plan, applicable specific plans or city ordinances or policies. (Ord. 9498 § 4 (part), 1978) “ SECTION IV: That Title, Chapter 21.37, Section 21.37.100 of the Carlsbad Municipal Code is amended to read as follows: “21.37.100 Development standards. A mobile home park shall comply with the following development standards: (I) A mobile home park shall be not less than five acres for a condominium or planned unit development park and fifteen acres for a rental park. (2) Fifteen percent of the mobile home sites may be three thousand square feet in area to accommodate a twenty foot wide mobile home. The remaining sites shall have a minimum of three thousand five hundred square feet in area. (3) Each mobile home lot shall have a width of not less than fifty feet. (4) Not more than one single-family mobile home or factory-built home may be placed on a mobile home lot. Each mobile home or factory-built house shall contain one dwelling unit only. No mobile home or factory-built house shall be less than twenty-four feet wide, except for the fifteen percent affordable housing units which may be twenty feet wide. (5) Each mobile home site shall have a front yard of not less than five feet. The front yard so required shall not be used for vehicle parking, except such portion thereof as is devoted to driveway use. (6) On comer mobile home sites, the side yard adjoining the mobile home park street shall not be less than five feet. (7) Except for corner lots, each mobile home lot shall have a side yard of not less than three feet and a rear yard of not less than three feet. The minimum separation between mobile homes or between a mobile home and a building shall be as follows: from side to side, ten feet; from side to rear, eight feet; from rear to rear, six feet. Notwithstanding the separation requirement, a private garage may be located immediately adjacent to a mobile home if the interior of the garage wall adjacent to the mobile home is constructed of materials approved for one-hour fire resistive construction. If there are .openings in the mobile home wall adjacent to the garage wall, a minimum of three feet separation shall be maintained between the mobile home and a private garage which does not meet the requirements for -2- 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 one-hour fire-resistive construction. Private garages shall maintain a minimum side yard and rear yard of not less than three feet. (A) Carports/awnings must be constructed of noncombustible materials and may be constructed to the lot line provided there is a minimum of three feet clearance from a mobilehome or any other structures on the adjacent lots. (B) A maximum of two storage cabinets shall be permitted on each mobile home lot. The aggregate floor area of the cabinets shall not exceed one hundred square feet nor shall the height of the cabinets exceed ten feet. Storage cabinets may be located on a lot line or adjacent to a mobilehome or mobilehome accessory building or structure or beneath an awning or carport; provided, that it does not obstruct the required exiting or openings for light and ventilation of a mobilehome or a cabana, or prevent service or inspection of mobilehome equipment and utility connections or encroach within a designated open space area. (C) Expansion or alteration of buildings which are nonconforming by reason of inadequate yards shall comply with Section 21.48.090. Miscellaneous accessory structures such as lath houses, greenhouses, storage buildings (greater than one hundred square feet in floor area), etc., may be erected on a mobile home lot, provided they are located a minimum of six feet from any mobile home, outside any required yard and the occupied area of a lot does not exceed seventy-five percent of the lot. (8) When used for access to a parking facility, a side yard shall be wide enough for a ten- foot-wide unobstructed driveway. All such side yard driveways shall be paved with cement or asphaltic concrete. (9) Window awnings, not including structures, may project not more than four feet into any front yard and the following features may be erected or project into any required yard: (A) Vegetation, including trees, shrubs and other plants; (B) Necessary appurtenances for utility service; (C) Mailboxes. (10) The area of the mobile home and all mobile home accessory structures shall not cover more than seventy-five percent of the mobile home site. (I I) Each mobile home site shall include a paved area suitable for providing automobile shelter with space for at least two automobiles. Recreation and laundry areas combined shall have sufficient parking facilities to accommodate one automobile for every five mobile home sites up to fifty lots and one space for each ten lots thereafter. (12) Mobile home park streets shall be provided in such a pattern as to provide convenient traffic circulation within the mobile home park. Such streets shall be built to the following standards: (A) No roadway shall be less than 34 feet in width. (B) There shall be concrete curbs on each side of the streets. (C) The mobile home park streets shall be paved according to standards established by the city engineer. (D) Mobile home park streets shall be lighted in accordance with the standards established by the city engineer. (13) Visitor parking shall be provided at a ratio of one space per four mobile home units. On- street parking may be counted towards meeting this requirement. (14) The city council may permit decentralization of the recreational facilities in accordance with principles of good planning. (15) Utilities. (A) All utilities shall be underground. (B) Television reception shall be by means of cable television or one antenna or several common antennae if the size or configuration of the mobile home park requires more than one. Individual TV antennas on a coach shall be prohibited. -3- 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 (C) Common trash-bin enclosures shall be provided. They shall be of masonry construction and compatible with the mobile home park. (16) Service buildings and facilities shall be strategically located throughout the park for convenient access from mobile homes. No service building shall be closer than twenty feet to any property adjacent to the mobile home park. (17) Mobile home parks shall be enclosed by solid masonry fences, six feet in height, subject to land use planning manager approval, along dedicated street frontages and interior property lines. (18) All new mobile homes shall bear a valid insignia of approval issued by the State Department of Housing and Community Development. SECTION V: That the findings of the Planning commission as set forth in Planning Commission Resolution 4994 constitute the findings of the City Council. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2001, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -4-