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HomeMy WebLinkAbout1981-09-15; City Council; 9598; CMC 21.10.080 amend/.51 adds - PD approval of panhandle lots in R-1 zone1 2 3 4 5 6 7 8 9 10 11 12 n 19 2c 21 22 22 24 25 26 27 2f ORDINANCE NO . 9598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE 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 Carlsbad Municipal Code is amended by the amendment of Section 21.10.080 to 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; (3) Lots required to have an area of twenty thousand square feet or more, eighty feet. (b) The City Council for major subdivisions and the Planning Director for minor subdivisions may approve panhandle or flag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist: public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; (2) Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property. (c) In approving a panhandle lot a determination shall be made as to what portion of such lot shall be the buildable lot; for purposes of this chapter, the buildable portion shall be the entire lot 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 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 shall be a minimum ten thousand square feet or the minimum required by the zone whichever is greater. In zone districts permitting less than ten thousand square-foot lots, the buildable portion of the (1) The property cannot be served adequately with a (a) Any panhandle lot approved pursuant to this section 1 2 3 4 5 6 7 e 9 ZC 11 12 0 d 1E 2( 21 2: 2; 2L 2! 2t 2' 24 lot may be less than ten thousand square feet provided the Planning Director finds from evidence submitted on a site plan that all requirements of this section will be met; however, in no case shall the buildable portion of the lot be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle lots with a buildable portion of less than ten thousand square feet is approved, development within such subdivision shall conform to the plan as approved. Any modification to the parking and turnaround areas, or horizontal expansion of buildings shall be submitted to the Planning Director who may approve, approve with conditions or deny any such modifications. (2) The width requirement for the buildable portion of the lot shall be met as required for interior lots in the zone district . met as required for interior lots. public street or publicly dedicated easement afforded access to the buildable lot shall not be greater than one hundred fifty feet for a single lot or two hundred feet when two such lots are adjoining. The minimum width for such access portion shall be twenty-feet except where the access portion is adjacent to the same portion of another such lot, in which case the required minimum frontage shall be fifteen feet, provided a joint easement ensuring common access to both such portions is recorded. access portion of the lot from the public street or public easement to the parking area on the buildable lot at least fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The minimum overhead clearance shall be ten feet. The driveway shall be constructed to accommodate public service vehicles with a minimum of two-inch thick asphalt concrete paving on proper base with rolled edges. private access to a public street or special drainage means must be provided to the satisfaction of the City Engineer. (7) Each lot shall have three nontandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street. The parking and access arrangement shall be designed to the satisfaction of the City Engineer. (8) Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than fourty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. the city or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service. (10) Any other condition the City Council or Planning Director may determine to be necessary to properly develop such property. (3) The yard requirements of the zone district shall be (4) The length of the portion of the lot fronting on a (5) An improved driveway shall be provided within the (6) Drainage from the lot shall be channeled down the (9) The property owner of such a lot shall agree to hold 2. r. (e) Any decision of the Planning Director shall promptly be reported to the Planning Commission and City Council and is final unless appealed within 10 days to the Planning Commission. The decision of the Planning Commission is final unless appealed within 10 days to the City Council. The decision of the Council shall be final. SECTION 2: That Title 21 is amended by the addition of Chapter 21.51 to read as follows: Chapter 21.51 ADMINISTRATIVE VARIANCES Sect ions : 21.51.010 Authority of Planning Director to Grant Certain 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 (1) To grant such variances from the zoning provisions certain variances. The Planning Director shall have the following powers and duties: of the Municipal Code as will not be contrary to its intent or to the public health, safety and general welfare when, due to special conditions or exceptional characteristics of the property or of its location or surroundings as specified in subsection 2, strict and literal interpretation and enforcement of the provisions of the Code would result in unusual difficulties or unnecessary hardship or be inconsistent with the general purpose of the Code. (2) The Planning Director may grant a variance from the zoning provisions of the Municipal Code when it appears from the facts contained in the application and from information obtained by the Planning Director that the following findings can be made : stances or conditions applicable to the property or to the in- tended use that do not apply generally to the other property or class of use in the same vicinity and zone; (b) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question; (c) That the granting of such variance will not be material- ly detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located ; affect the comprehensive general plan. (a) That there are exceptional or extraordinary circum- (d) That the granting of such variance will not adversely 3. 1 2 3 4 5 6 7 8 9 10 11 12 0 19 20 21 22 23 24 25 26 27 28 (3) In granting any variance, the Planning Director may impose such conditions as he deems necessary or desirable to pro- tect the public health, safety and general welfare in accordance with the purpose and intent of the Municipal Code. 21.51.020 - Extent of Variance. Variances granted by (1) the Planning Director shall b e limited to: vided such modification does not exceed 40 percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; zoning regulations. tion shall be processed pursuant to Chapter 21.50 of this Code. Modification of distance or area regulations, pro- (2) Walls or fences to exceed heights permitted by the All other variance applications not listed in this Sec- 21.51.030 - Application and Fees. (a) Application for a zone variance may be made by the owner of the property affected or the authorized agent of the owner. Application shall be filed with the Planning Director upon forms provided by him, The appli- cation shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the Planning Director. shall pay a processing fee in an amount as specified by Council Resolution. (b) At the time of filing the application the applicant 21.51.040 Notice and Procedure. (a) Upon the acceptance of a compllf the required fees for a variance, the Planning Director shall give written notice by mail or personal delivery to all property owners as shown on the last equalized assessment roll within 300 feet of the subject property at least 15 days prior to a decision on the application. (b) Any person so notified may file written objections or a written request to be heard within 10 days after the mailing or personal delivery of the notice. If a written request to be heard is filed, the Planning Director shall schedule a hearing and provide written notice to the applicant and the requestor at least five days prior to the hearing. The hearing is not a public hear- ing and may be informal. set any variance under this chapter for a public hearing before the Planning Commission. In such case the variance shall be pro- cessed according to the provisions of Chapter 21.50 of this Code. (c) The Planning Director shall have the discretion to 21.50.050 - Decision of the Planning Director. (a) The Planninq Director shall render his decision upon the completion of his investigation of the facts as set forth in the application and his review of the circumstances of the particular case. If a hearing is held, he shall render his decision within 10 days of the conclusion of the hearing. /// /// 4. 1 2 3 4 5 6 7 e 9 10 11 19 20 21 2% 2z 24 25 26 27 28 (b) The Director shall announce his decision and find- ings by letter to the applicant and the letter shall recite, among other things, the facts and reasons which in the opinion of the Planning Director make the granting or denial of the variance ne- cessary to carry out the provisions and general purpose of this title and shall order that the variance be granted or denied, and if such letter orders that the variance be granted, it shall also notice such conditions and limitations as the Director may impose. The letter shall be sent to any person who requested or appeared at the hearing and to the Planning Commission and City Council. facts presented in the case, is unable to make the findings set forth in Section 21.51.010 (2), he shall deny the variance. (c) If the Planning Director, after considering the 21.51.060 Effective Date of Variance - Appeal. (a) The order of the Planning Director in granting or denying a variance shall become final and effective ten days after the rendering of his decision granting or denying the variance unless within such ten-day period an appeal in writing is filed with the Planning Commission by either an applicant or an oppo- nent. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. (b) An appeal to the Planning Commission shall be pro- cessed in the same manner as an original application for a vari- ance under Chapter 21.50 of this Code. (c) The decision of the Planning Commission shall be final unless appealed to the City Council in the manner provided for appeals of variances under Chapter 21.50 of this Code. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1st day of sePtder I 1981, and thereafter. /// /// /// '/// /// 5. PASSED, AND ADOPTED at a regular meeting of said City Council held on the 15th day of Septeniber , 1981, by the following vote, to wit: AYES: Council Menhers Packard, Casler, hear and Lewis NOES: None ABSENT: None ABSTAIN: Council Menher Kulchin RONALD C. PACKARD, Mayor ATTEST : (SEAL) 6.