HomeMy WebLinkAbout1972-11-29; City Council; 954; Amendment to Title 21 of Municipal Code•THE C I T
Agenda Bill No.
0 F C A R L S B 1 CALIF'ORNIA
Date: November 29, 1972
Deferred To: City Council
By:subject: Amendment to Title 21, Sections 20.08.080, submitted
21.24.100, 21.080.060, 21.10.060, 21.12.060, 21.16.060,
21.18.060, 21.20.090, and 21.22.070 regarding minimum Planning
lot sizes in residential zones. Commission
Statement of the Matter
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On November 14, 1972, a public hearing was held to consider the
proposed amendment to Title 21 regarding minimum lot sizes in
residential zones. This action was initiated by Resolution of
Intention NO. 86 which was adopted by the Planning Commission
on October 10, 1972. After hearing those persons present to
speak in favor or opposition, the Planning Commission discussed
the proposed amendment. Resolution No. 852 was adopted, recommending
approval of the subject revision to the City Council.
The documents itemized below complete this application for your
further review and hearing.
Exhibit
1 - Staff Report, dated November 14, 1972
2 - Resolution No. 852, announcing findings and decisions
3. Resolution of the City Council #3025, announcing findings and decision*
4 - Ordinance #9336.
Staff Recommendations
Staff recommendations are more completely outlined in the referenced
staff report.
AB No. Date,
City Manager's Recommendation
Council Action
Following Public Hearing . ,. .12-5-72 Resol. 3025 adopted by title only, further reading waived.
Ord. #9336 given first reading by title only, further reading
wai ved.
12-19-72 Ordinance #9336 was given a second reading and adopted,
amending Title 21 of the Municipal Code regarding Minimum
lot sizes in residential zones.
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.STAFF REPORT/Mr"'RANDUM November 14, 1972
JO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: AMENDMENT TO TITLE 21, SECTIONS 20.08.080,21.24.100,
21.080.060, 21.10.060, 21.12.060, 21.16.060,
21.18.060, 21.20.090, and 21.22.070 REGARDING
MINIMUM LOT SIZES IN RESIDENTIAL ZONES.
APPLICANT: RESOLUTION OF INTENTION NO. 86,
INITIATED BY PLANNING COMMISSION
The Staff recommends that Sections 20.08.080 (Subdivision Ordinance),
21.080.060 (R-A Zone), 21.10.060 (R-l Zone), 21.12.060 (R-2 Zone),
21.16.060 (R-3 Zone), 21.18.060 (R-P Zone), 21.20.090 (R-T Zone),
21.24.100 (RD-M Zone), and 21.22.070 (R-W Zone) of Title 21 of the
Carlsbad Municipal Code be amended, changing the minimum lot area.
This increase in minimum lot area will assist in upgrading the
quality of future subdivision activities by limiting densities.
The Subdivision Ordinance, R-A Zone, R-l Zone, R-2 Zone, R-3 Zone,
R-T Zone, and RD-M Zone, are suggested to be upgraded from six-
thousand square feet (6,000 sq.ft.) minimum lot size to seven-
thousand-five-hundred square feet (7,500 sq.ft.). It is also
suggested that the R-P Zone be upgraded from five-thousand square
feet (5,000 sq.ft.) to seven-thousand-five-hundred square feet
(7,500 sq.ft.) and that the R-W Zone be upgraded from four-thousand
square feet (4,000 sq.ft.) to five-thousand square feet (5,000 sq.
ft.) .
These changes, if adopted, would be accompanied by a clause of
non-retroacti vity that all lots legally existing prior to adoption
will remain as legally constituted lots.
Recommendations :
The Staff recommends approval of the Amendment to Title 21 of the
Carlsbad Municipal Code for the following reasons:
Reasons of Approval :
1. The increase in minimum lot size will limit density thereby
improving the quality of future subdivision activity.
2. The increase in minimum lot size will add more flexibility
in building placement and grading techniques.
3. Most of the existing subdivisions in the City are in excess
of 7,500 square feet.
c
DONALD A. AGATEP
Planning Director
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1 , PLANNING COMMISSION RESOLUTION NO. 852
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD RECOMMENDING TO THE CITY COUNCIL AN .AMENDMENT
3 TO TITLE 21, SECTIONS 20.08.080, 21.080.060, 21.10.060,
21.12.060, 21.16.060, 21.18.060, 21.20.090, 21.22.070
4 ' and 2.1.24.100
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6 I . WHEREAS, pursuant to the provisions of Title 21 of the
7 Carlsbad Municipal Code, the Planning Commission did on November 14
8 1972, hold a duly noticed public hearing to consider the following
9 amendment to Title 21, Sections 20.08.080, 21.080.060, 21.10.060,
10 21.12.060, 21.16.060, 21.18.060, 21.20.090, 21.22.070 and 21.24.100,
11 1. Section 20.08.080 Lots (Subdivision Ordinance) Lot areas
12 shall be such as will conform to the standards of development
13 as defined by the Zoning Ordinance, or by other precise plans
14 adopted pursuant to law; provided, that no lot shall contain
15 less than a six-thousand square feet area.
16 2. Section 21.080.060 Minimum Lot Area (R-A Zone) The minimum
17 required area of a lot in the R-A Zone shall be not less than
18 six-thousand square feet, unless otherwise shown on the
19 | zoning maps.
20 3. Section 21.10.060 Minimum Lot Area (R-l Zone) The minimum
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required area of a lot in the R-l Zone shall be not less than
six-thousand square feet, unless otherwise shown on the
zoning map.
4. Section 21.12.060 Minimum Lot Area (R-2 Zone) The minimum
•required area of a lot in the R-2 Zone shall not be less than
six-thousand square feet, unless otherwise shown on the
zoning map.
5. Section 21.16.060 Minimum Lot Area (R-3 Zone) The minimum
required area of a lot in the R-3 Zone shall be not less than
six-thousand square feet, unless otherwise shown on the
zoning map.
6. Section 2J.18.060 Minimum Lot Area (R-P Zone) The minimum •
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area.
although their total area does not equal the required lot
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required area of a lot in the R-P Zone shall be not less
than five-thousand square feet, unless otherwise shown
on the zoning map.
Section 21.20 090, Minimum Lot Area (R-T Zone) The minimum
lot area shall be not less than six-thousand square feet
except when an application for site plan review has been
approved. • •
Section 21.24.100 Lot Area (RD-M Zone) The minimum lot
area shall not be less than specified below, except that
the joining of the two smaller lots shall be permitted
Densities
Low- Medium 6,000 square feet
9. Section 21.22.070 Minimum Lot Area (R-W Zone) The minimum
lot area shall be not less than four-thousand square feet.
17 [TO BE REVISED TO READ:
18 Sections 20,08.080, 21.080.060, 21.10.060,21.12.060,
ig 21.16.060, 21.20.090, 21.24.100 of Title 21 of the Carlsbad
Municipal Code are hereby amended changing the words "six-
thousand square feet" to read "seven-thousand-five-hundred"
square feet". Section 21.18.060 is amended to read "seven-
•thousand-five-hundred square feet" instead of "five-thousand
square feet". Section 21.22.070 is amended changing the
words "four-thousand square feet" to read "five-thousand-
square feet".
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WHEREAS, at said public hearing, upon hearing and considerin
24lthe testimony and arguments, if any, of all persons who desired to
pe heard, said Commission did find the following facts and reasons
bo exist which make the (approval/denial) of an Amendment to Title
21, Sections 20.08.080, 21.080.060, 21.10.060, 21.12.060, 21.16.060,
pi.18.060, 21.20,090, 21.22.070 and 21.24.100 of the Carlsbad
Municipal Code.
1. (Note: See reasons in Staff Report, as they apply.)
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
)f the City of Carlsbad, that it does hereby recommend to the City
1 Council the adoption of an Amendment to Title 21 of the Carlsbad
2 Municipal Code.
3 AND FINALLY RESOLVED, that a copy of this resolution be
4 forwarded to the City Council for its'attention in the manner
5 prescribed by law.
6 PASSED, APPROVED, AND ADOPTED at a regular meeting of the
7 Carlsbad City Planning Commission held on the 14th day of November,
8 1972, by the following vote, to wit:
9 AYES:
10 NOES:
11 ABSENT:
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ELMER H. JOSE, JR., Chairman
14 ATTEST:
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EDMOND W. DOMINGUEZ, Secretary
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November 30, 1972_
Addendum to Planning Commission Resolution Mo. 852
TO: CITY ATTORNEY
FROM: PLANNING DEPARTMENT
SUBJECT: PLANNING COMMISSION RESOLUTION NO. 852
INITIATED BY PLANNING DEPARTMENT
At the public hearing held on November 28, 1972, the Planning
Commission adopted the proposed amendment to Title 21 - Zoning
regarding minimum lot sizes in residential zones. They recom-
mended approval of the revision to the Council to include
Para. 3 of the staff report (clause of non-retroactivity).
This should be included in the ordinance.
DONALD A. AGATEP,
Planning Director
cc: City Clerk
RESOLUTION NO.3025
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD ANNOUNCING FINDINGS AND DECISIONS
3 REGARDING AMENDMENTS TO TITLE 21, SECTIONS
20.08.080, 21.080.060, 21.10.060, 21.12.060,
4 21.16.060, 21.18.060, 21.20.090, 21.22.070
and 21.24.100. (minimum Int. widths V5 " ( 0 r dinan c e s 50 b 0 a n d 9060)
6 WHEREAS, on the 14th day of November, 1972, the Carlsbad
7 City Planning Commission adopted Resolution No. 852, which is
8 hereby referred to and made a part hereof; and
9 WHEREAS, on December 5, 1972, a duly advertised public
10 hearing was held as prescribed by law to consider amendments to
11 Title 21, Sections 20.08.080, 21.080.060, 21.10.060, 21.12.060,
12 21.16.060, 21.18.060, 21.20.090, 21.22.070 and 21.24.100.
13 WHEREAS, the City Council received all recommendations and
14 heard all persons interested in or opposed to the proposed amend-
15 ments to Ti tie 21 ,
16 NOW, THEREFORE, the City Council of the City of Carlsbad
17 DOES HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the
18 Planning Commission contained in Resolution No. 852 constitute
19 the findings of the City Council of the City of Carlsbad.
20 BE IT FURTHER RESOLVED that the City Council does hereby
21 declare its intention to adopt an ordinance to effectuate the
22 proposed amendments to Title 21.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council held on the 5th day of December, 1972, by
the following vote, to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee,
NOES: None.
ABSENT: None.
~M. DUNNE,
ATTEST:
E. ADAT-1S, City Clerk
(SEAL)
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OR D.I NANCE NQ^ 9336
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 20, SECTION 20.08.080 AND TITLE 21
SECTIONS 21.080.060, 21.10.060, 21.12.060 -
21.16.060, 21.18.060, 21.20.090, 21.22.070,
AND 21.24.100 OF THE CARLSBAD MUNICIPAL
CODE TO PROVIDE FOR INCREASED MINIMUM LOT
AREAS IN VARIOUS ZONES IN THE CITY OF
CARLSBAD. .
WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad
Municipal Code, the Planning Commission did on November 14, 1972, hold
a duly noticed public hearing to consider certain amendments to
Sections 20.08.080, 21.080.060, 21.10.060, 21.12.060, 21.16.060,
21.18.060, 21.20.090, 21.Z2.070 and 21.24.100 of Titles 20 and 21 of
theCarlsbad Municipal Code, and;
WHEREAS, the Planning Commission has made certain findings and
has recommended that the City Council of the City of Carlsbad enact
said amendments into law, and;
WHEREAS, the City Council of the City of Carlsbad has by
Resolution No. 3025 adopted said findings as their own and expressed
their intent to amend the law in accord therewith;
NOW, THEREFORE, BE IT ORDAINED, as follows:
1. Section 20.08.080 is amended to read as follows:
"Secti on ,20.08.080 Lots. Lot areas shall be such as will con-
form to the standards of development as defined by the Zoning Ordinanc
or by other precise plans adopted pursuant to lav/; provided, that no
lot shall contain less than a seven thousand five hundred square feat area
2. Section 21.080.060 is amended to read as follows:
" Secjci^on^ 21,.J080. 060 Jli n i munL_Lot Area . The minimum required
area of a lot in the R-A Zone shall be not less than seven thousand
five hundred square feet, unless otherwise shown on the zoning maps."
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3. Section 21.10.060 is amended to read as follows:
"Secjti on 21 .1 0 . Oj)0 Minimum Lot Area. The minimum required
area of a lot in the R-l Zone shall be not less than seven thousand
five hundred square feet, unless otherwise shown on the zoning map"
4. Section 21.12.060 is amended to read as follows:
"Section 21.12.060 Minimum Lot Area. The minimum required area
of a lot in the R-2 Zone shall not be less than seven thousand five
hundred square feet, unless otherwise shown on the zoning map."
5. Section 21.16.060 is amended to read as follows:
"Section 21.16.060 Minimum Lot Area. The minimum required area
ofalot in the R-3 Zone shall be not less than seven thousand five
hundred square feet, unless otherwise shown on the zoning map."
6. Section 21.18.060 is amended to read as follows:
"Section ,21.18.060 Minimum Lot Area. The minimum required area
of a lot in the R-P Zone shall be not less than seven thousand five
hundred square feet, unless otherwise shown on the zoning map."
7. Section 21.20.090 is amended to read as follows:
"Section 21.20.090 Minimum Lot Area. (a) The minimum lot area
shall be not less than seven thousand five hundred square feet except
when an application for site plan review has been approved, (b) Lot
sizes larger than the required area: A number following the zoning
symbol shall mean the minimum lot size in square feet."
8. Section 21.24.100 is amended to read as follows:
" S e c 11 o.n 21 . 2 4 .1 0 0 L o t Area. The minimum lot area shall not
be less than specified below, except that the joining of the two
smaller lots shall be permitted although their total area does not
equal the required lot area.
Densities.
Low - Medium 7,500 square feet
Medium density thru .n nnnhigh density 10,000 square feet»
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9. Section 21.22.070 is amended to read as follows:
"Section 21.22.070 Minimum Lot_Area. The minimum required area
of a lot in the R-W Zone shall not be less than five-thousand square
feet."
EFFECTIVE DATE. This ordinance shall be effective 30 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 15 days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 5th day of
December, 1972, and thereafter PASSED AND ADOPTED at a regular meeting
of said City Council held on the 19th day of December, 1972, by the
following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
DAVID M. DUNNE, Mayor of the
City of Carlsbad, California
ATTEST:
MAIjfGAMT E.ADAM
(SEAL)
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