Loading...
HomeMy WebLinkAbout1976-08-17; City Council; 3719-1; Lot Frontage Panhandle Lots.- \ \ \ \ CITY OF CARLSBAD AGENDA BILL NO. 3719 - Suppl^mpnt- 1 Initial: Dept.Hd. DATE: August 17, 1976 c Atty DEPARTMENT: City Attorney C. Mgr. Subject: (ZCA-72) LOT FRONTAGE (PANHANDLE LOTS) Statement of the Matter The City Council at your meeting of July 20, 1976 direct- ed the City Attorney to prepare the necessary documents approving Zone Code Amendment (ZCA-72), revising the regulations regarding panhandle lots. The ordinance adopting the zone code amendment is attached. Exhibits Ordinance No. Recommendation If the Council desires to approve Zone Code-Amendment (ZCA-72), your action is to introduce Ordinance No. yrf'v'7 Council action 8-17-76 Ordinance #9467 was introduced for a first reading, amending various chapters and selections of Title 20 and Title 21 of the Carlsbad Municipal Code to revise regulations regarding Panhandle Lots. 9-7-76 Ordinance #9467 was given a second reading by title only and adopted. 3 *< « fSilz ,. ui it°£ $S m"5^"- • d S zillO If So" <_ m O to > O 8 10 11 12 § 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS AND SECTIONS OF TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE REGULATIONS REGARDING PANHANDLE LOTS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the amendment of Section 21.04.265 to read as follows: "21.04.265 Lot width. "Lot width" means the horizontal distance of the line constituting the required front yard setback, as required in certain zone classifications. For those zone classifications without required front yards, the lot width is the horizontal distance between the side lot lines measured at right angles to a line comprising the depth of the lot at a point midway between the front and rear lot lines." SECTION 2: Title 21, Chapter 21.08 of the Carlsbad Municipal Code is amended by .the amendment of Section 21.08.080 to read as follows: "21.08.080 Lot width. (a) In the R-A 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 trtty "Coxmcilr f or ~maj or~-STibd±vi sioti s-~or"minor' ~ subdivisions on appeal and the Planning Commission for minor sub- divisions 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: (1) The property cannot be served adequately with a public street without panhandle lots" due to" unfavorable^con- ditions resulting from unusual topography, surrounding land development, or lot configuration; (2) Subdivision with panhandle lots will not pre- clude or adversely affect the ability to provide full public street-access to othex_properties within the same block of the subject property. o 03 O o 1 2 3 4 5 6 7 8 9 10 11 12 3 | 13 OU.-I 14 i ° i c 0> >§— t < iO *r —J»•• • IsI— >• ^ 2 I ° Z O S > P C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 build- able lots are the front, sides and rear for purposes of providing required yards. (d) Any panhandle lot approved pursuant to this section 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 feet lots, the buildable portion of the lot may be less than ten thousand square feet provided the Planning Commission 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 sub- division-Shallconform-to the plan as approved.. _ Any-modification to the parking and turnaround areas, or horizontal expansion of buildings shall be submitted to the Planning Commission for approv- al. The Planning Commission 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. (3) The yard requirements of the zone district shall be met as required for interior lots. (4) The length of the portion of the lot fronting on a 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 (5) An improved driveway shall be provided within the access portion of the~~lot 'from the publicT"street~ or public easement to the parking area on the buildable lot at least four- teen 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. (6) Drainage from the lot shall be channeled down the 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 non-tandem 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. This parking and access arrangement 2. m3 o""- SiS° illt|sCD r; —;O O >r E* s o i 2 3 4 5 6 7 8 9 10 11 12 13 o> < 14 15 T Az £ s o J.Olil <& CM ifsr« 17 18 19 20 21 22 23 24 25 26 27 28 W shall be designed to the satisfaction of the City Engineer. (8) Structures permitted in the access portion of the lot shall be limited to mail boxes, fences, trash enclosures, landscape containers and name plates. Except for mail boxes, these structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. (9) The property owner of such a lot shall agree to hold 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 Plan- ning Commission may determine to be necessary to properly develop such property." SECTION 3: 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-l 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 or minor subdivisions on appeal and the Planning Commission for minor sub- divisions 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: (1) The property cannot be served^Tdequately with a public street without panhandle lots due to unfavorable con- ditions resulting from unusual topography, surrounding land development, or lot configuration; (2) Subdivision with panhandle lots will not pre- clude 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. (d) Any panhandle lot approved pursuant to this section 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 3. Q CQC/J g • CC CM5 < o>VINCENT F. BIONDO, JATTORNEY - CITY OF C1200 ELM AVENUE'.ARLSBAD, CALIFORNIA1- 0 | 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 by the zone whichever is greater. In zone districts permitting less than ten thousand square feet lots, the buildable portion of the lot may be less than ten thousand square feet provided the Planning Commission finds from evidence submitted on a siteplan 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 sub- division 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 Commission for approval. The Planning Commission 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. (3) The yard requirements of the zone district shall be met as required for interior lots. (4) The length of the portion of the lot fronting on a 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. (5) An improved driveway shall be provided within the access portion of the lot from the public street or public easement to the parking area on the buildable lot at least four- teen 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. (6) Drainage from the lot shall be channeled down ' the 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,non-tandem.parking _ spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit''cbmplete^tur'narouira^'for" forward access to the street. This 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 mail boxes, fences, trash enclosures, landscape containers and name plates. Except for mail boxes, these structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. (9) The property owner of such a lot shall agree to hold the City or any other public service agency harmless from liability for any damage to the driveway when being used to.perfont a public service. (10) Any other condition the City Council or Plan- 4. co<i ^^CO „w 99 I 1- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14du. ^ I° o i £ 1^>2 15mo *3 J-° "-' • ioi— >• _ fc *i fz ^ 8 o J-O It ^ 17 18 19 20 21 22 23 24 25 26 27 28 ning Conunission may determine to be necessary to properly develop such property." SECTION 4: Title 21, Chapter 21.44 of the Carlsbad Municipal Code is amended by the amendment of Section 21.44.030 to read as follows: "21.44.030 Limitation on issuance of building permit. No building permit shall be issued for any building or structure to be erected on a lot having less than twenty feet frontage on a dedicated public street or a public dedicated easement accepted by the City or on a lot situated at the terminus of a street that should be extended. Where the panhandle or flag-shaped portion of a lot is adjacent to the same portion of another such lot, the required minimum frontage on such street or easement shall be fifteen feet provided a joint easement ensuring common access to both such portions is agreed upon by the owners of such lots and recorded. The City Council based on a report from the City Engineer may grant an exception to the limitations of this section for lots situated at the terminus of a street that should be extended." SECTION 5: Title 21, Chapter 21.46 of the Carlsbad Municipal Code is amended by the deletion of Section 21.46.220. SECTION 6: Title 20, Chapter 20.16, Section 20.16.010 of the Carlsbad Municipal Code is amended by the deletion of Sub- section (8) and by the amendment of Subsections (4), (5) and (6) to read as follows: "(4) Every lot shall have a width as specified in Title 2 for the zone in which the lot is located at the time the final map is submitted. (5) Except for panhandle or flag-shaped lots approved pursuant to Title 21, lots whose side lines' are approximate~ly~"" radial to the center _of a cul-de-sac or the center of the inter- section of two dead-end streets shall have at least thirty-three feet of frontage measured at the right-of-way lines. (6) Panhandle or flag-shaped lots, if permitted pursuant to Title 21, shall have minimum frontage of twenty feet on a dedi- cated public street or publicly dedicated easement accepted by the City. Where the panhandle or flag-shaped portion of a lot is adjacent to the same portion of another such lot the required minimum frontage on such street easement shall be fifteen feet provided a joint easement ensuring common access to both such portions is agreed upon by the owners of such lots and recorded." Q CO CNRLU £. (N ^P~ o 6 7 8 9 10 11 12 13 d u. ™ I 14Q O 2 2 H Ml 15 "• • doHS8P 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: Title 20, Chapter 20.24, of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.090 to read as follows: "20.24.090 City Engineer - Duties. The City Engineer is authorized and directed to carry out the duties assigned to him by this title including, but not limited to, the following: (1) Obtain the recommendations of other City Departments, governmental agencies or special districts as may be deemed appropriate or necessary by the City Engineer in order to carry out the provisions of this title. (2) Investigate each tentative parcel map filed pursuant to this chapter and indicate by written report the kind, nature and extent of improvements required to be installed on or to serve the land to be divided. (3) Refer to the Planning Department for report and to the Planning Commission for decision on any tentative parcel map containing proposed panhandle or flag-shaped lots that do not meet the minimum lot width requirements of the zone but which may be permitted pursuant to Title 21. The processing of such maps shall be deferred until the Planning Commission has determined whether or not to approve the panhandle lots. If such lots are not approved, the City Engineer shall disapprove the map. If such lots are approved by the Planning Commission the City Engineer shall continue to process the map in accord with this chapter. (4) Approve, conditionally approve or disapprove tentative parcel maps, and report as provided in this chapter this approval, conditional approval or disapproval directly to the subdivider. (5) Waive the requirement for filing and recordation of a parcel map for certain subdivisions as provided for in this title." SECTION 8: Title 20, Chapter 20.28, of the Carlsbad Municipal Code is amended by the amendment of Section 20.28.020 to read as follows: "20.28.020 Panhandle-shaped lots. Other provisions of this title notwithstanding, a panhandle^shaped on..flag-shaped . lot, if permitted by Title 21, shall have a minimum frontage of twenty feet on a dedicated public street or publicly dedicated easement accepted by the City. Panhandles may not serve as access to any lot except the lot of which the panhandle is a part. ._ Where the panhandle or flag-shaped portion of a lot is adjacent to the same portion of another such lot, the required minimum frontage on such street or easement shall be fifteen feet provided a joint easement ensuring common access to both such portions is agreed upon by the property owners and recorded." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the-C-i-ty-Clerk- shall certify to the 6. 1 2 3 4 5 6 7 8 9 10 11 12 § § 13 /^ "5 f"oc < o, o'"sl 14 y 2 nrZ v. nj Jr m 0 15 16 | I 17 i ° 18 19 20 21 22 23 24 25 26 27 28 c o adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 17th day of Au9ust f 1976, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 7th day of September / 1976, by the following vote, to wit: AYES: Councilman Lewis, Skotnicki, Packard and Councilwoman Casler NOES: None. ABSENT: Councilman Frazee. ATTEST: _fc'vr' - f - —C." FRtfZEE, Mayor CLAUDE A. LEWIS, Vice-Mayor MA&GARET E. ADAMS /City Clerk NORA K. GARDINER, Deputy City Clerk (SEAL) 7.