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HomeMy WebLinkAbout1978-04-04; City Council; 5179-2; Rural-Residential Estate ZoneC CITY OF CARLSBAD Initial: AGENDA BI;LL NQ. A ;-. , ,0 Dept.DATE: -April -4,- 1978 _ DTAMKTTMP C 1DEPARTMENT: PLANNING _ City Mgr. K : Rural Residential Estate Zone, ZCA-86 Statement of the Matter The City Council heard ZCA-86 on December 6, 1977. They were generally satisfied with the code amendment, except they asked that the Planning Commission consider two changes. One change had to do with septic system testing; the other with lot size requirement. The Planning Commission made modifications to ZCA-86 to incorporate these two City Council directives, and suggested other changes, as follow-through, in keeping with the directive. Please see Staff Report, dated March 8, 1978, for an explanation of the changes that the Planning Commission has recommended. Also, see Exhibit D, dated March 8, 1978, for the final recommended Ordinance from the Planning Commission. This Ordinance is a strike-out, underlined version, so that City Council may follow the changes suggested by the Planning Commission at their latest workshop. In addition, the Planning Commission suggested that the section allowing overhead utility services be deleted. (Section 21.09.1602(b)) This section was not part of the City Council directive; therefore, it has not been struck from Exhibit D. Nevertheless, the Planning Commission does recommend that the City Council delete that section also. ATTACHMENTS Staff Report, dated March 8, 1978 Exhibit D, dated March 8, 1978 Planning Commission Minutes, dated January 25, 1978; February IS, 1978; $ March 8, 1978 RECOMMENDATION It, is recommended that the City Council direct the City Attorney to prepare a document approving ZCA 86, as contained in Exhibit D, dated March 8, 1978, with the additional change of the deletion of subparagraph B of Section 21.09.1602(b). Council action 4-4-78 The City Attorney was directed to prepare documents necessary for approval of ZCA 86, as contained in Exhibit D, Dated March 8, 1978, with the additional change of the deletion of subparagraph B of Section 21.09.1602(5). FORM PLANNING 73 STAFF REPORT DATE: March 8, 1978 TO: Planning Commission FROM: Planning Department SUBJECT: ZCA-86, Report to City Council At the Planning Commission workshop of February 15, 1978, you reviewed the City Council's directive on amending the residential estate zone to provide for alternative methods to approve septic systems and to consider a different method for calculating density, especially a one acre minimum. The Planning Commission did this and suggested changes, these changes have been incorporated in the Exhibit "C" attached. The following is a discussion of this change: Section 21.09.010, (Page 2), the intent and purpose has been modified by deleting the term rural atmosphere and adding the development to the harmony with a natural terrain and vegetation to provide for a combination rural/estate zone. Also deleted was the sentence indicating that the size of dwelling be related to the site and large yards. This was a eftover from the requirement"for . : ; the minimum size of units. Section 21.09.030, Subparagraph (2) has been modified to allow one animal on 20,000 square feet instead of the two per acre. This recognizes that many of the lots will be one acre in size, and therefore the requirement should be based on the minimum of one horse or animal on an amount of land that could be accommodated on one acre. Section 21.09.110, Page 5, the minimum lot area has been changed from the require- ment of a 2 acre average with a I acre minimum to a minimum based on natural slope retaining however a I acre minimum. The formula for determining average natural slope has been incorporated into the ordinance. This formula is presently being used by the cities of Chula Vista, and Vista. An explanation of the formula is as follows: The formula S = 0.00229 X I X L is commonly used to determine average slope A expressed in percent. In using this formula, S = Average natural slope in percent I = Contain interval in feet L = Length of contours in feet A = Acres of area being measured 0.00229 = Constant which converts square feet into acres and expresses slope in percent. We can figure the percent of slope on any cross section of a piece of property by using the standard formula of rise over run. An example using a 2 to I slope is: Rise = I Run = 2 R, i se Run 1 = .5 X 100 = In this example we are dealing with a cross section or only two dimensions. To figure average slope across a property we must deal with surface areas and three dimensions so that the area. of the rise over 'the area ;of the run results In a .-figure .expressing average slope. Slopes are seldom uniform* they have ridges, valleys, bumps and depressions. The formula compensates for this with "L" = the length of the contour lines. In this example I = 5' shows a uniform slope. (the contour lines are 5' apart) and "B" shows a comp ex slope. "L" (th lines in feet) will also be greater. be greater with the complex slope. (the As a "L" varies. "A" length of contour result "S" will 100' 100' A 100' 100' The distance between the contour lines is important in that as the distance increases the accuracy of the formula decreases. This is less important where slopes are uniform. Section 21.09.050, Page 7, this section has been totally modified to provide findings for approval of a subdivision map in the R-E Zone. These findings are based on the intent of the R-E Zone in that they relate to the density being in harmony with the natural terrain. Section 21.09.160, Subparagraph (2), Page 9, the requirement for alternative sewer disposal system has been modified by deleting the requirements for a detailed soil testing be done on each lot to a more general requirement that the flexibility allows the County Health Department to determine the amount of testing necessary. Recommendation. It is recommended that the Planning Commission submit this report with the attached Exhibit "C", dated February 28, 1978, to the City Council. Attachment Exhibit "C", dated February 28, 1978. BP:DLR:ar 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 DRAFT ORDINANCE I BIT "C" - 2/28/78 ORDINANCE NO. AN ORDINANCE OF THE C1TY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE ZONING REGULATIONS BY ADDING THE RURAL- RESIDENTIAL ESTATE ZONE. The City Council of the-City of Carlsbad, California, does ordain as fo11ows: SECTION I: Title 21, Chapter-21.04 of the Carlsbad Municipal Code is amended by adding Section 21.04.065 to read as follows: "21.04.065 shall be Bui I ding Height.The height of a building or structure, measured as the greatest vertical distance along a line between the highest point of the coping of a flat roof or to the highest point of a mansard roof or to the average height of the highest gable of a pitched or hipped roof and finished grade at any point adjacent to, or five feet out from any building wall (or at the property line, whichever first occurs), whichever is lower in elevation. • Provided, however, that for parcels which" slope downward from a dedicated pub Iic right-of-way, whenever the natural grade elevation difference between the average elevation of the grade along the front yard setback line and the average elevation of the grade along the rear most building or structure wall exceeds a slope of 2:I, (one foot vertical rise in 2 feet of horizontal distance), the building or structure height may be measured vertically along the rearmost building or structure wall, rather than five feet out from the,wall In the cases where retaining walls or fill grading are utilized to create finished grade higher in elevation than pre-existing grade, then pre-existing grade shall be used in the determination of building or structure height. Pre- existing grade is defined as 'the ground level elevation which existed prior to any site preparation .related to, or to be incorporated into, the proposed new development or alteration. SECTION 2: Title 21, Chapter 21.05 of the Carlsbad Municipal Code is amended by adding Section 21.05.020 to read as.follows: "R-E Rural Reside'nf ial Estate" SECTION 3: ' Title 21, Chapter 21.05 of the Carlsbad Municipal Code is amended by the amendment of Section 21.05.020(3) to read as follows: "(3). Uses permitted in the R-A Zone, the 0-S Zone, the E-A Zone and the R-E Zone shall be considered to be as restrictive as those permitted in the R-l Zone, except that those uses pertaini'ng to animals shall be considered as "more restrictive .uses" for purposes of this section." 3 4 8 9 ,10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION 4. Title 21 of the Carlsbad Municipal Code is hereby amended by the addition of Chapter 21.09 to read-as follows: Chapter 21.09 . R-E Rural Residential Estate "21.09.010 Intent and Purpose. The intent of the R-E Zone is to provide a residential area w+tn-a-FHfa-t—etmesphefey-w-Hh in harmony with the natural • terrain and vegetation. Where feasible or desirable there are to be large open areas between structures, large yards, and areas left in a natural setting. The zone shall be limited to single family development with incidental and com- patible agricultural uses. The-s+2e-e£-+he~dwe+++R§-«nf:l=s-a)=e-:t:e-be-Fe-l-a*ed +R-pf:epeF-sea-l-e-+e-fhe—l-aFgeTyaFds-aRd—l-e+s. Public facilities shall be sufficient to provide for convenience and safety, but need not meet full City standards. "21.09.020 Permitted Uses. In an R-E Zone, the following uses only are permitted as hereinafter specifically provided and allowed by this chapter subject to the provisions of this chapter, and to the development standards provided in Chapter 21.41 and 21.44. (1) One one-family dwelling unit per lot. * (2) Grazing of ruminant animals provided that there is a minimum of 10 acres of land used exclusively for such grzing and .the number of horses and cattle does not exceed 4 per acre, or small animals such as goats and sheep does not to 12 per acre. For combining of animals, one large animal is equivalent to 3 small animals. (3) Crop production. (4) Floriculture. ' "21.09.030 Accessory Uses. If a one-family dwelling unit exists on a lot, the following accessory-uses are permitted on such lot: (1) Ordinary household pets, including but not limited to dogs and cats. Not more than two adult dogs and two adult cats are permitted for each dwelling unit together with offspring under four months of age. (2) Horses and other grazing animals provided that such animal shall not exceed +we one for each aef=e-ef-4and 20,000 square feet of land specificaIly designated for such animal. . . (3) Youth'farm projects that are sponsored by nonprofit organizations such as 4-H. (4) Barns, private garages, playhouses, windmills, silos, radio and television receiving antennas, stables, and such other as are required for the conduct of uses permitted by this section.. 28 .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 (5) Greenhouses less.than two-thousand, square feet, provided all requirements for yard setback and height are met. (6) Poultry, rabbits, chinchillas and other small animals provided that all such animals shall at a I I times be confined to an enclosure, and that not more than 25 of any one animal or combination of such animals may be maintained at any time on any single lot. (7) Maintaining mail address for commercial and business license purposes only, provided no stock in trade, supplies, professional equipment, . apparatus or business equipment except such as are accessory to a permitted use are kept on the premises, and provided that no employees or assistants are engaged for services on the premises except in connection with uses specifically listed as permissable in this section, provided further, that no more than one motor vehicle may contain equipment, tools and stock in trade.maintained therein provided such tools and equipment are not used for the performance of services upon the premises and the stock in trade is. not sold from the premises. "21.09.040 Use and Structures Permitted by Conditional Use Permit. Subject to the provisions of Chapter 21.50, the following uses and structures are permitted by the issuance of a Conditional Use Permit: (1) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, "R" Zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary.- (2) Commercial stables and/or horse-boarding facilities. (3) Greenhouse greater than two-thousand square feet, provided all requirements for yard setbacks and height are met. (4) Nurseries, both wholesale and retail. (5) Poultry, rabbits, chinchillas, and other small animals in excess of 25 of any one animal or combination of such animals. (6) Produce stands, for the sale of products raised on the site. "21.09.050 Conduct of Use. Storage of all equipment, supplies, and recreation vehicles shall be within enclosed buildings or shielded from view from public streets or easements by landscape barrier or other methods. "21.09.060 District Requirement.The R-E Zone shall not be applied to acres of contiguous land. Property separated by a 00' of frontage fs any area of less, than 10 public street shall be considered contiguous if more than on direct opposite sides of the street. "21.09.070 BuiIding Height. No building in the R-E Zone shall exceed a height of 35 feet. 28 .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 "21.09.080 Front Yard. Every lot in the R-E Zone shall have a front yard which has a depth not less than seventy feet except for the following circumstances: (1) Fences of wood or wood and masonry combination, chain link or equal quality, up to five feet in height provided the fence is at least 50 percent open and permitted within 10 feet of the front property line. (2) Roofed shelter for animals open on at least three sides may be < placed up to 20 feet from street property line. (3) The Planning Commission may approve the location of dwelling and garages up to 20 feet from the street property line if the difference in elevation of the required front yard setback line and the center line of the street exceed 15 feet. Application for such reduction in required front yard setback shall be made by Site Development Plan as per Chapter 21.05 of this code. "21.09.090 Side Yard. In an R-E Zone an interior side yard shall not be less than 15 feet in width and street side yard shall not be less than 50 feet in width. The Planning Commission may approve the location of dwellings and garages up to 20 feet from the street side yard property line if the difference in elevation of the required street side yard setback line and the center line of the street exceeds 10 feet. Application for such reduction in required street side yard setback shall be made by Site Development Plan as per Chapter 21.05 of this code. "21.09.100 Placement of Buildings. Placement of buildings on any lot shall conform to the following: (I) No building shall occupy any portion of a required yard. (2) (3) (4) (5) XXX XXX Any building, any portion of which is used'for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard. The distance between buildings used for human habitation and detached accessory buildings shall not be less than 10 feet. The keeping of all domestic animals provided for in this chapter shall conform to all other provisions of law governing same, and no pen, coop, stable or barn shall be erected within 40 feet of any building used for human habitation or 25 feet from any property line. .,-_ Permits for dwelling units to be located further than 500 feet from a fire hydrant shall be subject to individual determination by the Fire Department, which may require the installation of additional safety equipment, including the requirement for additional hydrants or stand pipes. .4 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 "24T (1) (2) (3) (4) "21. R-E Zone area shal (1) • ^•K . . • ^*» ' •""*% ' W , """*" w. ^ t • ' The-avefra§e-4e+-af=ea-ef- the-sbbd+v+s+eB— t-s-twe-aepes* Ne-+e+-4-f»-fhe-sttbd+vts4©n--shaH--be«-l-es5--thQH-eRe--3ef::e. nO""Ffl0i=6-" T nBf1~9yp~" 0T^TnS~"T©TS""Q1e©"~T6SS7"T=nQft""l"TW©'""9G10GS • 09.110 Minimum Lot Area. The minimum required area of a lot in the shall be determined by average natural slope of the property. The 1 be determined as fol lows. Lot Area Average Natural Slope Minimum Lot Size 12 0 to 12.5$ 1 acre .5% to 20$ . "2 acres 2~% to 25% ' 3 acres Over 25% 4 acres (2). division Computing average natural slope at time of subdivision,, the sub- map shall indicate the boundaries of each lot and the natural slope of each lot. To calculate average natural slope, the subdivision map shall be drawn to an appropriate scale (not greater than one inch equals 200 feet) and contain contour intervals not greater than 5 feet. Computation of the average-. natural s Where S 1r A 0.00229 lope shall be done using the following formula: S = 0.00229 X 1 X L A = Average natural slope in percent = Contour interval in feet = Length of contours in feet = Acres of area being measured = Constant which converts square feet into acres and expresses slope in percent. The average natural slope shall be certified by a registerd Civil Engineer. "21. (1) (2) 09.120 Lot Width. In the R-E Zone, every lot created shall have a minimum lot width of 100 feet. The City Council for major subdivisions or minor subdivisions on appeal and Planning Commission -for minor subdivisions may' approve panhandle or flagshaped lots where the lot area width and yards shal be measured as fol lows: .5 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 (A) The buildable portion of the lot which is the total area minus that portion containing the drive approach (handle) shall meet the minimum area requirement of the R-E Zone. (B) The width requirement for the buildable portion of the lot shall be as required for lots in the zone district. * (C) The yard requirements of the zone district shall be met except- that front yard setbacks may be reduced to 30 feet. (D) The minimum width of the access portion shall be twenty-four 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 15 feet, provided a joint easement ensuring common access of a minimum width of 30 feet to both such portions is recorded. (E) 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 14 feet wide for single lots and 20 feet wide when serving more than one lot. The minimum overhead clearance shall be .10 feet. The'driveway shall be constructed of two inch thick asphalt concrete paving on proper base with rolled edges. (F) Each lot shall have at least three nontandem parking spaces with an approach not iess 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 shall be designated to the satisfaction of the Planning Director. (G) Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, gates, trash enclosures, landscape containers and nameplates. Except for mailboxes, 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. (H) 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. "21.09.130 Lot Coverage. All buildings including accessory buildings > and structures, excluding greenhouses, shall not cover more than 20 percent of the area of the lot. "21.09.140 Parking.Notwithstanding parking requirements of Chapter less than two .off-street parking spaces shall be provided for each The required two spaces shall be cove.red by a garage or carport,. 21.44 not residence. and the driveway, adequately paved with either concrete or asphalt cement prepared over adequate base. .6 .—^ 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 "21.09.150 Subdivision of Land in the R-E Zone. Proposed subdivision of land in the R-E Zone shall be subject to af+- prevtstens-ef-+he-stibdtvf9teri the fol lowi ng: . (I ) Proposed subdivisions shall be subject to all provisions of the City's subdivision regulations (Title 20) except as specified in Section 21.09.160 of this chapter. ' . (2) in addition the City will review the tentative. map for compliance with the intent of the R-E Zone. The review will seek to insure the follow.ing: a) Preservation of the rural and natural characteristics of the area. within the R-E Zone. b) That the orientation of improvements on the individual sites relate with the natural topography. c) The property lines are designed in keeping with the terrain by following drainage courses, ridge lines, and tops of graded slopes wherever pract i c I e . d) Grading to be minimized but where grading .is necessary it is to blend with the natural topography wherever practicle. . . e) -Favorable features of the individual si'tes (i.e, mature trees and other significant vegetation, rock outcropp rings, mounds, view, etc) can be preserved and maximized. - •••-•••- f ) The individual sites will have a desirable visual appearance from all practical view point-s (adjoining developments, streets, trai Is, and other view corridors. 3) ' To facilitate this review the applicant shall submit a preliminary grading plan to the City with the tentative map. The preliminary grading plan shall show existing topography, prel imi nary grading, drainage, drives, building pads, streets and trails. In addition, the preliminary grading plans shall indicate all areas of mature trees and native perennial vegetation. "21.09.160 Modi f ications of ' Publ ic Improvements. All public facilities, dedications and improvements shall be required in accord with adopted ordinances, policies and standards of the City of Carlsbad. However, as conditions of approval of a Tentative Subdivision Map, the City Council may modify certain specific public improvement' standards provided- the design of these modified improvements is related..to the function, topography and needs of the area. The specific improvements that can be modified are as follows: (I) Street improvements and dedications for streets inside subdivisions are as fol lows: (A) Right-of-way for streets, may be reduced provided that they not be reduced less than 40'. 28 .7 1 2 5 4 5 6 7 8 9 11• 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (B) Parking lane may be deleted on one side of streets. (C) Pavement width may be reduced on streets serving eight or less units to 28', parking one side, OP 32' parking both sides.as the City Council may determine. (D) Pavement width may be reduced on streets serving more than - eight units to 30', parking one side, or 36' parking both sides as the City Council may determine. (E) 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 request that drainage easements and/or drainage releases be made part of the Tract Map to insure proper drainage over private property. OF) 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. (G) The City Council shall have the option of requiring that street right-of-way shall be privately maintained under an association as hereinafter required, or may accept an offer of dedication. If privately owned, the streets shall be open to the public by easement. (2) Utilities and Services as follows: (A) Public sewer systems shall be required to serve lots in the R-E Zone unless specifically waived by City Council. Such waiver shall be conditioned on the installation of an alternative sewer disposal system permitted by this code and found to be feasible for each lot. XXX XXX map . The determination of the adequacy of such alternate system shall be based on a detailed soils testing on each existing lot or proposed lot of a tentative map or as otherwise provided for by the County Health Department. No land in an R-E Zone shall be subdivided without bonded pro- visions for a public sewer system, unless approved by the County Health Department and the City Engineer, and the public sewer r'equ i rement wa i ved for R-E Zone subdivision of land, there shall be the requirement to prepare plans for a future public sewer system as a backup system. All easements required to construct such a backup public sewer system shall be required as a condition of final map recordation. .8 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 (B) Overhead wiring for telephone and electric service may be permitted unless otherwise prohibited by Public Utility Commission regulations. These modifications to City improvement standards shall not receive the subdivider from providing public facilities, dedications and improvements . that provide services necessary for the welfare of the general public as required by the General Plan, applicable Specific Plans, or City ordinance or policies. "21.09.170 Covenants, Conditions and Restrictions. The fiIing of a tentative map in an R-E Zone shallinclude the submittal of proposed private deed covenants, conditions and restrictions. As a minimum these documents shall include the following provisions: A) Lots in the R-E Zone may not be resubdivided; B) Minimum floor area for dwelling units shall be included; C) Maintenance of private property including private streets in a manner consistent with the purposes of this zone shall be included. Such documentation shall make the City of Carlsbad as party and provided that they may not be amended without the approval of the City Council. The C.C.&R'S must be approved by the City Council prior to approval of the final-map, and they must be recorded. "21.09.180 Findings Required for Rezoning or Resubdivision to a More Intensive Use. Once a R-E Zone has been adopted, and subdivisions .have occurred under the above provisions, no rezoning or resubdivision to a more intensive use may be granted on any lot without a finding by the~City Council in addition to other findings required by law, that an improvement district has been formed which will provide for the financing of the improvements necessary to bring all public improvements, on and off-site, to full City standards and specifications applicable at the time of such rezoning or that said improvements have otherwise been provided. This restriction shall be made a part of the C.C.&R'S required by Section 21.09'. 170. SECTION 5: That Title 21, Chapter 21.42 of the Carlsbad Municipal Code is hereby amended by the amendment of Section 21.42.010 to read as follows: (8) R-E. R-A, R-l, R-2, R-3, R-P, RD-M, and P-C Zones. 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 one in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at an adjourned regular meeting of the Carlsbad. City Council held on the ' ; day of ' , 1978, and thereafter XXX .9 1 2 3 4 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED1 AND ADOPTED at a regular meeting of ,said Council held on the day of , 1978, by the following vote. to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E; ADAMS, City Clerk (SEAL) 10 DRAFT ORDINANCE EXHIBIT "D" - 3/8/78 ORDINANCE NO. 2 5 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE ZONING REGULATIONS BY ADDING THE RURAL- RESIDENTIAL ESTATE ZONE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by adding Section 21.04.065 to read as follows: "21.04.065 Building Height. The height of a building or structure, shall be measured as the greatest vertical distance along a line between the highest point of the coping of a flat roof or to the highest point of a mansard roof or to the average height of the highest gable of a pitched or hipped roof and finished grade at any point adjacent to, or five feet out from any building wall (or at the property line, whichever first occurs), whichever is lower in elevation. Provided, however, that for parcels which slope downward from a dedicated public right-of-way, whenever the natural grade elevation difference between the average elevation of the grade along the front yard setback line and the average elevation of the grade along the rear most building or structure wall exceeds a slope of 2:1, (one foot vertical rise in 2 feet of horizontal distance), the building or structure height may be measured vertically along the rearmost building or structure wall, rather than five feet out from the wall In the cases where retaining walls or fill grading are utilized to create finished grade higher in elevation than pre-existing grade, then pre-existing grade shall be used in the determination of building or structure height. Pre- existing grade is defined as the ground level elevation which existed prior to any site preparation related to, or to be incorporated into, the proposed new development or alteration. SECTION 2: Title 21, Chapter 21.05 of the Carlsbad Municipal Code is amended by adding Section 21.05.020 to read as follows: "R-E Rural Residential Estate" SECTION 3: Title 21, Chapter 21.05 of the Carlsbad Municipal Code is amended by the amendment of Section 21.05.020(3) to read as follows: "(3). Uses permitted in the R-A Zone, the 0-S Zone, the E-A Zone and the R-E Zone shall be considered to be as restrictive as those permitted in the R-l Zone, except that those uses pertaining to animals shall be considered as "more restrictive uses" for purposes of this section." 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 SECTION 4. Title 21 of the Carlsbad Municipal Code is hereby amended by the addition of Chapter 21.09 to read as follows: Chapter 21.09 R-E RuraI Residential Estate "21.09.010 Intent and Purpose. The intent of the R-E Zone is to provide area w+*h-a-f=Hf!a-l—a=t=mespbeFe7-w+tb in harmony with the naturala residentia terra in and wild ife Where feasible or desirable there are to be large open setting. Theareas between structures, large yards, and areas left in a natural zone shall be limited to single family development with incidental and com- patible agricultural uses. The-s+2e-e£-*he-dwe44-t-R§-HR44s-aFe-=l:e-be-Fe4-ated tft—pF©peF-sea-l-e-4©-:l:Re"l-aF§e-yaFds-aRd-4-e:l:s. Public facilities shall be sufficient to provide for convenience and safety, but need not meet full City standards. "21.09.020 Permitted Uses. In an R-E Zone, the following uses only are permitted as hereinafter specifically provided and allowed by this chapter subject to the provisions of this chapter, and to the development standards provided in Chapter 21.41 and 21.44. (1) One one-family dwelling unit per lot. (2) Grazing of ruminant animals provided that there is a minimum of 10 acres of land used exclusively for such grazing and the number of horses and cattle does not exceed 4 per acre, or small animals such as goats and sheep does not exceed 12 per acre. • For 'Comb.ini ng of animals, one large animal is equivalent to 3 small animals. (3) Crop production. (4) Floriculture. "21.09.030 Accessory Uses. If a one-family dwelling unit exists on a lot, the following accessory uses are permitted on such lot: (1) Ordinary household pets, including but not limited to dogs and cats. Not more than two adult dogs and two adult cats are permitted for each dwelling unit together with offspring under four months of age. (2) Horses and other grazing animals provided that such animal shall not exceed fw© one for each aet=e-©4-+and 20,000 square feet of land specifically designated for such animal. (3) Youth farm projects that are sponsored by nonprofit organizations such as 4-H. (4) Barns, private garages, playhouses, windmills, silos, radio and television receiving antennas, stables, and such other as are required for the conduct of uses permitted by this section. .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 (5) Greenhouses less than two-thousand square feet, provided all requirements for yard setback and height are met. (6) Poultry, rabbits, chinchillas and other small animals provided that all such animals shall at all times be confined to an enclosure, and that not more than 25 of any one animal or combination of such animals may be maintained at any time on any single lot. (7) Maintaining mail address for commercial and business license purposes only, provided no stock in trade, supplies, professional equipment, apparatus or business equipment except such as are accessory to a permitted use .are kept on the premises, and provided that no employees or assistants are engaged for services on the premises except in connection with uses specifically listed as permissable in this section, provided further, that no more than one motor vehicle may contain equipment, tools and stock in trade maintained therein provided such tools and equipment are not used for the performance of services upon the premises and the stock in trade is not sold from the premises. "21.09.040 Use and Structures Permitted by Conditional Use Permit. Subject to the provisions of Chapter 21.50, the following uses and structures are permitted by the issuance of a Conditional Use Permit: (1) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, Residential Zone, or from any dwelling or place of human habitation other than that,occupied by the owner or caretaker of the apiary. (2) Commercial stables and/or horse-boarding facilities. (3) Greenhouse greater than two-thousand square feet, provided all requirements for yard setbacks and height are met. (4) Nurseries, both wholesale and retail. (5) Poultry, rabbits, chinchillas, and other small animals in excess of 25 of any one animal or combination of such animals. (6) Produce stands, for the sale of products raised on the site. "21.09.050 Conduct of Use. Storage of all equipment, supplies, and recreation vehicles shall be within enclosed buildings or shielded from view from public streets or easements by landscape barrier or other methods. "21.09.060 District Requirement. The R-E Zone shall not be applied to any area of less than 10 acres of contiguous land. Property separated by a public street shall be considered contiguous if more than 100' of frontage is on direct opposite sides of the street. "21.09.070 Bui Iding Height. No building in the R-E Zone shall exceed a height of 35 feet. 28 .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 "21.09.080 yard which has a depth not ci rcumstances: Front Yard. Every lot in the R-E Zone shall have a front ess than seventy feet except for the following (1) Fences of wood or wood and masonry combination, chain link or equal quality, up to five feet in height provided the fence is at least 50 percent open and permitted within 10 feet of the front property Iine. (2) Roofed shelter for animals open on at least three sides may be placed up to 20 feet from street property line. (3) The Planning Commission may approve the location of dwellings and garages up to 20 feet from the street property line if the difference in elevation of the required front yard setback line and the center line of the street exceed 15 feet. Application for such reduction in required front yard setback shall be made by Site Development Plan as per Chapter 21.06 of this code. "21.09.090 Side Yard. In an R-E Zone an interior side and street side yard shall not be yard less shaI I not than 50 be less than 15 feet in width feet in width. The Planning Commission may approve the location of dwellings and garages up to 20 feet from the street side yard property line if the difference in elevation of the required street side yard setback line and the center line of the street exceeds 10 feet. Application for such reduction in required street side yard setback shall be made by Site Development Plan as per Chapter 21.06 of this code. "21.09.100 Placement of Buildings. Placement of buildings on any lot shall conform to the following: (1) No building shall occupy any portion of a required yard. (2) Any building, any portion of which is used for human habitation, shall observe a distance from any rear property line the equivalent of twice the required interior side yard. (3) The distance between buildings used for human habitation and detached accessory buildings shall not be less than 10 feet. (4)domestic animals provided for in this chapter I other provisions of law governing same, and coop, stable or barn shall be erected within 40 feet of [ding used for human habitation or 25 feet from any property The keep i ng of all shaI I conform to a no pen, any bui I i ne. (5) XXX XXX Permits for dwelling units to be located further than 500 feet from a fire hydrant shall be subject to individual determination by the Fire Department, which may require the installation of additional safety equipment, including the requirement for additional hydrants or stand pipes. .4 "21.09.110 Minimum Lot Area. :Fhe-ffl+R+mtim-4-e:l:-aFea-+s-twe-a6t=es-j--heweveF , =l=he-G-t-4ry-Getme44- 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 (I ) The-avei=a§e— t-e+-af=ea-©£-tfie-sttbd+v+s+eR— t-s- (2 ) Ne-f ef--ffi-f he-sttbdfv+s-t-©R-sha++-be-+ess- ( 3 ) Ne-meFe-*RaR-§9$-e*-4:Re--l-e4:s-af:e-4es (4) Eaeh-+e+-©-f-+he-sttbdtvtsten— fs-bttt+dab+e-wt+h-ttsab-t-e-aeeess-wf+hetif "21.09.110 Minimum Lot Area. The minimum required area of a lot in the R-E Zone shall be determined by average natural slope of the property. In no case however, shall a lot be created with less area than one acre. The determination of lot area is as follows: (I) Lot Area Average Natural Slope 0 to 12.! Minimum Lot Size acre 12.5% to 207o 20% -to 25$ Over 25% 2 acres 5 acres 4 acres (2) Computing average natural slope at time of subdivision, the sub- division map shall indicate the boundaries of each lot and the natural slope of each lot. To calculate average natural slope, the subdivision map shall be drawn to an appropriate scale (not greater than one inch equals 200 feet) and contain contour intervals not greater than 5 feet. Computation of the average natural slope shall be done using the following formula: S = 0.00229 X I X L A Where S = Average natural slope in percent l_ = Contour interval in feet J_ = Length of contour in feet A_ = Acres of area being measured 0.00229 = Constant which converts square feet into acres and expresses slope in percent. The average natural slope sha I I be certified by a registerd Civil Engineer. "21.09.120 Lot Width. (1) In the R-E Zone, every lot created shall have a minimum of lot width of 100 feet. (2) The City Council for major subdivisions or minor subdivisions on appeal and Planning Commission for minor subdivisions may approve panhandle or flagshaped lots where the lot area width and yards shall be measured as follows: 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 (A) The buildable portion of the lot which is the total area minus that portion containing the drive approach (.handle) shall meet the minimum area requirement of the R-E Zone. (B) The width requirement for the buildable portion of the lot shall be as required for lots in the zone district. (C) The yard requirements of the zone district shall be met except that front yard setbacks may be reduced to 30 feet. (D) The minimum width of the access portion shall be twenty-four 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 15 feet, provided a joint easement ensuring common access of a minimum width of 30 feet to both such portions is recorded. (E) 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 14 feet wide for single lots and 20 feet wide when serving more than one lot. The minimum overhead clearance shall be 10 feet. The driveway shall be constructed of two inch thick asphalt concrete paving on proper base with rolled edges. (F) Each lot shall have at least 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. This parking and access arrangement shall be designated to the satisfaction of the Planning Director. (G) Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, gates, trash enclosures, landscape containers and nameplates. Except for mailboxes, 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. (H) 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. "21.09.130 Lot Coverage. All buildings including accessory buildings excluding greenhouses, shall not cover more than 20 percentand structures, of the area of the lot. "21.09.140 Parking. Notwithstanding parking requirements of Chapter 21.44 not less than two off-street parking spaces shall be provided for each residence. The required two spaces shall be covered by a garage or carport, and the driveway adequately paved with either concrete or asphalt cement prepared over adequate base. .6 11 "21.09.150 Subdivision of Land in the R-E Zone. Proposed subdivision of land in the R-E Zone shall be subject to a44-pr©vts4©ns-©-f-+he-stibd4v4st©n the follow!ng : 1I) Proposed subdivisions shall be subject to all provisions of the City's A subdivision regulations (Title 20) except as specified in Section 21.09.160 of this chapter. 5 (2) In addition the City will review the tentative map for compliance with 6 the intent of the R-E Zone. The review will seek to insure the following: a) Preservation of the rural and natural characteristics of the area within the R-E Zone. 8 b) That the orientation of improvements on the individual sites relate with the natural topography. 10 c^ The property lines are designed in keeping with the terrain by following drainage courses, ridge lines, and tops of graded slopes wherever practicle. 12 Grading to be minimized but where grading is necessary it is to blend with the natural topography wherever practicle. 13 e) Favorable features of the individual sites (i.e, mature trees and 14 other significant vegetation, rock outcroppings, mounds, view, etc) can be preserved and maximized. 15 f) The individual sites will have a desirable visual appearance from al 16 practical view points (adjoining developments, streets, trails, and other view corridors. 17 g) Each lot of the subdivision is buildable with usable access without •t Q undo alteration of the terrain. 19 (3) To facilitate this review the applicant shall submit a preliminary grading plan to the City with the tentative map. The preliminary grading plan shall 20 show existing topography, preliminary grading, drainage, drives, building pads, streets and trails. In addition, the preliminary grading plans shal 21 indicate all areas of mature trees and native perennial vegetation. 22 "21.09.160 Modifications of Public Improvements. All public facilities, dedications and improvements shall be required in accord with adopted ordinances, 23 policies and standards of the City of Carlsbad. However, as conditions of approval of a Tentative Subdivision Map, the City Council may modify certain 24 special public improvement standards provided the design of these modified improvements is related to the function, topography and needs of the area. pe I The specific improvements that can be modified are as follows:^o 25 (I) Street improvements and dedications for streets inside subdivisions are as follows: 27 (A) Right-of-way for streets, may be reduced provided that they not 2g be reduced less than .7 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 (B) Parking lane may be deleted on one side of streets. (0 (D) (E) Pavement width may be reduced on streets serving eight or less units to 28', parking one side, or 32' parking both sides as the City Council may determine. Pavement width may eight units to 30' as the City Counci be reduced on streets serving more than , parking one side, or 36' parking both sides I may determine. 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 request that drainage easements and/or drainage releases be made part of the Tract Map to insure proper drainage over private property. (F) 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. (G) The City Council shall have the option of requiring that street right-of-way shall be privately maintained under an association as hereinafter required, or may accept an offer of dedication. If privately owned, the streets shall be open to the public by easement. (2) Utilities and Services as follows: (A) Public sewer systems shall be required to serve lots in the R-E Zone unless specifically waived by City Council. Such waiver shall be conditioned on the installation of an alternative sewer disposal system permitted by this code and found to be feasible for each lot. The-defef=mtfia++ef!-ef-+he adeqttaey-ef-stteh-a+feFftafe-sysfeffl4s->-sha++-be-feased-eisi-€le+at+ed s©++-+esftR§-efi-eaeh-extsftflg-+©+-©f=-pi=ep©sed-+©t-©f-a-fei=ifattve map. The determination of the adequacy of such alternate system shall be based on a detailed soils testing on each existing lot or proposed lot of a tentative map or as otherwise provided for by the County Health Department. No land in an R-E Zone shall be subdivided without bonded pro- visions for a public sewer system, unless approved by the County Health Department and the City Engineer, and the public sewer requirement waived for R-E Zone subdivision of land, there shall be the requirement to prepare plans for a future public sewer system as a backup system. All easements required to construct such a backup public sewer system shall be required as a condition of final map recordation. XXX XXX ••>„• 1 2 (B) Overhead wiring for telephone and electric service may be permitted unless otherwise prohibited by Public Utility Commission regulations. These modifications to City improvement standards shall not relieve the subdivider from providing public facilities, dedications and improvements that provide services necessary for the welfare of the general public as required by the General Plan, applicable Specific Plans, or City ordinance or policies. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "21.09.170 Covenants, Conditions and Restrictions. The filing of a submittal of proposed privatetentative map in an R-E Zone shall include the deed covenants, conditions and restrictions. As a minimum these documents shall include the following provisions ; A) Lots in the R-E Zone may not be resubdivided; B) Minimum floor area for dwelling units shall be included; C) Maintenance of private property including private streets, pedestrian and equestrian trails and open areas are to be in a manner consistent with the purposes of this zone shall be included. Such documentation shall make the City of Carlsbad as party and provided that they may not be amended without the approval of the City Council. The C.C.&R'S must be approved by the City Counci I be recorded. prior to approval of the final map, and they must "21.09.180 Findings Required for Rezoning or Resubdivisi on to a More Intensive Use. Once a R-E Zone has been adopted, and subdivisions have occurred under the above provisions, no rezoning or resubdivision to a more intensive use may be granted on any lot without a finding by the City Council in addition to all other findings required by law, that an improvement district has been formed which will provide for the financing of the improvements necessary to bring all public improvements, on and off-site, to full City standards and specifications applicable at the time of such rezoning or that said improvements have otherwise been provided. This restriction shall be made a part of the C.C.&R'S required by Section 21.09.170. SECTION 5: That Title 21, Chapter 21.42 of the Carlsbad Municipal Code is hereby amended by the amendment of Section 21.42.010 to read as follows: (8) R-E. R-A, R-l, R-2, R-3, R-P, RD-M, and P-C Zones. 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 one in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at an adjourned regular meeting of the Carlsbad City Council held on the thereafter day of .9 1978, and V- 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 PASSED AND ADOPTED at a regular meeting of said Council held on the day of , 1978, by the fol lowing vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) . 10 PLANNING COMMI JANUARY 25, PAGE 5 N MEETING Mr. John Grant, 4056 Skyline, said he was not speaking, specifically against' the application but wished to raise concern that he had as a property owner of development in the immediate area. He, felt that a tourist driving down ' Elm and seeing a service station that was not a service - 6tat;ibn would feel that there was an economic liability in the area and that it was necessary to handle drycleaninq in conjunction with the service station to sustain an economic viability. He questioned that the existence of a laundry and drycleaning facility together in one portion with oil and gasoline in the other portion presented sometl that might be considered below the dignity of what we are trying to do in the City. Commissioner Jose stated that the filling station went into business prior to conditional use permits being requii so that there is no CUP on that filling station which means that use cannot be expanded either in its intensity of use or by buildings. Mr. Plender explained that the CUP is for expanding the use the service station. He said that a denial of this CUP would only deny the expansion of the service station to the dry cleaning establishment; that the existing use is law- fully existing. He explained that to add a new line of service or merchandise other than connected with service station operation would require a conditional use permit at any service station. •"' A motion was made to send CUP-147 to the City Attorney to determine if the CUP is legally required, and, if so, does the service station have to meet all service station requirements. The motion did not carry. Commissioners Larson and Jose felt that the matter should be returned to staff for a report that aims itself at the conditional use permit for the gas station. A motion was made to continue CUP-147 to February 8th Planning Commission meeting for the purpose of having both staff and the City Attorney review the conditional use permit as to its appropriateness .of the action of bringing it before the Commission. NEW BUSINESS ing ed of MOTION AYES NOES ABSTAIN ABSENT (5) Resolution of Intention No..161 - Q overlay on M zoned property on east side of El Camino Real north of Palomar Airport Road. Mr. Bud Plender gave the staff report. A motion was made to approve the Resolution of Intention No. 161 to hold a public hearing for a Q overlay on M zoned property on the east side of El Camino REal north of Palomar Airport Road. P5> Cas^No. ZCA-86, City of- Carlsbad - Residential Estate Zone report to City Council. Mr. Bud Plender gave the staff presentation. In answer to Commissioner L'Heureux's question regarding percolation testing for septic tanks, Mr. Tim Flanagan, City Engineer, said that in general in most subdivisions all lots are tested at the final map stage; 40% would be required at the tentative map stage. In answer to the basic question as to whether or not two acre zoning would MOTION AYES ABSTAIN ABSENT MOTION AYES ABSENT X X PLANNING COMMISSION MEETING JANUARY 25, 13?«*S PAGE 6 f x re require more public facilities than one acre lots,' Mr. Flanagan stated that the street system would not require extra lanes of roadway. He said the additional demand 'for water for fire protection is not significant as the water system is the same for one acre as it is for two. iaeptic systems would not be much different down to the 15,000 sq. ft. lots. Gas .and electricity would not reflect a significant change. The items that may change would be street lighting, traffic lighting when vehicles a up to 500 a day. Commissioner Jose stated that he felt that on two and a half acres one should be granted the opportunity of having •more than two dogs and two cats. Messrs. Bud Plender and Mike Zander showed slides of rural areas where the zoning was from one-half acre upward Mr. Robert Sonneborn took exception to some of the areas shown by staff as not being good examples of a one acre rural subdivision and asked the Planning Commissioners to examine certain areas of rural subdivisions such as Gre Valley, Sun Valley and Monticello which he felt were excellent examples. He said that the Dawsons had sold their 230 acres to a subdivider on the -other side of Toots e K for development of not larger than one-half acre parcels with some at 7,500 .sq. ft.^.lots and that there were 10,000 sq. ft. lot developments on the other side with two and one - half acre zoning on the third side which he said was a landlocked area without roads. He said he did not feel the Tootsie K should be impuned because of the one area of two and a half acre zoning. Mr. Sonneborn said he was talking about a zoning ordinance that the people of Carlsbad were going to use. Mr. Sonneborn said the EIR was predicated throughout on the basis that for the 187 acre Tootsie K there would be 187 lots of one acres if that was passed. He said the most the could possibly get out of that would be 120 lots. He does not feel there is a viable mark|e for two acre minimums in the rural area. He does not want to be tied to a lot averaging of 50%. He said he was asking the Planning Commissioners to agree with City Council that one acre minimum should be used for rural type residential subdivision. Mrs. Russell Grosse, 5850 Sunny Creek, stated that they are interested in the development of two acre lot minimums and pointed out that the 250 acres represented by the petit that she had turned in plus the 187 acres of the Tootsie K represented a sizeable piece of land to develop in a rural atmosphere. She said she did not agree with Mr. Sonneborn' definition of "rural." .Based on two acre zoning she said there would be 50 homes on one acre sites and 45 on two or more acre sites and that it would include the 35 acre buffe zone in averaging. Patricia Collum, Campus Community Planner, 2085 Linda Lane, Carlsbad, stated that the Agua Hedionda Creek is unique in California. She said the University has tried to protec that portion of the creek. While she said she could not comment on the economic viability of two acre lot zoning, she felt that if there was any place in the county deservin of two acre lot zoning, she felt that this had to be it. Commissioner L'Heureux stated that one of the benefits for large rural types of subdivisions is the possibility of continued agricultural use on some of it. He felt that the topography should be used as a guide and that the averaging viability would not be known until the Commissioners had a PLANNING COMM/""a%N MEETING JANUARY 25, PAGE 7 subdivision before them since one development might be" hilly and one on flat ground. He illustrated that in one , area the one acre would be fine but in another three acres might be required. He'felt there should be as much flexib as possible to accommodate all types of situations that ' are unknown. He noted that CCSR's such as those used in Rancho Santa Fe provide more restriction than the zoninq does. Comcdssioner Woodward agreed. Chairman Rombotis said he had looked at rural subdivisions • and felt that the quality ones did not relate to lot size He was not happy with the staff recommendation. _Mrs. Grosse said that as far -as the Tootsie K is concerned the percolation tests will restrict the development even or an average of two acres because of the soil in the general area. Commissioner Jose said there was a need for a policy statement of what the Commission was trying to achieve as he could not see any point of having an ordinance nobody would want to use. He felt that there were people in San Diego County and people who would move here because of the two and one-half acre minimum. He said he could also . see that a one acre ^wpuld ,be appropriate. Commissioner Woodward stated she liked Monticello because of the rolling hills, no fences, houses at different levels and noted that they did have speed bumps in the road to slow traffic. Commissioner L'Heureux^said he felt that minimum lot size and the averaging concept were all right but the question is the numbers involved. Chairman Rombotis said he was comfortable with one acre minimum and liked the averaging concept, but did not know at this time what the average should be. Commissioner L'Heureux said he would like to see heavy grading, cutting and filling avoided, which might mean a four or five acre parcel but then the developer would get the credit to be able to use the flatter land that will take less grading and fill. Mrs. Grosse suggested lot averaging with no minimum to avoid unnecessary grading. . ;,_ - • Commissioner Fikes stated that a definition of "rural concept" required clarification. The rural concept should be the guiding line rather than the lot sizes. Mr. Plender clarified that the zone was Residential Estate and that rural was a term used to describe the intent. Patricia Collum suggested that the zone be called HRE which would be applicable only where there are hillsides with a certain slope. A motion was made to adjourn ZCA-86 to a workshop meeting at 7 P.M. on February 15, 1978 for the purpose of clarifying what is meant by "estate" and the concept of rural that they are trying to achieve, and incorporating that statement into their recommendation to City Council. Staff is to noti the City Council of this action. tlity MOTION AYES . ABSENT ADJOURNED PLANNING COMMISSION MEETING > FEBRUARY 15, CITY COUNCIL PAGE 1 CALL TO ORDER - The. meeting was called to order at 7:05 P.M. ROLL CALL 1 ' " ** PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A motion was made to incorporate Commissioner Jose's remarks concerning Case No. CUP-147 into the January 25, 1978 Planning Commission Minutes as follows: "Commissioner Jose stated that he would like to carry Commissioner Woodward's comments further. He stated that traffic would be using the ingress and egress facilities of the service station and that it is one of the worst traffic congestion spots in the City of Carlsbad- He said that if this is going to be a pick up and drop off operation, it will add to traffic. He mentioned that there was no period of review. He felt that it was going to generate a much bigger problem than we now have there. NEW BUSINESS (1) 2CA-86 Residential Estates - Report back to City Council Mr. Bud Plender, Assistant Planning Director, gave the staff presentation. He showed a series of slides of the rural and estate developments in the general area. The Commissioners determined that the reasons the City Counci had sent this back to the Planning Commission was for the purpose of review of a one acre minimum with no averaging. Commissioner Fikes was concerned about septicity and the concept of water conservation. He recommended a study on the possible amount of water Carlsbad will receive in the near future, how much would be going into reclamation and at what point will the developers be required to do reclamation. As the water flows from the leech line at the end of the septic system into the soil, how far must it go be it is usable for: 1) watering plant life, 2) use' by animals (including humans), and 3) for the total purpose of clean water. He stated this may or may not have something to do with the size of the lot, but answers to these questions may determine the zoning. Mr. Don Rose, Associate Planner, illustrated examples of lot size based on average slope by using the formula stated in the staff report as an alternative method of determining lot sizes. Commissioner Rombotis wanted further proof that this system would provide the best utilization of the land, and would like staff to show how the formula was created. One of the problems he envisions is that the formula will not guarantee good lot design and the staff and Commission will still have to work on future subdivision designs so that lots will follow natural demarcations such as valleys and ridge tops. The Commissioners discussed the fire hazards involved with the rural lots over one acre which would have natural vegetation as compared to the probability of manicured lots of one acre in size. Fire retardant roofs would be necessary for the buildings and fire retardant type of vegetation would be required around the house. Although it probably would not require more fire stations, it might require additional fire personnel. Mr. Lefty Anear, retired PRESENT MOTION AYES ABSTAIN ore ADJOURNED PLANNING COMMISSION MEETING , FEBRUARY 15, PAGE 2 Pire Chief, reported that the Fire Prevention Ordinance has a provision that so many feet of clearance of combustible Vegetation at a certain height must be maintained about - houses in settings with natural vegetation. The expense is to the homeowner for maintenance. Mr.' Robert Sonneborn said he was happy that a rational solution to the problem seemed to be near. He said it is up to the Commission to decide whether they want to make it a residential estate or a rural estate zoning. He stated he has not seen a rural estate and does not consider Rancho Santa Fe one with its one acre minimum zoning and architects control on approximately 4,000 acres which he felt placed that development in a different category. Mr. Sonneborn felt the Commission should keep in mind that this zone was for all of Carlsbad, not just the Tootsie K; in fact the Tootsie K may not be interested in the zoning the Commissioners agree to. He said he was basing his opinions on the market, good utilization of land and the fact that there is little land left in Carlsbad. „ He pointed out that there is very little flat land left in Carlsbad and if it is flat it will not be one acre zoning. The land surrounding the Tootsie K on one side is getting 3.6 units per acre for a 7,500 sq. ft. lot and the Kelly property on the other side has 10,000 sq. ft. lots. Mr. Sonneborn said the Tootsie K was a good location for residential estate zoning of one ac minimum and that the slopes will mandate the size of lots placed on them. It did not make sense to him to place a single house of approximately 3,000 sq. ft. on land greater than 1 acre. He said the City Engineer had expressed the opinion that one acre lots would require very little more over a two acre lot as far as City costs were concerned. He said he did not feel that the market could support the two acre minimum zone. Commissioner L'Heureux expressed interest in having the rural and residential concepts combined in the same zone maintaining as much flexibility as possible. Mrs. Russell Grosse would like to see lower density and felt it possibly would be economical for the developer if the on site improvement costs were lower. Mr. Tim Flanagan, City Engineer, said the roads would have to meet City standards as to construction, but kind and design of improvements are lowered in this zone. Mr. B. Cantarini, owner of 140 acres just west of the Tootsie K, said after hearing all of the discussion he felt that Mr. Sonneborn ha s a.good idea. He agreed with him on all points. ' Mr. Russell Grosse stated he was in favor of reducing the cost of development in exchange for getting a lower density. He defined a rural area as one basically where utilization of the land other than that occupied by house and garage was for purposes other than those having aesthetic value., i.e., a small grove or barn, etc. He does not feel one acre does that as it takes that much land for house, garage, pools, tennis courts and manicured lawn areas. A different image is established at the two acre plus level. He would like to see a two acre minimum but with the provision that City Council can approve less than that based on findings by City Council that the area is compatible for both rural (2 acres plus) and residential estate (1 acre) lots together. He felt that it must be up to the developer to establish that he has a piece of property which warrants benefits obtained by a one acre minimum, i.e., that the ground has characteristi ADJOUFSIED PLANNING^COMMJSSION MEETING FEBRUARY 15, PAGE 3 of both the estate and rural atmosphere. He does not feel that the slope density formula should be the only alternative that the City Council can apply. He felt in answer to Commission Yerktes question as to what should the * City Council use as a guideline that they should be able to 'use subjective methods of envisioning houses sitting .next to houses. Commissioner Yerkes felt the City must have objective points rather than subjective points in determining the density. In order to be fair and equal, City Council and Planning Commission would want to be as objective as possible. Ms. Pat Collum complimented staff on the job they had done. She said the City has to decide what kind of zone that they want. She personally would like a two acre minimum in the area. Commissioner Larson said he liked averaging. Although he was not against one acre minimum he felt that based on the discussion there were probably not many parcels left where the slopes of the land would permit one acre using the slope guide and that possibly development would be a two acre average. Commissioner Woodward said she liked the staff report and was in agreement with it. Commissioner L'Heureux felt it would be helpful to come up with a new name as Residential Estate Zone was misleading. Rural Estate Zone was suggested as a name. Commissioner L'Heureux believes that rural and residential estates could be compatible in the same general area. He suggested that a manual outside of the ordinance would be useful in setting down some of the items the Commission would look for such as concepts of uniform tree planting throughout a district, etc. He felt this might eliminate a zone code amendment in the future. He also suggested to staff that they look at the item of barnyard animals in an estate zone. Commissioner Yerkes felt that the intent and purpose of the ordinance should be rewritten to clarify that this is to be a zone of rural and estate development based on slopes and natural terrain.. Commissioner Jose said he was comfortable with the items discussed and agrees that 21.09.150 should be included in the ordinance. In his opinion the" Commmission was close to arriving at what past Commissions were, looking for in this particular zone. Chairman Rombotis requested staff to include in the ordinance the items discussed and bring it back to the next Planning Commission meeting. Meeting adjourned at 9:15 P.M.' '"""vTTT PLANNING CITY LIBRARY PAGE 3 MARCH 8, 1978 f*"*^"-»yr«Tr»r MEETING (4) Case No. CUP-148, Circus Vargas - Request for a - Conditional Use Permit for a three day circus locate approximately 33 acres on the north side of Marron Road between Jefferson Street and Plaza Camino " Real. ;Mr. Don Rose in presenting the staff report said that •staff was recommending denial because the site had too many problems. Mr. John Lyons, 11 Ivy, Pittsburgh, Pa., applicant said he agreed with the staff recommendation after going out • and trying to walk through the mud. He requested more time to work out the problem. He recognized that the improvements would cost approximately $6,000 and there was still the danger that it might rain hard during the circus activity which would make the situation impossible Mr. Plender explained that, a new site would require a new application for CUP because the CUP is on the site, not on the use and that a new negative declaration would be required as well as a new public notice. A motion was made to deny CUP-148 based on the findings in the staff report with the request to staff that shoulc Circus Vargas locate a suitable site that staff arrange a special'Planning Commission meeting as well as transfer! the fees from CUP-148 to the new application. Resolutionri • «•»•• OLD BUSINESS ITEMS fS^ ZCft 86, Residential Estate Zone A motion was made to send the report ZCA 86 together with Draft Ordinance, Exhibit "C" with the following changes to City Council: Page 2, Line 15 - should read "such as goats and sheep does not exceed 12 per acre..." Page 5, Line 6 (4) Add "Each lot of the subdivision is buildable and usable access without undo alteratici of the terrain" to Page 7 as Condition (2) g. Page 7, Insert condition (2) g as stated above/ Page 9, Line 1 - correct (B) to read that all wiring for telephone and electric service shall be underground Line 3, change "receive" to "relieve." Line 10, after,streets add "equestrian and pedestrian trails, open spaces and recreation areas." Line 15 should' read "in addition to all other findings required by law..." NEW BUSINESS (6) Street Vacation, portion of Jefferson Street A motion was made to continue this item until March 22, 1978 (7) Applicant Disclosure Form A motion was made to approve the applicant disclosure form with the corrections suggested by Commissioner L'Heureux. Corrected copy is attached. Meeting adjourned at 8:45 P.M. MOTION AYES ABSENT ng 439. MOTION AYES ABSENT MOTION AYES ABSENT MOTION AYES ABSENT X X