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HomeMy WebLinkAbout1978-08-01; City Council; 5519; Lot Width for Reversed Pie-shaped Lotsc CITY OF "RLSBAD ' % Initial: AGENDA BILL NO. Sf/? DATE: August 1, 1978 DEPARTMENT: PLANNING Dept. Hd. City Atty City Mgr. j&y- — \jr£> isj SUBJECT: Determination of lot width for reversed pie-shaped lots. Case No: ZCA-87 (Public Hearing) STATEMENT OF THE MATTER The purpose of this proposed amendment is to incorporate into the Carlsbad Zone Code a formula to determine the side yard setbacks for reversed pie-shaped lots. The present code requires that the side yards in most residential . zones be 10% of the width of the lot, and the width of the lot is the length of the front yard setback line. For rectangular lots and regular pie-shaped lots this is no problem since the width of the lot behind the front yard setback line is either equal to or greater than the width at the setback. However, in reversed pie-shaped lots, the opposite is true because the lot narrows towards the rear. This forms a hardship for the siting of a building since a relatively large side yard setback is required even though the lot diminishes in width. Recognizing this problem the Planning Commission adopted a formula per Policy No. 12 that states that the lot width for reversed pie-shaped lots is the average width of the lot. However, the policy was only an interim measure • to be used prior to the adoption of a code amendment. ZCA-87 is this code amendment that places the Planning Commission policy in ordinance form. The Planning Commission has recommended that ZCA-87 be adopted. Exhibits .Planning Commission Resolution No. 1450 Staff Report dated June 28, 1978 Plat Map Recommendation It is recommended that the City Council direct the City Attorney to prepare the documents APPROVING ZCA-87 as per Planning Commission Resolution No. 1450. Council action 8-1-78 Following the public hearing the City Attorney was directed to prepare the documents necessary for approval of ZCA-87 in accordance with Planning Commission Resolution No. 1450. FORM PLANNING 73 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 PLANNING COMMISSION RESOLUTION NO. 1450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO THE DEFINITION OF "LOT WIDTH" FOR REVERSED, PIE-SHAPED LOTS. CASE NO. ZCA-87 APPLICANT: City of Carlsbad WHEREAS, the Carlsbad City Council directed the Planning Commission to conduct a public hearing to consider a Zone Code Amendment pertaining to ths definition of "lot width" for reversed, pie-shaped lots; and WHEREAS, the Planning Commission did hold a duly noticed Public Hearing as prescribed by law on June 8, June 14, and June 28, 1978, to consider the subject amendment; and "~ WHEREAS, as a result of said hearings, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Zone Code Amendment and found the following facts and reasons to exist: 1. The geometric shape of a lot in a residential zone may be such so as to make impractical, a literal application of the present method for determining required yards. 2. The Planning Commission has the authority under Section 21.46.060 of the Carlsbad Municipal Code to adopt a formula for modifying yard requirements in all residential zones on lots with unique circumstances 3. The change will promote the implementation of the General Plan giving flexibility in design to meet varied circumstances. 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 27 28 c NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Planning Commission of the City of Carlsbad, that it does recommend approval to the City Council of an amendment to Title 21, Chapter 21.04, of the Carlsbad Municipal Code, Section 21.03.265 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 classi- fications 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. All lots located on the inside of a curve of a public street whose rear line is at least twenty (20) feet less in length than the front property line shall have their lot width calculated, for the purpose of cxmputing required sideyard setbacks, using the average width, of the lot." PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on July 12, 1978, by the following vote, to wit: AYES: Rombotis, L'Heureux, Woodward, Schick, Larson, Wrench NOES: None ABSTAIN: None ABSENT: Jose ATTEST: S, Chairman -2- "X STAFF REPORT . ' DATE: June 28, 1978 • TO: Planning Commission PROM: Planning Department CASE NO.: ZCA-87 REQUEST: Zone Code Amendment Pertaining to the Definition of "Lot Width" for Reversed, Pie-Shaped Lots. APPLICANT: City of Carlsbad BACKGROUND - . History and Related Cases On June 8, 1977, the Planning Commission adopted Resolution No. 1373 and Resolution of Intention No. 187 pertaining to determination of side yard setback requirements on reversed pie-shaped lots. The Commission thereby adopted Policy No. 12, establishing a formula to determine the side yard setback on these lots, and ..declared its intent to hold a public hearing considering an amendment to Section 21.04.265 of the Carlsbad Zone Code per- taining to the definition of "lot width" for reversed pie-shaped lots. Resolution No. 1373 also provided that Policy No. 12 would become null and void once the City Council adopted a Zone Code Amendment incorporating the formula into the City Zoning Ordinance. The proposed ZCA is in response to the Planning Commission Resolution of Intention and would void Policy No. 12 if adopted by Council. Environmental Impact Information A Declaration of Negative (Non-significant) Environmental Effect has been issued for the following reason: The project is administrative in nature and will have a minimal impact on the physical environment. DISCUSSION • ; • 3r The purpose of "^.--proposed amendment is t?fir incorporate into ' the Carlsbad Zone Code a formula to determine the side yard set- backs for reversed, pie-shaped lots. The Planning Commission established this formula last year/ as Polity No. 12, with the condition that it would become null and void when adopted by the City Council as part of a ZCA. The side yard setback requirements for development in most « residential zones is determined by the width of the lot. Pre- sently, the Zone Code defines "lot width" as the horizontal distance of the line constituting the- required front yard set- back. For most residential zones, the front yard setback is 20 feet, so in most cases the lot width is determined at the 20 foot setback line. In the case of reversed, pie-shaped lots, those widest at the front and narrowest at the rear, appli- cation of the standard lot width definition requires side yard setbacks that substantially reduces the buildable area toward the rear of the lot. The formula adopted by the Planning Commission as Policy No. 12. requires the lot width for reversed, pie-shaped lots be calculated for the purpose of computing required side yard setbacks as the average width of the lot. This formula would apply only to lots located on the inside of a curve or a public street, whose rear property line is at least twenty (20) feet less than the front property line. The proposed Zone Code Amendment will amend Section 21.04.265 of the Definitions Chapter of the Code, as stated in the attached Ordinance Exhibit A. Essentially, the change is the addition of the previously discussed formula pertaining to reversed, pie- - shaped lots. If approved by the Planning Commission and ulti- mately the City Council, this ZCA will render Commission Policy No. 12 null and void. RECOMMENDATION Staff recommends that ZCA-87 be APPROVED as set forth in Exhibit «. A, attached, for the following reasons: 1. The geometric shape of a lot in a residential zone may be such as to make impractical, a literal application of the present method for determining required yards. 2. The Planning Commission has the authority under Section 21.46.060 of the Carlsbad' Municipal Code to adopt a formula for modifying yard requirements in all residential zones on lots with unique circumstances. 3. The change will promote the implementation of the General Plan by giving flexibility in design to meet varied circum- stances. DA:sb . Attachment: Exhibit A 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 : EXHIBIT A May 10, 1978 » AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.04.265 PERTAINING TO THE DEFINITION OF "LOT WIDTH" FOR REVERSED, PIE-SHAPED LOTS. The City Council of the City of Carlsbad, California, does ordain as follows: . SECTION 1: That 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. All lots located on the inside of a curve of a public street whose rear property line is at least twenty (20) feet less in length than the front property line shall have their lot width calculated, for the purpose of computing re- quired sideyard setbacks, using the average width of~ the lot." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the.City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of , 1978 and thereafter /*• - "N^ > 4 5 6 7 8 9 10 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 City Council held on the to wit: day of , 1978 by the following vote, .2 f ~-' v- ,-•••'' '*»w»».e« "»f"* //'?''* S .. ;7,-':,. -'••'- ^7l?-"-^'l' • •"'•'• ?^r7"~??"^-''" '. ^7 -// 'l/'^Mz:ik-(i;^JW4-•£1W±*J'J&- '-...-. '• 1; - •;! .1 r )•• "i •'«&^- 2V-!:jJ/ ft) //