HomeMy WebLinkAbout1980-06-03; City Council; 6263; Setbacks for CondominiumsCITY OF CAKLSGAD ---
PLANNING
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SETBACKS FOR CONDOMINIUMS CASE NO: ZCA-121
SUBJECT :
STATEMENT Of: - THE M,4TTx?? ---
Section 21.47.130 of the Condominium Ordinance requires a 10' setback for habitable buildings from a private driveway and a 5' setback for parking structures and garages. The City Council, after approving two variances as described in the attached staff report, directed staff to review the present setback requirements with the intent of providing flexibility to the setback requirements.
Staff and the Planning Commission have reviewed the existing standards and have recommended a modification to reduce the required setback
of habitable structures from 10' to 5'. Certain intrusions may
overhang 2' into the required setback and balconies and eaves may extend to the edge of the driveway.
Both staff and .the Commission have recommended that the setbacks
not be reduced less than 5' because problems would be created .
restricting vehicle turn space and force pedestrians into the drive
* lanes.
Through staff review and Planning Commission hearing, all issues
on this matter have been satisfactorily resolved.
EXHIBITS 1. Planning Commission Resolution No. 1630
2. Staff Report dated May 14, 1980
3. Exhibit "A" dated April 9, 1980
. 4. Exhibit "B" dated 5/21/80 RECOP.IMENDATION The Planning staff and Planning Commission recommend that ZCA-121 be adopted and that the City Council APPROVE ZCA-121, per
Planning Commission Resolution No. 1630 and introduce Ordinance N0.75~& for adoption,
Council Action:
6-3-80 Council introduced Ordinance No. 9553, to provide for special setback considerations for condominiums.
6-17-80: Council adopted Ordihance 9553, providing special setback
considerations for condominiums.
STAFF REPORT
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DATE : May 14, 1980
TO : Plannhg Commission
FROM: 'Planning Department
RE: ZCA 121, SETBACKS FOR CONDOMINIUYS
Presently Section 21.47.130 of the Condominium Code requires
a ten foot setback for habitable buildings from a private
driveway and a minimum of five feet for covered parking.
This is to provide safety distance for automobile and service vehicles, space for pedestrian ways, landscaping and a buffer for noise. Driveways are normally twenty feet wide.
This means that there is to be a setback of thirty feet for
single loaded driveways (units on one side) and forty feet
for double loaded driveways (units on both sides). In many
cases this creates a design hardship for the many relatively narrow lots zoned for high density residential condominiums.
Earlier this year the City Council approved two variances
for building setbacks from driveways. One variance permitted a dwelling unit within one foot of the driveway. The other
variance was to permit a second floor unit over the garage
flush with the garage face.
* to intrude five feet into the required ten foot setback
After these approvals the City Council directed staff to
review regulations to provide reduced standards or flexibi-
lity to the regulations. Staff agrees that this setback has
caused design hardships in many cases and that.a reduced setback could accommodate pedestrian ways, landscape and buffer almost as well. Therefore staff is recommending that the condominium regulations be amended to reduce the setback
for all buildings from a driveway to five feet.
Staff does not, however, recommend that the setbacks be
reduced further than five feet as was the case in the above mentioned variances. Less than five feet would cause serious
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pmblems for vehicle turn space and force pedestrians into
the drive lanes. Also the decrease landscaped areas and
the impacts of noise would reduce the attractiveness and liveability of the units.
Staff considered some form of flexible setback regulations, but felt that it would lead to many disputes on judgment and also provide means to reduce setbacks to less than five
feet. All but one of the over fifty condominiums so far
approved could meet these new standards with little design
hardship.
Subsection (l)(B) is amended by simply reducing the required
setback from ten feet to five feet. Subsection (1) (D) is a new regulation that provides for certain intrusions into this setback, but not over the driveway.
RECOMMENDATION
It is recommended that the Plannins Commission adopt Resolution No. 1630, recommending APPROVAL of <ZCA-121 per Exhibit "A" dated April 9, 1980.
ATTACHMENT
Resolution No. 1630. with attached Exhibit "A" dated 4/9/80
BP : ar 4/17/80
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PLAIJNING COP.DIISSION RESOLUTION NO. 1630
A Rl3SOLUTION OF TEE PLANNING CO:.rlE.IISSION OF
THE CITY OF CARLSBAD, CALIFOMIA, wcomErmwi
APPROVAL OF A ZONE CODE AMENDT-lENT, AYIENDING
TITLE 21, CHAPTER 21.47, OF THE CP-RLSBAD
MUNICIPAL CODE BY THE AMENDY?NT OF SECTION 21.47.130 TO PROVIDE FOR SPECIAL SETBACK CONSIDEFATIONS FOR CONDOE4INIUIS
APPLICANT: CITY OF CAEUSBAD
CASE NO: ZCA- 12 1
WHEREAS, the Planning Commission did, on the 14th day of
May, 1930, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and consider,ng
all testimony and arguxents, if any, of all persons desiring
to be heard, said Commission considered all factors relating to
the Zone Code Amendment.
NOW, THEREFORE, BE IT EEREBY PXSOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZCA-121, according to Exhibit "A" dated April 9, 1980, attached hereto and made a part hereof, based 011 the following findings:
Fir-dings
1. The project will not cause any significant environmental impacts, and a 3eclaration of Negative Environmental Impact
has bee2 issue.< by the Planning Director on 4/24/80 ,
Loq No. 682 .
2. Reducing seth,zCk requirements from private driveways will
provide more flexibility in condominium design,
3. The proposed setback will permit space for proper vehicle turn radius, pedestrian ways, landscaping an2 kiffer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, Caiifornia, held on
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the 14th day of May, 1980, by the following vote, to wit:
AYES : Schick, Larson, Friestedt, Marcus, Leeds, Rombotis,
NOES : None (.
ABSENT : None.
ABSTAIN : None.
and Jose.
EDWIN S . SCHICK (. JR. , Chairman
CARL s BAD P LANN ING c 0r.Ic.I I s s I ON
ATTEST :
JAMES C. HAGAMAN, Secretary
CAIlLS BAD PLANNING COt4MI S SI ON
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- .. EXHIBIT A
4/9/80
ORDINANCE NO. qs53
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.47, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION
21.47.130 TO PROVIDE FOR SPECIAL SETBACK CONSIDERATIONS FOR CONDOMINIUMS
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.47, Section 21.47.130
of the Carlsbad Municipal Code is amended by the amendment of
Subsection (1) (B) and by the addition of Subsection (1) (D) to
read as follows:
"(l)(D) Building setbacks from private driveways shall not
be less than five feet, except garages entered directly from the private driveway may either be set back five to seven feet or greater than twenty feet, Automatic door openers and inside opening doors may be required as a condition of approval if determined to be desirable to reduce traffic congestion and
maximize safety.
(1)(D) The following intrusion may project into the required
setback from driveways but in no case shall such intrusions extend
more than two feet into such setback: cornices, belt courses,
sills, buttresses, and other similar architectural features;
fireplace structures or chimneys; and fire escapes, and open
pcrzhes. Open balcsrries ad eaves extending from floors above the
first floor may intzcde into the setback from driveway provided
that such balconies 20 not extend over the driveway. NO intrusion into the required sitback shall be allowed if that intrusion alone,
or in copbination with any other intrusion, inhibits traffic zlrculation, oz provision of safety, sanitary or other services, ar is not compatible with the design of the project."
EFFECTIVZ DAY: This ordinance shall be effective thirty
days after its ado?,-,ion, and the City Clerk shall certify to the
adoption of this ordinance and. cause it to be published at least
once i.n the Carlsbad Journal within fifteen days after its adoption
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of 8
1980, and thereafter by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN :
RONALD C, PAWARD, Mayor
ATTEST :
ALETHA L. ?&UTENKWZZ, City Clerk
(SEAL)
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ORDINANCE NO. 9553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, hMENDING TITLE 21, CHAPTER 21.47, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.47.130 TO PROVIDE FOR SPECIAL SETBACK CONSIDERATIONS FOR CONDOMINIUMS.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.47, Section 21.47.130
of the Carlsbad Municipal Code is amended by the amendment of
Subsection (1) .(B) and by the addition of Subsection (1) (D) to
read as follows:
"(1) (D) Building setbacks from private driveways shall not be less than five feet, except garages entered directly from the
private driveway may either be set back five to. seven feet or greater than twenty feet. Automatic door openers and inside opening doors aay be required as a condition of approval if determined to be desirable to reduce traffic congestion and maximize safety.
(1) (D) The following intrusion may project into the required setback from driveways but in no case shall such intrusions extend more than two feet into such setback: cornices, belt courses, sills, buttresses, and other similar architectural features; fireplace structures or chimneys; and fire escapes, and open
porches. Open balconies and eaves extending from floors above the first floor may intrude into the setback from driveway provided that such balconies do not extend over the driveway. No intrusion into the required setback shall .be allowed if that intrusion alone or in combination with any other intrusion, inhibits traffic circulation, or provision of safety, sanitary or other services, or is not compatible with the design of the project."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
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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 3rd day of June , 1980
and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of June , 1980, by the
following vote, to wit:
AYES: Council Members Packard, Lewis and Casler
NOES: None
ABSENT: Council Members Kulchin and hear
-kONALD C. PACKARD, Mayor
ATTEST :
erk
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