HomeMy WebLinkAbout1981-08-18; City Council; 6711; Zone Code Amendment of Application ReviewAGENDA BILL
INITIAL: BH; &#- AGENDA BILL NO: d 7// DEFT. HD.
DAW: AUGUST 18, 1981 CTY.ATIY. \lFfi
DEPARTMENT: PLANNING I CTY. MGR.R >
SUBJECT: ZONEC ODE AMENDMENT ‘IO ALLOGJ PLANNING DIRECTOR REVIEW OF C EIiTAIN VARIANCE APPLICATIONS AND Lcrrs IN THE R-1 ZONE. CASE NO: ZCA-134 APPLICANT: CITY OF CARLSI3AD
STATEMENT OF THE MAITER:
This item is a Zone Code Amendment to allow:
21.51, allowing the Planning Director to review certain variance applications,
and (2) an amendment to Chapter 21.10, allowing the Planning Director to review minor subdivisions creating panhandle lots in the R-1 zone. These amendments were initiated by the Planning Comnission at their meeting of April 22, 1981. The Planning Conmission felt that the Planning Director could better review the majority of these types of applications and also felt that the overall processing time for such requests would be shortened.
(1) an amendment to add Chapter
The first amendment would allow the Planning Director to review certain variance applications. All property owners within 300 feet of property upon which a variance is requested would be notified prior to any decision by the Planning Director. Any decision made by the director would be appealable to the Planning Comission. The types of variance requests that the director would have the discretion to review are listed in Exhibit “A” and would include 40% setback
reductions, 10% increases in lot coverage and increases in the height of fences and walls. The Planning Commission felt that variances to building heights should be reviewed by the Planning Commission because of the controversial
nature of these requests.
The second amendment muld allow the Planning Director to review all mirm subdivisions in the R-1 zone which create panhandle lots. The majority of
these requests are minor in nature and relatively straightforward. variance requests, the director would have the discretion to refer panhandle lot requests to the Planning Comission and any decision made by the director is appealable to the Planning Comnission.
As with
Staff and the Planning Conmission believe that approval of both of these amendments muld shorten the overall processing time of variance and panhandle lot applications.
ENVIR0”TBL REVIEW The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative
Declaration, dated March 24, 1981, which was approved by the Planning Corrnnission on July 22, 1981. in the Planning Department. A copy of the environmental documents is on file
FISCAL IMPACTS
This amendment will not create any impacts on public facilities.
APPROVED
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PI;ENDA BILL NO:
AUGUST 18, 1981
PAGE 2
RECDPENDATION
Both th e Planning Staff and Planning Conmission remmend that this application
be APPROVED and that the City Attorney be directed to prepare documents APP-CA-134, per Planning Canmission Resolution No. 1842.
1. PC Resolution No. 1842
2. Exhibit "A" dated, July 22, 1981
3. Staff Report dated, July 22, 1981 w/attachments
ATfACIWEWE
NOTE: In the past year there have been 10 minor subdivisions with
panhandle lots. Nine (9) were approved. There were
thirteen (13) applications for minor size variances; seven (7)
were approved.
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PLANNING COMMISSION RESOLUTION NO. 1842
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, BY THE AMENDMENT OF CHAPTER 21.10, SECTION 21.10.080, AND BY THE ADDITION OF CHAPTER 21.51 TO ALLOW PLANNING DIRECTOR APPROVAL OF PANHANDLE LOTS IN THE R-1 ZONE AND CERTAIN VARIANCES
APPLICANT: CITY OF CARLSBAB CASE NO: ZCA-134
WHEREAS, the Planning Commission did on the 22nd day of July,
1981, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to the
Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-134, according ,to
Exhibit "A", dated July 22, 1981, attached hereto and made a
part thereof, based on the following findings:
Findings
That certain variance applications and panhandle lot applica- tions can be more expeditiously processed by the Planning Director.
That Section 65901 of California Government Code allows ad-
ministrative review by the Planning Director of variance ap-
plications without the need of a public hearing, and the adoption of this resolution would implement said government code
That this project will not cause any significant environmen- tal impacts, and a Declaration of Negative Environmental Im- pact has been issued by the Planning Director on March 24, 1981, and approved by the Planning Commission on July 22, 1981.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
P,anning Commission of the City of Carlsbad, California, helb on
the 22nd day of July, 1981, by the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Schlehuber, Jose and
NOES: None
ABSENT: Friestedt
L'Heureux
ABSTAIN : None
ATTEST :
~RLSBAD PLANNJT~G c MMISSION P
PC RES0 #1842
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E XH I B IT
JULY 22, 1981
"A"
ORDINANCE NO. .
AN ORDINANCE OF TKE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, BY THE
AMENDMENT OF CHAPTER 21.10, SECTION 21.10.080, AND
BY THE ADDITION OF CHAPTER 21.51 TO ALLOW PLAPjNING
DIRECTOR,APPROVAL OF PANHANDLE LOTS IN THE R-1 ZONE
AND CERTAIN VARIANCES .
The City Council of the city of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.10, of the Carlsbad
Municipal Code is amended by the amendment of Section 21.10.080 to
read as follows:
21.10.080 Lot Width. (a) In the R-1 zone every lot shall have a minimum lot width as .follows: (1) Lots required to have an area up to ten thousand square feet, sixty feet;
(2) Lots required to have an area of at least ten
thousand square feet and up to twenty thousand square feet,
seventy-five feet;
(3) Lots required to have an area of twenty thousand
square feet or more, eighty feet.
(b) The City Council for major subdivisions and the Planning €ewm&ss&eFt Director for minor subdivisions may aFprove panhandle or flag-shaped lots where the lot width and yards shall
be measured in accord with this section .if the following circumstances are found to exist:
public street without panhandle lots due to unfavorable conditions
resulting from unusual topography, surrounding land development, or lot configuration; (2) Subdivision with panhandle lots will not preclude or
adversely affect the ability to provide full public street access to other properties within the same block of the subject
property.
(c) In approving a panhandle lot a determination shall be
made as tn what portion of such lot shall be the buildable lot;
fcr purposes of this chapter, the buildable portion shall be the entire lot exclusive of any portion of the lot less than thirty- five feet in width that is used for access to the lot. Also, a determination shall be made on which property lines of the
buildable lots are the front, sides and rear for purposes of
providing required yards.
shall meet the following requirements:
(1) The area of the buildable portion of the lot shall
be a minimum ten thousand square feet or the minimum required by
the zone whichever is greater. In zone districts permitting less
than ten thousand square-foot lots., the buildable portion of the
(1) The property cannot be served adequately with a
(d) Any panhandle lot approved pursuant to this section
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lot may be less than ten thousand square feet provided the Planning €smmiss&e~ Director finds 'from evidence submitted on a site plan that all requirements of this section will be met; however, in no case shall the buildable portion of the lot be less
than eight thousand square feet in area. If a site plan for a
subdivision with panhandle lots with a buildable portion of less
than ten thousand square feet is approved, development within such subdivision shall conform to the-plan as approved. Any modification to the parking and turnaround areas, or horizontal expansion of buildings shall be submitted to the Planning
€emmiseieR Director who may approve, approve with conditions or
deny any such modifications.
the lot shall be met as required for interior lots in the zone district .
met as required for interior lots.
public street or publicly dedicated easement afforded access to the buildable lot shall not be greater than one hundred fifty feet for a single lot or two hundred feet when two such lots are
adjoining. The minimum width for such access portion shall be
twenty-feet except where the access portion is adjacent to the same portion of another such lot, in which case the required minimum frontage shall be fifteen feet, provided a joint easement ensuring common access to both such portions is recorded.
access portion of the lot from the public screet or public easement to the parking area on the buildable lot at least
fourteen feet wide for single lots and twenty feet wide w\en
serving more than one lot. The minimum overhead clearance shall
be ten feet. The driveway shall be constructed to accommodate
public service vehicles with a minimum of two-inch thick asphalt
concrete paving on proper base with rolled edges. (6) Drainage from the lot shall be channeled down the private access to a public street or special drainage means must
be provided to the satisfaction of the City Engineer. (7) Each lot shall have three 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. The parking and access arrangement shall be
designed to the satisfaction of the City Engineer.
(8) Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than fourty-two inches in height
if located within twenty feet of the street property line or
greater than six feet in height beyond this point.
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.
€emm&ssiept Director may determine to be necessary to properly develop such property.
(2) The width requirement for the buildable portion of
(3) The yard requirements of the zone district shall be
(4) The length of the portion of the lot fronting on a
(5) An improved driveway shall be provided within the
(9) The property owner of such a lot shall agree to hold
(IO) Any other condition the City Council or Planning
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(e) Any decision of the Planning Director is final unless appealed within 10 days to the Planning Commission. The decision of the Planning Commission is final unless appealed within 10
days to the City Council. The decision of the Council shall be
final .
SECTION 2: That Title 21 is amended by the addition of
Chapter 21.51 to read as follows:
Chapter 2 1 . 5 1
ADMINISTRATIVE VARIANCES
Sections:
21.51.01.0 Authority of Planning Director to Grant Certain
Variances
21.51.020 Extent of Variance
21.51.030 Application and Fees
21.51.040 Notice and Procedure
21.51.050 Decision of Planning Director
21.51.060 Effective Date of Variance Appeal
21.51.010 - Authority of Planning Director to grant certain variances. The Plannins Director shall have the followina d 0 powers and duties:
of the Municipal Code as will not be contrary to its intent or to the public health, safety and general welfare when, due to special
conditions or exceptional characteristics of the property or of its location or surroundings as specified in subsection 2, strict and literal interpretation and enforcement of the provisions of the Code would result in unusual difficulties or unnecessary hardship or be inconsistent with the general purpose of the Code.
(2) The Planning Director may grant a variance from the zoning provisions of the Funicipal Code when it appears from the
facts contained in the application and from information obtained by the Planning Director that the following conclusions can be reached :
stances or conditions applicable to the property or to the in- tended use that do not apply generally to the other property or class of use in the same vicinity and zone;
enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question;
(c) That the granting of such variance will not be material- ly detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located ;
affect the comprehensive general plan.
(1) To grant such variances from the zoning provisions
(a) That there are exceptional or extraordinary circum-
(b) That such variance is necessary for the preservation and
(d) That the granting of such variance will not adversely
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(3) In granting any variance, the Planning Director may impose such conditions as he deems necessary or desirable to pro- tect the public health, safety and general welfare in accordance
with the purpose and intent of the Municipal Code.
21.51.020 - Extent of Variance. Variances granted by the Plannins Director shall be limited to:
( 17 Modification of distance or area regulations, pro- vided such modification does not exceed 40 percent of required
front, side or rear yards nor exceed ten percent of maximum lot coverage regulations;
connection therewith, provided that no such variance shall be granted for a period of more than one year;
zoning regulations.
tion shall be processed pursuant to Chapter 21.50 of this Code.
(2) Tract real estate offices, model homes, and signs in
(3) Walls or fences to exceed heights permitted by the
All other variance applications not listed in this Sec-
21.51.030 - Application and Fees. (a) Application for a
zone variance may be made by the owner of the property affected or
the authorized agent of the owner. Application shall be filed with the Planning Director upon forms provided by him. The appli- cation shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the Planning Director.
shall pay a processing fee in an amount as specified by Council Resolution.
(b) At the time of filing the application the applicant
21.51.040 Notice and Procedure. (a) Upon the acceptance of a comprf the required fees for a
variance, the Planning Director shall give written notice by mail or personal delivery to all property owners as shown on the last equalized assessment roll within 300 feet of the subject property
at least 15 days prior to a decision on the application.
i)r a written request to be heard within 10 days after the mailing or personal delivery of the notice. If a written request to be heard is .filed, the Planning Director shall schedule a hearing and provide written notice to the applicant and the requestor at least
five days prior to the hearing. The hearing is not a public hear-
ing and may be informal.
set any variance under this chapter for a public hearing before
the Planning Commission. In such case the variance shall be pro-
cessed according to the provisions of Chapter 21.50 of this Code.
(b) Any person so notified may file written objections
(c) The Planning Director shall have the discretion to
21.50.050 - Decision of the Planning Director. (a) The Planning Director shall render his decision upon the completion of
his investigation of the facts as set forth in the application and his review of the circumstances of the particular case. If a hearing is held, he shall render his decision within 10 days of the conclusion of the hearing.
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(b) The Director shall announce his decision and find- .
ings by letter to the applicant and the letter shall recite, among
other things, the facts and reasons which in the opifiiofi cf the
Planning Director make the granting or denial of the variance ne-
cessary to carry out the provisions and general purpose of this title and shall order that the variance be granted or denied, and
if such letter orders that the variance be granted, it shall also
notice such conditions and limitations as the Director may impose. The letter shall be sent to any person who requested or appeared at the hearing.
facts presented in the case, is unable to reach the conclusions set forth in Section 21.51.010 (2), he shall deny the variance.
21.51.060 (a) The order of the Planning Director in granting or denying a variance shall become final and effective ten days after the rendering'of his decision granting or denying the variance unless within such ten-day period an appeal in writing is filed with the Planning Commission by either an applicant or an oppo-
nent. The filing of such appeal within such time limit shall stay
the effective date of the order of the Planning Director until
such time as a final. decision on the appeal is reached.
(b) An appeal to the Planning Commission shall be pro- cessed in the same manner as an original application for a vari- ance under Chapter 21.50 of this Code. (c) The decision of the Planning Commission shall be
final unless appealed to the City Council in the manner provided
for appeals of variances under Chapter 21.50 of this Code.
(c) If the Planning Director, after considering the
Effective Date of Variance - Appeal.
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 adop-
tion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of I
1981, and thereafter.
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PASSED, AND ADOPTED at a regular meeting of said City
Council held on the day of , 1981, by the
following vote, to wit:
AYES :
NOES:
ABSENT :
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk .
(SEAL)
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STAFF REPORT
DATE :
TO :
FROM :
SUBJECT :
July 22, 1981
P1 anning Commission
Planning Department
ZCA-134 - CITY OF CARLSBAD - Amendments to the zoning ordinance to 1) allow Planning Director review of certain
variances, and 2) allow Planning Director review of pan- handle lots in the R-1 zone.
I . PROJECT DESCRIPTION
This item involves two amendments to the Zoning Ordinance: 1) an amendment to add Chapter 21.51 allowing the Planning Director to review certain variance applications, and 2) an amendment to Chapter 21.10 allowing the Planning Director to review minor
subdivisions creating panhandle lots in the R1 zone.
The Planning Commission, at their meeting of April 22, 1981, direc- ted staff to prepare a zone code amendment to allow Planning Direc- tor review of certain variance requests. Any controversial items, i.e., those for which there is public opposition, would be referred to the Planning Commission for review. As an afterthought, the Commission suggested that an amendment be considered to allow Plan- ning Director review of panhandle lots in the R1 zone.
11. ANALY S I S
A. Variance
Preseztly, the Zoning Ordinance requires Planning Commission review
of all variance requests. The proposed amendment would allow the
Planning Director to review certain variance applications. In so doing, the Planning Director would have the discretion to refer any
such requests to the Planning Commission. Staff believes that this
variance applications since most are non-controversial. Exhibit
18 A II , attached to the approval resolution, indicates the specific changes to the Zoning Ordinance.
% amendment would shorten the processing time for the majority of
The Commission should be aware that all property owners within 300 feet of property upon which a variance is requested would be noti-
fied 10 days prior to any decision by the Planning Director. Any variance request, however, would not need to be published in the newspaper. Any decision made by the Director would be appealable to the Planning Commission.
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B. Panhandle Lots in the R-1 Zone
The Zoning Ordinance requires that all minor subdivision applica- tions in the R-1 zone which would result in the creation of a pan- handle lot be approved by the Planning Commission. The majority of
such requests are minor in nature and relatively straight-forward.
The proposed amendment would allow the Planning Director to review
and make a decision on any such request. The Director would have
the discretion to refer any panhandle lot request to the Planning
Commission. Approval of this amendment would shorten the process- ing time of minor subdivision requests by approximately one to two months .
Staff believes that approval of these two amendments would shorten the overall processing time of variance and panhandle lot applica-
tions and, at the same time, allow the Planning Commission more time to review the more complex planning applications. Staff is, therefore, recommending approval of ZCA-134.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not have a significant impact on the environment, and, therefore, has
issued a Negative Declaration on March 24, 1981.
RECOMMENDATION
It is recommended that the Planning Commission approve the Negative Declaration issued by the Planning Director and adopt Planning Com- mission Resolution 1834, recommending approval of ZCA- 134, based on the findings contained therein.
ATTACHMENTS
1. Plannhg Commission Resolution No. 1834 2. Exhibit "A" , dated July 22, i981
3. Environmental Documents