HomeMy WebLinkAbout1981-10-06; City Council; 6762; Appeal Of PC Denial Of Panhandle LotCITY-,F CARLSBAD - AGENDA-<ILL
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z&$!& TITLE: MS-532 - HARKINS - APPEAL OF A DEPT. HD? PLANNING COMMISSION DENIAL OF A
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PANHANDLE LOT. CITY ATTYV
CITY MGR-
RECOMMENDED ACTION:
Both the Planning Commission and planning staff recommend that the City Council DENY the appeal of the Planning Commission's denial of MS-532 xdirect the City Attorney to prepare documents DENYING MS-532 per Resolution No. 1835.
ITEM EXPLANATION:
This item is an appeal of the Planning Commission's decision to deny a panhandle lot as part of a minor subdivision application. The Commission denied the request because they could not make the mandatory findings required for approval of a panhandle lot. Specifically, the Commission felt that a public street would provide better access to this site and surrounding properties and that approval of a panhandle lot would preclude the most efficient development of this block. Exhibit "B", attached to the staff report, indicates an alternative subdivision design using a public street. The Commission believes this design is the best alternative for this block. Also, this design does not necessitate the elimination of any lots proposed by the applicant.
ENVIRONMENTAL-REVIEW
The Planning Director has determined that this project is categorically exempt from environmental review pursuant to Section 19.04.070(f)(4c t 4d) of the Carlsbad Municipal Code.
FISCAL-IMPACT:
The applicant will provide all required public improvements to the project. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other public services.
EXHIBITS:
1. PC Resolution No. 1835
2. Staff Report, dated July 22, 1981 w/attachments
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wit:
PLANNING COMMISSION RESOLUTION NO. 1835
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE CREATION OF TWO PANHANLDE LOTS AS PART OF A MINOR SUBDIVISION LOCATED ON THE NORTH SIDE OF PINE AVENUE IN THE R-1-7500 ZONE. APPLICANT: HARKINS CASE-NO:.-..MS-~~~....-~..........-.........-........
WHEREAS, a verified application for certain property to,
All of Lot 5 and a 10' wide road easement along the northwesterly portion of Lot 4 in wilsonia Tract as per Map thereof No. 2169 filed August 13, 1929
WHEREAS, said application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Carlsbad Municipal Code, Section 21.10.080
provides that any panhandle lots within a.minor subdivision must
be approved by the Planning Commission; and
WHEREAS, the Planning Commission did on the 22nd day of
July, 1981, and on August 26, 1981, hold a hearing as prescribed
by law to consider said request; and .
WHEREAS, at said 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
HEREBY RESOLVED by the Planning .
Minor Subdivision; and
NOW, THEREFORE, BE IT
Commission as follows:
A) That the foregoing recitat
B) That based on the evidence
ions are true and correct.
presented at the hearing, the Commission DENIES MS-532 based on the following findings:
Findinas:
1) The proposed parcel map does not comply with Section
21.10.010(l) and 21.48.010 of the Carlsbad Subdivision Ordinance as stated in. the staff report.
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2)
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The proposed parcel map can be adequately served by a public street without panhandle lots.
Approval of the parcel map as proposed without a dedication of 30 feet with one half street improvements along the easterly boundary of the subject property would preclude the ability to provide full public street access to the subject property and other properties in the same block.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 26th day of August, 19.81, by the following vote, to wit:
AY'ES: Marcus, Rombotis, F'arrcxlJ, Jose, E'riestedt and L'Heureux
NOES: None
ABSENT: Schlehuber
ABSTAIN: None
, Chairman LANNING COMMISSION'
ATTEST: - . *
PC RESO #1835 -2- . 3
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
July 22, 1981
Planning Commission
Planning Department
MS-532;HARKINS - Request for approval o'f a Minor Subdivision to create three lots, two of which are panhandle lots, on the north side of Pine Avenue between Pio Pica and Highland in the R-1-7500 zone.
I. PROJECT-DESCRIPTION .
The applicant is requesting approval of a minor subdivision creating three lots. The first lot, located at 1366 Pine Avenue contains an existing single family residence and two additional units. One of the units is over the garage; the other unit is located behind the existing residence. This lot is proposed to have 16,651 square feet.
The other two proposed lots are panhandle lots with net areas of 8,000 square feet each. Both panhandle lots are irregularly shaped.
The zoning of the surrounding lots is also R-1-7500.
II. ANALYSIS
Planning Issues
1. Do the proposed panhandle lots conform with the zoning requirements of the R-1-7500 zone in which they are located?
2. Can the necessary findins for'creation of panhandle lots be made, specifically that the property cannot be adequately served by a public street without panhandle lots due to unfavorable conditions, and that approval of panhandle lots will not preclude the ability to provide full public street access to other properties in the same block? - >
III. DISCUSSION
As proposed the project meets some but not all of the requirements of the R-1-7500 zone. Specifically, the project meets the minimum buildable area, the minimum panhandle width t requirements and does not exceed the maximum allowable length
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for a panhandle. The proposed lot split, however, does not comply with the requirement of the R-1-7500 zone which states that only one dwelling unit is permitted on a single lot. As was stated before, there are three dwelling units on one of the proposed parcels. The applicant claims that the units were built before the zoning ordinance was adopted and are, . therefore, legal, non-conforming uses. However, Chapter
21.48.010 of the Zoning Ordinance states:
"When a non-conforming use exists on any lot, no additional use may be established thereon, even though such use would be a conforming use."
Therefore, the units would have to be removed or the nonconforming use abated before any minor subdivision could be approved. Also, one of the findings required for panhandle lots, that the property cannot be adequately served by a public street without such lots due to unfavorable conditions, cannot be made. The property to the east is 1.46 acres, the majority of which is covered by mature avocado trees. To provide an alternative access to the proposed parcels and to provide for any future lot splits for the property to the east, a conceptual alignment for a public cul-de-sac was drawn by the planning and engineering staffs. (Exhibit B). Also, a possible redesign of the project was drawn. Both were presented to the applicant. This redesign would still allow the applicant to subdivide his property into three parcels, but would not require panhandle lots. It would also provide access for any future subdivisions to the east and for the property to the north. This area is not a superblock and could not have an interior street without preventing the majority of property owners from subdividing their land in the future. Therefore, the potential for many panhandle lots exist throughout this block. This appears to be one of the few places where panhandle lots could be avoided.
The second required finding, that approval of the panhandle lots will not preclude the ability to provide full public street access to other properties in the same block, cannot be made either. If the applicant is not required to dedicate a portion of his property for a public street, then the ability to provide full public street access would be precluded. Until the other properties are ready for development, the required dedication and improvements would adequately serve this proposed project.
For these reasons, staff is recommending denial of the lot split as proposed. 5 -
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is categorically exempt from environmental review pursuant to Section 19.04.070(f) (4c and 4d) of the Carlsbad Municipal Code.
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v. RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No .I 1835, DENYING MS-532, based on the findings and subject to
the conditions contained therein.
ATTACHMENTS
1) Planning Commission Resolution No. 1835
f; Location Map Background Data Sheet
4) Memo from City Traffic Engineer
5) Exhibit "A" dated, July 16, 1981
61 Exhibit "B" dated, July 16, 1981
JC:ar
7/16/81
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.I CASE NO: MS-532 . . . . .
Gn,Imn: Harkins, villiati atid Mary _- . .'. . . EQmT j&Q L(3cz'L'Im<: Yinor'subdivision:to.create a panhandle lot on the. .
-'north side of Pine Avenue between Basswood and ?lcKinley.' ' .' . * ,I
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. . . Carlsdad lands map No. 1744 filed&v 3. 1973. . . .' . . .' . . ._ '.
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MEMORANDUM
DATE: July 6, 1981
TO: Planning Department
FROM: Kent Whitson, Engineering Department via Les Evans
SUBJECT: Public Street Dedication
I would recommend that a public street be dedicated (56 feet wide should be enough) between parcels 16 and 17 on attached street because:
1. As large parcels are subdivided, the street will provide better access for fire and emergency vehicles.
2. The street will help prevent "land-locked" parcels from being formed.
3. In order to keep with rural nature of neighborhood, full street improvements might be waived at this time (or until future improve- ments are necessary and additional property developed). .
KW/LE/JCH/wl
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September 4, 1981
TO: City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
RE: MS-532 - Request to City Planninq Commission for approval of a minor subdivision
The subject request was denied by the Planning
Commission at its meeting of August 26, 1981. The
applicant, Mr. William C. Harkins, hereby appeals
the aforementioned denial to the City Council.
Appeal fee, $50.00, is submitted herewith.
fB e pectfully, /kkQ---hk Glenn McComas Representative of applicant . . . . ._ -.... ‘..% .I “- ,;’ c $/+s 0 ‘Y f4r /I A) ‘. --- . . . . . .,_. I_ ,_._” _-,.._ I.--“--’ __..--.
CITY OF CARL AD
1200 ELM AVENUE 0 CARLSBAD. LALIFORNIA 92008
729- 1181
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-__ 3 -.*** RECEIVE0 FROM .’ .,’ OATE~ -ric,t.
A/C. NO. I DESCRIPTION
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TOTAL
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