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HomeMy WebLinkAbout1982-10-19; City Council; 7181; Zone Code Amendment - Administrave variancesI ~ CIT 3F CARLSBAD - AGEND, )ILL TITLE: ZONE CODE AMENDMENT - ADMINISTRATIVE VARIANCES; ZCA-134(A) - CITY OF CARLSBAD 4B## 7/ E,/ flTG. 10/19/82 IEPT. pLN DEPT. HD. ClTy Am!'i$& CITY MGR Both the Planning Staff and Planning Commission recommend that this application-be APPROVED and that the City Council introduce Ordinance No. 965-1 . ITEM EXPLANATION This item is a request for an amendment to the Zoning Ordinance expanding the authority of the Land Use Planning Manager for approving certain administrative variances. In addition to those regulations the Land Use Planning Manager already has authority in approving, the following would be added or replace the existing provisions: 1. 75% reductions in yard requirements; 2. reduced lot widths down to 50 feet; 3. reduced lot depths down to 75 feet; 4. 10% increases in sign area; and 5. 10% increases in sign height. Approval of this amendment would provide for more expedient review of a greater number of non-controversial v riance requests. The Land Use Planning Manager has the ability to forward all controversial requests to the Planning Commission. Also, the noticing requirements for administrative variances will remain the same. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated September 3, 1982, which was approved by the Planning Commission on September 22, 1982. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACT This amendment will not create any fiscal impacts. EXHIBITS 1. PC Resolution No. 2020 w/attached Ordinance No. 96.5-/ . 2. Staff Report, dated September 22, 1982 I 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. 2020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSRAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, BY THE AMENDMENT OF CHAPTER 2 1 .5 1, SECTION 21 5 1.020, TO EXPAND THE AUTHORITY OF THE LAND USE PLANNING MANAGER FOR APPROVAL OF CERTAIN VARIANCES. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-134 (A) WHEREAS, the Planning Commission did on the 22nd day of September, 1982, hold a duly noticed public hearing as prescribed by law to considser 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 Cornmission as follows: R) 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-l34(A), according to - Exhibit "A", dated September 22, 1982, attached hereto and made a part thereof, based on the following findings: Findings: That certain variance applications can be more expeditiously processed by the Land Use Planning Manager. That Section 65901 of California Government Code allows administrative review by the Land Use Planning Manager of variance applications 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 environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Land Use Planning Manager on March 24, 1985, and approved by the Planning Commission on July 22, 1981, and a Notice of Prior Environmental Compliance has been issued by the Land Use Planning Manager on September 3, 1982. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on thl 22nd day of September, 1982, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN : ATTEST: VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION MICH-AEL J. HOLZMILLER I LAND USE PLANNING MANAGER PC RES0 NO. 2020 -2- 3 STAFF REPORT DATE : September 22, 1982 TO : Planning Commission FROM : Land Use Planning Office SUBJECT: ZCA-l34(A) - CITY OF CARLSBAD - An amendment to the Zoning Okdinance expanding the authority of the Land Use Planning Manager for approving certain administrative variances. I. PROJECT DESCRIPTION This item is an amendment t.o Section 21.51.020 of the Zoning Ordinance to expand the authority of the Land Use Planning Manager for approving administrative variances related to setbacks, Pot widths, sign area and sign height. Presently, the Land Use Planning Manager has the authority to grant administrative variances for: (1) Up to a 40% reduction of yard requirements; (2) Up to a 10% increase in lot coverage requirements; (3) Increases in the height of'walls and fences. This amendment would expand the Land Use Planning Manager's authority in approving administrative variances by providing for his review and approval of 1) 75% reductions in yard requirements; 2) reduced lot widths down to 50 feet; 3) reduced lot depths down to 75 feet; 4) 10% increases in sign area; and 5) 10% increases in sign height. The City Council adopted a Zone Code Amendment providing for an Administrative Variance procedure in August, 1981. At that time, the amendment was considered experimental in nature and the Council indicated that further refinement may be necessary after the ordinance had been in effect for 1 year. The Council's intent was to expedite the planning process for noncontroversial items. 11. ANALY S I S Over the past year, staff has reviewed only 3 applications for administrative variances. Staff believes the reason for such a low number of applications is that the current scope of administrative variances is too small to include the majority of noncontroversial requests. This observation is shared by many 'f local residents and developers. The Council's original intent of expediting the planning process has not materialized because of this lack of scope. By expanding the Land Use Planning Manager's authority, more noncontroversial items can be processed in a relatively short time. The Commission should keep in mind that all of the mandatory findings for a variance, as required by state law, must be met. Also, the Land Use Planning Manager would forward all controversial it ms to the Planning Conunission for their review. The present noticing requirement to all properties within 300 feet of a project site would not be changed by this ordinance. 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this item has already undergone environmental review and has, therefore, issued a 'Notice of Prior Environmental Compliance, dated September 3, 1982. All the environmental documents are on file in the Land Use Planning Office. IV. RECOMMENDATION It is recommended that the Planning Commission APPROVE Resolution No. 2020 recommending APPROVAL of ZCA-l34(A) to the City Council based on the findings contained therein. ATTACHMENTS 1. PC Resolution No. 2020 2. Exhibit "A", dated September 22, 1982 BN/ar 9/8/8 2 -2-