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HomeMy WebLinkAbout1983-02-01; City Council; 7282; Regulating Parking in front yard and side yardCIT'->F CARLSBAD - AGENDh-'31LL RECOMMENDED ACTION: Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. fGGP ITEM EXPLANATION This item is an amendment to the zoning ordinance regulating the parking of private, recreational and inoperable vehicles in the front yard and street side yard setback areas. The major features of this amendment are the following: 1) Allows the parking of private vehicles, other than recreational vehicles and inoperable vehicles, in the setback areas only in a defined parking area which does not exceed 30% of the required yard area; and 2) Prohibits the parking of recreational vehicles in the street setback areas for periods in excess of 24 hours. The amendment would permit the parking of R.V's on other portions of a lot if they are screened by a solid 6' high wall or fence; and 3) Incorporates the provisions of Section 10.52 (Abandoned Vehicles) of the Municipal Code into the zoning ordinance. This section prohibits the parking of inoperable vehicles on private lots for periods in excess of 72 hours unless such vehicles are lawfully located in an enclosed building. This amendment is a result of numerous complaints from homeowners who live near residences having R.V's and inoperable vehicles in their front yards. These types of vehicles are usually unsightly and detrimental to the overall appearance of the neighborhood. Both the staff and the Planning Commission believe this amendment will ensure that inoperable and recreational vehicles will not visually degrade or detract from the residential character of a neighborhood. 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 November 15, 1982, which was approved by the Planning Commission on January 12, 1983. A copy of the environmental documents is on file in the Land Use Planning Office. Page 2 of Agenda Bill # 72&a FISCAL IMPACTS No fiscal impacts will be created by the approval of this project. EXHIBITS A) Ordinance No. cf b 6bD B) PC Resolution No. 2064 C) Staff Report, dated January 12, 1983 w/attachments a 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 - Exhibit "A" January 12, 1983 ZCA-154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.44.165 TO REGULATE THE PARKING OF VEHICLES ON RESIDENTIAL LOTS The City Council of the City of Carlsbad, California TION 1: Title 21, Chapter 21.44 of the Carlsbad e is amended by the addition of Section 21.44.165 recreational vehicle 11 be parked in the front yard parking four hours. ont yard subject to the following may be parked in any area of the lot restrictions: commercial vehicles used inciple means of transportation for the occupant of the re e may be parked in a paved ehicles including light duty s an extension of the parking (1) provided that the paved driveway or parking area does exceed the width of the area ing passenger vehicles and oats or recreational rea of the lot not solid fence or wall. (b) Corner and reverse corner (1) No vehicles shall be ked in the required (2) No trailer, travel trail camper, boat or area of the lot following restrictions: \ 3 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 (A) Passenger vehicles including light duty commercial vehicles used as a principle means of transportation in subsection (b)(l). restricted -of-way and adjacent property by a solid fence or vided, however, that not more than two vehicles in any ino ble wrecked or dismantled condition may be parked in the area travel trailers, camp oats, or recreational vehicles while said vehicles are bei aired or restored by the owner of the property. lot except while loading or ding property; or when such vehicles parked in connectio h or in aid of the performance acent property on which the ty commercial vehicles as defined by shall be parked on any residential or more than six hours or such or service. 21.45 parking shall be regulated b Planned Development Permit . (d) For residential proje eveloped under Chapter EFFECTIVE DATE: This ordinance 11 be effective thirty days after its adoption, and the C Clerk shall certify to the adoption of this ordinance and cause to be published at least once in the Carlsbad Journal within teen days after its adoption. /// /// /// /// /// /// 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 INTRODUCED AND FIRST READ at a regular meeting of the day of I ular meeting of said City 1983 by AYES: NOES : ABSENT: ATTEST : ALETHA L. RAUTENKRANZ, CITY CLERK 2. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 27 18 19 20 21 22 23 24 25 26 21 28 PLANNING COMMISSION RESOLUTION NO, 2064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.44.165 REGULATING THE PARKING OF PRIVATE AND RECREATIONAL VEHICLES IN THE FRONT YARD AND STREET SIDE YARD AREAS OF RESIDENTIAL LOTS. APPLICANT CITY OF CARLSBAD CASE NO. : ZCA-154 WHEREAS, the.Planning Commission did, on the 12th day of January, 1983, 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 anyo 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 above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-154. according to Exhibit "A", dated January 12, 1983, attached hereto and made a part hereof, based on the following findings: Find iny s : .l) This zone code amendment.is consistent with the General Plan': intent of preserving the public's health, safety and welfare since it will ensure that private and recreational vehicles will not visually degrade or detract from the residential character of a neighborhood. 2) This zone code amendment is consistent with the intent of the residential zones which is to allow residential uses and to not permit excessive storage of vehicles. 3) This zone code amendment will not cause any significant adveri impacts on the environment because a Negative Declaration was issued by the Land Use Planning Manager on November 15, 1982 and approved by the planning Commission on January 12, 1983. //// i!o e 1 2 3 4 5 6 7 8 9 10 11 12 AE! 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 the 12th day of January, 1983, by the following vote, to wit: AYES : Chairman Schlehuber, Commissioners Marcus, NOES : Commissioner Rawlins. ABSENT: Commissioner Friestedt. ABSTAIN: None. Jose, Rombotis and Farrow. ATTEST : CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 8L?P /a&? MICHAEL J. WLZMILLER, LAND USE PLANNING MANAGER PC RES0 NO. 2064 .2 7 STAFF REPORT DATE : January 12, 1983 TO : Planning Commission FROM : Land Use Planning Office SUBJECT: ZCA-154, CITY OF CARLSBAD - A zone code amendment regulating parking in the front yard and street side yard areas on residential lots. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2064, recommending APPROVAL of ZCA-154, based on the findings contained therein. 11. PROJ ECT DES C RI PT I ON This item is an amendment to the zoning ordinance regulating the parking of opt?rable, inoperable and recreational vehicles in the front yard and street side yard areas on residential lots. Specifically, in these yard areas, this amendment allows the parking of private vehicles (ice., vehicles other than inoperable vehicles or recreational vehicles) only on a paved surface and not to exceed 308 of the required front yard setback. This amendment would prohibit the parking of recreational vehicles or inoperable vehicles in the front or street side yard areas in excess of 24 hours. For purposes of this amendment, the front and street side yard areas are defined as the distance between the building and property lines. This area may, in some instances, exceed the required yard area. The ordinance makes this distinction. Exhibit "B" more graphically shows the parking regulations. 111. ANALYSIS --- - Discussion This amendment was brought about as a result of numerous complaints received from homeowners who live near residences which store inoperable and recreational vehicles in their front yards. These vehicles are unsightly and are detrimental to the overall appearance of the neighborhood. In many cases, inoperable vehicles and recreational vehicles are left in the view of the public for several months. The removal. of these vehicles is difficult to enforce under the present ordiriance. This amendment. wou.1.d allow a more straightforward mechanism for dealing with this type of zoning violation. Staff believes this amendment is also consistent with the stated intent of the general plan to protect the public's health, safety and welfare since it will ensure that inoperable and recreational vehicles will not visually degrade or detract from the residential character of a neighborhood. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that the project will not have a cignificant impact on the environment, and therefore, has issued a Negative Declaration on November 15, 1982. EXHIBITS 1. PC Resolution No. 2064 w/attached Exhibit "A", dated January 12, 1983 2. Exhibit "B", dated January 12, 1983 3. Environmental Documents , BH/ar 12/28/82 -2- 4 Y I Exhibit 'B' January 12, 1983 ZCA-154 [-T - Private vehicles may park if area does not exceed 30% of front yard area. kfd - Recreational md inoperable whicles ray only park if screened by a 6' high wall .. DEVELOPMENTAL SERVlC ES 0 Assistant City Manager (714) 433-5508 0 Building Department (714) 438-5525 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 17 Engineering Department D Housing & Redevelopment Department (714) 438-5541 3096 Harding SI. (714) 438.561 1 @ Planning Department (714) 438-5591 PROJECT DESCWImION: the parking requirements in the fronk yard setback. An amerdment to the Zoning Ordinance mdifying The City of Carl-sbad has conducted an enviromntal review of the above descri-bd project pwsuant to the Guidelines for Implementation of the California Enviromntal Quality Act and the Enviromntdl Protection Ordinance of the City of Carlshd. review, a Neqativ2 Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Jmd Use Planning Office. A copy of the Negative Declaration with supxtive domnts is on file in the Lard Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, C4. 92008. Comnts from the public are invited, Please subinit mwnts in writing to the Land Use Planning Office within ten (IO) days of date of issuance. As a result of said Justification for this action is on file in the CASE rm: ZCR-IS~ Land Use Planning Manager APPLICANT: City of Carlsbad PUBLISH DATE: NxerrS->er 20, 1982 Nn-4 5/8 1 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345 -_ - __ -. . - ____ - .Proof ! of Publication1 ----- .I__ da STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, NOTICE OF PUBLIC HEARING ZCA-154 NOTICE IS HEREBY GIVEN that thecity CounciloftheCityofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad. California, at 6:OO P.M. on Tuesday, February 1, 1983. to consider an application for a zone code amendment to regulate parking in the front yard and street/ side yard setback area. Applicant: City of Carlsbad CARLSBAD CITY COUNCIL ' CJ W162: January 18,1983 I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ............ .January. 3.9 ..... 19 8.3 . ................................. 19 .... ................................. 19 .... ................................. 19 .... ................................ 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 19th day of anwrv 1W3 - ;/< (, '7: c Clerk of the Printer NOTICE OF PUBLIC HEARING Z CA- 15 4 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, February 1, 1983, to consider an application for a zone code amentfbent to regulate parking in the front yard and street side yard setback area. APPLICANT: City of Carlsbad PUBLISH: January 19, 1983 CARLSBAD CITY COUNCIL c -' 'r NOTICE IS will hold Carlsbad , -- B 1' IXITICE OF PUBLIC HENIING r HEREBY GIVEN that the Planning Commission of the City of Carlsbad a public hearing at the City Council Chmbers, 1200 Elm Avenue, California, at 7:OO p.m. on Wednesday, January 12, 1983, to consider approval of a zone code amendment to regulate parking in the front yard and street side yard setback area. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Use Planning Office at 438-5591. If you have any questions please call the Land CASE FILE: ZCA- 154 APPLICANT: CITY OF CARLSBAD PUBLISH : December 29, 1982 CITY OF CAIUSBAD PL74"IIG COMMISSION Office of the City Clerk March 31, 1983 Sharon Pierce 5130 El Arbol Carlsbad, CA 92008 Subject: Parking in Setbacks At the City Council meeting of February 1, 1983, Councik discussed adopting an ordinance which would establish restrictions regarding parking in front and side yard setbacks. At that meeting, you asked to be notified when the matter was returned to Council. That matter has been noticed for a public hearing before the Council at the meeting of April 5, The meeting starts at 6:OO P.M. 1983. LEE RAUTENKRANZ ((7 City Clerk LR:kk