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Home My WebLink About1983-03-15; City Council; 7320; Encroachments to setback areas.- --v hB# 732-0 4TG. 3/15/83 EPT. pLN CITY ZONE CODE AMENDMENT ALLOWING ENCROACH- MENTS INTO SETBACK AREAS ADJACENT TO PERMANENT OPEN SPACE. ZCA-161 - CITY OF CARLSBAD F CARLSBAD - AGENDA ILL DEW. HD.,&&~ Both the planning staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. 9L73 P ITEM EXPLANATION This item is a request for a zone code amendment to permit certain intrusions into the side and rear yard setbacks that are adjacent to permanent open spaces. Specifically, this amendment would allow uncovered decks, balconies and raised patios to project to the rear or side property lines adjacent to open space areas. This amendment was prepared at the direction of the Planning Commission after considering a variance request for a similar intrusion at its meeting of January 26, 1983. At that meeting, the Commission denied a variance request for a balcony along the La Costa Golf Course. The Commission had nqproblems with the request, however, it could not make the required four findings for a variance. This amendment would establish a procedure similar to administrative variances which gives the Land Use Planning Manager approval authority. The only difference is that the Land Use Planning Manager would not have to make the required findings for a variance. Instead, he would have to find that any encroachments would not have an adverse impact on adjacent properties. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. 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 February 14, 1983, which was approved by the Planning Commission on February 23, 1983. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACT No fiscal impacts would be created by approval of this application. EXHI BITS 1. City Council Ordinance No. 2. PC Resolution No. 2081 3. Staff Report, dated February 23, 1983 w/attachments 9 i T 4 E E E s 1c 13 12 JZ 14 15 1E 17 18 21 23 24 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AMENDMENT. AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.46.120(2) TO ALLOW CERTAIN INTRUSIONS INTO SIDE AND REAR YARD SETBACKS ADJACENT TO PERMANENT OPEN SPACE AT THE DISCRETION OF THE APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-161 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE LAND USE PLANNING MANAGER. WHEREAS, the Planning Commission did, on the 23rd day of pebruary, 1983, hold a duly noticed public hearing as prescribed by .aw to consider said request; and WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons iesiring to be heard, said Commission considered all factors :elating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: \) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-161 according to Exhibit "A" dated February 9, 1983, attached hereto and made a part hereof, based on the following findings: Findings: I) The proposed amendment will allow greater utilization of properties immediately adjacent to permanent open space. !) The propsed amendment gives the Land Use Planning Manager the discretion to prevent intrusions that would adversely affect adjacent property owners. I) The project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on February 14, 1983 and approved by the Planning Commission on February 23, 1983. .. 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the 'lanning Commission of the City of Carlsbad, California, held on .he 23rd day oE February, 1983, by the following vote, to wit: AYES: NOES : ABSENT : ABSTAIN : CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION iTTEST: IICHAEL J. HOLZMILLER ,AND USE PLANNING MANAGER IC RES0 NO. 2081 .2 DATE : TO: FROM : SUBJECT: I. STAFF REPORT February 23, 1983 Planning Cornmission Land Use Planning Office ZCA-161 - CITY OF CARLSBAD - An amendment to the Zoning Ordinance to allow certain intrusions into rear and side yard setbacks adjacent to permanent open space at the discretion of the Land Use Planning Manager. RECOMMENDAT I ON - It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and -- ADOPT Resolution No. 2081 recommending APPROVAL of ZCA-161 to the City Council based on the findings contained therein. 11. PROJECT DESCRIPTION AND BACKGROUND This is an amendment to the Zoning Ordinance to permit certain intrusions into side and rear yard setbacks that are immediately adjacent to permanent open space. Specifically, it would permit uncovered decks, balconies and raised patios to intrude all the way to rear or side lot lines immediately adjacent to permanent open space areas. The permitted intrusions would be limited to open decks, balconies and raised patios only, to allow for the construction of these private amenities to take advantage of the views afforded by the adjacent open space. These intrusions would be allowed at the discretion of the Land Use Planning Manager so that he would have the ability to deny intrusions that would adversely affect adjacent property owners. The Land Use Planning Manager would follow the procedures of Chapter 21.51 (Administrative Variances), however, the required findings of a variance would not have to be made. Staff was directed to prepare this Zone Code Amendment by the Planning Commission at their meeting of January 26, 1983. At that time, the Commission denied, without prejudice, a request for a variance to permit an intrusion into a rear yard setback aajacent to the La Costa Golf Course. Although the Commission had no problem with the request, they could not make the four findings required to grant a variance. The proposed zone code amendment would permit the City to allow this type of intrusion without requiring a variance. Staff feels the proposed zone code amendment would allow more design flexibility and greater utilization of properties adjacent to permanent open space, yet still protect adjacent property owners from intrusions that would adversely affect them, therefore, staff recommends approval of ZCA-161. c 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on February 14, 1983. ATTACHMENTS 1) Planning Commission Resolution No. 2081 2) Exhibit "A", dated February 9, 1983 3) Environmental Documents MH : bw 2/9/83 -2- . . DEVECOT-'MEI\IT'AL S ER V I C E S LAND IJSE PLANNING OFFICE . 1200 ELM AVENUE CARLSBAD, CALI{-OHN I/\ 92008-1 989 (619) 438-5591 PLEX5E TAKE NCYI'ICE : The Land Use Planning Officz of thz City of Carlsbad intends to prepare a Keqativc C'xlaration for the following project : Proiec t C~scriptiori : Zone cede cirxenGrm-Lt to permit encroachn-imts into set.bw:)ts cd-jacmt to opnn space arras. Project a.ddre.ss/Locations .City of Ca.rlshad. \$e need to know ycwr ideas zkm~t the effect this project might have on the e:lvirc;swn-t and your sugJ.-T=sc;ti.cx-L:; fQjy ways the project: could be revised. to reduce or avoid any s~-yniEicant environ9.tt.ntal dcmac;e. your idza.5 will he1.p us dwi.de vhat issues to analyze in the envirnn- mental review of this project. Your cements on the envjrolmenkal impact of th? proposed pro:jcct may be suhnittcd in writing to the Lard Us=! Planninq OF-ficc, 1200 Elin Av~I~u~, Carlsbad, CA 92008, no later than F~bruary 24, 1963. DATED: February CASE NO: ZCA-16 APPLICANT: City 3, 1983 b PUnLTSiI DA'I'E: February 9, 1983 KD 3 518 I /" 1 A .. \, i ORDINANCE NO. 9675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.46 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.46.120(7) TO ALLOW CERTAIN INTRUSIONS INTO SIDE AND REAR YARD SETBACKS ADJACENT TO PERMANENT OPEN SPACE SUBJECT TO A PERMIT ISSUED BY THE LAND USE PLANNING MANAGER. The City Council of the City of Carlsbad does ordain as follows : SECTION 1: That Title 21, Chapter 21.46 of the Carlsbad Municipal Code be amended by the addition of Section 21.46.120(7) to read as follows: fo or (7) Upon approval of the Land Use Planning Manager the llowing intrusions may project to the property lines of side rear yards immediately adjacent to permanent open space areas : extend above the existing ground level. Manager shall follow the procedures as set forth in Chapter 21.51 of this Title except that the findings stated in Section 21.51.010(2) (A) and (B) need not be made. The Land Use Planning Manager shall find that approval of the variance will not cause any adverse physical or visual impacts on adjacent properties. (A) Unenclosed balconies, patios and decks which In making the determination, the Land Use Planning 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 adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 15th day of b~hrch I 19 -' 83 and thereafter /// /// /// 2 1 2 3 4 5 6 7 a 9 10 11 12 9 19 20 21 22 23 24 25 26 27 20 PASSED AND ADOPTED at a regular meeting of said City Council held on the 5th day of &I ril 19 83 by the following vote, to wit: AYES: NOES: None ABSENT: None Council &&ers CAsler, Wwis, Kulchin, Chick and Prescott 1 MARY H.&ASLER, Mayor ATTEST: dz4LzZ.w dfiLL ALETHA L. RAUTENKRANZ, City Clerjc / (Seal ) 3 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 Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, 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: I. . v I ,* .I JC’ 11” NOI’ICBW PUB.LIC .C ., e ‘ HE4yKl . * .. - , ??-I I 4 , 3’ - the City J: a 1201) Elm AvefiIk rnia.. at 6 00 P.?&.O$~s&~, Wrch 1%. 1983, to conalder i)n application fsr a zone cod& snldndment io allowL certain inqp s into side and, rear yartl sc~%ks adjacent to,- permanent g)oRmace on pmperfy generally located in the CltS Gf.’ Carlsbad Applicant City of Carlsbad CARLSBAD CITY COUNClir CI W235 March 2.1983 2M-4182 ........... March.?.. ............ 1983. ................................. 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 2nd day of MzIyl-.h 1_98_1 ” -- 1 r \,yJh-k.JC~.d i \&Ln,, i Clerk of the Printer h,fICE OF PUBLIC HEARING ZCA-161 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, March 15, 1983, to consider an application for a zone code amendment to allow certain intrusions into side and rear yard setbacks adjacent to permanent open space on property generally located in the City of Carlsbad. PUBLISH: March 2, 1983 APPLICANT: City of Carlsbad CARLSBAD CITY COUNCIL .. .- I c NOTICE OF PUBLIC “G NOTICE IS HEREBY GIVEN that the Planning Conmission of the City of Carlsbad will hold a public hearing at the City Council ChanlSers, 1200 Elm Avenue, Carlsbad, California, at 7:OC p.m. on Wednesday, February 23, 1983, to consider approval of a zone code amendment to allow certain intrclsions into side and rear yard setbacks adjacent to permanent open space on property generally located in the City of Carlsbad. Those persons wishing to speak on this proposal are cordialfty invited to attend the public hearing. Office at 438-5591. If you have any questions please call the Land Use Planning CASE FILE: 2’3-161 APPLICANT: CITY OF CARLSBAD PUBLISII : February 12, 1983 , *;