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HomeMy WebLinkAbout1984-11-20; City Council; 7967; Regulating garage in R-1 ZoneCITCIF CARLSBAD - AGENDL~LL W# 7767 MTG. 11/20/84 )EPT. PLN TITLE: ZONE CODE AMENDMENT REGULATING GARAGES IN THE R-1 ZONE. ZCA-176 - CITY OF CARLSBAD. DEPT. HD.~ CITY MOR.-+ CITY ATTY- RECOMMENDED ACTION: Both the Land Use Planninq staff and Planninq Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. ?7qa . ITEM EXPLANATION This item is an amendment to the zoning ordinance that would remove the limitation on the number of cars a private garage could accommodate in the R-1 zone. Presently, the R-1 zone permits private garages that accommodate no more than three cars. Carlsbad has many R-1 lots which could accommodate private garages containing more than three cars. The amendment would allow property owners to erect a structure to accommodate an unspecified number of vehicles if the following criteria can be met: 1) All setbacks, lot coverage and height restriction 2) All vehicles must be solely for the use of the occupant 3) The garage must be compatible with the surrounding requirements are adhered to; of the residence: and neighborhood. The Planning Commission found that this amendment was consistent with the stated intent of the general plan to protect the public's welfare since it will increase the likelihood that extra vehicles on an R-1 lot will be stored in a garage instead of in a more visible location on the property. 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 September 18, 1984, which was approved by the Planning Commission on October 24, 1984. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACT Approval of this item will not create any fiscal impacts to the city. EXHIBITS 1. City Council Ordinance No. 97Lja 2. PC Resolution No. 2374 3. Staff Report, dated October 24, 1984 I 1 , d d t 1 I i r I I 1( 13 1: 1: 14 1: 1f 17 1E 19 2c 21 22 23 24 25 26 27 28 ORDINANCE NO. 9742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.10, SECTION 21.10.010 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.10.010(2) REGARDING PRIVATE ,GARAGES (IN THE R-1 ZONE. The City Council of the City of Carlsbad, California, does Drdain as follows: SECTION 1: That Title 21, Chapter 21.10, of the Carlsbad Yunicipal Code is amended by the amendment of Section 21.10.010(2) to read as follows: (2) Accessory buildings and structures, including private garages to accommodate vehicles owned, operated and used by residents of the dwelling unit and which are compatible with the surrounding neighborhood in which the residence is located. EFFECTIVE DATE: This ordinance shall be effective thirty iays after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least ince in the Carlsbad Journal within fifteen days after its sdopt ion. INTRODUCED and first read at a regular meeting of the Zarlsbad City Council held on the 20th day of October, 1984, and :hereafter; 'I// I/// //// I/// 'I// '/// '/// '/// '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 _- PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council held on the 4th day of December, 1984, by the following vote, to wit: AYES: NOES : None ABSENT: None Council Mrbrs Casler, Lewis, Kulchin, Chick and Pettine ATTEST : && l?+ ALETHA L. RAUTENKRANZ, City C1 (SEAL) 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. 2374 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, SECTION 21.10.010, OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF SUBSECTION 21.10.010(2) REGARDING PRIVATE GARAGES IN R-1 ZONES. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-176 WHEREAS, the Planning Commisson did, on the 24th day of October, 1984, 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 above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-176, according to Exhibit "A", dated October 10, 1984 , attached hereto and made a part hereof, based on the following findings: Find ings This zone code amendment is consistent with the General Plan's intent of preserving the public's health, safety and welfare since it will enhance the residential character of a neighborhood by encouraging the enclosed accommodation of extra vehicles. 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. This zone code amendment will not cause any significant adverse impacts on the environment because a Negative Declaration was issued by the Land Use Planning Manager on September 18, 1984, and approved by the Planning Commission on October 24, 1984. 3 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 the 24th of October, 1984, by the following vote, to wit: ATTEST: AYES: NOES : None. chairman - ‘s, Comnissioners Marcus, Farraw, Schlehuber, McFadden, smith and L’HeureLlx. ABSENT: None. ABSTAIN: None. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2374 -2- STAFF REPORT 8 DATE : October 2'4, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: ZCA-176 - CITY OF CARLSBAD - A zone code amendment regulatinq garaqes in the R-1 zone. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2374 recommending APPROVAL of ZCA-176 to the City Council, based on the findings contained therein. 11. PROJECT DESCRIPTION This item is an amendment to the zoning ordinance to modify ,the regulations regarding private garages in the R-1 zone. Specifically, this amendment would remove the limitation on the number of cars a private garage could accommodate. 111. ANALY S IS Discussion This amendment was initiated as a result of complaints from home builders in the City who wanted to erect private garages for more than three vehicles and were not allowed to do so by the City's zoning regulations. Presently, the R-1 zone permits "accessory buildings and structures, including private garaqes to accommodate not more than three cars." Carlsbad has many R-1 lots that could accommodate both a large home and a 3-plus car garage. Staff believes the present regulations are denying these homeowners a property right to fully utilize their land. This amendment would allow property owners the right to erect a structure to accommodate an unspecified number of vehicles as long as all setbacks, lot coverage, and height restrictions were met. Also, the vehicles must be solely for the use of the occupant of the residence and the garage must be compatible with the surrounding neighborhood. Staff believes this amendment is also consistent with the stated intent of the general plan to protect the public's health, safety and welfare. It will further enhance the residential character of a neighborhood by increasing the liklihood that extra vehicles will be maintained in a garage instead of in more visible locations on the lot. 5' This amendment was initiated at the request of a property owner who would like to have a four-car garage in La Costa. Staff presented this request to the Planning Commission as an information item and the Commission directed staff to prepare this zone code amendment. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that the project will not have a significant impact on the environment, and, therefore, has issued a Negative Declaration on September 18, 1984. Attachments 1) Planning Commission Resolution No. 2374 2) Environmental Documents 3) Exhibit "A", dated October 10, 1984 AML : ad 10/11/84 -2- Carlsbad Journal Decreed o Legal Newspaper by the Superior Court of Son Diego County 31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 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 Sun 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 Sun 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 NOTICE OF PUBLIC AEARING - the following dates, to-wit: EA-176 NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- had will hold a public hearing at the City Council Chambers, 1200 at 6:W P.M. on Tsesday, November 20.1984, td conbidet an amendment to the Zoqing Ordinance regarding the number of private garages allowed in the R-1 zone. Applicant City of Carlsbad U k4: Ndvember 0 I Elm Avenue, Carlsbad, California, Kovexber 10 ?9.% ................................. ................................. 19 .... ~ AwBwPp-gJ~~ ................................. 19 .... ............................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsba County of San Diego, State of California on day of Scv~ ?j]''P , ~ 'iGCI* tf-e tbth L L i, , ,/ /\\ f\ ~ Clerk of the Printer 2M-4/82 c - NOTXCE OF PUBLIC HEARING Z CA-17 6 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, November 20, 1984, to consider an amendment to the Zoning Ordinance regarding the number of private garages allowed in the R-1 zone. APPLICANT: City of Carlsbad PUBLISH : November 10, 1984 CARLSBAD CITY COUNCIL ‘. L - A NOTICE OF HTBLIC HEARING NmCE IS HEREBY GIVEN that the Planning Cmission 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 Wednesday, October 24, 1984, to mnsider an amendment to the Zoning Ordinance regarding the number of private garages allowed in the R-1 zone. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Off ice at 438-559 1. If you have any questions please call the Lad Use Planning CASE FILE: ZCA-176 APPLICANT: City of Carlsbad PUBLISH : October 13, 1984