HomeMy WebLinkAbout1985-02-05; City Council; 6589-1; Zone Code Amendment to Modiy Parking Requirement48#-
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DEPT. CLK
RECOMMENDED ACTION:
DEPT. HD.~ I?
CITY MOR.&
I TITLE ZONE CODE AMENDENT TO MODIFY PARKING SETBACK REQUIREMENTS CITY Am*- ZCA- 133
Adopt Ordinance No. 775a , amending Title 21, Chapter 21.44, Section
21.44.160( 6) by reducing the sideyard setback requirement of uncovered parking
areas.
ITEM EXPLANATION:
The attached ordinance was introduced by Council at their meeting held May 5,
1981. Through oversite, the ordinance was never returned to Council for
adoption. Though never adopted, staff has implemented the ordinance since 3une
18, 1981, the date the ordinance would have been effective had it been adopted in accordance with the normal procedure.
In order to complete the action so the ordinance may be codified, it needs to be
adopted by the City Council.
EXHIBITS :
1. Copy of Agenda Bill 86589, as presented to Council on May 5, 1981.
2. Ordinance No. c) 762 , amending the Municipal Code by reducing the
sideyard setback of uncovered parking areas.
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ORDINANCE NO. 9752
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.44 (USES GENERALLY) , SECTION 21.44.160
SUBSECTION 21.44.160( 6), BY REDUCING THE OF THE CARLSBAD MUNICIPAL CODE BY AMENDING
SIDEYARD SETBACK OF UNCOVERED PARKING AREAS.
The City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION I: That Title 21, Chapter 21.44, Section 21.44.160 of the Carlsbad
Municipal Code is amended by the amendment of Subsection (6) to read as
follows :
(6) PLANS: building and planning director at the time of the application for the
building permit for the building to which the parking area is accessory. The plans shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping and other
features and appurtenances of the proposed parking lot.
The plan of the proposed parking area shall be submitted to thc
All parking areas in the R-A, R-E and R-1 zones shall be subject to the samc
restrictions governing accessory buildings as defined in the zone in which
the parking area is located. In all other residential zones, the sideyard
setback of uncovered, off-street parking areas may be reduced up to zero
feet provided that a six-foot high masonry wall is built along the property line adjacent to the setback area.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance anc
cause it to be published at least once in the Carlsbad 3ournal within fifteen
days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
held on the 5th day of May , 19 81 , and thereafter.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of thc
:ity of Carlsbad on the 5th day of February , 1985, by the
'ollowing vote, to wit:
AYES: Council YIrs Casler, Iewis, Kulchin, Chick and Pettine
NOES: None
ABSENT None
%- MARY H. CAFER, J&& Mayor
ATTEST:
LLi!QxL/Q& ALETHA L. RAUTENKRANZ, City Clerk>
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AGENDA BILL
AGENDA BILL NO: 6 s" 7
DATE: MAY 5, 1981
DEPARTMEXT : PLANNING
INITIAL: BH:TS
CTY. ATTY.
SUBJECT: EA-133 - ZONE CODE AMENDMENT TO MODIFY PARKTNG SETBACK RE&UIRB"TS
STATEMENT OF THE MATTER:
This is a request to amend Section 21.44.160(b) of the Carlsbad Municipal Code to modify the requirements that all open parking spaces be setback from the side property line a distance equivalent to the sideyard setback in the R- 2, R-3 and RDM zones. Presently, the Zoning Ordinance treats open parking spaces
the same as accessory buildings when determining sideyard setbacks. Staff be- lieves that requiring open parking spaces to be setback from the side property line is not reasonable nor necessary in all cases. This amendment would allow
open parking spaces to be located to the side property line if a six foot high masonry wall is built along the property line.
item
The of reducing the sideyard setback requirement for open parking is
that more usable space is created onsite for open recreation, landscaping and
buildings. Also, the basic purpose of sideyard setbacks (i .e., light and air,
and emergency access) would still be served because the parking would not be
covered and emergency access would be provided by the driveway leading to the
parking spaces. Overall, staff feels this modification will enable more flex- ible design of multiple family residential projects.
advantage
Through have been satisfactorily resolved. staff review and Planning Commission hearing, all issues on this matter
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not cause any signi-
ficant environmental impacts and, therefore, has issued a Negative Declaration, dated March 25, 1981, which was approved by the Planning Commission on April 8, 1981. A copy of the environmental documents is on file in the Planning Depart- ment.
RECOMMENDATION
Both the Planning staff and Planning Commission recommend that this application be APPROVED and that the City Attorney be directed to prepare documents APPROV- - ING ZCA-133 per Planning Commission Resolution No. 1794.
ATTACHMENTS
1 . Planning Commission Resolution No. 1794
2. Staff Report
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PLANNING COMMISSION RESOLUTION NO. 1794
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 21.44.160(6) BY REDUCING THE SIDEYARD SETBACK REQUIREMENT OF UNCOVERED PARKING AREAS. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-1'3'3
WHEREAS, the Planning Commission did, on the 8th
day of April, 1981, 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 of the city of Carlsbad as follows:
A) 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-133, according to Exhibit "A", dated April 8, 1981, attached hereto and made a part hereof, based on the following findings:
Findings :
1) Reducing setback requirements for open parking areas will provide for greater flexibility of design for apartments
and condominiums in the R-2, R-3 and RD-M zones while main- taining minimum safety standards.
2) The proposed setback reductions will not negatively affect emergency vehicle access and other emergency services to proposed or existing projects in the R-2, R-3 and RD-M zones.
3) That the project will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director, dated March 25, 1981, and approved by the Planning Commission on April 8, 1981.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the Planning Commission of the city of Carlsbad, California,
held on the 8th day of April, 1981, by the following vote, to
wit:
AYES : Commissioners Marcus, Rombotis, Leeds, Larson,
NOES : None.
ABSENT : None.
ABSTAIN: None.
L'Heureux, Friestedt and Jose.
US, Chairman
PLANNING COMMISSION
ATTEST :
PC RES0 #1794 -2-
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d- EXHIBIT "A" APRIL 8, 1981
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.44 (USES GENERALLY), SECTION 21.44.160
SECTION 21.44.160(6), BY REDUCING THE SIDEYARD SETBACK OF UNCOVERED PARKING AREAS.
OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SUB-
The City Council of the city of Carlsbad,
California, does ordain as follows:
SECTION I: That Title 21, Chapter 21.44, Section
21.44.160 of the Carlsbad Municipal Code is amended by the
amendment of Subsection (6) to read as follows:
(6) PLANS: The plan of the proposed parking area
shall be submitted to the building department at the time of the application for the building permit for the building to which the parking area is accessory. The plans shall clearly indicate the proposed develop-
ment, including location, size, shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking lot.
All parking areas in the R-A, R-E and R-1 zones shall be subject to the same restrictions governing accessory
buildings as defined in the zone in which the parking area is located. In all other residential zones, the sideyard setback of uncovered, off-street parking areas may be reduced up to zero feet provided that a six-foot high masonry wall is built along the property line adjacent to the setback area.
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
zt least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
:arlsbad City Council held on the day of 9
I981 , and thereafter.
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PASSED, AND ADOPTED at a regular meeting of said City
Council held on the day of 1981 by
the following vote, to wit:
AYES:
NOES :
ABSENT :
RONALD C. PACKARD, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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STAFF REPORT
DATE : April 8, 1981
TO: Planning Commission
FROM : Planning Department
SUBJECT: ZCA-137 - CITY OF CARLSBAD - Amendment to the Zoning Ordinance to modify Section 21.44.160(6) of the parking requirements regarding the sideyard setback for
uncovered parking areas.
I. PROJECT DESCRIPTION AND ANALYSIS
This Zone Code Amendment proposes to amend Section 21.44.160(6) of the Zoning Ordinance. This section presently reads:
"All parking areas shall be subject to the same restrictions governing accessory buildings as defined
in the zone in which the parking area is located.1f
The proposed change would read:
"All parking areas in the R-A, R-E, and R-1 zones shall
be subject to the same restrictions governing accessory
buildings as defined in the zone in which the parking area is located. In all other residential zones, the sideyard setback of uncovered, off-street parking areas may be reduced up to zero feet provided that a six foot high masonry wall is built along the property line adjacent to the setback area.''
Presently, the setback restrictions for on-site parking areas in residential zones, as defined in the code are:
"A nondwelling accessory building may build to the rear lot line and to the side lines to the rear of the
required side yard, provided if the lot rears upon an alley such accessory building shall maintain a distance of not less than five feet from the rear lot line and may build to only one side lot line and shall maintain a sideyard of not less than five feet from the other side lot line."
The intent behind the code in this respect is to leave the required sideyards open and unobstructed, primarily for emergency access. This is a very useful and necessary require-
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ment with regard to accessory buildings. Uncovered parking
areas, however, contain an access driveway which remains unobstructed and can be utilized for emergency access when necessary. Staff feels that an additional side yard setback is unnecessary and that the area of the present sideyard requirement could be more efficiently utilized elsewhere within
the interior design of the site. While a long and narrow landscaped area along the side property lines of a multi-unit residential project is of a very limited value to its residents, that same percentage of the lot could be developed as usable recreation or additional storage areas within the center of the project.
To eliminate the potential problem of automobile lights from the parking area shining into adjacent residential units, to reduce noise and to separate the different lots, staff recommends a six- foot high masonry wall be required along the property line adjacent to the setback area. Additionally, it should be noted that these parking spaces within the setback may not be covered as this could interfere with the 10 foot required distances between structures on adjacent lots.
With these precautions in mind, staff feels that this amendment could lead to more imaginative and workable designs while not sacrificing safety or aesthetics.
11. ENV I RONMENTAL REVIEW
The Planning Director has determined that this project will not have a significant effect on the environment and therefore issued a Negative Declaration, dated March 25, 1981.
111. RECOMMEND AT ION
It is recommended that the Planning Commission approve the Negative Declaration issued by the Planning Director and adopt Resolution No. 1794, recommending APPROVAL of ZCA-133, based upon the findings contained therein.
ATTACHMENTS 1 ) PC Resolution No. 1794 2) Exhibit "A", dated April 8, 1981 3) Environmental Documents
PJK:ar 4/1/81
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. 1200 ELM AVENUE .,
CA9LSB40. CALIFOHNIA 92OOa
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PROJECT
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: L. .. . .. . . : . _. NEGATIVE DECLW\ATIO?J
ADDRESS/ LocI\TICJY : N/A .- - .. . ..
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PROJECT' EESCRTFTIQY: Zone cede amendmnt to-modify. Section 21-44.16016)
of the parking regulations.
Director to reduce 0. the side-yvd. setback of uncovered, off-street parking
areas to zero provided a 6' high qmmnry wall is built along the property
line.
Specifically, *is muld allw the Planning - I-
The City of Carlshad has conducted an environmental review of the abye described projcct pursuant to the Guidelines for Implementation of thc California Enviromentzl Quality Act and the .Envirom:cntal Protection Orchance of the City of Corlsbad. As a result of said review, a Kegativc Declaration (declarztion that the project will not have a significmt impact on the envirorment) is hcrcby issued for the subject project. Planning Departrncnt. Justificacion for this action is on file TI the
A copy of the Ncgativc Declaration with sqyortive documents is on file in the
Planning Dcpnrtmnt, City Ibll, 1200 Elm from the public arc invited. Please stdin Department within tcn (10) clays of date
D.Yi'E1): -2s /40[
CASE NO: ZCA-133
PUfU.1 S! I T);YI*I: : March 25, 1981
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
QCitp Of aar1s't;az
PUBLIC NOTICE OF PREPARATION
PLEASE TAKE NOTICE:
The Plaming Department of the City of Carlsbad intends to prepare a
Environmental Impact Report for the following project: x Negative Declaration, Conditional h'egative Ikclaration,
-6) Project Description: Zone Code Amendlment to rrodifv Section 21.44.360 I
of the par~& ations. Swif-y, t-11ii a71m.7 +-
Director to reduce the side-yard setback of unmvcxed, off-street
parking areas to zero pmvided a 6' high masonry wall was built dona
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TELEPHONE:
43'14) 729-1181
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the property line.
Proiect addresdlocation: 'N/A ---.I--- ~ ,- ..
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.. .. ..... Anticipated significant impacts: "E
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.We need to how your ideas about the effect this project might have on
the environment and your suggestions for v.-ays the project could be re- vised to reducc or avoid any signiiicant enviroimental clamage.
idcas will hclp us dccide what issucs to analyze in the environmental review of this project.
Your
Your commcnts on the.environmcntal impact of the proposed pi-oject may
be submittal in writing to the Planning Department, 1200 El~n Avenue,
Carlsbail, CA 92008, no later than March 25, 1981
a+, HC31
Planning rlircctor
Ci ty of Carl shad
CASE NO: ZCA-133 .
NW,TCN\SI': CITY OF czAF&sRm
PLfI31,T 91 IhI'rE : March 4, 1981
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