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HomeMy WebLinkAbout1986-01-28; City Council; 8493; Size of garages in residential zones&Parking space0 z An 3 TITLE: ZONE CODE AMENDMENT REGULATING THE SIZE OF GARAGES IN RESIDENTIAL ZONES MT6-128 f 86 AND PROHIBITING THE RENTAL OF PARKING DEPT. PLN SPACES/GARAGES IN MULTI-FAMILY ZONES. 4B#L \D m I m Iv I rl DEPT. HD. ClTYAm MGR. c I' OF CARLSBAD - AGENt BILL RECOMMENDED ACTION: Approve the Negative Declaration prepared by the Planning Director and introduce Ordinance No. 97pa , APPROVING ZCA-185. ITEM EXPLANATION This item is a zone code amendment regulating the size of garages in residential zones and prohibiting the rental of parking spaces/garages in multi-family zones. The first portion of this zone code amendment deals with the dimensions of residential garages. Presently the Zoning Ordinance does not address this issue and staff has to rely on administrative policies which do not address all possibilities and are often challenged. The proposed amendment will establish workable dimensions for single car garages, double car garages and underground garages with shared open parking. The second part of this amendment prohibits the rental of parking spaces or garages in multi-family projects to non-residents of the project. This section was added because staff has been made aware of instances in the beach area where apartment owners have been renting garages and parking spaces in their projects to non- residents of the project. When this occurs it only exacerbates the existing arking problem in the beach area. This amendment should give stafP the ability to prevent this from occuring. This zone code amendment was discussed at the October 9th, November 13th and December llth, 1985 Planning Commission meetings. The proposed zone code amendment was approved on December 11, 1985 by a vote of 7-0. For more details of the proposed zone code amendment see the attached staff report. ENVIRONMENTAL REVIEW This amendment will not have any significant impacts on the environment and a Negative Declaration was prepared by the Planning Director on August 10, 1985 and recommended for approval by the Planning Commission on November 13, 1985. FISCAL IMPACT Staff time in enforcing the ordinance which should not be significant. EXHIBITS 1. City Council Ordinance No. 9 772 2. Planning Commission Resolution No. 2496 3. Staff Reports to the Planning Commission dated November 13, 4. Environmental Document 1985 and October 9, 1985. 1 2 3 4 8 9 10 11 12 13 34 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO . 9792 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21 . 44, OF THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 21.44.230 TO ESTABLISH GARAGE STANDARDS IN RESIDENTIAL ZONES. The City Council of the City of Carlsbad, California, does ordain as follows: 1 Section 1: That Title 21, Chapter 21.44, of the Carlsbad Municipal Code is amended by the additions of Section 21.44.230 to read as follows: 21.44.230 Required garage standards in residential zones. Required garages in residential zones shall be constructed accordin to the following standards: (a) Garage area in the R-1 zone. All garages shall have minimum dimensions of 20' x 20' as measured from the interior wall edges of the -garage. (b) Garage area in multi-family zones. ( 1) Single-car garage. All garages shall have minimum dimensions of 12' x 20' as measured from the interior wall edges of the garage. (2) Double-car garages (both spaces for same unit) . All garages shall have minimum dimensions of 20' x 20' as measured from the interior wall edges of the garage. (3) Multi single-car garages in one structure. Each separate, single-car garage shall have interior dimensions of 12' x 20', exclusive of supporting columns. As a minimum, each space shall be separated from the adjacent garage, floor to ceiling, by a permanent stud partition with 1/2" gypsum board on one side, where maintain a standard stall size of 8 1/2' x 20', exclusive of supporting columns or posts. A backup distance of 24' shall be maintained in addition to a minimum 5' turning bumpout located at the end of any stall series. (d) In all residential zones other than R-1, garages, parking stalls, carports, and RV parking spaces (excluding those in1 approved RV parking lots) shall be for the exclusive use of the residents only and shall not be separately sold or rented to non- 1 residents of the property. I no additional fire protection is required. I (c) Underground garages with shared open parking shall , //// //// //// ///I I. 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 28th day of January , 1986, and thereafter PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of February , 1986, by the following vote, to wit: AYES: NOES: Council Member Chick Council Members Lewis, Kulchin and Pettine ABSENT : Council Member Casle CLAUDE A. LEWIS, Mayor Pro-Tem ATTEST: (24ZA4AR~ ALETHA L. RAUTENKRANZ, City Cldrk (SEAL) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 22 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2496 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DECLARATION AND A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.44, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION 21.44.220 TO ESTABLISH GARAGE STANDARDS IN RESIDENTIAL ZONES. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-185 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE NEGATIVI WHEREAS, the Planning Commission did, on the 9th day of Xtober, 1985, 13th day of November, 1985 and the 11th day of iecember, 1985, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: 4) 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-185, according to Exhibits "A" and "B", dated September 16, 1985, attached hereto and made a part hereof, based on the following f i nd ing s : Finding s : 1) 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 onsite vehicular parking and minimum garage sizes. 2) This zone code amendment is consistent with the General Plan's intent for residential zones which is to allow residential uses and adequate parking to serve these residents. 4 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) 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 August 10, 1985, anc recommended for approval by the Planning Commission on Novembei 13, 1985. PASSED, APPROVED AND ADOPTED at a regular meeting of the ?lanning Commission of the City of Carlsbad, California, held on the I1 th day of December, 1985, by the following vote, to wit: AYES : NOES : ABSENT : ABSTAIN : 4TTEST : Chairman Schlehuber, Commissioners: L'Heureux, Marcus, McFadden, Smith, Holmes and Hall. None. None . None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION IICHAEL J. HOLZMILLER ,AND USE PLANNING MANAGER 'C RES0 NO. 2496 -2- 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 EXHIBIT "A" SEPTEMBER 16, 1985 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.44, OF THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 21 .44.220 TO ESTABLISH GARAGE STANDARDS IN RESIDENTIAL ZONES. The City Council of the City of Carlsbad, California, does Drdain as follows: Section 1 : That Title 21, Chapter 21 -44, of the Carlsbad Hunicipal Code is amended by the additions of Section 21 .44.220 to read as follows: 21 -44.220 Required garage standards in residential zones. Required garages in residential zones shall be constructed accordinc to the following standards: (a) Garage area in the R-1 zone. All garages shall have ninimum dimensions of 20' x 20' as measured from the interior wall zdges of the garage. (b) Garage area in multi-family zones. (1) Single-car garage. All garages shall have ninimum dimensions of 12' x 20' as measured from the interior wall zdges of the garage. (2) Double-car garages (both spaces for same unit). 411 garages shall have minimum dimensions of 20' x 20' as measured Erom the interior wall edges of the garage. (3) Multi single-car garages in one structure. Each ;eparate, single-car garage shall have interior dimensions of 12' x 20', exclusive of supporting columns. As a minimum, each space ;hall be separated from the adjacent garage, floor to ceiling, by a ?ermanent stud partition with 1/2" gypsum board on one side, where IO additional fire protection is required. naintain a standard stall size of 8 1/2' x 20', exclusive of supporting columns or posts. A backup distance of 24' shall be naintained in addition to a minimum 5' turning bumpout located at :he end of any stall series. (d) In all residential zones other than R-1, garages, ?arking stalls, carports, and RV parking spaces (excluding those in npproved RV parking lots) shall be for the exclusive use of the residents only and shall not be separately sold or rented to non- residents of the property. (c) Underground garages with shared open parking shall 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 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 3nce in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Zarlsbad City Council held on the - day of , 1986, by thf following vote, to wit: AYES: NOES : ABSENT : MARY CASLER, Mayor 4TTEST : 4LETHA L. RAUTENKRANZ, City Clerk (SEAL) 2 7 -7ARAGE STANDARP", CITY OF CARLSBAD ZCA 185 17.2' * I I AUTO D 1 MENOIONS FOR A MEDIUM WIDTH CAR SINGLE CAR GARAGE //////////I /// DOUBLE CAR GARAGE MULn * SINGLE CAR GARAGE IN ONE STRUCTURE EXHIBIT E SEPT le, 1985 STAFF REPORT DATE : TO : FROM : SUBJECT: I. That the Decl Reso NOVEMBER 13, 1985 PLANNING COMMISSION PLANNING DEPARTMENT ZCA-185 - CITY OF CARLSBAD - A zone code amendment regulating the size of garages in residential zones. RECOMMENDATION Planning Commission recommend APPROVAL of the Negative aration issued by the Land Use Planning Manager and ADOPT lution No. 2496 recommending APPROVAL of ZCA-185 to the City Council, based on the findings contained therein, 11. PROJECT DESCRIPTION This item is an amendment to the zoning ordinance to regulate the interior dimensions of private garages in residential zones. DISCUSSION This item was discussed at the Planning Commission meeting of October 9, 1985. At that time, regulations were also included to prohibit the rental of required parking spaces and staff was directed to reconsider the issue. This item was removed from the resolution at the direction of the Commission. Staff would like to call the Commission's attention to several issues regarding the rental of required parking spaces. 1) Lack of parking has recently been raised as an issue, especially in the beach area, A number of complaints have been received by the City regarding the fact that garages and parking spaces for apartments and condos have been rented out leaving the tenants without parking. The proposal prohibiting rentals was an attempt to alleviate potential parking problems. 2) The rental of a garage or a parking space for parking of non-resident vehicles or for storage purposes is not a permitted use in residential zones, therefore, the proposed addition only clarifies an existing situation. Staff feels very strongly that rental prohibition should be included in the ordinance, however, at the Commission's direction, it has been removed. Please refer to the attached staff report for a discussion of regulations regarding garage sizes in residential zones. ATTACHMENTS 1. Planning Commission Resolution No. 2496 2. Exhibit "A" dated September 16, 1985 3. Staff Report dated October 9, 1985 AML : ad 11/5/85 -2- STAFF REPORT 4 8 '4 L .' DATE: TO : FROM: SUBJECT: I. OCTOBER 9, 1985 PLANNING COMMISSION LAND USE PLANNING OFFICE ZCA-185 - CITY OF CARLSBAD - A zone code amendment regulating the size of garages in residential zones and prohibiting the rental of residential parking spaces/garages. RECOMMENDATION That the Planning Commission recommend APPROVAL of the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2496 recommending APPROVAL of ZCA-185 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 residential zones. Specifically, this amendment would regulate interior dimensions of private garages and prohibit rentals of required parking spaces. 111. ANALY S I S Discuss ion This amendment has been proposed by staff to clearly define the dimensions of residential garages. Presently, the Zoning Ordinance does not address this issue and the only direction staff uses is a departmental administrative policy specifying that double-car garages have minimum interior dimensions of 19' x 19'. This policy does not clarify all issues because the dimensions of single car garages and multi-single car garages in one structure were never addressed. Therefore, difficulties arise when developers propose 9' wide garages which staff believes are too small to easily allow residents to enter or exit their cars. Staff believes it would be more advantageous to staff and the public to have the regulations clearly stated in the Zoning Ordinance. As indicated on Exhibit B, a width of 12' for a single car garage was chosen rather than 10' (half the width of a double car garage). Engineering staff recommended a 12' width based on data-taken from Parking Standards Report, Vol. 1, which indicated that a medium size car occupied 12.3' with both front doors open. It was felt, therefoke, that 12' should be the minimum width required. This width would also provide a small amount of storage area. A section was also added to the proposed ordinance stating that garages and parking stalls may not be rented. This was added because it has come to staff's attention that garages in condominium and apartment projects have been rented to people who are not residents of the project. Staff believes this practice violates the intent of parking requirements. This is of particular concern in the beach area where parking is already at a premium and the turnover rate of tenants is more frequent. The only benefit from this type of rental is a financial one to the property owner. staff believes this amendment is also consistent with the stated intent of the General Plan to protect the public's health, safety and welfare. Off-street parking would be further encouraged in already congested areas. In addition, garage sizes would be standardized throughout the City. Staff, therefore, recommends approval of ZCA-185. 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 August 10, 1985. ATTACHMENTS 1) Planning Commission Resolution No. 2496 2) Exhibit "A", dated September 16, 1985 3) Exhibit "B", dated September 16, 1985 4) Environmental Document AML : bn 9/16/85 -2- D EV EL0 PM ENTAL SERVICES LAND USE PLANNlNG OFFlCE Citp of CarIs'bab NEGATIVE DECWATION PROJECT ADDRESS/LOCATION: City of Carlsbad. 1200 ELM AVENUE CARLSBAD, CA 92008-1989 (619) 438-5591 PROJECT DESCRIPTION: Ordinance to establish residential garage standards and prohibit the rental of residential parking spaces/garages. The City of Carlsbad has conducted an envirormental review of the above described project pursuant to the Guidelines for Implementation of the California Envirormental Quality Pct and the Envirormental Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project will not have a significant impact on the envirorment) is hereby issued for the subject project. Land Use Planning Office. Consideration of revisions to the Zoniv, As a result of said Justification for this action is on file in the A copy of the Negative Declaration with supportive documents is m file in the Land Use Planning Office, City Ha3.1, 1200 Elm Avenue, Carlsbad, CA. 92008. CcwEnts fran the public are invited. Please suhit cannents in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: August lG, 1985 CASE No: ZCA-185 Land Use Plading Manager APPLICANT: City of Carlsbad PUBLISH DATE: August 10, 1985 ND-4 5/81 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. 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 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 HEARING the following dates, to-wit: ZCA-185 ’ NOTICE IS HEREBY GIVEN that the City Council ofthe City ofCarls- the City Council Chambers. 1200 Elm Avenue, Carlsbad. California at 6 00 P M on Tuesday. January 28. bad will hold a public hearing at January 18 19 86 ................................. .... 1986. to consider a zone code amendment regulating the size of ’ garages in residential zones and prohibiting the rental. of resi- dential parking spaceslgarages. If you have any$uestions please call the Planning Department at If you challenge the zone code amendment in court. you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice. or in written corre- spondence delivered to the City of Carlsbad at or prior to the public hearing. Applicant: City of Carlsbad CJ 4839: January 18. 1986 438-5591. CARLSBAD CITY COUNCIL ................................. 19 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Car bad un y of San Diego, State of California on day of luapv, 1986 he lF8tt, NOTICE OF PUBLIC HEARING ZCA-185 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, January 28,1986, to consider a zone code amendment regulating the size of garages in residential zones and prohibiting the rental of residential parking spaces/ garages. E€ you have any questions please call the Planning Department at 438-5591. If you challenge the zone code amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH : January 18,1986 CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING ZCA-185 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, January 14, 1986, to consider a zone code amendment regulating the size of garages in residential zones and prohibiting the rental of residential parking spaces/ garages. If you have any questions please call the Planning Department at 438-5591. If you challenge the zone code amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH: January 4, 1986 CARL S BAD CITY COUNCIL Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 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 the following dates, to-wit: ~~ NOTICE OF PUBLIC HEARING ZCA-185 NOTICE IS HEREBY GIVEN that ~1 the City Council ofthecity ofCarl% bad will hold a public hearing at Elm Avenue, Carlsbad, California 1986, to consider a zone code amendment regulating the size of garages in residential zones and prohibiting the rental of residen- If YOU have any questions please Call the Planning Department at 438-5591. the City Council Chambers, 1200 January 4 86 at 6:W P.M: on Tuesday, January 14: ................................. 19 .... tial parking spaces/garages. ................................. 19 .... If -you. challenge the zone code, amendment in court.-you may be- limited to raising only those issues YOU or someone else raised at the public hearing described. in this notice, or in written corre- spondence delivered to the City of Carlsbad at or prior to we public hearing. Applicant: City of Carlsbad CARLSBAD CITY COUNCIL CJ 4807: January 4,1986 ................................. 19 .... ................................. 19 .... ................................. 19 .... “ICE OF PUBLIC, HERRING NOTICE IS HEREBY GIVEN that the Planning Cmission of the City of Carlsbad will hold a public hearing at the City Council Ch&rs, 1200 Elm Avenue, Carlsbad, California, at 6:OO.p.m. on Wednesday, October 9, 1985, to oonsider zpproval of a zone code anendment regulating the size of garages in residential zones and prohibiting the rental of residential parking spaces/garages. Those persons wishing to speak on this proposal are oordially invited to atterrl the public hearing. Office at 438-5591. If you have any questions please call the Land Use Planning If you cfiallenge the Zone Code Amendnent in murt, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written mrrespordence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA-185 APPLICANT: CITY a? CARLSBAD PUBLISH: Septenber 28, 1985 CITY OF CARLSBAD PLANNING OOMMISSIUU