HomeMy WebLinkAbout1999-03-17; Planning Commission; ; ZCA 98-01|ZC 99-03|LCPA 98-05 - COMMERCIAL/VISITOR SERVING OVERLAY ZONEThe City of Carlsbad Planning Department
P.C. AGENDA OF: March 17,1999
A REPORT TO THE PLANNING CO MMISSION
Application complete date: NIA
Project Planner: Eric Munoz
Project Engineer: Bob Wojcdc
SUBJECT: ZCA 98-01IZC 99-03LC PA 9805 -- COMME RCIALMSITO R-SERVING
OVERLAY ZONE - Amendments to the Zoning Ordinance, the Zoning Map and
the City's Local Coastal Program to establish a CommerciaWisitor-Serving
Overlay Zone for various properties that are located near, or on roadways leading
to, the Legoland theme park within the Carlsbad Ranch Specific Plan.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission-Resolution Nos. 4527,4528, and
4529, RECOMMENDING APPRO VAL of Zone Code Amendment ZCA 98-01, Zone Change
ZC 99-03 and Local Coastal Program Amendment LCPA 98-05, based on the findings and
subject to the conditions contained therein.
11. INTRODUCTION
The proposed CommerciaWisitor-Serving Overlay Zone is being processed pursuant to City
Council direction to prepare new procedures and regulations for certain uses in general proximity
to the Legoland theme park within the Carlsbad Ranch Specific Plan. The primary concern is to
ensure high quality commercialhisitor-serving developments, prevent the over-proliferation of
certain uses and establish the City Council as the final decision maker for such projects within
the overlay zone coverage area.
The primary elements of the overlay zone involve: new procedural details for processing a
commerciaYvisitor-serving project within the overlay zone; the requirement of a conditional use
permit for commercial/visitor-serving projects; new parking standards for certain uses;
architectural, signage and landscape provisions; and, new enforcement provisions.
The configuration and coverage area of the proposed CommerciaWisitor-Serving Overlay Zone
is the result of direct City Council input as to which areas and parcels need to be covered by the
provisions of the overlay zone. The basic rationale was to include commercially designated
parcels near the Legoland theme park, or adjacent to freeway frontage. Vacant parcels as well as
developed parcels are included. The overlay zone will replace an Urgency Ordinance which is
currently in effect until August 30, 1999. It is anticipated that City Council consideration of the
overlay zone will take place in April or May, 1999. By May 31, 1999, LCPA 98-05 will be
submitted to the Coastal Commission for processing so that the Local Coastal Program
Amendment, and therefore the overlay zone, will be effective by September 1, 1999.
ZCA 98-01/ZC 99-03LCPA 98-05 - COMMERCIALNISITOR-SbRVING OVERLAY ZONE
March 17,1999
111. PROJECT DESCRIPTIO N AND BACKGROUND
Below is a timeline of past and future events for the CommerciaWisitor-Serving Overlay Zone.
June 24, 1997 - Mayor requested a City Council agenda item to discuss the need for City
Council review and approval of commercial projects near the Legoland theme park.
September 2, 1997 - Urgency Ordinance NS-418 passed and adopted by the City Council.
Requires City Council review and approval of any commercial project within the Urgency
Ordinance’s coverage area.
October 15, 1997 - Consistent with Government Code Section 65858(a), which regulates
urgency ordinances, Urgency Ordinance NS-424 is passed and adopted which extends NS-418
for 10 months and 15 days, until August 30, 1998. Council also accepted staffs findings which
recommended the development of an overlay zone to replace the Urgency Ordinance.
March 12, 1998 - City Council Workshop conducted to assist in the development of, and
provide policy guidance for, the proposed overlay zone. Public input was solicited and received.
April 30,1998 - AnaheimBuena Park field trip conducted by Planning staff with Mayor Lewis
and then Mayor Pro-Tem Finnila to visually assess various elements in the urban landscape
which should be prohibited, encouraged, or otherwise regulated, by the overlay zone.
August 4, 1998 - One year extension of the Urgency Ordinance NS-424, consistent with
Government Code Section 65858(a), by the Council adoption of NS-454. This allows for the
completion of the staff work on the overlay zone and is a one time extension until August 30,
1999. No more extensions of the Urgency Ordinance are allowed by the applicable government
codes.
December 9, 1998 - A noticed Public Workshop to further develop the overlay zone was
conducted with the City Council, affected property owners, and the general public.
December - March 1999 - Finalization of the contents and format of the overlay zone.
Coordination with the City Attorney’s office; extensive property owner contact and briefings;
and final preparation of the overlay zone, staff report and related documents.
March 17,1999 - Planning Commission public hearing.
mil - Mav. 1999 - City Council public hearing takes place.
May 3 1.1992 - Submit LCPA 98-05 to the Coastal Commission by the end of May 1999
June - Aum 1992 - Coastal Commission review and approval of the LCPNoverlay zone.
September 1. 1999 - Urgency Ordinance expires; replaced by the new CommerciaWisitor-
Serving Overlay Zone which will be effective by September 1, 1999.
/ ZCA 98-01/ZC 99-03LCPA 98-05 - COMMERCIALMSITOR-SERVING OVERLAY ZONE
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The proposed CommerciaWisitor-Serving Overlay Zone is attached to Planning Commission
Resolution No. 4527 as Exhibit “X”, dated March 17, 1999. A brief overview is provided below.
The overlay zone defines CommerciaWisitor-Serving Uses and requires such developments
within the overlay zone to process a conditional use permit that would be approved by the City
Council; the Planning Commission typically is the final decision maker for conditional use
permits. The overlay zone has some requirements that are unique including a mandated pre-
filing submittal and review process; a project site notification process that physically posts a sign
on the project site during project processing; and, enforcement provisions designed to provide
rapid, effective code enforcement for code violations within the overlay zone.
A Performance Monitoring Condition is required and will be a standard condition of approval for
conditional use permits within the overlay zone. Required findings are also provided to ensure
that applicable projects satisfy the intent and purposes of the overlay zone.
Existing uses will be subject to the provisions of the overlay zone if they propose new or
expanded CommerciaWisitor-Serving uses that either invoke a higher parking standard, or add
more than 200 square feet of floor area to existing structures. The Carlsbad Ranch Specific Plan
is not part of the overlay zone; residential, church, school, industrial and office uses are exempt
from the overlay zone; and, automobile dealerships within the Car Country Specific Plan are
exempt from the overlay zone.
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The Development Standards section of the overlay zone addresses the following: Parking, Signs,
Building Height, Building Setbacks, Building MaterialdColors, Architectural Style, Landscaping
and Use Separation Standards. increased
parking space requirements for certain uses; less signage than is allowed citywide (1 square foot
of signage per lineal foot of building ‘frontage vs. current allowance of 1.5 square feet of signage
per lineal foot of building frontage); architectural criteria and the allowance for the review of
building materials, texture and colors; and, specific landscaping criteria. Motelshotels are
subject to a 600 foot separation standard and gas stations are assigned locational and design
criteria within the overlay zone. Prohibited uses within the overlay zone include: stand-alone
liquor stores, RV parks, campgrounds, outdoor display of goods or services, any drive-thru
facility, and sales from temporary displays or mobile platforms on private or public property.
In general terms, the overlay zone provides for:
Under the Parking Development Standards, parking provisions are established in the overlay
zone for the following: Motels/hotels/suites/inns/lodges/resorts; Time Share Projects; Gas
Stations/mini-marts; Restaurants; Coffee shops/beverage-serving uses/delicatessens; Meeting
rooms/assembly space/convention facilities; Individual retaiVgift shopdtoy stores/convenience
storedgeneral sales; Shopping center retail; Museums; Visitor/information center; Bed and
Breakfasts; Car rental agencies; and, Movie theaters. In most cases, the overlay zone requires
incrementally more parking than do current codes citywide and/or accounts for employee
parking. Some uses are assigned parking provisions in the overlay zone that are not directly
addressed in citywide parking provisions.
ZCA 98-01/ZC 99-03LCP~ 98-05 - COMMERCIALMSITOR-SkRVNG OVERLAY ZONE
March 17,1999
1. Does the proposed CommerciaWisitor-Serving Overlay Zone address the concerns of the
City Council which prompted the initial adoption of an Urgency Ordinance in June 1997?
2 Are the requested legislative actions adequate to establish the new overlay zone?
3. Is the proposed overlay zone consistent with the City’s General Plan and Local Coastal
Program?
DISCUSSION
.. 1. erciaWisitor-Serving Overlav Zom
The prospect of a major new theme park opening in the City (Legoland) caused the City Council
to reconsider the standard approval process for commercial projects within the area around, and
near roads leading to, the Legoland theme park. Based on the experience of other cities which
have undergone an accelerated economic stimulus due to new land uses, the City Council wanted
a safeguard against unchecked, uncontrolled commercial development. Council clearly wanted to
be established as the final decision maker for such projects. The overlay zone is intended to be a
tool by whch the Council can become part of the standard processing of commercial/visitor-
serving projects while also instituting regulations to ensure high quality projects. It is also
intended to be suficiently detailed so that property owners and development applicants may
design projects using established standards and criteria.
The contents of the proposed overlay zone have been conceptually supported by the City Council
during previous workshops designed to solicit and incorporate Council direction. Property
owner input has also been considered and integrated into the ordinance where applicable.
Section 21.208.060 lists prohibited uses in the overlay zone and gas stations, motels and hotels
are subject to use separation and locational standards. The overlay zone focuses on quality
appearance, adequate and compatible functioning of a commercial use, adequate parking
provisions, controlling signage, ensuring high quality architecture and providing detailed
landscaping criteria.
The conditional use permit is designated as the entitlement permit for applicable projects in the
overlay zone. Related to the processing of such conditional use permits are unique regulations
requiring pre-filing interaction between the city and applicant, project site notification to
maximize public disclosure about a pending project, and new enforcement provisions which
provide more rapid code enforcement compared to current citywide enforcement procedures.
Given the above described elements of the overlay zone, and considering the circumstances
leading to Council’s involvement in this issue, the intended objectives of the overlay zone and
the high degree of City Council direction and input into the development of the overlay zone,
staff recommends that the Planning Commission support the CommercialNisitor-Serving
Overlay Zone.
ZCA 98-01/ZC 99-03LCP~ 98-05 - COMMERCIALMSITOR-SWVING OVERLAY ZONE
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Adding a new overlay zone chapter to the City’s Zoning Ordinance requires a Zone Code
Amendment (ZCA 98-01). Placing the overlay zone onto the City’s Zoning Map to establish its
boundaries and coverage area requires a Zone Change (ZC 99-03). Since the City’s Zoning
Ordinance is the implementing ordinance for the City’s Coastal Zone, a Local Coastal Program
Amendment (LCPA 98-05) is necessary to ensure consistency between coastal and city
designations and regulations. Subsequent to Coastal Commission’s consideration of LCPA 98-
05, these legislative actions will collectively establish the CommerciaWisitor-Serving Overlay
Zone within the City.
Staff believes that the new development standards, use of a CUP, and designating the City
Council as final decision maker, is adequate to establish the level of commercial development
control desired by the Council without over-regulating, or placing excessive limitations on hture
development. -
3. General and LCP Consist-
The proposed overlay zone does not alter any General Plan or LCP land use designations or
regulations. In fact, several development standards are more restrictive than underlying
designations so that inconsistency between zoning and the General Plan or the LCP will not
result. Existing zoning regulations, which implement the General Plan, will be supplemented via
new processing procedures, standards and enforcement provisions for commerciaVvisitor-service
uses within the overlay zone.
V. RONMENTAT, REVIEW
The Planning Director has determined that the project is exempt fiom the requirements of the
California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the State CEQA
Guidelines and will not have any adverse significant impacts on the environment. Section
15061(b)(3) exempts projects which can be seen with certainty, will have no possibility of
having a significant environmental impact. The proposed CommerciaWisitor-Serving Overlay
Zone qualifies for this exemption because the overlay zone’s procedural regulations and
development standards will not create environmental impacts when applied to applicable projects
in the future. A Notice of Exemption will be issued by the Planning Director after project
approval.
ATTACHmNTS :
1.
2.
3.
4. Location Map
Planning Commission Resolution No. 4527 (ZCA)
Planning Commission Resolution No. 4528 (ZC)
Planning Commission Resolution No. 4529 (LCPA)
EM:eh
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COMMERCIALNISITOR-SERVI NG
OVERLAY ZONE
ZC 99-03lZCA 98-01 ILCPA 98-05