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HomeMy WebLinkAbout1970-04-14; Planning Commission; Resolution 657-A,. . 11 i e e 11 I, !I I PLANNING COMMISSION RESOLUTION NO. 657 11 1 1 21 31 1 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AMENDMENT TQ THE QRD 1 NANGE NO i 9060, BY AMEND \NG ART 1CI.E \ 4, SECT 1400 REGARDING CONDITIONAL USE PERMITS AND, ADDING AUTOMOBILE SERVICE STATIONS WITH STANDARDS AND CONDlTlOl OF APPROVAL LISTED UNDER PERMITTED USES, SECTION 1400, ART I CLS' 14 4jl I/ The Planning Commission of the City of Carlsbad DOES HE! 5 /I I 71 ;\RESOLVE AS FOLLOWS: 6 11 All notices of the hearing hereon have been given as re1 I1 I by law and all persons interested were heard. 8 !I The Planning Commission recommends to the City Council . 9 11 i Section 1400, Article 14 of Ordinance No. 9060 be Amended to rf lo [I ' follows: 12 il I1 ~ "SECTION 1400: PERMITTED USES. All of the following in all mat :jdirectly related thereto are declared to be uses possessing ch, 12 1 - 13'Iteristics of such unique and special form as to make impracticz 14 itheir being included automatically in any classes of use as sel 15 ~ lforth in the various zones herein defined, and the authority fc I \location and operation thereof shall be subject to review and 1 issuance of Conditional Use Permit. It is also intended for u: /whose approximate location is indicated .in the General Plan, bL i I-6 I I8 I l7 il 19 1 llwhose exact.:location and arrangements must be carefully studied 20 1 'granting the permit, certain safeguards to protect the health, /and general welfare may be required as conditions of approval. 21 1 22 ! 23r) The following uses may be permitted by Conditional Use F jin any zone: 24 i 25 I/ I A. Cemetaries i 26 1 t3. Churches C. Public and Private Schools 27 1 28 ;I 29 j i' 30 1 I 31 1 i 1 I I 32 I I I D. Open Air Theatres E. Circuses and Carnivals, excepting those constructed operated by a community school or church gcoup for a period of not more than two(2) days only, and provid said use is approved by the City Manager and will be contained within the school or church property. All commercial circuses and carnivals operating with the City Limits of Carlsbad shall, in addition to fi all necessary documents for a Conditional Use Permit submit for consideration by the Planning Commission, 11 ': \I ~ I /I e a !I (I -2- Ij E. schedule of operations, including availability of F I types of games, rides and amusements proposed, and 21 proposed hours of operation. 3j 1 F. Golf Courses (except as may be approved as part of I G. Mobile Homes Parks (not permitted in Commercial or 1 Planned Community development) 4j 51 Industrial Zones) 6 jl H. Overnight Camp Sites I 71 8 11 I. Public Buildings K. Temporary Public Dumps 91 i J. Agricultural Labor Housing j 10 11 12 13 14 .15 16 17 11 11 I' I I i I ;i i/ i ! L. Public Utilities, or utilities operated by mutual a consisting of water wells, gas metering and regulat stations, telephone exchanges, booster stations or converstion plants, with the necessary buildings, a tus or appurtenances incident thereto, but not incl distribution mains. (2) The following uses may be permitted by Conditional Use in Residential-Professional, Commercial and Industrial Zones: A. Mortuaries. (3) The following uses may be permitted by Conditional Use /I in any zone, other than an R-(Residential) Zone: 18 I A. Airports and Landing Fields B. Columbariums, Crematories and Mausoleums, not locat 19 I 20 j within a cemetary I 21 !I I j C. Hospitals 22. 23 ~ 24 I 25 j D. Establishments or enterpr-i-ses involving large assem of people or automobiles E. Amusement Parks F. Institutions for treatment of alcoholics 1 26 I G. Privately-operated recreational centers 27 i 1 28 1 1 H. Racetracks 1 I. Stadiums 29 )I i J. Mental Hospitals 30 I( K. Veterinarians and Small Animal Hospitals 31 i L. Automobiles Repair Facilities (not permitted in C-1 M. Drive-Thru Restaurants 321 I I i I N. Take-Out Restaurants (where food is not served with dining area) I1 xx XX I =* I e * j/ 0. Radio or Television Transmitters 'I -3- I 111 j j P, Fa i rgrounds 21 (4) The following uses may be permitted by Conditional Use 31 only in a C-M(Commercia1-Manufacturing) or "'(Manufacturing) 2 i I i 411 A. Automobile Laundries 5 B. Automobile Storage or Impound Yards 6 C. Sewage Disposal Plants 7 Jj 8 g 11 j/ 10 :I I 11 11 12 !i I I D. Boat Storage Yards.(only for those boats which can mov.ed on the public highways without a special pern further provided, they are contained within. and not stored. higher than, a solid fence :or wall) E. Kennels F. Automobile Wrecking Yards G. Transit Storage (permitted in P-M(P1anned Industria Zone without Conditional Use Permit 13!1(5) Agtomobile service stations may be permitted by Conditi 14iiUse Permit in any zone other than an R-(Residential) or a Prof 151 ional Zone. Automobile service stations are hereby defined as 161 retail business establishments limited to the sale of motor fu 17 the supply of goods and services generally required in the ope 18 and maintenance of automotive vehicles, and the fulfilling of , 191 servicing of tires, batteries, automotive accessories and rep1 ist's needs. These may include sale of petroleum products; sa I ~ *O I 2ljment items; washing and lubrication services; the performance 221 23 minor automotive maintenance. Automobile service stations as or automobile sales. 24 herein does not include chain, automatic or coin-operated wash .. I 25 Il A. Permits for automobile service stations shall be gr; 26 I only in the event one or more of the following facti 28 i oped as part of a master-planned recreation area, ! 27 : I situations is found to exist: (1) That it is to be c ~ 29 j (2) That it is to be developed as part of a freeway-ser' industrial park, regional or community shopping cen' 1 30 I ~ 31 11 facility, containing a minimum of two(2) freeway-ori i i 32 i' uses; (3) That it is to be developed as part of a cc I I ial facility that is an integral part of a planned c i i i ity develQpment. " . .. /I i i ! ! 1 ; 1; I isl ~ 311 /I 4iI I 5 61 I I 71 i 81 I I 91 I 3.0 ii 'I 11 11 jl 12 !I // 2.3 j iJ 35 I i i 16 I 17 I 18 19 20 21 14 j I 2.2 il 23 j 24 25 ' 26 27 j i ~ 28 1 29 i 30 31 I 32 1 1 I B. C a a -4- In the event a permit is granted for an automobile station, the following standards of development the shall be required a? conditivns of such granting; 1. Planning Department approval of architectural E tions to insure that the use will harmonize wit neighborhood. 2. Approval of the Pla-nning Department of landscap consisting of at least the following: (1) Perirr planter areas of a minimum of six feet in.widtb planter areas adjacent to the structure; (2) Si concrete curb bounding all planter areas;(3) LE scaping inc1uding.a combination of flowers, shr and trees; (4) A sprinkler system providing tot effective coverage to all landscaped areas; (5) statement delineating a maintenance schedule an responsibility for maintenance of landscaped ar 3. A six-foot high, masonry wall shall be construc all sides of the subject property which adjoins residential or professional-zoned property. 4. All exterior lighting shall be shielded or orie in such a way so as not to glare on adjacent pr 5. All displays and storage shall be contained wit the main structures. 6. Trash containers shall be contained within a si. high enclosure. 7. All signs shall be in conformance with the City Carlsbad sign ordinance. 8. Full public improvements as may be required for convenience and necessity. Standards of development (Subparagraph B above), sh apply to existing service stations when renovated SI urally and, any newly developed service stations. Provisions regarding location shall not apply to au; bile service stations in existance as of the time 0; adoption of this ordinance. .-_ , .. 11 i (c L, * I j , ~ I 0 -5- 3.1 following facts are found to exist in regard thereto: 21 SECTION 1401: A Conditional Use Permit shall be, granted on13 I 31 I 81: 4i (1) That the requested use is necessary or desirable for 1 development of the community, is es.sential1.y in harmor 51 with the various elements-and objec'tives of the Genera 6j I and is not detrimental to existing uses or to uses spe 71 cally permitted in the zone in which the proposed use be located. 1 91 (2) That the site for the intended use is adequate in sizc l-0 shape to accommodate said use. I 111 (3) 12 1 3.3 ! and other features necessary to adjust the requested I i That all of the yards, setbacks, walls, fences, landst i I existing or permitted future uses in the neighborhood 14 1 i be provided and maintained. 15) (4) That the street system serving the proposed use is ad€ 16 1 to properly handle all traffic generated by the propos 1 17/ fare, may be added thereto, including but not limited to the 19[ conditions necessary to protect the public health, safety anc 181 SECTION 1402: In granting a Conditional Use Permit, any and I 20 21 ing: I (1 1 Regulation of use 2211 (2) Special yards, space and buffers 2311 (3) Fences and walls 24 /I (4) Dedicating and improving public improvements 25 i I (7) Requiring placement and maintenance of landscap3ng I (5) Servicing of parking areas in City specifications 26j (6) Regulation of points of vehicular ingress and egress 27 i 28, 29 j ~ ~ (9) Regulation of time for certain uses on the subject pro I (8) Regulation of noise, vibrations, odors, etc. 30! 31 ~ (10) Time schedule for developing .the proposed use i (11) Time period during which the proposed use may be conti 321 (12) Other conditions necessary for the development of the i i i an orderly and efficient manner and in conformity with intent and purpose set forth in this ordinance. 11 xx *.,a .._ I IL /I '1 I 0 e .# (. j ~ -6- I I TIME LIMITATION: 1; 21 SEGTIOM '1403: Unless otherwise stated in writing in the resol granting the Conditional Use Permit, a Conditional Use Permit 31 automatically be void and of no further force and effect if co 4lition of the proposed use,granted thereby is not completed with 5; and side yards applicable to the particular zone in which any 71 6i'SECTION 1404: YARD REQUIREMENTS: The provisions for requirec one (1) year from the date of granting of said permit. 8i use is proposed to be located shall prevail, unless in the fin 91 and conditions recited in the resolution dealing with each SUC I 1 I ~ , 101 and conditions recited in the resolution dealing with each suc 14! use is proposed to be located shall prevail, unless in the fin 131 height and area applicable to the particular zone in which anJ 121 SECTION 1405: HEIGHT AND AREA REQUIREMENTS: The provisions f 111 matter, specific exemptions are made with respect thereto. 151 matter, specific exemptions are made with respect thereto. 16 1 i I 1 SECTION 1406: OFF-STREET PARKING REQUIREMENTS: The requireme 17 ! I 18 j for provisions of off-street parking applicable to the particu use shall prevail, unless in the findings and conditions recit 19 i 1 the resolution dealing with each such matter, specific exemptil i:i are made with respect thereto. I The Planning Commission recommends to the City Council 22 I 1 1 Subparagraph 8 and 12 of Section 1200 and, that Subparagraph 2 23 j I 24 /i 2s ii and 35 of Section 1300 of Ordinance No. 9060, be repealed. The Planning Commission does find the following facts l 1 reasons to exist which make said Amendment and additions necesm I/ to carry out the provisions and general purpose of Ordinance NI 26 11 27 I 28 11 29 j 30 31 I i i 7. This amendment to the Zoning Ordinance will a,id in impleme the General Plan of the City of Carlsbad. 2. This amendment wPll provide better controls for the locati and planning for service stations in the City, which has b a necess i ty. 3. The City now h.as, withi,.n the Zon,ing- Ordinance,. uses pertai.~ to small animal cli,nics and bulk storage, and others, whi,cl formerly needed. 3211 xx I i xx i I 'j xx '. ., I .. .*, ' e 11 I i e * b. * :I :I ii -7- If 1i I A copy of this resolution shall be forwarded to the Ci z1 Council for its attention in the manner prescribed by law. i 31 PASSED, APPROVED AND ADOPTED at a regular meeting of 1 ~ 41 Carlsbad City Planning Commission held on the 14th day of Apri /I 5111970, by the following vote, to wit: ~ 61 AYES: Commissioners Palmateer, Little, Dewhurst, and q 7j i and Forman 81 NAYES: None I 9; i ABSENT: Commissioner Hermsen I I 10 jl 17. !i ABSTAINED: Commissioner Gullett. ! 11 32 jj 13 'I ;i I ii Id i! ATTEST: 7.5 I/ I 4 (p( O&") 17 I 'il ( I D. K. DEWHURST, SecFetary ldI 19 20 I 27. I I I 22 i I 23 11 I 24 1' 25 i 26 j I 27 I , I 28 1 29 1 I, 30 i i 31 ~ I 32 I 1 1