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HomeMy WebLinkAbout1974-02-26; Planning Commission; Resolution 1048.- . . 3 1 2 3 4 I I * 0 PLANNING COVMISSION RESOLUTION 1048 A RESOLUTION OF THE PLANNING ComIssIor~ OF THE CITY OF CARLSBAD, RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN A!"lENDMENT TO TITLE 21 OF THE MUNICIPAL CODE, TO INCLUDE .I! FLOODPLAIN OVERLAY ZONE DISTRICT, EXCLUSIVE AGRICULTURAL ZONE DISTRICT, OPEN SPACE ZONE DISTRICT AND A SCENIC PRESERVATION OVERLAY ZONE DISTRICT. II - 5 WHEREAS, on February 13, 1974 the Planning Commission of the City 6 said Public Hearing to February 26, 1974; and, 7 of Carlsbad, California, did hold a duly noticed Public Hearing, and conti Hearing to consider an amendment to Title 21 of the Carlsbad Yunicipal Cod 9 WHEREAS, on February 26, 1974 the Planning Commission did .hold a Pub 8 lo adopted Open Space and Conservation Element of the City of Carlsbad: 17 necessary to carry out the provisions and general purpose of Title 21 and 16 facts and reasons to exist which make the adoption of the attached Exhibi, l5 arguements, if any, from all persons wishing to speak, did find the follo\ 14 13 District, attached hereto as Exhibits "A", "B" , "C" , & "D"; and, l2 District, Open Space Zone District and a Scenic Preservation Overlay Zone 'I. by adding a Floodplain Overlay Zone District, Exclusive J.gricultura1 Zone WHEREAS, the Planning Commission, upon hearing all testimony and 18 19 20 21 22 23 24 25 26 21 28 29 30 31 1. The flood hazard areas of Carlsbad, California, are subject to periodic inundation which, if these areas were developed, would result in loss of life and property, healt and safety hazards, disruption of commerce and governmenta services, extraordinary public expenditures for flood protc and impairment o-f the tax base, all of which adversely affc the public health, safet,v and general welfare. (Exhibit "A''). 2. To create a zone district which provides for exclusive agricultural uses wherever feasible in an urban environmen. (Exhibit "B") . 3. It is in the public interest to create a zone district which provides for open space and recreational uses in an I environment. (Exhibit "C") . 4. There are areas of outstanding scenic, historic and cultural value in the City of Carlsbad w0rth.y of preservat (Exhibit "D"). E;. The proposed amendments would replace the Interim Oper Space Ordinance, and meet the Goals and Policies as establ by the Open Space Element. xx 32 xx 9 a --- !, 1 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of 2 3 the City of Carlsbad, California, does hereby recommend to the City Counci the adoption of the attached Exhibits, for the reasons stated herein. 4 PASSED, APPROVED AND ADOPTED by the Planning Commission of the 5 1 City of Carlsbad, at their regular meeting held on the 26th day of 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I. i February, 1974, by the following vote, to wit: AYES: Commissioners Casler, Forman, Jose, Little, Wrench 8 Domingu NOES: None ABSENT: None ATTEST : g "& -.,< , /4 u&LJL" MARY~ASLER , Chairman Secretary '$ - 2- It ,. - . - 'r . . . (1) 1 2 3 4 5 6 7 8 9 10 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I ~ i I w EXHIBIT "A" e . CITY COUFtCIL 'ORDIr4ANCE'NO. A'N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE i4UNICIPAL CODE BY ESTAB- LISHING THE FP ,FLOODPLAIN OVERLAY ZONE DISTRICT. CASE NO. ZCk-54 WHEREAS, the flood hazard areas of Carlsbad, California are subject to periodic inundation which, if these areas were deveioped, would result in ioss of 1 ife and property, health and safety hazards, disruption of commerce and . governmental services, extraordinary pub1 ic expenditures for flood protection and relief, and impairment of the tax base all of which adversely afF;ect the public health, safety and general we1 fa.re, and; NHEREAS, flood losses are caused by the cumulative e.ffcct of obstructions in floodplains causing increases in flood h:eigkts and vcloiities, and by the occupancy of flood . hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated or otherwise prote.cted front flood danages, and; WHEREAS , purs2ant to the provisions of Title 21 of the Carlsbad Municipal Code, the City Planning Commission did hold a,duly nokiced public hearing to consider this amendment, and; WHEREAS, th.e City Planning Commission has made certain c fi.ndi:ngs and has recommended that the City Council of the City of Carlsbad enact said Amendment into law, and; WEREAS, the City Council of the City of Carlsbad has, by Resolution No.' ' ,adopted said findings as their own and expressed their intent to amend the law in accordance therewi'th., and; WHEREAS, it has been determined that this Amendment , vti'll not h.ave a significant impact on the enviornment and, 1 - . . I.. . ! 1 a- . >* Q .. (2) - 2 3 4 5 6. 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 2% 29 30 . 31 32 requjred; w. w NOW, THEREFORE, THE CITY ‘:OUNCIL OF The City of Carlsbad does ordain that Title 21 cf the Carlsbad Municipal Code is hereby amended by adding thereto a new Chapter to be numbered 21.39, to read. as follows: CHAPTER 21.39 1 -FP FloodplaiL Overlay Zone Sections: 21.39.010 Intent and Purpose 21.39.020 Application . 21.39.030 DefiniCionS 21.39.040 Permitted Uses a-nd Structures 21.39..050 Development Standards 21.39.060 Permit Procedures _. .. . . . . . . . . . - Se-dtion 21.39.010 .Intent and Purpose. The intent and purpose of the FP Floodplain Overlay Zone is: . To supplement the underlying zoning by providing additional regulations for development within desi.gnated floodplain areas to protect, the public health, safety and welfare’. Tb reduce the financial burden on the City and its inh-abitants and property owners by minimizing potential flood h-azards and by eliminating or reducing the need for the construc$ion of flood control facilities that would be required if unjlanned and scattered development were permitted. c To restrict or prohibit uses that could be dangerous to health or property in time of flood or cause excessive increases in flood heights or velocities. To require that uses vulnerable to floods be protected at time of initial development. I ~ I c I I. I. c I -- ' 9' I1 e e 3 To clearly designate those areas of the City that could be 2 adversely affected during time of flood. 3 To preserve a natural channel or open area wherever feasible d, to carry abnormal-flows of c?rater at time of flood. 5 To implement the goals and objectives of the General Plan. 6' To recognize floodplain areas as open space resources ... 7 8 9 10 11 3.2 33 14 15 16 2.7 18 19 20 21 22 23 24 25 26 ~ and encourage compatible open space uses wherever possible. Section 21.39.020 Ap.plica-tion. The FP Floodpl si n Overlay Zone shall be applied in' a uniform manner to those areas within the City of Carslbad which, in the opinion of the City Council , after consideration of documented and factual data based upon flood experience or engineering studies, are subject to flooding .and inundation. The boundaries of this zone shall be established by tne procedures designated in Chapter 21.52 of the Carlsbad Plunicipal Code. lilhzn only a portion of a parcel 0.f land 1 ies wi thi n the designated floodplain, the provisions of this Chapter shall apply 'only to that portion lying within said floodplain boundaries. Section 21.39.030 Definitions. For the purposes of this Chapter, the following definitions shall apply: .21 .39.030.01 Flood. "Flood1' means any temporary rise i? ' stream flow or water surface level that could result in adverse effects within the floodplain, including but not limited to damages from the overflow of floodwaters on land, temporary 27 erosion or channel diversions, unsanitary conditions, or other 28 backwater in local drainage channels, storm drains or sewers, bank dent uith the rise in stream flow, and the disruption of traffic 31 within or adjacent to watercourses,-rise of groundwater coinci- 30 canditions of nuisance resu1.ting from deposition of materials 29 ,(3) 32 circulation resulting from stream or watercourse overflow. I1 . I . .~ .I W 0. I 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 29 30 31 (4) 32 1 21.39.030.02 Design Flood. "Design Flood" means that flood against which protection is to be provided by means of flood protective or flood control works. When a flood control project survey.has been authorized, the design flood will be that established by the cognizant agency. In all other cases, the design flood shall be of one hundred (100) year recurrence #interval or the Standard Project Flood, whichever is determined applicable by the City of Carlsbad. / 21.33.030.03 Floodplain, "Floodplain" means the land area adjaceni to a watercourse which is subject to the inundation of floodwaters expected during a design flood. . 21.39.030.04 Floddtlay. "Floodway'' means the channel of a stream or other watercourse and 'that part of the floodplain reasonably required for passage of a flood of given magnitude. 21.39.030.05 Standard Project Flood. "Standards Project Flood" means the 1arg'es.t flood that can be expected from the most seyere comhinati.on of meteorological and hydrological conditions cons.i.dcred reasonably characteristic of the geographical region involved. Such a flood provides a reasonable upper limit to be constdered in designing flood control works and in delitieating floodplain 1 imi ts and shall be general ly applicable where its occurrehc,e would have a high probability of hazard to human life. 21.39.030.06 100-Year Flood. "100-Year Flood" means the c c highest level of flooding that has an average frequency of occurrence in the order of one in 100 years at a designated location, considering regional meteorological and hydrological conditions characteristic of the geographical region involved. This also means that level of flooding having a one percent' probability. of occurrence in any year. The 100-year flood represents a major f-food, although it is less severe .than the Standard Project Flood. -. . . I . (5) 1 2 3 4 5 6 7 8 9 10 11 2.2 13 14 2.5 16 17 18 19 20 2s 22 23 24 25 26 27 28 29 30 31 32 33 w w 21.39.030.07 Floodproofing. "Floodproofing" means any combination of structural and nonstruc.tura1 additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, s'tructures and contents of buildings. 21.39.030.08 Gross Floor Area. "Gross Floor Area" m@ans the total horizontal area, in square feet, including the exterior walls of all floors of a structure. ' 21 .'39.030.09 F1 OQr Area Ratio. "Floor Area Ratio'' means the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land. Section 21.39.040 Permitted Uses and Structures. In the FP Flaodplain Overlay Zone,. only the following uses and structures are permitted as hereinafter specifica7ly provided and allowed'subject to the provisions of Chapters 21.40 and 21.44 governing development standards: Any principal use, accessory use, transi iional use or co!ditional use perni tted in the underlying zone, subject to tne same conditions and restrictions applicable in such underlying zone and to all of the requirements of this Chapter. 'Section 27.39.050 Development Standards. No use shall be. permitted in the FP Floodplain Overlay Zone that does not conform to the following specific standards: 21.39.050.01 Permits Required. No permit or entitlement shall be issued for any use, development or alteration within the FP Floodplain Overlay Zone unless the Planning'Comrnission, with the advice of the City Engineer, determines such use, development.or alteration will not adversely affect or unduly hinder, restrict or a1 ter the water-carrying capacity of the floodplain. All other proposed uses and - ... .. I (? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3.8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I special urnpermit as.provided for in thimhapter. . 21.39.050.02 - Exxeptions. Notwithstanding the provisions of Section 21.39.050.01. hereof, {-he following administrative permits discretionary permits, and acts are e.xcepted'from the provisions of this Chapter: a. Issuance of a grading permit for the following: (1) A legally established borrow pit. (2) To prepare a site to be used exclusively,for growing agricultural plants or animals. (3) The establishment of any use listed in subsections b and c hereof. _J b. Issuance of a building permit for the following: (1) Accessory buildings and structures appurtenant to a conforming use. (2) Addition to a confornlfng main building or structure or internal or external alteration thereof which does not incre.ase the ground coverage thereof by more than 25 percent or 500 square feet. (3) Reconstruction in the same location with increased ground coverage as- 1 imited by subsection b(2), above, of a conforming use, building or structure destroyed by fire, explosion, or other casualty, or act of God, or the public.enemy, and normal maintainance of a conforming use, building or structure. (p) The establishment of any use listed in subsection c hereof. c. Commencing to use land for the following purposes or use when such purposes or uses are permitted by the zone appl icabl e to such land: ' I .. I e S I. s .- I ,I I( 0 a 3.' (1) Cultivation and growing .of agrixultural crops, 2 3 grazing of animals, growing of nursery stock, sod picnic grounds, parks, wildlffe and nature pre- 5 (2) Pub1 ic 'and private open space, archery ranges, ' 4 farming and wild crops harvesting. 6 and unloading, outdoor storage of materials or 9 (3) Motor vehicle parking spaces and..areas, loading 8 hiking and horseback riding trails.. 7 serves, game farms, hunting and fishing areas, .. 10' II equipment accessory to a conforming us.e. 11. 12 13 14 15 16 1 ('4) Uses accessory to an existing conforming use. (5) Conforming temporary uses, such as, but not limited to, seasonal uses not involving any significant investment in buildings or structures. (6) Changing the use of an existing building from one use to another where such change of use. does not 1 7 than that. permitted in this section. 18 involve construction, alteration or grading other 19 a. Danger to life and property due to increased flood 27 factors shall be considered: 26 General Plan. When juding this evidence, the following relevant ?ti would be consistent with the goals and objectives of the 24 efficient and bala'nced'development of the 'floodplain area and 23 dcvelopmebt or alteration would be consistent with the orderly, 22 shall be presented and accepted Showing that the proposed use, 21 a special use permit, as provided for in this Chapter, evidence 20 -.21.39.050.03 Necessary Findings'. Prior to the granting of f 28 heights or velocities caused by encroachments. 29 downstream to the injury of others. 30 b. Danger that materials may be swept on to other lands or 31 c. Proposed ;later supply and sanitation systems and the (7) 32 ability of these systems to prevent disease, contarnina- .. - .. : / * 0 e J 2 3 4 5 6 7 8 9 3.0 11 3.2 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 28 29 30 31 (31 32 tion and unsajlitary conditions. d. Susceptibility of the proposed use or facility and its. contents to flood damage and the effect of such damage on the individual owner. e. Importance of the services prciviaed by tile proposed use or facility to the community. .f. Availability of alternative locations riot subject to flootiing for the proposed use. .. g. CompatiSility of the proposed use or facility wit11 existing development and development anticipated in the foreseeable future. h. Relationship of the proposed use or facility to applicable General Plans and flood plain management program for the area. i. Accessibility to the property in times of flood for ordinary and emergency vehicles. j. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. k. Such other factors which are relevarrt to'the purposes of this Chapter ana to the individual case. 21.39.050.04 Flood Control Facilities. No drainaa2e or - flood control structilrz 31" facility shall be placed, erectea, constructed, reconstructed, altered or enlarged within a floodway provided, however, that the existing flood control structures or facilities may be repaired and maintained. The following facilities may be pla.ced, erected, constructed, reconstructed, a7 tered or enlarged in a floodway: I I ,. I, ,. ., v e 1 2 3 4 5 6 e1 8 9 1-0' 11 12 13 3.4 15 16 17 3.8 It9 20 21 22 23 24 . ' 25 26 27 28 29 30 31 (9) 32 .. a. Grass-lined or similarly vegetated flood control channels either of ex-cavated or diked section, or levees, including groins of a temporary nature to protect the same. .. b. Dams and reservoirs designed primarily for water conservation, recreation' or debris control. c. Erosion control works, such as, but not limited to: retards, a,*roins, jetties, vegetated, stone, rock, or sacked concrete revetment, rock and wire mattress, pipe and wire fence, precast cribbing, drop structures, check dams, grade stabilizers and rock sills, and removal of debris from watercourses.. d. Ground water replenishment works, such as, but not limited - to: diversion dams, percol2tion beds, spreading grounds and i'njection we1 1s. e. Any similar drainage or flood control structure or facility which the Ci tv Engineer : determines would not unduly accelerate or i'ncrease the flow of water so as. to create a condition which would be detrimental to the health or safety of persons or property. .Sectton 21 -39.060 Permit Procedures. . Any use, development or alteration within t-he FP Floodplain Overlay Zone, not exempted by Sections 21.39.050.01 or 32.39..050.,02 of this Chapter, shall obtain a special use permit according to the following procedures: 21;39:060.01 Application Form. The Director':of Plannjng shall pres'cribe.thc form in which special permit applications pursuant to this Chapter shall be made. He may prepare and provide blanks for such purpose and nlay prescribe the type of information to be submitted. No application shall be accepted unless it complies Mith such requirements. . 21.39.060.02 Filing Fee's. The filing fees for a Special Use Permit shall be. the same as the fee ,required for a Conditional Use Permit provided, however, that there shall be no .- . .. .. ~ ~ ,. . _. ' . I li 0 m 1 2 3 4 5 6 7 8 9 3-0 11 12 13 14 3.5 16 17 18 19 20 %I 22 23 24 25 ' additional fee when the application for a Special Use Permit is to be considered concurrent with another discretionary permit. 21.39.060.03 I'nformation to Accompny Permit Application. An application for a Special Use Permit shall be accompanied by five copies of the following except as otherwise specified: a. Plot plan of the property involved, showing proposed grading, structure (s), or use; h. Legal description of the property involved; c. Description of the proposed use of the property unless such can be sufficiently described on the application fo rm ; - d. Envi.ronmenta1 Impact Assessment (one copy only); e. Envtronmenial Impact Report (20 copies) if: required; and f. Any other maps, plans, information and dataathat the Director of Planning or City Engineer may deem appropriate. . . . . . . . . .. . 1Z1:39..060.04 Report of City Engineer. Upon receiving an application for a Special Use Permit pursuant to the provisions 0.7 this Chapter, the Director of Planning shall forthwith trans- m,it a complete copy of the application to the City Engineer. The Ci.ty Engi,neer shall review the application and submit a report tn the Director of Planning concerning the following: a. The extent of flood hazard at the site of the proposed 26- Special Use Permit. ll .. 27 clearly and wholly within the floodplain; or 28 fX. Nhether the property subject to the application is determine the flooh protection elevation and to evaluate other 31 the.fol1owing information as may be deemed n.ecessary in order to 30 c. Whether the applicant is required to furnish such of 29 .. (102 32 factors as may be necessary in order to render a decision on '. 4, ' ?, e 1 If such additional information is deemed necessary, then 2 'the sui tabil ity of the particular site for the proposed use. informa.tion. 6 Director o'f Planning to allow the applicant to prepare said 5 extended to a time mutually agreeable to the applicant and the 4 transmittal of the matter to the Planning Commission shall be 3 I (1) Map of the vicinity of the property involved drawn. 8 9 10 to scale showing the location of existing -. structures, fill, and flood control or floodproofing improvements; the location of the property involved; topographic contours o,r 11 and soil types. 3.3 the floodplain and floodway; and significant vegetation 12 elevations; location of the lines demarking the limits of 14 (2) Detailed plan view of the property involved 15 s.b~owtng the location and ground elevation of existing and Is /j proposed structubes, fill, flood control or floqdproofing 17 - significant vegetation and soil 'types. 19 gtvund contours and elevations; and existing and proposed 18 Improvements, roads and utilities; existing and proposed 20 21 -. (3) Typical valley cross-section which passes through tK.e property i-nuolved showihg the stream channel , elevation 22 . of land areas to each side of the channel., location of the 23 floodway and .floodplain, location and elevation of 24 25 26 exi's.ting .. and proposed improvements, and high water level tnformation. ('4) Profile showing the slope'of the bottom of the 27 . channel or flow line of the' stream. 28 C5) Specifications for proposed improvements i'ncluding 29 modification,' storage of mater'ials or equipment, and 31 .. proofing measures, filling, dredging, grabing, channel 30 type of construction and materials, flood control or flood- ('11) 32 utilities. C. ' .A. ' .i // a I. 11 (6) Such other information and data as may be deemed 2 nec.essary in order tb properly evaluate and make a decision 3 Application. 4 on the proposal set forth in the Special Use Permit 5 21.39.060.05 Tra.nsmitta1 to the-Planning Commission. 6 Chitpter, shall be filed with the Director of Planning who shall - 7 Any application for a Special Use Permit pursuant to this transmit the application and recommendation thereon to the 8 9 10 11 12 13 14 l5 I Planning Commission as hereinafter specified: (1) When application for a Special Use Permit is re1ativ.e to a discretionary permit, the Special Use Permit application and recommendation thereon shall be trans- mitted to the Planning Commission in accordance with ~ the time limitations applicable to processing the I dPscreti.onary permit, and ,will be considered by the 16 relative to a discretionary permit, the Special Use 1 9 (?) Vhen th.e application for a Special Use Permit is not 18 of the discretionary permit. 17 I Planning Commission concurrent with the consideration 20 Permit application and recommendatjon thereon shall 21 // be transmitted to the 'Planning Commission and 22 . considered independently when all necessary reports 23 24 and processing has been completed. Notwithstandins the other provisions of. this Chapter, 2 5, an application for a Special Use Permit shall not be 26 declaration has been filed thereon or a draft Environ- 21 considered accepted for processing until a negative 28 29 ll nental Impact Report has been accepted. by the Director of Planning. In any case, the matter need not be .. 30 advertised nor need a public hearing be held by the 31 Planning Commission, but 'the-applicant shall be (12) 32 notified by the Director of Planning of the date and * 11 . .-. . f.. . 1 2 3 4 5 6 7 8 9 10 11 22 2.3 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 30 ' 31 C131 32 w *W place at which the Commission will consider the matter at least' seven days prior to the date on which the Planning Commission shall consider the matter. 21.39.060.06 Announcements of Findings and Decision bl Resolution. Kot more than twenty days following the termination of the proceedings on a Special Use Permit, the Planning Commiss- ion shall announce its findings by formal resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the Planning Commission, make the approva1,conditional approval, or denial of the Special Us.e Permit necessary to carry out the provisions and general purpose of this Chapter, and shall-order that the Special Use Permit be,granted or denied, and if such resolution orders that the Spec.ial Use Permit be granted, it shall also recite such conditions and limitations as the Commission may impose. . .. . '2~39.060.07 Effective Date of Order and Appeal Process. The. Order of the Planning Commission in granting or denying a Spectal Use Permit shall become final and effective ten days after the rendering of its decision granting or denying the Special' Use Permit unless within such ten-clay period an appeal in writing is filed with the Cit.y Clerk by either an applicant oy an opponent. The filing of such appeal within such time ' 1i.mlt sKall stay the effective date of the order of the Planning Comrnis,sion until such time as the City Council has acted on the appeal as' specified by Sections 21.50.110, 21.50.120, 21.50.130, 21.50.140, 21.5.0.l.50 and 21.50.160 of this Title. .. . . .. I 7 .-. .. I 1 2 3 4 5 6 71 0 e EXHIBIT "B" 1 CITY COUNCIL ORDINANCE NO..,- ' ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSEAD, CALIFORNIA, AMENDING .TITLE 21 OF THE CITY OF CARLSBAD 14UNICIPAL COGE OF ESTAB- ' LISKING TtiE E-A, EXCLUSIVE AGRICULTURAL ZONE DISTRICT CASE NO. ZCA-55 NHEREAS, it is in the public interest to create a zone di,s,trict which provides for exclusive agricultural Uses ksherever feasible in an urban environment, and; 8 9 10 11 esteemed part of the character of Carlsbad, and; c IWEREAS, agricultural activities are considered to be an 3.2 WHEfiEAS, pursuant to the provisions of Title 21 of the 13 Carlsbad Municipal Code, the City Planning Commission did, 14 at a duly noticed public hearing, consider the establishment 15 of an exclusive agricuitural zo'ne, and; 16 WHEREAS, the City Council of the City of Carlsbad has, 1'7 by Resolution ria. , adopted the findings of the 18 Planning Commission as their own and expressed their intent 19 to amend Title 21 of the Carlsbad Municipal Code in accordance 20 therewith, and; 21 EIHEREAS, it has been determined that this amendment will not 22 have a significant impact on the environment and, therefore, 23 no further environmental considerations will be required; 24 NOU, THEREFOgE, THE CITY COUNCIL OF THE CITY OF CARLSEAD 25. does ordain that Title 21 of the Carlsbad Municipal Code is 26 hereby amended by adding thereto a new Chapter to be numbered . I. '.' 27 2'1.07, to read as follows: 28 29 30 33. 32 II -. I. .. (1 2'1 e 0 3. 2 3 4 5 6 1 CHAPTER 21.07 E-A EXCLUSIVE AGRICULTURAL ZOHE Sections: 21.07.010 Intent and Purpose. 21.07.020 Principal Uses and Structures Permitted. 21.07.033 Accessory Uses and Structures Permitted. 21.07.050 Uses and Structures Permitted by Conditional Use Permit Subject to Approval of Planning Commission. 21.07.070 Development Standards. 7 purpose of the E-A Zone District is: c 8 Section 21.07.010 Intent and Purpose. The intent and 9 To provide for those uses, such as agriculture, which are . 10 or suited for urban developmznt. II customarily conducted in areas which are not yet appropriate 22 13 To protect and encourage agricultural uses wherever feasible. To implement the goals and objectives of the 14 part of the ongoing character of Carlsbad. 16 To recognize that agricultural activities are an esteemed 15 General Plan. 17 To help assure the continuation of a healthy, 18 Section 21.07.020 Principal Uses and Structure3 Permitted. 19 agricultural economy in appropriate areas. 20 In the E-A Zone District, only the following uses and struc- 23. allowed subject to the provisions of Chapters 21.40 and 21.44 22 tuves are permitted as hereinafter specifically .provided and Floriculture. 28 Crop production. 27 exceed one animal per half (1/2) acre of lot area. 26 the number of any one or combination .of. said animals shall not 25 Cattle, sheep, goat and swine production, provided that 24 governing development standards: 23 29 Greenhouses, provided land coverage shall not exceed fifty 30 Horses, private use. 31 (50) percent. 32 11 11 1 ., -. .. -, 4 e. 1 2 Nursery crop production.. Poultry, rabbits, chinchillas -* hamsters and other small '3 or combination thereof shall be kept on any lot or parcel 4 animals, provided not more than twenty-five (25) of any one 5 11 of land. ,' G Roadside stand for display and sale of products produced 7 than (20) feet to any street or highway. 9 exceed tMo hundred (200) square feet and-is located not neare 8 on the same premises,.providcd that the floor area shall not .. lo 3.1. jl I2 I Tree farms. Truck farms. klil dl ife refuges and game preserves. 13 Other uses or enterprises similar.to the above customarily 14, Section 21.07.030 Accessory Uses and Structures Permit. 15 carried on in the field of general agriculture.' 16 The following accessory uses .and structures are permitted: 17 Accessory uses, and the following accessory .buildings- and .18 structures: private garages, children's playhouses, 19 silos, tank houses, shops, barns,'offices, coops, lath 20 radio and television receiving antennaes, windmills, * uses and structures required for the conduct of the <22 houses, stables, pens, corrals, and other similar access0 21 23 Dogs, cats and other domestic pets, provided not more than 24 permitted uses. + 25 four (4) dogs or four (4) cats older than six (6) months 26 Farmhouse, single-family dwelling. 28 parcel of land. 27 or eny combination thereof shall be kept on any lot or ,. .. 29 30 31 (3) 32 Guesthouse. Home occupation. I . . 11 .. -. .- .. (4) II a 0 1 '2 3 4 5 6 7 8 9 10 21 12 13 ~ I 14 ' 15 16 17 18 I.g I 2o I 21 22 23 24 25 26 27 28 29 30 31 33 32 I ~ 1 Dection 21.07.050 Uses and Structures Permitted by Conditional Use Permit, Subject to Approval of Planning Commi ss i on. Subject to the provisions of Chapter 21.50, the following uses and structures shall only be permitted by Conditional Use Permit and approved by the Planning Commission only if adjoining land-uses are transitional in nature: Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred (400) feet from any street, school, park, "R" Zone, or from any dwelling or place. of human habitation other than that occupied by the owner or caretaker ~ of the apiary. Aviaries. Poultry, rabbits, chinchillas, hamsters and other small animals in excess of the number specified in Section 21.07.020. Farm employee housing for persons working on site, prov'ided the number of units shall not exceed two (2) per gross acre of land area and no such housing is located closer than fifty (50) feet from any lot line. Grange halls, community halls and other similar uses incidental to the promotion and development of agriculture. Hay and feed stores. Nurseries, retail. Packing or processing plants for farm crops provided no* such plant is located closer than fifty '(50) feet to any tot line. Pub1 i c works projects. Sanitary land-fills, temporary. Stables and riding academies, public. Utility facilities. Sectton 21 .C7.07Q Development Standards Subject to the general development standards of Chapter 2'1.40 and 21.44, no lot shall be created or structure constructed s -. -. .I/ . Q. .. .. -. , . ,:;; .. ... . . .. . _... .. ,. 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 29 30 .' (5) 31 32 in the E-A Zone District that. do not.conform to the followin specific standards: 21.07.070.01 Lot Area, Minimum The minimum required area of a lot in the E-A Zone Distri shall conform to the area expressed in acres of not less tha the number following the zoning symbol on the official zonin! map, except that in no event shall a lot be created into less than ten (IO) acres in area. -. Example: E-A-15 shall mean fifteen. (15) acre minimum lot requi'red. ' , 21.07.070.02 Lot b!idth, Minimum. Every lot her'ea.fter created shall maintain a minimum widt at the rear line of the required front yard of not less than three hundred (300) feet. 21.07.070.03 Front Yard. No building'or structures except as otherwise pr.ovided by this Chapter, shall be erected or placed less than forty (40) feet from the front lot line. 21.07.070.04 Side Yards. Every lot and building site shall have a side yard on each side of the lot or building site, and each side yard, kxcept as otherwise provided by this Chapter, shall be not less than fifteen (15) feet in width. t - 21.07.070.05 Rear Yard. Every lot and building site, except as otherwise provided by this Chapter, shall have a rear yard not less than twenty-five (25) feet in depth. 21.07.070.06 Building Height. ., No building uses for dwelling purposes, wherever located, no building or structure used for other than,'dwell ing purpose and located less than one hundred (100) feet from any propert line shall exceed two (2) stories or thirty-five (35) feet I " -. I ,, - . ., -. 'I r 1 2 .3 4 5 G r7 8 9 10 11 . .12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 . 29 30 .. '. ' (6) 31 . .'32 .. .. .' 0 in height, whichever is the lesser. .No building or structurl used. for other than dwelling purposes and located one hundrec (100) feet or more from any property line shall exceed fifty (50) feet in height. 21.07.070.07 Lot Coverage. Lot coverage with buildings and structures in the E-A Zonc District shall not exceed twenty-five (25) percent of the total lot area. ." *C ., .. .. .. ".. I. >-, .. . . . _:. ' . .. , : . :I. .. . . .. . -. . .. .. *. .. -_ . : .. .. " - 5.. . ,* * i! EXHIBIT "C" 0 I ll I 4 .. CITY COUNCIL ORDINANCE NO. I 2 3 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDIN'G TITLE 21 .OF THC CARLSBAD 0-S, OPEN SPACE ZONE DISTRICT MUNICIPAL CODE BY ESTABLISMING THE ZONE CODE AL1ENDMENT NO. 57 7 WHEREAS, it is in the.pub1ic interest to creat'e a zone 8 district which provides for open space and recreational uses 9 10' 11 12 13 14 -15' 16 17 18 19 20 21 22 23 24 25 26 27 28 in an urban environment, and; NHEREAS, open space and recreational considerations are necessary in planning the orderly growth of the community, and; WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad Hunicipal C'ode, the City Planning Commission did, at a duly noticed public hearing, consider the establishment of an open space zone, ,and; NHEREAS, the City Planning Commission has made ce'rtain findings and has recommended that the City Council of the City of Carlsbad enact said zone district into law, and; WHEREAS, the City Council of the City of Carlsbad has, by Resolution No. , adopted the findings of the Planning Commission as their own and expressed their interest to amend Title 21 of the Carlsbad Municipal Code in accordance therewith, and; WHEEEAS, it has been determined that this amendment will not have.a significant impact on the environment and, therefore, no further environmental considerations will be required; NO\-1, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD does ordain. that Title 21 of the Carlsbad Municipal Code is 29 21.09, to read as follows: 30 hereby amended by adding thereto a new Chapter -to be numbered, 31 32 <. . I .L (2) 3. 2 3 4 5 6 7 8 9 10 12 3.2 13' 2.4 15 16 11 18 19 20 23. 22 23 24 25 26 27 28 29 30 33. 32 33 0 e CHAPTER 21.09 0-S OPEN SPACE ZONE Sections: 21.09.01(l 1ntent.and Purpose 21.09.020 Principal Uses and Structures Permitted ' 21.09.030 Accessory Uses and Structures Permitted 21.09.050 Uses and Structures Permitted by Conditional Use Permit Subject to Approval of Planning Commission 21.09.070 Development Standards Section 21.09.010 Intent and Purpose. - The intent and purpose of tile 0-S Zone District is: To provide for open space and recreational uses which have been deemed necessary for the aesthetically attractive and orderly, growth of the Commurtity. To protect and encourage said uses wherever feasible. To be used in conjunction with publicly-owned property utilized as parks, open space, recreation areas, civic centers and other public facilities of a similar nature and for To designate high priority resource areas at time of development that, when combined, would create a logical and comprehensive open space system for the community. To implement the goals and obje.ctives of the General P1 an. Section 21.09.020 Principal Uses and Structures Perlni tted. In the 0-S Zone District, only the following uses and structures 'are permitted as he.reinafter specifically provided and allowed subject to the provisions of Chapters 21.40 and 21 -44 governing development standards: Beaches and Shoreline 2ecreation, public Bicycle Paths Go1 f Courses Horse Trai 1 s Open Space Easements Parks , Pub1 i c e. " .. (3 1.. 1 2 3 4 5 6 7 8 9 10 11 3.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e e Picnic Areas Palygrounds Public Access Easement, non-vehicular Pub1 i c Lands Scenic Easements S1 ope Easements - I ~ I -L " " : : : // 0 0 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 . 29 (4) . 3* 31 32 Sw3mning Pools Tennis Courts a Transportation' Right-of-ways . " Vista Points -~- Section 21.09.030 -. Accessory Uses and Structures Permitted In the 0-S Zone District, only the following accessory / uses and structures are permitted: Accessory uses, and the following accessory buildings and structures: public restrooms, clubhouses, parking areas, Bar-B-Q and fire pit-s, playground equipment, I stairways, patios, changing rooms, pool filtering equipment, fencing and other similar accessory uses and structures required for the conduct of the permitted uses. * Section 21.09.050 Uses and Structures Permitted by Conditional Use Permit, Subject to Approval of Planning- Commission Subject'to the provisions of Chapter 21.50, the following uses and structures shall only be permitted by Conditional Use Permit and approved by the Planning Commission: Group or Organized Camps Marinas Playfields and Athletic Fields, including Courts Public Facilities, structures Recreational Campgrounds Stables and Riding Academies, public Utility Facilities, structures or easements Other related cultural, entertainment, and recreational activities and facilities ... . ,Q > . -, (5 1. >. ., ', 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 29 30 31 32 0 m. .. Section 21.09.070 Devel opnent Standards. Subject to the general development standards of Chapters 21.40 and 21.44, no lot shall be created or structure con- structed in the 0-S Z0n.e District.that do not conform to the following specific standards: 21.09.070.01 Lot Area, Minimum. There shall be no minimum lot area established for the 0-S Zone District. The size of the lot shal..l be depc'ndent upon the exjsting or proposed use. " 21.09.070.02 Yards. All structures erected in the 0-S Zone District shall be located as determined by the Director of Planning. The determination shall be based upon such things as safe sight-distance, adjoining land uses, aesthetics, and other similar considerations .normally used when establishing yard. requirements in other zone districts. 21.09.070.03, Building Height. No building or structure in the 0-S Zone District shall exceed thirty-five (35) feet in height unless a higher elevation is approved by a Conditional Use Permit issued by the Planning Commission. - . 21.09.070.04:'Signs .. . .. All signs lccated in the 04 Zone Ri.s.trict s.hall be subject to the approval of the Director of Planning. Size, copy, deslgn and location should be compatible r.ri.th the use of the land and the purpose and intent of this zone. L .. I I ._ - 0 EXHIBIT I'D" 0. .. .. (2 1 1 2 '3 4 5 6 7 .8 9 20 13. 12 13 I l4 I I 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 29 ' 30 31 32 I . CITY COUMCIL ORDINANCE'NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, Ai4ENDING TITLE 21 OF THE I4UNICIPAL CODE BY ESTABLISHING THE SP SCENIC PRESERVATION OVERLAY ZONE DISTRICT. .. CASE NO. ZCA-58 ' WHEREAS, there are areas of outstanding scenic, historic and cultural value in the Cfty of Carlsbad worthy of preservation, and; ._ WHEREAS, these areas' help give the community its idenlity and character, and; ' WHEREAS, pursuant to the provisions of Title 21 of the Carlsb-ad Muni'ci-pal Code, the 'City Planning Commission did hold a duly noticed public hearing to cons-ider this amendment, and; L'HEREAS, th.e City Plann'ing Commission has made certain findings and kas reconmen,ded that the Cfty Council of the City af Carlsbad enact said Amendment into law, and; t/.HEREAS, the. City Council of the City of C.qrlsbad has, by ResoIutTon No; ' ' '. ,adopted said findings as their own and expressed tkeir intent to amend the law in accordance therewith, and ; WHEREAS, it has been determined'that this Amendment will not h.ave a signifi.c&nt impact on the environment .and,therefore, no furtfier environmental consideration will be required; NOR, THEREFORE, THE CITY COUNCIL of the City of Carlsbad does ordain that Title 21 of the Carlsbad Municipal Code is hereby amended by adding thereto a new Chapter to be numbered 21.37, to read as follows: .. CHAPTER 21.37 . . -SF Scenic Preservation Overlay Zone Sections: . ... .. 21.37.010 Intent and Purpose 21.37.020 Application .. 1 I ..- 1 2 3 4 5 6 7 8 9 10 11 -12 13 14 35 16 17 18 19 20 21 22 23 24 25 26 ,27 28 29 30 31 (21 32 a 0 21.37.040 Permitted Uses and Structures 21.37.050 Devleopmtnt Standards 21.37.060 Permi t Procedures Section 21.37.010 Intent and Purpose. The intent and purpose of the SP Scenic Preservation Overlay Zone is: To supplement the underlying zoning by providing additional regulations for development wi.thin designated areas to preserve or enhance outstanding views, flora and geology, or other unique natural attri bu'ces and historical and cultural resources. To provide regulations in areas which possess outstanding scenic qualities or would create buffers between incompatible land-uses which enhance the appearance of the environment and contribute to community pride and community prestige. To preserve those areas of the City that provide unique and special open space functions. To implement the goals and objectives of the General PI an. Section 21.37.020 Application. The SP Scenic Preservation Overlay Zone Shall be applied in a uniform manner to those areas within the City of Carlsbaci which, in the opinion of the City Council, af'cer.consideration of a Specific Pl.an for each area, are worthy of preservation because of their outstanding views, flora and geology, or other unique natural attributes and historical and cultural resources. The boundaries of this zone.shal1 be established b,y the procedures designated in Chapter 21.52 of the Carlsbad Municipal Code. When only a portion of a parcel of land lies wi'thin the designated scenic overlay, the provisions of this ~ Chapter shall apply only to that portion lying, within said i j '" . . .. 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 29 30 31 32 0 0 scenic overlay boundaries. I Section 21.37.040 Permitted Uses and Structures. - In the SP Scenic Preservation Overlay Zone, - only the follouing uses and structures are permitted as hereinafter . .. .. . .. - I c . . : *. (3 1 .. 1 2 3 4 5 6 7 8 9 lo; 11 12 13 14 55 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 specifically provided and allowed subj.e.ct to the provisions of Chapters 21.40 .and 21.44 governing development standards: Any principal use, accessory use, transitional use or conditional use permitted in the underlying zone, subject to the same conditions and restrictions applicable in such under- lying zone and to all of the require- ments of. this Chapter. 'Section 21.37.050 Development Standards. No use shall be permitted in the SF Scenic Preservation Ove'rfay Zone that does not *conform to the following specific standards: . . . . . . . . '21.37.050.01 Permits Required. No permif.or entitlement: shal1":be issued for any use, development or alteration within the SP Scenic Preservation Overlay Zone unless the proposed use involves no structures and the Director of P;Enning determines such use will not adversely affect the scenic,historic or cultural qualities of the property. All other proposed uses and structures permitted in this zGne shall be required to ob-tain a special use permit as provided for in this Chapter. .. .. I. . . '21.'37.'Q50.02. Exceptions. Notwithstanding the provisions - of Se.ction 21.37.050.01 hereof, the issuance of building perrni'ts for the following uses are excepted from the provisions ** , of th.is Chapter: a. Developmen% of one single-family dwelling unit on a parcel of record at the time of adoption of this Chapter. 6'. Minor modification or alteration of existing structures or buildings which involves new .l.and coyerage of less than two hundred (ZOO) square .feet and does not increase the height of the existing I . -. I1 0 e 1 2 3 4 5 6 7 8 9 10 11 x2 13 14 15 36 3.r 18 19 20 22 22 23 24 25 26 27 28 29 30 31 32 I structure. c. The repair or reconstruction of an existing non-con- forming structure that is destroyed by fire or other disaster to no mo.re than fifty (50) percent of the structure's original floor area. 21.37.050.03 I.(ece.ssary Findings. Prior to the granting of a special use permit, as provided for in this Chapter, evi- - dence shall be presented and accepted showing that the proposed use, development or alteration would be consistent with the intent and purpose of this Chapter, and with the goals and objectives of the General Plan aitd appl.icab1e Specific Plans. When judging this evidence, the following relevant factors shall be considered, as well as the more specific standards as established in the Specific Plcln: a. Mhen the SP Scenic, Preseryation Overlay Zone is applied to protect something worth looking at, i.e. a landmark, a Civic Center, a mountain, or an area bounding the main entrance to the City, the develop- ment standards of the proposed use should deal with preserving the integrity of that amenity. .. b. When the SP Scenic Preservation Overlay Zone is applied to an area from which there is an outstanding view, iie. a scenic corridor, the development standards of the proposed use should deal with maintaining those views as much as possible: (1) Hillsides, hilltops, valleys, beaches, lagoons and lakes'that provide visual and physical relief, in the form of natural contrast, to the City. (2) Open Space areas which assist in defining neighborhood, district and City-identity. (3) Unique topographical' features or natural rock outcroppings and other notable landmarks. (4) Areas of significant historical value. (5) Prime vista sites. .. . '_ * I l e II W 1 d. Specific developm2nt standards which may apply 2 (6) Scenic and historical corridors. 3 4 5 6 i 8 9 10 11 32 13 14 15 16 .. 17 18 19 20 21 22 23 24 25 areas within the SP Scenic Preservation Overlay Zone should be based. on the following factors: (1) Sign Control - restrictions on size, content, design and location. (2) Underground Utilities - requiring the under- grounding of utilities when said action is necessary to carry out the intent a.nd purpose of this Chapter. c 26 27 28 29 30 31 32 . 1 2 3 4 5 6 7 8 9 10 11 12 ' 13 14 15 16 ' . 17 18 19 20 2 3. 22 23 ' '24 25 26 27 28 29 30 31 (5) ' '.32 I ., .. I I .e .. (3) Landscaping - proscribing landscaping requirements and review of plans. (4) Architectural Treatment - establishing acceptable . .. architectural motifs and review of plans. (5) Setbacks - establishment of deeper setbacks when . necessary to maintain scenic corridor. (6) Side Yards - establishment of wider side yards when providing views through the property. (7) Height Limitations - setting maximum height. limits in order to maximize views from beyond. (8) Building Bulk --restrictions on maximum bulk of buildings to break up solid facade. (9) Spacing of Buildings - requiring off-set spacing of buildings to maximize a prime vista point. (10) Other Conditions - any other regulation, condition, program or proposed legislation permitted by the provisions of State law pertaining to Specific Plans necessary to.protect the scenic . . resources ai t-he community. .'Section '21.37.060 Permit Procedures. Any use, development or alteration within the SP Scenic Preservation Overlay Zone, not exempted by Sections 21.37.050.01 or 21.37.Q50,02 of this Chapter, shall obtain a special use permit according to the following procedures: . . . .. '2l'.'37.060.01 Application Form. The Director of Planning shall prescribe the form in which special permit applications pursuant to this Chapter shall be made. He may prepare and provide blanks for such purpose and may prescribe the type of information to be submitted. No application shall be accepted unless. it complies with.'such requirements. .. "21.'37.060.02 Filing Fees. The filing fees for a Special .. Use Permit shall be the same as the fee required for a Conditional Use Permit provided, however, that there shall be no I . I " j. . .. 2 3 4 5 6 7 8 9 lo' 11 12 13 ' 14 15 16 17 18 19 20 21 22 23 24 25 P 27 28 . 29 30 31 ' (6) 32 .. -e . .- to be consider-ed concurrent with another disc1,etionary permit. . . . . . . . 21.:37:060.03 Information to Accompany Permit Applicatior:. - An appl iclation for a Special Use Permit shall be accompanied by five copies of the following except as otherwise specified: a. Plot plan of the property involved, showing proposed grading, structure (s), or use; 6. Legal description of the property invo?ved; c. DescriptiDn of the proposed use of the property unless such can be sufficiently described on the appliclation form; .. . d. Environmental Impact Assessment (one copy only); e. EnvironKental Impa'ct Report (20 copies) if required; and f. Any other maps, plans, information and data that the Director of Planning may deem appropriate. .. . . 21.37.060.04 'Transmittal to the Planning Commission. Any a.pplication foi" &Sp&iiaf'Use ,P'ermit-pursuant to this Chapter, shall be filed with the Director of Planning who shall transmit the application and recommendation thereon to the Planning-Commission as hereinafter specified: [l) When the application for a Special Use Permit is relative to a discretionary permit, the Special Use Permit application and recommendation thereon shall be transmitted to the Planning Commission in accordance . with the time limitations applicable to processing the.discretionary permit, and will be considered by the Planning Commission concurrent with the considera- tion of the discretionary permit. (2) When the application for a Special Use Permit is not relative to a discretionary permif, the Specific Use I 8. .. 0 e. I 2 3 4 5 f .6 7 8 9 10 11 12 13 14 15 16 17 .. . is 19 20 21 22 23 24 25 26 27 28 29 .30 31 c7) 32 .* Permit application and recommendation thereon shall be transmitted to the Planning Commission and considered independently when all necessary reports and processing. have been completed. Mothwithstanding the other provisions of this Chapter, an application for a Special Use Permit shall not be considered accepted f0.r ,processing until a negative declaration'has. b.een filed thereon or a draft Environ- mental Impact Report has been accepted by the Director of Planning. In any case, the matter need not be advertised nor need a public hearing be held by the Planning Commission,'.but the applicant shall be notified by the Director of Planning of the date and place at which the' Commission wjll consider the matter at least seven days prior to the date on which the Planning Commission shall con.sider the matter. 21.37.060.05 Announcements .of Findings and Decision by - Resolution. Not more than twenty days following the termination of the proceedings on a Special Use Permit, the Planning Commission shall announce its findings by formal resolution. and the resolution shall recite, among other things, the facts and reasons which in the opinion of the Planning Commission, I- ._ .* make the approval, conditional approval, or denial of the cc Special Use Permit necessary to carry out the provisions and general purpose of this Chapter, and shall order that the Special Use Permit be granted or denied, and if such .I resolution orders that the Special Use Permit be granted, it shall also rec~ite such conditions and limitations as the j Commission may impose. .. . ... ~ 21.37.'060.06 Effective Date of Order and Appea? 'Process. The order of the Planning Commission in granting or, denying a Special Use Permit shall become final and effective I1 . . I ,. . ,- -b' c .. .. (8 1 e e 1 this Title. g 21.50.120, 21.50.130, 21.50.140, 21.50.150 and 21.50160 of 8 acted on the appeal as speci'fied by Sections 21.50.110, 7 Planning Commission until such time as the City Council has 6 limit. shall stay the effective date of the order of the 5 or an opponent. The filing of such appeal within such time I 4 in writing is filed with'the City Clerk by either an applicant 3 the Special Use Permit unless within such ten-day period an appe 2 ten days after 'che rendering of its decision granting or denying 10' 3-1 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 26 27 28 29 30 31 ., .c I_ .~ . 32 I 5 211