HomeMy WebLinkAbout1974-02-26; Planning Commission; Resolution 1048.- . . 3
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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.
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5 WHEREAS, on February 13, 1974 the Planning Commission of the City
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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
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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
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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
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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.
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1 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
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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
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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 '$
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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
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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,
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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
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.. . . . . . . . . . - 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.
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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.
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3 To clearly designate those areas of the City that could be
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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
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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
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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.
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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.
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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
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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.
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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
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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: '
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3.' (1) Cultivation and growing .of agrixultural crops,
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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.
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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,
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('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
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than that. permitted in this section. 18
involve construction, alteration or grading other
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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
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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- ..
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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:
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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
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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
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' 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.
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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 ..
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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
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(102 32 factors as may be necessary in order to render a decision on
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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.
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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
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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
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- significant vegetation and soil 'types. 19
gtvund contours and elevations; and existing and proposed 18
Improvements, roads and utilities; existing and proposed
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-. (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
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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
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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.
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11 (6) Such other information and data as may be deemed
2 nec.essary in order tb properly evaluate and make a decision
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Application. 4
on the proposal set forth in the Special Use Permit
5 21.39.060.05 Tra.nsmitta1 to the-Planning Commission.
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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
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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
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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
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and processing has been completed.
Notwithstandins the other provisions of. this Chapter,
2 5, an application for a Special Use Permit shall not be
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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
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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.
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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;
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11 esteemed part of the character of Carlsbad, and;
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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:
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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.
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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 .
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or suited for urban developmznt. II
customarily conducted in areas which are not yet appropriate
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To protect and encourage agricultural uses wherever feasible.
To implement the goals and objectives of the
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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,
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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-
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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
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Horses, private use. 31
(50) percent.
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Nursery crop production..
Poultry, rabbits, chinchillas -* hamsters and other small
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or combination thereof shall be kept on any lot or parcel 4
animals, provided not more than twenty-five (25) of any one
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,' G Roadside stand for display and sale of products produced
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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
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Tree farms.
Truck farms.
klil dl ife refuges and game preserves.
13 Other uses or enterprises similar.to the above customarily
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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,
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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
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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
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Farmhouse, single-family dwelling. 28
parcel of land. 27
or eny combination thereof shall be kept on any lot or
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Guesthouse.
Home occupation.
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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
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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
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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.
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CITY COUNCIL ORDINANCE NO. I 2
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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
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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
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21.09, to read as follows: 30
hereby amended by adding thereto a new Chapter -to be numbered,
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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
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Picnic Areas
Palygrounds
Public Access Easement, non-vehicular
Pub1 i c Lands
Scenic Easements
S1 ope Easements
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Sw3mning Pools
Tennis Courts
a Transportation' Right-of-ways .
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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
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.. 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
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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.
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. 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.
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CASE NO. ZCA-58
' WHEREAS, there are areas of outstanding scenic, historic
and cultural value in the Cfty of Carlsbad worthy of
preservation, and;
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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:
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21.37.010 Intent and Purpose
21.37.020 Application
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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
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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 .
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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:
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'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.
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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
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, 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
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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.
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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.
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d. Specific developm2nt standards which may apply 2
(6) Scenic and historical corridors.
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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.
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(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:
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'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
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to be consider-ed concurrent with another disc1,etionary permit.
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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;
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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
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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,
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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
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resolution orders that the Special Use Permit be granted, it
shall also rec~ite such conditions and limitations as the
j Commission may impose. .. . ...
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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
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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
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