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Home My WebLink About1984-10-10; Planning Commission; Resolution 2365II e e /I 1 I1 PLANNING COMMISSION RESOLUTION NO. 2365 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.06, SECTIONS 21.06.010 AND 21.06.020, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION 21.06.010(6) AND BY THE AMENDMENT OF SECTION 21 -06 -020 TO REGULATE DEVELOPMENT OVERLAY) ZONE. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-180 I LAND USES AND STRUCTURES IN THE a (QUALIFIED ~ 8 9 LO 11 12 13 14 15 16 Commission as follows: 17 18 19 WHEREAS, the Planning Commission did, on the 10th d: October, 1984 hold a duly noticed public hearing as prescribt law to consider said request: and 'WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persc desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearil the Commission recommends APPROVAL of ZCA-180, according Exhibit 'A', dated October 10, 1984, attached hereto and a part hereof, based on the following findings: 20 21 22 23 24 Findings : 1) The zone code amendment will promote orderly, attractive harmonious development, and promote the general welfare 1 preventing the establishment of uses or erection of struc which are not properly related to or which would adverse: impact their sites, surroundings, traffic circulation or environmental setting. 25 2) This project will not cause any significant environmenta: 26 impacts and a Negative Declaration has been issued by tht Land Use Planning Manager on September 25, 1984 and apprc 27 by the Planning Commission on October 10, 1984. //// 28 I II e e 1 2 3 PASSED, APPROVED AND ADOPTED at a regular meeting 01 Planning Commission of the City of Carlsbad, California, helc the 10th day of October, 1984, by the following vote, to wit: 4 5 6 ~ AYES : Chairman Rombotis, Commissioners Marcus, NOES : None Schlehuber, McFadden, Smith and L'Heureux. ABSENT: Commissioner Farrow. 7 /I ABSTAIN : None 8 9 10 * JER LSBAD Y OMBO PL NNING IS, Chairma] COMMI! 11 I/ 12 l3 LAND USE PLANNING MANAGER 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 PC RES0 NO. 2365 28 I1 -2- I/ e 0 I I1 1 /I ORDINANCE NO. 2 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.06 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.06,OlO AND 21.06,020 TO ADD ADDITIONAL USE RESTRICTIONS WITHIN THE Q, QUALIFIED DEVELOPMENT OVERLAY ZONE AND TO ESTABLISH REQUIREMENTS FOR A PUBLIC HEARINNG. 6 7 The City Council of the City of Carlsbad does ordain follows: 8 9 SECTION 1: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the addition of Section 10 I/ 21.06.010(6) to read as follows: “(6) Promote orderly, attractive and harmonious I’ establishment of uses or erection of structures which are not 12 development, and promote the general welfare by preventing the D s properly related to or which would adversely impact their site Y E? 13 surroundings, traffic circulation or environmental setting.” as w yVus 14 SECTION 2: That Title 21, Chapter 21.06 of the gb3Z z zg ZCZ~ 15 Carlsbad Municipal Code is amended by the amendment of Section 0) .v52 u. I iu zugd 16 +PWV 21.06.020 to read as follows: ;S:s 52 y 17 1*21.06.020 Permitted.uses and structures. (a) Subj >t- a aa to the provisions of subsection (b) , in the Q qualified >o development overlay zone, any principal use, accessory use, 0 k I.8 permitted unless the Planning Commission, or the City Council 2, of this chapter. 20 applicable in such underlying zone and to all of the requireme zone is permitted subject to the same conditions and restricti 19 transitional use or conditional use permitted in the underlyin with the various elements and objectives of the general plan, 23 (1) That the requested use is properly related 22 24 25 circulation; 26 27 requested use to existing or permitted future uses in the 28 (b) Notwithstanding subsection (a) no use shall be appeal, finds : the site, surroundings and environmental settings, is consiste will not be detrimental to existing uses or to uses specifical permitted in the area in which the proposed use is to be locat and will not adversely impact the site, surroundings or traffi (2) That the site for the intended use is adeql (3) That all of the yards, setbacks, walls, in size and shape to accommodate the use; fences, landscaping, and other features necessary to adjust tk neighborhood will be provided and maintained; I/ 0 e ' ll /I (4) That the street system serving the proposed 1 use is adequate to properly handle all traffic generated by tk 2 I/ proposed use. /I SECTION 3: That Title 21, Chapter 21.06 of the CarlE 3 4 5 6 7 8 9 10 11 c3 a Gm KS 8 100 70 w 9 g+z z,$= %kg $&So. gL"2 -'e y u: o 5a mci A wo >I- a aa >u k 0 12 13 14 15 16 17 18 19 I 20 21 Municipal Code is- amended by the amendment of Section 21.06.07 to read as follows: t121.06.070 Transmittal to the planning commission. Land Use Planning Manager shall transmit the application for : site development plan, together with his recommendation therec to the Planning Commission when all necessary reports and. processing have been completed. The Planning Commission shall hold a public hearing on the site development plan and shall announce its decision thereon by resolution. Notice of the public hearing shall be given pursuant to Section 21.54.060( 1; this Code. When an application is relative to another discretionary permit, it may be considered by the Planning Commission concurrent with their consideration of the discretionary permit." SECTION 4: That Title 21, Chapter 21.06 of the Carl: Municipal Code is amended by the amendment of Section 21.06.1~ to read as follows: "21.06.140 City Council hearing. Upon receipt of a written appeal the City Clerk shall advise the Land Use Plannl Manager and shall set the matter for public hearing by the Cil Council. Notice of the public hearing shall be given pursuanl Section 21.54.060(1) of this Code. The City Council shall announce its decision by resolution. If such resolution grani approval of a site development plan it shall also recite such conditions, requirements, design criteria or development standards as the Council may impose. The decision of the Cit: Council is final. In the event the decision of the City Counc on an appeal is contrary to a decision of the Planning Commis: the Land Use Planning Manager shall so report to the commissic and include the basis of the Council action." 22 EFFECTIVE DATE: This ordinance shall be effective Z3 its adoption. 26 at least once in the Carlsbad Journal within fifteen days aftc 25 to the adoption of this ordinance and cause it to be publishec 24 thirty days after its adoption, and the City Clerk shall cert: 27 /// 28 /// 4 '. 1 2 3 4 5 6 7 a 9 10 11 Q a fm -18 &S 8 2 ZK mG io 5a $&So &J5 QOXz cc<g q 2 wv ggzQm %Z k V 12 13 14 15 16 17 18 0 0 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of 1984, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1984 by the following vote, to wit: AYES : NOES : ABSENT: MARY H. CASLER, Mayor ATTEST: ALETHA L. .WUTENKRANZ, City Clerk 19 I 20 21 22 23 24 25 26 27 28