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Home My WebLink About1994-02-02; Planning Commission; Resolution 36331 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 PLANNING COMMESSION RESOLUTION NO. 3633 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING VARIOUS CHAPTERS OF TITLE 21, OF THE CARLSBAD MUNICIPAL CODE TO (1) DISCRIMINATE BETWEEN RESIDENTIAL DWELLING UNITS AND COMMERCIAL LMNG UNITS AND (2) ALLOW TIME-SHARE PROJECTS WITHIN THE C-T AND C-2 ZONES WITH A CONDITIONAL USE PERMIT. CASE NAME: TIME-SHARE ZONE CODE AMENDMENT CASE NO: ZCA 93-07 WHEREAS, a verified application has been filed with the City of Carlsbad a referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Til 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannix Commission did, on the 16th day of March, 1994, hold a duly noticed public hearing prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimol and arguments, if any, of all persons desiring to be heard, said Commission considered a factors relating to ZCA 93-07. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissic RECOMMENDS APPROVAL of ZCA 93-07, according to Exhibit "Z", dated March Z 4994, attached hereto and made a psrt hereof, based on the following findings: Fbhns: I. The City Council adopted by resolution a citywide facilities and improvements pla IO implement the city's general plan by securing provision of facilities an improvements, and to ensure that development does not occur unless facilities an improvements are available. I! 0 0 2. The proposed amendment is consistent with the intent of the existing city-wic that hotel, motel, time-share, and board and care projects were not considered i 1 units for the purpose of dwelling unit calculations. 2 facilities and improvements plan, dated September 16,1986 as that document statc 3 3. The City Council has previously conditioned time-share projects to convert to hot 4 use if unsuccessful and/or to limit sales to time increments not to exceed one monl thereby ensuring a commercial rather than residential land use. 5 6 7 8 the following vote, to wit: PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir Commission of the City of Carlsbad, California, held on the 2nd day of February, 1994, I 9 10 11 AYES: Chairperson Savary; Commissioners: Schlehuber, Betz, Nobl Welshons, Erwin & Hall. NOES: None. 12 ABSTAIN: None. 13 ABSENT: None. 14 15 16 I.7' ATTEST: /P D /-+ dpH" PEGGflSfikkY, Chairperson ,/ CARLSBAD PLANNING COMMISSION .. - /I . 19 Lull 1 11 MICHAE L J. H~ZMI~ER 20 21 PLANNING DIRECTOR 22 23 24 25 26 /I 27 28 PC RES0 NO. 3633 -2- e 0 1 2 3 4 5 6 7 8 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING CHAPTER 21.04 (DEFINITIONS) BY ADDING SUBSECTION 21.04.093 TO DEFINE COMMERCIAL LIVING UNIT, AMENDING SUBSECTION 21.04.115 (DWELLING) TO EXCLUDE COMMERCIAL LIVING UNITS, AND BY AMENDING SECTION 21.42 (CONDITIONAL USES) BY AMENDING SUBSECTION 21.42.010(10) TO CONDITIONALLY ZONES. ALLOW TIME-SHARE PROJECTS IN C-T AND C-2 9 WHEREAS, the City Council adopted by resolution a city-wide facilities and lo 11 improvements plan to implement the City's general plan by securing provision of facilities 12 and improvements, and to ensure that development does not occur unless facilities and I/ improvements are available; and 13 14 WHEREAS, that city-wide facilities and improvements plan, dated 15 16 September 16, 1986, states that hotels, motels, time-shares, and board and cares are not to be considered as units for the purpose of dwelling unit calculations; and 17 WHEREAS, the City Council has conditioned time-share p 70 j ects to convert 18 19 20 to hotel use if unsuccessfully marketed as a time-share and/or limited sales to time increments not to exceed one month; and 21 ll WHEREAS, the North Beach Planninflraffic study dated April, 1987 states 22 23 that in appearance and function time-share projects operate like a hotel; The City Council of the City of Carlsbad, California does ordain as follows: 24 SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code 25 is amended by the addition of Section 21.04.093 to read as follows: 26 II 21.04.093 Commercial Living Unit. 27 the basic amenities for everyday living and may include but is not limited to a sleeping 28 to a professional care facility, hotel, motel, time-share, or bed and breakfast that provides "Commercial Living Unit" means a unit that may be within but is not limited area, or bedroom(s), closet space, restroom, sittingjentertainment area, and kitchen e e facilities. Commercial living units are distinguished from dwelling units due to the 1 2 assistance/services provided in conjunction with the living unit and/or the use of the living to include the following: 4 3 unit for temporary lodging." SECTION 11: That Title 21, Chapter 21.04, Section 21.04.115 is amended 5 21.04.115 Dwelling, "Dwelling" means a building or portion thereof designed exclusively for 6 7 residential purposes, including one-family, two-family and multiple dwellings, but does not include commercial living units. a SECTION 111: That Title 21, Chapter 21.04, Section 21.42.010(10) is 9 amended to read as follows: 10 (10) V-R, R-P, R-3, RD-M, R-T, C-T, and C-2 zones only: 11 (A) Time-share projects as defined by Section 21.04.357 of this code and subject to the following regulations: projects. All projects shall be subject to the development standards and design criteria of 13 Chapter 21.45 of this code, except that: 15 parking down to one parking space per unit. l4 (I) The city council may reduce the required residential (11) The city council may waive' the storage area requirements of Section 21.45.090(1). Any reduction in the parking or storage requirements 16 shall be supported by a finding that the reduction is necessary for the development of the project and will not adversely affect the neighborhood. 1'7 (ii) If a time-share project on a residentially zoned property is proposed with reduced standards, the applicant shall provide a conversion plan showing l8 how the project can be altered to bring it into conformance with the development 19 standards and design criteria of the planned development ordinance. A conversion shall Ibe approved as and be made a part of the permit for the project. zone it shall be conditioned to be converted to a hotel use if it can not be successfully 21 marketed as a time-share project, and shall be subject to all conditions of Section 22 21.42.010(12)(A)(i) and (ii). (iv) All proposals for time-share projects shall be accompanied 23 by a detailed description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance. 24 A management and maintenance plan shall be approved as and made a part of the permit 25 for the project. (v) All units in a time-share project shall be time-share units 26 except a permanent on-site management residence unit may be permitted. The maximum time increment for recurrent exclusive use of occupancy of a time-share unit shall be four 27 months. A note indicating this requirement shall be placed on the final map for the 28 project. 12 (i) A conditional use permit shall be required for all time-share 20 (iii) If a time-share project is proposed in a non-residential 3 II A Ii 0 8 (vi) In addition to the four mandatory findings required for the 1 issuance of a conditional use permit under Section 21.42.020, the city council shall find that 2 the time-share project is located in reasonable proximity to an existing resort or public time-share project and that the project will not be disruptive to existing or future uses in recreational area and, therefore, can financially and geographically function as a successful 3 the surrounding neighborhood. 4 (vii) Time-share projects may be allowed in the P-C zone if specified in the master plan for the area in which they will be located and the land use 5 designation for the master plan area in which the proposed time-share project will be located is similar to the R-P, R-3, RD-M, R-T, C-T, or C-2 zones. 6 (viii) All of the provisions of this section shall apply to the 7 conversion of an existing structure to a time-share project. (ix) All time-share projects shall be processed in accordance 8 with this section except that subsequent to planning commission review, the matter shall be set for public hearing before the city council. The city council may approve, 9 conditionally approve, or deny the project. The decision of the city council is final. (x) A subdivision map filed in accordance with Title 20 of this lo 11 code shall accompany any application for a time-share project. 12 13 14 15 fifteen days after its adoption. 16 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 17 City Council held on the day of , 1994, and thereafter EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within the City within l8 /I PASSED AND ADOPTED at a regular meeting of said City Council held 19 ~ /on day of , 1994, by the following vote, to wit: 20 21 22 AYES: NOES: 23 24 ABSENT: 25 ATTEST: 26 CLAUDE A. LEWIS, Mayor I1 27 ALETHA L. RAUTENKRANZ, City Clerk 28 ILSEAL) 3