HomeMy WebLinkAbout2005-07-20; Planning Commission; Resolution 59261
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 COMMISSION RESOLUTION NO. 5926
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
CHAPTER 21.29 (C-T COMMERCIAL TOURIST ZONE) OF
THE MUNICIPAL CODE TO ENSURE CONSISTENCY WITH
THE TR LAND USE DESIGNATION OF THE GENERAL
PLAN.
CASENAME: C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
CASE NO.: ZCA 02-02
WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal
Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code
(Zoning Ordinance) relating to the C-T Commercial Tourist zoning regulations; and
WHEREAS, the proposed amendment is set forth in Section 2 of the draft City
Council Ordinance, Exhibit “X,” dated July 20, 2005, attached hereto C-T ZONE AND TR
LAND USE DESIGNATION AMENDMENTS - ZCA 02-02; and
WHEREAS, the Planning Commission did on the 20th day of July 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
staff, and considering any written comments received, the Planning Commission considered all
factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of C-T ZONE AND TR
LAND USE DESIGNATION AMENDMENTS - ZCA 02-02, based on the
following findings:
...
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
Findines:
1.
2.
The proposed Zon Code Amendment, ZCA 02-02, is consistent with th General Plan in
that it implements Land Use Element - Commercial Implementing Policy C.12,
which specifies that Section 21.29.030 of the Zoning Ordinance (Commercial Tourist
Zone, Permitted Uses) shall be revised to “more accurately implement the intent of
the TraveYRecreation Commercial general plan designation to serve the traveling
public, visitors to the city, as well as employees of business and industrial centers.”
The proposed Zone Code Amendment, ZCA 02-02, reflects sound principles of good
planning in that it: a) ensures consistency with the General Plan and Zoning
Ordinance; and b) ensures the intent of the TraveURecreation general plan
designation will be more accurately implemented.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of July 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
JEFFRE
CARLSBAD PLANNING COMMISSION
ATTEST: n c DON NEU
Assistant Planning Director
PC RES0 NO. 5926 -2-
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
Exhibit X
July 20, 2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
TOURIST ZONE REGULATIONS TO ACHIEVE CONSISTENCY
WITH THE TR LAND USE DESIGNATION OF THE GENERAL
PLAN, AND AMENDING SPECIFIC PLAN 186 (SP 186(B)) TO
ENSURE CONSISTENCY WITH CHAPTER 21.29 OF THE
MUNICIPAL CODE BY AMENDING THE C-T COMMERCIAL-
MUNICIPAL CODE (C-T COMMERCIAL-TOURIST ZONE).
CASENAME: C-T ZONE AND TR LAND USE DESIGNATION
AMENDMENTS
CASE NO.: ZCA 02-02 / SP186 (B)
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a Zone Code Amendment (ZCA 02-02) to amend Chapter 21.29 of the Carlsbad
Municipal Code (C-T Commercial-Tourist Zone) to more accurately implement the TR
TraveVRecreation Commercial land use designation of the General Plan; and
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a Specific Plan Amendment (SP 186(B)) to revise the list of uses permitted in Area
B (Travel Oriented Uses) of Specific Plan 186 to ensure consistency with the C-T Commercial-
Tourist Zone of the Carlsbad Zoning Ordinance, and update terminology used throughout
Specific Plan 186 for consistency with the Zoning Ordinance and General Plan; and
WHEREAS, after procedures in accordance with the requirements of law, the
City of Carlsbad has determined that the public interest indicates that said amendment to the
Zoning Ordinance (ZCA 02-02) and amendment to Specific Plan 186 (SP 186(B)) be approved.
NOW THEREFORE, the City Council of the City of Carlsbad, California does
ordain as follows:
SECTION I: That the amendment to Specific Plan 186 (SP 186(B)), is approved
as shown in Planning Commission Resolution No. 5928, on file with the City Clerk and
incorporated herein by reference.
SECTION 2: That Chapter 21.08 of the Carlsbad Municipal Code is amended to
read as follows:
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
Chapter 21.29
C-T COMMERCIAL TOURIST ZONE
Sections:
21.29.010 Intent and purpose.
21.29.020 Location.
21.29.030 Permitted Uses.
21.29.040 Building height.
21.29.050 Placement of buildings.
21.29.010 Intent and purpose.
A.
1.
2.
The intent and purpose of the C-T Commercial Tourist Zone is to:
Implement the TraveVRecreation Commercial (TR) Land Use designation of the
Carlsbad General Plan; and Provide for the development of tourist-oriented attractions and commercial uses
that serve the travel and recreational needs of tourists, residents, as well as employees of
business and industrial centers; and
3. Provide regulations and development standards to ensure such uses are
compatible with and designed to protect surrounding properties, ensure safe traffic circulation,
and promote economically viable tourist-oriented areas of the City.
21.29.020 Location.
It is intended that the C-T Commercial-Tourist Zone be placed on properties
located near major transportation corridors or recreation areas as designated by the general
plan and any applicable specific plans.
A.
21.29.030 Permitted Uses.
In the C-T Commercial-Tourist Zone, notwithstanding any other provision of this
title, only the uses and structures listed in Table A, below, shall be permitted, subject to the
requirements of this chapter and the development standards provided in Chapters 21.41 and
21.44.
The uses and structures permitted by conditional use permit, as indicated in
Table A, shall be subject to the provisions of Chapters 21.42 and 21 50.
Uses similar to those listed in Tables A and B may be permitted if the planning
director determines such similar use falls within the intent and purpose of this zone, and is
substantially similar to a specified permitted use.
A use category may be general in nature, where more than one particular use fits
into the general category (e.g., in some commercial zones “offices” is a general use category
that applies to various office uses). However, if a particular use is permitted by conditional use
permit in any zone, the use shall not be permitted in a zone (even under a general use
category), unless it is specifically listed in the zone as permitted or conditionally permitted.
A.
B.
C.
D.
-2-
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
TABLE A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements F the
Municipal Code:
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
-3 -
Acc
X
X
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
TABLE A cont’d
Permitted Uses
-4-
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
USE P
Tourist information centers X
TABLE A cont’d
CUP Acc
Transit passenger terminals (bus & train)
Travel agencies
Vacation rental office
X
X
X
Video rentalkales
Windmills (exceeding height limit), subject to Section 21.42.010(5)(AA)
Zoos (private), subject to Section 21.42.01 0(2)(K)
Note:
Accessory uses shall be developed as an integral part of a permitted use within
or on the same structure or parcel of land.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Public/quasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmission/distribution
electrical substations, operating centers, gas metering/regulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto. A CUP shall not be
required for those utility buildings/facilities that are built, operated or maintained by a public
utility to the extent they are regulated by the California Public Utilities Commission.
1)
2)
3)
X
X
X
21.29.040 Building height.
No building in the C-T zone shall exceed a height of thirty-five feet or three levels
and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five
feet. Additional building height may be permitted to a maximum of forty-five feet through a site
development plan approved by the city council provided that:
A.
1.
2.
The building does not contain more than three levels; and
All required setbacks shall be increased at a ratio of one horizontal foot for every
one foot of vertical construction beyond thirty-five feet. The additional setback area will be
maintained as landscaped open space; and
The building conforms to the requirements of Section 18.04.170 of this code; and
The allowed height protrusions as described in Section 21.46.020 do not exceed
forty-five feet; with the exception of architectural features such as flagpoles, steeples or
architectural towers which may be permitted up to fifty-five feet if the council makes the specific
findings that the protruding architectural features:
3.
4.
a.
b.
C.
d.
Do not function to provide usable floor area; and
Do not accommodate and/or screen building equipment; and
Do not adversely impact adjacent properties; and
Are necessary to ensure a building’s design excellence.
21.29.050 Placement of buildings.
On any lot where the side or rear lot line abuts property in any R zone and no alley intervenes, no building shall be erected closer than ten feet to such lot line; provided,
further, if such a lot abuts upon an alley, no building shall be erected closer than five feet to the
rear lot line of such lot.
A.
SECTION 3: That the findings of the Planning Commission as set forth in
Planning Commission Resolutions No. 5925 , 5927 and 5928 constitute the findings of the City
Council.
-5-
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
EFFECTIVE DATE: This ordinance shall become effective thirty (30) 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 publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become
effective within the City’s Coastal Zone until LCPA 02-06 is approved by the California Coastal
Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAl N:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-6-