HomeMy WebLinkAbout2017-09-20; Planning Commission; Resolution 7267
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS TO
DETERMINE THAT THE PROJECT IS WITHIN THE SCOPE OF THE
PREVIOUSLY CERTIFIED GENERAL PLAN ENVIRONMENTAL IMPACT
REPORT (EIR 13-02); AND RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE ZONING ORDINANCE AND LOCAL COASTAL
PROGRAM TO: 1) ALLOW FOR AUTO REPAIR WITHIN THE P-M PLANNED
INDUSTRIAL ZONE SUBJECT TO APPROVAL OF A MINOR CONDITIONAL
USE PERMIT; 2) CHANGE THE PERMIT REQUIRED FOR AUTO STORAGE IN
THE C-M HEAVY COMMERCIAL—LIMITED INDUSTRIAL ZONE, M
INDUSTRIAL ZONE AND P-M PLANNED INDUSTRIAL ZONE FROM A
CONDITIONAL USE PERMIT TO A MINOR CONDITIONAL USE PERMIT; AND
3) ESTABLISH SCREENING REQUIREMENTS FOR AUTO REPAIR AND AUTO
STORAGE USES.
CASE NAME: AUTO REPAIR AND AUTO STORAGE AMENDMENT
CASE NO: ZCA 2017-0004/LCPA 2017-0004 (PUB17Y-0020)
WHEREAS, the City Planner has prepared the proposed amendments to the Zoning
Ordinance and Local Coastal Program pursuant to Section 21.52.020 of the Carlsbad Municipal Code,
Public Resources Code Section 30514, and Section 13551 of California Code of Regulations Title 14,
Division 5.5; and
WHEREAS, California State law requires that the Local Coastal Program, General Plan, and
Zoning regulations for properties in the Coastal Zone be in conformance; and
WHEREAS, the proposed Zoning Ordinance and Local Coastal Program amendments are
set forth in the draft City Council Ordinance, Attachment 1A dated September 20, 2017, and attached
hereto ZCA 2017-0004/LCPA 2017-0004 – AUTO REPAIR AND AUTO STORAGE AMENDMENT; and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any
amendment to the Local Coastal Program; and
WHEREAS, the Planning Commission did on September 20, 2017, hold a duly noticed
public hearing as prescribed by law to consider said request for proposed Zoning Ordinance and Local
Coastal Program amendments; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the Planning Commission considered all factors
relating to the proposed amendments to the Zoning Ordinance (ZCA 2017-0004) and Local Coastal
Program (LCPA 2017-0004).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A. The foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7267
PC RESO NO. 7267 -2-
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B. At the end of the state-mandated six-week review period, starting on September 1, 2017
and ending on October 13, 2017, staff shall present to the City Council a summary of the
comments received.
C. The Planning Commission RECOMMENDS ADOPTION of Finding No. 6, below, to
determine that the project is within the scope of the previously certified General Plan
Environmental Impact Report (EIR 13-02) and no new environmental document is
required.
D. Based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of ZCA 2017-0004/LCPA 2017-0004 – AUTO REPAIR AND
AUTO STORAGE AMENDMENT, based on the following findings:
Findings:
1. The proposed amendments to the Zoning Ordinance (ZCA 2017-0004) and Local Coastal Program
(LCPA 2017-004) are consistent with the General Plan, specifically:
A. 2 – Land Use & Community Design: Goals 2-G.2 and 2-G.9
B. 8 – Economy, Business Diversity, and Tourism: Goal 8-G.2 and Policy 8-P.4
2. The proposed amendments to the Zoning Ordinance (ZCA 2017-0004) and Local Coastal Program
(LCPA 2017-0004) are not detrimental to the public interest, health, safety, convenience or
general welfare, and are consistent with sound planning principles in that the amendments
implement General Plan policies for land use, economy and business diversity, and the proposed
regulations provide the city with discretion to evaluate and regulate auto repair and auto storage
uses to ensure compatibility with surrounding uses.
3. The proposed Local Coastal Program Amendment (LCPA 2017-0004) is consistent with the policies
of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program,
in that LCPA 2017-004 ensures consistency with the Carlsbad Zoning Ordinance, and does not
conflict with any coastal zone regulations, land use designations or policies, with which
development must comply. Future development may be subject to discretionary review and a
coastal development permit to ensure consistency with Local Coastal Program policies and the
Coastal Act.
4. The proposed amendment to the Local Coastal Program (LCPA 2017-0004) is required to maintain
consistency with the Zoning Ordinance.
5. The proposed amendments are consistent with the McClellan-Palomar Airport Land Use
Compatibility Plan.
6. Pursuant to CEQA Sections 15162 and 15168, no new environmental document is required for
this project, based on the following:
A. The proposed amendment is a subsequent activity of the General Plan, for which a
program EIR was certified (EIR 13-02), and is within the scope of the program approved
earlier.
B. The program EIR (EIR 13-02) anticipates the activity for the purposes of CEQA;
C. This project is consistent with the General Plan cited above;
D. The project has no new significant environmental effect not analyzed as significant in EIR
13-02;
E. None of the circumstances requiring a subsequent EIR or a supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on September 20, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Black, Goyarts, Rodman
and Siekmann
Commissioner Montgomery
JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7267 -3-
ATTACHMENT 1A
September 20, 2017
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE
AND LOCAL COASTAL PROGRAM TO: 1) ALLOW FOR AUTO REPAIR WITHIN
THE P-M PLANNED INDUSTRIAL ZONE SUBJECT TO APPROVAL OF A MINOR
CONDITIONAL USE PERMIT; 2) CHANGE THE PERMIT REQUIRED FOR AUTO
STORAGE IN THE C-M HEAVY COMMERCIAL—LIMITED INDUSTRIAL ZONE, M
INDUSTRIAL ZONE AND P-M PLANNED INDUSTRIAL ZONE FROM A
CONDITIONAL USE PERMIT TO A MINOR CONDITIONAL USE PERMIT; AND 3)
ESTABLISH SCREENING REQUIREMENTS FOR AUTO REPAIR AND AUTO
STORAGE USES.
CASE NAME: AUTO REPAIR AND AUTO STORAGE AMENDMENT
CASE NO.: ZCA 2017-0004/LCPA 2017-0004 (PUB17Y-0020)
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on
September 20, 2017 hold a duly noticed public hearing as prescribed by law to consider the proposed
Zoning Ordinance and Local Coastal Program amendments (ZCA 2017-0004/LCPA 2017-0004); and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7267
recommending approval of ZCA 2017-0004 and LCPA 2017-0004; and
WHEREAS, the City Council did on October 24, 2017 hold a duly noticed public hearing as
prescribed by law to consider the Planning Commission’s recommendations; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to ZCA 2017-0004
and LCPA 2017-0004.
NOW, THEREFORE, the City Council of the City of Carlsbad, California ordains as follows:
1. The above recitations are true and correct.
2. The state-mandated six-week review period for the Local Coastal Program Amendment
(LCPA 2017-0004) started on September 8, 2017 and ended on October 20, 2017.
3. All comments received regarding the proposed Zoning Ordinance and Local Coastal
Program amendments (ZCA 2017-0004/LCPA 2017-0004) have been included for the City
Council's review.
4. That the findings of the Planning Commission in Resolution No. 7267 constitute the
findings of the City Council in this matter.
5. The row for “auto storage/impound yards” in Table A of Section 21.30.010 of the Zoning
Ordinance is amended to read as follows:
Use P CUP Acc
Auto storage/impound yards (i.e., overnight product storage) (subject to Section
21.42.140.B.18)
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6. The row for “auto storage/impound yards” in Table A of Section 21.32.010 of the Zoning
Ordinance is amended to read as follows:
Use P CUP Acc
Auto storage/impound yards (i.e., overnight product storage) (subject to Section
21.42.140.B.18)
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7. Table A of Section 21.34.020 of the Zoning Ordinance is amended to add a row for “auto
repair” as follows:
Use P CUP Acc
Auto Repair (subject to Section 21.42.140.B.17) 1
8. The row for “auto storage/impound yards” in Table A of Section 21.34.020 of the Zoning
Ordinance is amended to read as follows:
Use P CUP Acc
Auto storage/impound yards (i.e., overnight product storage) (subject to Section
21.42.140.B.18)
1
9. Section 21.42.140.B of the Zoning Ordinance is amended to add subsections 17 and 18 as
follows:
17. Auto repair. Service bays shall be screened from adjacent properties and public view by a wall,
fence, hedge or other appropriate plant or landscape material between the service bay and the
property line.
18. Auto storage/impound yards. On-site auto storage areas shall be screened to reduce the view
of the auto storage area from surrounding properties and streets. Screening may be
accomplished by a combination of walls, fencing, landscaping or berms.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES LOCATED OUTSIDE THE
COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall
certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the
ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES LOCATED IN THE COASTAL
ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval
of LCPA 2017-004, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance
and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to
be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______
day of __________, 2017, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the __ day of ________, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CELIA A. BREWER, City Attorney
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)