HomeMy WebLinkAbout1970-09-15; City Council; 9252; Ord 9060 amend - Conditional Use Permits (CUPs)The City Council of the City of Carlsbad does ordain as 6i follows: 7
81 I SECTION 1. ARTICLE 14, SECTIONS 1400, 1401, 1402, 1403,
1404, 1405, AN 1406 OF ORDINANCE NO. 9060 AMENDED. Sections
1400, 1401, 1402, 1403, 1404, 1405, and 1406 of Article 14 of 9, '
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Ordinance No. 9060 are hereby amended to read as follows: 10 /j
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12 !I SECTION 1400: PERMITTED USES. All of the following in all
! matters directly related thereto are declared to be uses possessing
j/ characteristics of such unique and special form as to make impracti
1 cal their being included automatically in any classes of use as set
1 forth in the various zones herein defined, and t authority for
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16 I the location and operation thereof shall be subject to review and 17 i I/ 18 the issuance of Conditional Use Permits. It is also intended for
1 uses whose approximate location is indicated in the General Plan,
but whose B
In granting the permit, certain safeguards to protect the health,
safety and general welfare may be required as conditions of approval
c-t location and arrangements must be carefully studied 20
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The following uses may be permitted by approval of a
Conditional Use Permit in the following zones:
// 1 . R-A (Residential-Agricul tural) Zone only.
a. Agricultural Lab0
b. Temporary Public Dumps 27 j
I 2. All zones including Residential. 28 i
d. Circuses and Carnivals, only those constructed and oper- ated by a community school or church group for a period
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Public Utilities or utilities operated by mutual agencies consisting of water wells, gas metering and regulating stations, telephone exchanges, booster stations or conver- sion plants, with the necessary buildings, apparatus or
appurtenances incident thereto, but not including distri- bution mains.
R-A, Commercial or Industrial Zones.
a. Nurseries and Nursery Supplies.
of not more than two (2) days only, and provided said use is approved by the City Manager and will be contained within the school or church property.
Planned Community development). 2. e. Golf Courses (except as may be approved as part of a
4. R-P(Residentia1-Professional), Commercial and Industrial Zones.
a. Mortuaries.
5. All zones except Residential.
a. Airports and Landing Fields.
b. Commercial circuses and carnivals operating within the City Limits of Carlsbad shall, in addition to filing all necessary documents for a Conditional Use Permit, also submit for consideration by the Planning Commission, a schedule of operations, including availability of parking types of games, rides and amusements proposed, and pro- posed hours of operation.
within a cemetery. c. Columbariums, Crematories and Mausoleums, not located
d. Hospitals
e. Establishments or enterprises involving large assemblages
f. Amusement Parks
g.
of people or automobiles.
Institutions for treatment of alcoholics
h.
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Pri vatel y-operated Recreational Centers
Racetracks
Stadiums
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1 1. Veterinarians and Small Animal Hospitals 21)
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q. Radio or Television Transmitters
r. Fairgrounds
m. Automobile Repair Facilities (not permitted in C-1 Zone.)
n. Drive-Thru Restaurants
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0. Take-Out Restaurants (where food is not served within a
dining area)
a. Automobile Laundries
b. Auto Storage or Impound Yards
c. Sewage Disposal Plants
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p. Open Air Theatres
al) Zone. Automobile service stations are hereby defined as retail
supply of goods and services generally required in the operation
and maintenance of automotive vehicles, and the fulfilling of motor
ist's needs. These may include sale of petroleum products; sale an
servicing of tires, batteries, automotive accessories and replace-
ment items; washing and lubrication services; the performance of
minor automotive maintenance. Automobile service stations as used
herein does not include chain, automatic or coin-operated wash rack
or automobile sales.
3.011 6. Industrial Zones only.
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d. Boat Storage Yards (only for those boats which can be moved on the public highways without a special permit and further provided they are contained within and not stored higher than a solid fence or wall.)
e. Kennels
f. Auto Wrecking Yards
g. Transit Storage (permitted in P-M(P1anned Industrial) Zone without Conditional Use Permit. )
7. Automobile service stations may be permitted by Conditional Use
Permit in any zone other than an R (Residential) or a P (Profession-
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situations is found to exist: That it is to be
developed as part of a master-planned recreation area,
industrial park, regional or community shopping center;
That it is to be devel oped as part of a f reeway-ser-
vice facility, containing a minimum of two (2) freeway
oriented uses; (3) That it is to be developed as part
of a commercial facility that is an integral part of a
Planned Community development.
B. In the event a permit is granted for an automobile ser-
vice station, the following standards of development
therefor shall be required as conditions of such grant-
ing:
1. Planning Department approval of architectural eleva-
tions to insure that the use will harmonize with the
neighborhood.
2. Approval of the Planning Department of landscape plans
consisting of at least the following: (1) Perimeter
planter areas of a minimum of six feet in width and
planter areas adjacent to the structure; Six-inch
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concrete curb bounding a1 1 pl anter areas ; (3) Land-
scaping including a combination of flowers, shrubs, ani
trees; (4) A sprinkler system providing total and
effective coverage to all landscaped area; (5) A state
ment delineating a maintenance schedule and responsi-
bility for maintenance of landscaped areas.
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26 3. A si x-f oot high, masonry wall shall be constructed on
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dential or professional-zoned property. 28
29 4. All exterior lightin shall be shielded or oriented in
such way so as not to glare on adjacent properties.
5. All displays and storage shall be contained within the
main structure.
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32 6. Trash conta ners shall be contained within a six-foot
high enclosure.
7. All signs shall be in conformance with the City of
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lic convenience and necessity.
7. C. Standards of development (Subparagraph B above) shall apply
to existing service stations when renovated structurally
and, any newly developed service stations. Provisions
regarding location shall not apply to automobile service
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ordinance.
SECTION 1401: A Conditional Use Permit shall be granted only if
the following facts are found to exist in regard thereto:
(1) That the requested use is necessary or desirable for the de-
velopment of the community, is essentially in harmony with
the various elements and objectives of The General Plan, and
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is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be lo-
cated.
shape to accommodate said use.
I (3) That all of the yards, setbacks, walls, fences, landscaping,
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and other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood will be
provided and maintained.
(4) That the street system serving the proposed use is adequate
to properly handle all traffic generated by the proposed use.
SECTION 1402: In granting a Conditional Use Permit, any and all
conditions necessary to protect the public health, safety and wel-
fare, may be added thereto, including but not limited to the follow
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ing:
(1) Regulation of use
(2) Special yards, space, and buffers
(3) Fences and walls
(4) Dedicating and improving public improvements
(5) Servicing of parking areas in City specifications
(6) Regulation of points of vehicular ingress and egress
(7) Requiring placement and maintenance of landscaping
(8) Regulation of noise, vibrations, odors, etc.
(9) Regulation of time for certain uses on the subject property
(10) Time schedule for developing the proposed use
(11) Time period during which the proposed use may be continued
(12) Other conditions necessary for the development of the City in
an orderly and efficient manner and in conformity with the
intent and purpose set forth in this ordinance.
SECTION 1403: TIME LIMITATION. Unless otherwise stated in writing
in the resolution granting the Conditional Use Permit, a Conditiona'
Use Permit shall automatically be void and of no further force and
effect if construction of the proposed use granted thereby is not
completed within one(1) year from the date of granting of said per-
mit.
SECTION 1404: YARD REQUIREMENTS. The provisions for required fron-
and side yards applicable to the particular zone in which any such
use is proposed to be located shall prevail, unless in the findings
and conditions recited in the resolution dealing with each such
matter, specific exemptions are made with respect thereto.
SECTION 1405: HEIGHT AND AREA REQUIREMENTS. The provisions for
height and area applicable to the particular zone in which any such
use is proposed to be located shall prevail, unless in the findings
and conditions recited in the resolution dealing with each such mat
ter, specific exemptions are made with respect thereto.
SECTION 1406: OFF-STREET PARKING REQUIREMENTS. The requirements fo,
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provisions of off-street parking applicable to the particular use
shall prevail, unless in the findings and conditions recited in
the resolution dealing with each such matter, specific exemptions
are made with respect thereto."
This ordinance is a continuance of the provisions of the
previous Article 14 of Ordinance No. 9060, and uses granted under
previous forms of this article shall not be affected by the enact-
ment of this amendment thereof.
I 1111 REPEALED. Subparagraphs 8 and 12 of Section 1200, and Subpara-
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SECTION 11. SUBPARAGRAPHS 8 AND 12 OF SECTION 1200, AND
SUBPARAGRAPHS 2, 31 AND 35 OF SECTION 1300 OF ORDINANCE NO. 9060
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graphs 2, 31, and 35 of Section 7308 of Ordinance No. 9060 are
hereby repealed.
Introduced: September 1, 1970
PASSED: September 15, 1970
ATTEST:
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