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HomeMy WebLinkAbout1974-04-02; City Council; 9386; CMC 21.06.010 amend/21.40 adds - S-P (scenic preservation) overlay zone establishedORDINANCE NO. 9386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.06.010 AND BY THE ADDITION OF CHAPTER 21.40 TO ESTAB- LISH THE S-PSCENIC PRESERVATION OVERLAY ZONE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.06 is amended by the amendment of Section 21.06.010 to read as follows: late, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, twenty-one classes of zones are by this title established to be known as "21.06.010 Names of zones. In order to classify, regu- follows: E-A - Exclusive Agricultural Zone R-A - Residential Agricultural Zone R- 1 - One-family Residential Zone R- 2 - Two-family Residential Zone R-3L R- 3 - Multiple-family Residential Zone R-P - Residential-Professional Zone R-T - Residential Tourist Zone R-W - Residential Water Way Zone RD-M - Residential Density-Multiple Zone c-1 - Neighborhood Commercial Zone c-2 - General Commercial Zone C -M - Heavy Commercial-Limited Industrial Zone F-P - Floodplain Overlay Zone M - Industrial Zone 0-s - Open Space Zone P -14 - Planned Industrial Zone P-U - Public Utility Zone P-c - Planned Community Zone L-c - Limited Control Zone s-P SECTION 2: - Limited Multiple-family Residential Zone - Scenic Preservation Overlay Zone" 3y renumbering Chapter 21.40 Signs to Chapter 21.41 Signs and by :he addition of the following as Chapter 21.40: That Title 21 of the Municipal Code is amended "Chapter 21.40 S-P SCENIC PRESERVATION OVERLAY ZONE jections: 21.40.010 Intent and purpose. 21.40.020 Application. 21.40.030 Permitted uses and structures. 21.40.040 Special use permit required. 21.40.050 Exceptions. 21.40.060 Permit application. 1 2 3 4 5 6 7 8 9 10 11 12 13 a 14 d 0 2c 21 22 22 24 22 26 27 2e 29 3c 31 3; 21.40,070 Filing fees. 21,40,080 Information to accompany permit application, 21,40,090 Transmittal to Planning Comnission, 21.40.100 Planning Commission determination. 21.40,110 Development standards, 21,40,120 Conditions. 21,40,130 Announcements of findings and decision by resolution, 21-40.140 Effective date of order and appeal process. 21.40,OlO Intent and purpose, The intent and purpose of (a) Supplement the underlying zoning by providing addi- the S-P Scenic Preservation Overlay Zone is to: tional regulations for development within designated areas to preserve or enhance outstanding views, flora and geology, or other unique natural attributes and historical and cultural resources, scenic qualities or would create buffers between incompatible land uses which enhance the appearance of the environment and contribute to community pride and community prestige. (c) To preserve those areas of the City that provide unique and special open space functions consistent with the under- lying permitted use. (b) Provide regulations in areas which possess outstanding (d) Implement the goals and objectives of the General Plar: 21.40.020 Application. The 5-P Scenic Preservation Over- lay Zone shall be applied in a uniform manner to those areas with- in the City of Carlsbad which, in the opinion of the City Council, are worthy of preservation because of their outstanding views, flora and geology, or other unique natural attributes and histori- cal and cultural resources, The boundaries of this zone shall be established by the procedures designated in Chapter 21.52 of the Carlsbad Municipal Code, When only a portion of a parcel of land lies within the designated scenic overlay, the provisions of this chapter shall apply only to that portion lying within said scenic overlay boundaries. 21,40.030 Permitted uses and structures. In the S-P Scenic Preservation Overlay Zone any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restructions applicable in such underlying zone and to all of the requirements of this chapter and to the development standards provided in Chapters 21.41 and 21.44. 21.40.040 Special use permit required. Unless specifi- cally exempted from the permit requirement pursuant to Section 21.40.050, no permit or other entitlement shall issue for any use permitted by Section 21.40.030 nor shall any such use be estab- lished until a special use permit therefor has been issued pursuant to this chapter. 21.40.050 Exceptions. The following uses are excepted from the special use permit requirements: (a) Development of one single-family dwelling unit on a parcel of record at the time of adoption of this chapter. (b) Minor modification or alteration of existing struc- tures or buildings which involves new land coverage of less than two hundred square feet and does not increase the height of the existing structure. (c) The repair or reconstruction of an existing noncon- forming structure that is destroyed by fire or other disaster to 2. 1 2 3 4 5 6 7 8 9 1c 11 12 12 2c 21 22 2: 24 2: 2c 2'; 2E 25 3( 3: 3; k 0 no more than fifty percent of the structureDs ariginal value, 21.40.060 Permit application. The Planning Director shall prescribe the form for special use permit applications and may prescribe the type of information to be submitted. No appli- cation shall be accepted unless it complies with such requirements. The application after payment of the required fee shall be filed with the Planning Director. 21.40.070 Filing fees, The filing fees for a special use permit' shall be as the Ci'ty Council may by resolution estab- lish. 21.40.080 Information to accompany permit application. An application for a special use permit shall be accompanied by five copies of the following, except as otherwise specified: grading, structure(s) or use; (a) Plot plan of the property involved, showing proposed (b) Legal description of the property involved; (c) such can be sufficiently described on the application form; (d) Environmental Impact Assessment (one copy only); (e) Environmental Impact Report (twenty copies) if re- (f) Any other maps, plans, information and data that the Description of the proposed use of the property unlesE quired; and Planning Director may deem appropriate. 21.40,090 Transmittal to the Planning Commission. The Planning Director shall transmit the application for a special use permit, together with his recommendation thereon, to the Planning Commission when all necessary reports and processing have been completed. When an application is relative to another dis- cretionary permit, it may be considered by the Planning Commission concurrent with their consideration of the discretionary permit. The Planning Director shall notify the applicant of the date and place at which the Commission will consider the matter at least seven days prior to such consideration. 21,40.100 Planning Commission determination. The Plannin? Commission shall not issue a special use permit unless they deter- mine that the permit is consistent with the purposes of this chapter and all applicable General and Specific Plans, and that it will not adversely affect the scenic, historical or cultural qualities of the property. In exercising their discretion in making such determinations the Commission may impose srecific development standards in accord with Section 21.40.110 and shall consider the following factors: (a) When the S-P Scenic Preservation Overlay Zone is applied to protect something worth looking at, i.e., a landmark, a civic center, a mountain, or an area bounding the main entrance to the city, the development standards of the proposed use should deal with preserving the integrity of that amenity. (b) When the S-P Scenic Preservation Overlay Zone is applied to an area from which there is an outstanding view, i.e., a scenic corridor, the development standards of the proposed use should deal with maintaining those views as much as possible, Special consideration should be given to preserving the following: (1) Hillsides, hilltops, valleys, beaches, lagoons and lakes that provide visual and physical relief in the form of natural contrast to the City. (c) ... 1 2 3 4 5 6 7 8 9 10 11 12 13 Q 14 20 21 22 22 24 25 26 27 2e 29 3c 31 3% t u (2) Open space areas which assist in defining neigh- (3) Unique topographical features or natural rock (4) Areas of significant historical value. (5) Prime vista sites. (6) Scenic and historical corridors. borhood, district and City identity. outcroppings and other notable landmarks. 21.40,110 Development standards. Specific development standards may be applied to areas within the S-P Scenic Preserva- tion Overlay Zone by Specific Plan or as part of a special use permit. Such standards shall control notwithstanding the provi- sions of the underlying zone and may include but are not limited tc the following: and location. of utilities when said action is necessary to carry out the intent and purpose of this chapter. and review of plans. architectural motifs and review of plans. necessary to maintain scenic corridor. providing views through the property. in order to maximize views from beyond. ings to break up solid facade. buildings to maximize a prime vista point. necessary to protect the scenic resources of the community consis- tent with the purposes of this chapter. (a) Sign control - restrictions on size, content, design (b) Underground utilities - requiring the undergrounding (c) Landscaping - prescribing landscaping requirements (d) Architectural treatment - establishing acceptable (e) Setbacks - establishment of deeper setbacks when (f) Side yards - establishment of wider side yards when (9) Height limitations - reducing maximum height limits (h) Building bulk - restrictions on maximum bulk of build- (i) Spacing of buildings - requiring off-set spacing of (j) Other conditions - any other regulation or condition 21.40.120 Conditions. The Planning Commission or City Council on appeal may impose such conditions on the applicant and the permit as are determined necessary consistent with the provisions of this chapter. 21.40.130 Announcements of findings and decision by reso- lution. Not more than twenty days following the termination of the proceedings on a special use permit, the Planning Commission shall announce its findings and decision by formal resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the Planning Commission, make the approval, conditional approval or denial of the special use permit necessary to carry out the provisions and general purpose of this chapter, and shall order that the special use permit be granted or denied, and if such resolution orders that the special use permit be granted, it shall also recite such conditions and limitations as the Commission may impose. 21.40.140 Effective date of order and appeal process. The order of the Planning Commission in granting or denying a special use permit shall become final and effective ten days after the rendering of its decision granting or denying the special use permit unless within such ten-day period an appeal in writing is filed with the City Clerk by either an applicant or an opponent. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Commission until such 4. 1 i r c 4 E E 7 E 5 1c 11 1: 1: 2c 21 22 22 24 25 26 27 28 29 30 31 32 + 0 - theas the City Council has acted on the appeal as specified by Sections 21.50.110, 21.50.120, 21.50.130, 21.50.140, 21.50.150 and 21.50.160 of this title. appeal the City Council shall be guided by the provisions of Sect ion 2 1.3 1.1 00 . " In making its decision on any such 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 the Carlsbad Journal within fifteen days after its adop- tion. adjourned INTRODUCED AND FIRST READ at an/ regular meeting of the Carlsbad City Council held on the 26th day of March , 1974, and thereafter PASSED AND ADOPTED at a reqular meeting of said City Council held on the 2nd day of April , 1974, by the following vote, to wit: AYES: Councilman Frazee, McComas and Lewis. NOES: None ABSENT: None ABSTAINED: Councilman Chase ' ATTEST : 5.