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HomeMy WebLinkAbout1984-11-20; City Council; 9739; CMC 21.06 amends - Qualified dev. overlay zone add'l use restrictions & hearing1I 1: 15 2c 21 22 2% 24 25 26 27 28 ORDINANCE NO. 9739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.06 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.06.010, 21.06.020, 21.06.070 AND 21.06.140 TO ADD ADDITIONAL USE RESTRICTIONS WITHIN THE Q, QUALIFIED DEVELOPMENT OVERLAY ZONE AND TO ESTABLISH REQUIREMENTS FOR A PUBLIC HEARING. The City Council of the City of Carlsbad does ordain as fol3.ows: SECTION 1: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the addition of Section 2?.06.010(6) to read as follows: development, and promote the general welfare by preventing the establishment of uses or erection of structures which are not properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting." "(6) Promote orderly, attractive and harmonious SECTION 2: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the amendment of Section 21.06.020 to read as follows: 1121.06.020 Permitted uses and structures. (a) Subject to the provisions of subsection (b), in the Q qualified - development 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 restrictions applicable in such underlying zone and to all of the requirements of this chapter. permitted unless the Planning Commission, or the City Council or appeal, finds : (1) That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the general plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation; (2) That the site for the intended use is adequate in size and shape to accommodate the use; (3) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to ad just the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; (b) Notwithstanding subsection (a) no use shall be a 1 2 3 4 5 E 7 E s IC 13 1: 0 a l! 2( 2: 2: 2: 21 2: 2( 2' 2i (4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. SECTION 3: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the amendment of Section 21.06.070 to read as follows: "21.06.070 Transmittal to the planning commission. The Land Use Planning Manager shall transmit the application for a site development plan, together with his recommendation thereon, to the Planning Commission when all necessary reports and processing have been completed. The Planning Commission shall hold a public hearing on the site development plan and shall announce its decision thereon by resolution. Notice of the public hearing shall be given pursuant to Section 21.54.060(1) of this Code. When an application is relative to another discretionary permit, it may be considered by the Planning Commission concurrent with their consideration of the discretionary permit." SECTION 4: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the amendment of Section 21.06.140 to read as follows: "21.06.140 City Council hearing. Upon receipt of a written appeal the City Clerk shall advise the Land Use Planning Manager and shall set the matter for public hearing by the City Council. Notice of the public hearing shall be given pursuant to Section 21.54.060(1) of this Code. The City Council shall announce its decision by resolution. If such resolution grants approval of a site development plan it shall also recite such conditions, requirements, design criteria or development standards as the Council may impose. The decision of the City Council is final. In the event the decision of the City Council on an appeal is contrary to a decision of the Planning Commission the Land Use Planning Manager shall so report to the commission and include the basis of the Council action." 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 adoption. /// /// 3 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of November I 1984, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of "her , 1984 by the following vote, to wit: AYES : Council Mrs Casler, Iewis, Kulchin and chick NOES : None ABSENT: Ncx~ ABSTAIN: Council Ivkmtxr Pettine ATTEST: .pg&& ALETHA L. RAUTENKRANZ, City Clbrk I MARY H. PSLER, Mayor