HomeMy WebLinkAbout1970-04-16; City Council; 130; Recommendation to amend ordinance 9060p•T ^-f
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THE O F CARLSBAD,
Agenda Bil2 iVo .
'JfJeferrecf To.-
Date: APRIL 16, 1970
Subject:nRD.?o6o -
(Article 1'Section HOO)
Submitted By:
Planning Dept. and
" Comm i ss i on
Statement of the Matter
Initiated before Planning Commission 1/27/70 by Res. of Intention No. 70
to recommend amending Ord. No. 9060, Article 1 k , Section 1^00 re Condttiona
Use Permits and, adding automobile service stations under P e r m I 1 1 e d Uses
Continued for additions, deletions, rewording to kf\k/!Q when adopted by
Planning Commission Resolution No. 657 in the attached final form.
- 70 Council Meeting: See Planning Commission memo of 5/27 approving
changes requested by the Council, which are incorporated in attached
Res. #657 from the Commission and Planning Department.
8-26: Returned to Council, with revisions requested. (See attached sheet
itemizing each revision from last review of resolution.)
Exhibit
Resolution No. 657, 7 pages
it ii it (revised 5/27/70 by Commission approval)
Memorandum, Commission to Council, 8/26/70, w/revised resolution #657
Staff Recommendations
Plann i ng Pi rector; Since originally drafting this amendment, following
Work Study sessions with Planning Commission members, representatives of
the oil & gas industry, and this department, it was found necessary to
completely reorganize Section 1400, for clarity and more efficient use;
also, several other uses requiring control and standards for the City, ,
were added, such as Bulk Storage opera11ons, " bpat storage yards, car
washes, auto-repair facilities, etc. These, and the originally needed
regulations for service stations, are thought to completely update this'
important section of the zoning ordinance.
8-26: ft Ts felt the rev i s i ons and add i t i ona 1 uses now i h eluded Tn this
CUP section of the ordinance give further controls as necessary.
Also, under the Time Limitation clause(page 6) the expected time
for completion under all CUP's will now be included in the original
application to the Commission, in the event a continuance of the 1-y
Period may be desirable.
AB NO.Date.-APFUL l6' '97°
City Manager's Recommendation
The intent of this resolution is proper and should be passed as
recommended by the staff. I would, however, suggest that immediate
steps be taken to clarify the Council's position on circuses, carni-
vals or fairgrounds. I don't think we are concerned about unpro-
fessional activities called carnivals when they are sponsored by
schools, churches, and/or philanthropic organizations. I would also
recommend that very restrictive conditions be placed on other carni-
vals wanting to do business within the City.
If the City Council agrees with the findings of the Planning Commission
Resolution No. 1718 should be adopted and a first reading given
Ordinance No. 9252.
8-27-70 -Planning Commission Resolution 657 as revising Ordinance 9060
by amending Article 14 Section 1400 concerning conditional
use permits. In reviewing the proposal, in may judgment
indicates that it covers certain standard problems thoroughly
re: land development problems and the the ordinance is
recommended for adoption by the city council.
Council Action~~~~~~~~~~~~~. - »
5-5-70 The matter was referred back to the Planning Commission for further
study and report in regards to Section 1400 (Permitted Uses),
Subparagraph (1). It was the general opinion of the Council that
further study should be given to allowing the uses set forth under
Subparagraph (1) -in any zone, i.e. R-l. Also that Circuses,
Carnivals and Fairgrounds be more clearly defined as to character,
time element and purposes for issuance.
6-3-70 Deferred to meeting of 6-16-70. City Manager instructed to meet with
Planning Dept. as to clarification of zones affected.
9-1-70 Ordinance #9252 First reading by title only and further reading
waived. Resolution #1718 adopted.
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'X i PLANN ING COMM I SS I ON RESOLUTION NO t 657 ! _."_
i ! A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN
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i AN AMENDMENT TO ORDINANCE N0.9060, BY AMENDING ARTI(
11 14, SECTION 1400, REGARDING CONDITIONAL USE PERMITS
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41 resolve as follows:
I The Planning Commission of the City of Carlsbad does hc
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All notices'of the hearing hereon have been given as rc
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1 6/ by law and all persons interested were heard.
7 /I The Planning Commission recommends to the City Council
*!, Section 1400, Article 14 of Ordinance No.90'60 be amended to re !I
911 fol~ows:
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101(iiSECTION 1400: PERMITTED USES. All of the following in all r
p3.ij directly related thereto are declared to be uses possession ct
12: teristics of such unique and special form as to make impractic
13'! their being included automatically in any classes of use as SE
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''~ forth in the various zones herein defined, and the authority f iI
151! location and operation thereof shall be subject to review and
161( issuance of Conditional Use Permits. It is also intended for
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17[/whose approximate location is indicated in The General Plan, t
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granting the permit, certain safeguards to protect the health, l9
whose exact location and arrangements must be carefully studie
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and general welfare may be required as conditions of approval. 20
The following uses may be permitted by approval of a
Condi:tional Use Permit in the following zones:
231 1. R-A(Residentia1-Agricultural) Zone only.
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! a. Agricultural Labor Housing
25 j b. Temporary Public Dumps
26 II 2. All zones including Residential.
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I a. Cemeteries
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b. Churches
c. Public and Private Schools 29 /I 30 i
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d. Circuses and Carnivals, only those constructed and
ted by a community school or church group for a per
not more than two(2) days only, and provided said u
approved by the City Manager and will be contained
the school or church property.
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" \I e e 1 -2- I 1 2. e. Golf Courses (except as may be approved as part of a Pi
I 1 Community development)
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f. Greenhouses..'involving the use of sheet plastic of a tt
floor area in excess of 2,000 square feet and Packing
Sorting Sheds of a total floor area in excess of 600 :
feet.
g. Mobile Homes Parks (not permitted in Commercial or In(
Zones. )
h. Overnight Campsites (only when owned and operated by ,
Federal, State, County, or Municipal agency.)
i. Public Buildings
j. Public Utilities or utilities operated by mutual agent
consisting of water wells, gas metering and regulatins
stations, telephone exchanges, booster stations or COK
ion plants, with the necessary buildings, apparatus 03
purtenances incident thereto, but not including distr:
mains.
111 3. i R-A, Commercial or Indu'strial Zones.
I 12: a. Nurseries and Nursery Supplies.
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4. R-P(Residentia1-Professional) , Commercial and Industr.
a. Airports and Landing Fields
Zones. 14 j a. Mortuaries.
151 5. All zones except Residential.
17 b. Commercial circuses and carnivals operating withint tl
Limits of Carlsbad shall, bn addition to filing all nt 18 documents for a Conditional Use Permit, also submit fc
19 consideration by the .Planning Commission, a schedule c
erations, including availability of parking, types of
rides and amusements proposed, and proposed hours of t
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20 tion.
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c. Columbariums, Crematories and Mausoleums, not located
a cemetery.
d. Hospitals
e. Establishments or enterprises involving large assembli
people or automobiles. '511 f. Amusement Parks
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g. Institutions for treatment of alcoholics
h. Privately-operated Recreational Centers
i. Racetracks
j. Stadiums
k. Mental Hospitals
1. Veterinarians and Small Animal Hospitals I
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32 1) m. Automobile Repair Facilities(not permitted in C-1 Zone
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11 5. n. Drive-Thru Restaurants
21 i 0. Take-Out Restaurants (where food is not served within I
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dining area)
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6. Industrial Zones only. 6 r. Fa i rgrounds
p. Open Air Theatres
q. Radio or Television Transmitters
7i il a. Automobile Laundries 81
9i II b. Auto Storage or Impound Yards
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c. Sewage Disposal Plants
d. Boat Storage Yards (only for those boats which can be
moved on the public highways without a spec..i:al permit
further provided, they are contained within and not s
higher than a solid fence or wall.)
e. Kennels
f. Auto Wrecking Yards
g. Transit Storage (permitted in P-M(P1anned industrial)
without Conditional Use Permit.)
l7 I 11 7. Automobile service stations may be permitted by Condition;
Permit in any zone other than an R-(Residential) or a P-(Profc I-8 .I
19)( Zone. Automobile service stations are hereby defined as reta
20 /I 1 business establishments 1 imited to the sale of motor fuel, thc
a 11 supply of goods and services generally required in the operat
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minor automotive maintenance. Automobile service stations as 1 ment items; washing and lubrication services; the performance ,251
servicing of tires, batteries, automotive accessories and rep $2 4
ist's needs. These may include sale of petroleum products; st 231
and maintenance of automotive vehicles, and the fulfilling of
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'27 I herein does not include chain, automatic or coIn-operated was}
or automob i .le: sa 1 es . 28 I
29 1 I A. Permits for automobile service stations shall be grani
only in the event one or more of the following factua'
situations is found to exist: (1) That it is to be de\
as part of a master-planned recreation area, industrit
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containing a minimum of two(2) freeway-oriented uses; 31
to be developed as part of a freeway-service facility,
1.i 7. A. park, regional or community shopping center; (2) That
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That it is to be developed as part of a commercia\ fa1
that is an integral part of a Planned Community develc
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8: shall be required as conditions of such granting:
12 li j hood.
B. In the event a permit is granted for an automobile set
7 I/ I station, the following standards of development there1
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to insure that the use will harmonize with the ne 10
1. Planning Department approval of architectural ele\
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2. Approval of the Planning Department of landscape I
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planter areas adjacent to the structure;.' (2) Six- 15 '
planter areas of a minimum of six feet in width ar 14 I
consisting of at least the following: (1) Perimetc
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trees; (4) A sprinkler system providing total an( 18
scaping including a combination of flowers, shrub: 17
concrete curb bounding all planter areas; (3) Lar
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delineating a maintenance schedule and responsibil 20
tive coverage to all landscaped area; (5) A statt
3. A six-foot high, masonry wall shall be constructec 22
for maintenance of landscaped areas. 21
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tial or professional-zoned property. 24
all sides of the subject property which adjoins re
25 I 4. All exterior lighting shall be shielded or orientc
26 such way so as not to glare on adjacent propertie:
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28 I 5. All displays and storage shall be contained withir
29 !I main structure.
6. Trash containers shall be contained within a six-f
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high enclosure.
7. All signs shall be in conformance with the City of
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i I convenience and necessity.
Carlsbad sign ordinance.
8. Full pub1 ic improvements as may be required for PL
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1[17. C. Standards of development (Subparagraph B above) shall !
21 I to existing service stations when renovated structura
and, any newly developed service stations. Provision'
regarding location shall not apply to automobile serv
stations in existance as of the time of adoption of t
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6)/ ordinance,
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8i\SECTION 1401: A Conditional Use Permit shall be granted only
glifollowing facts are found to exist in regard thereto:
101 (1) That the requested use is necessary or desirable for the
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11 ~ opment of the community, is essentially in harmony with tl j
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12 !d various elements and objectives of The General Plan, and
13i/ detrimental to existing uses or to uses specifical.1~ perm
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(2) That the site for the intended use is adequate in size ant 15
in the zone in which the proposed use is to be located.
other features necessary to adjust the requested use to e; 18
(3) That all of the yards, setbacks, walls, fences, landscapi~ 17
shape to acc.ommodate said use. 16
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or permitted future uses in the neighborhood will be provi
and maintained.
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(4) That the street system serving the proposed use is adequat
properly handle all traffic generated by the proposed use.
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241 ECTION 1402: In granting a Conditional Use Permit, any and a'.
251conditions nec'essary to protect the public health, safety and \n
z6imay be added thereto, including but not 1 imited to the followir
"i(1) Regulation of use
28 (2) Special yards, space and buffers
29 (3) Fences and wal Is
30 (4) Dedicating and improving public improvements
'li(5) Servicing of parking areas in City specifications
321(6) Regulation of points of vehicular ingress and egress
'(7) Requiring placement and maintenance of landscaping
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Sect.i.on 1402:
Regulation of noise, vibrations, odors, etc.
2 = I (8) (9) Regulation of time for certain uses on the subject proper1
3(10) Time schedule for developing the proposed use
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Ill) Time period during which the proposed use may be continue(
orderly and efficient manner and in conformity with the ir
[1.2) Other conditions necessary for the development of the Cit;
6 and purpose set forth in this ordinance.
7tiECTION 1403: TIME LIMITATION. Unless otherwise stated in wril
8 the resolution granting the Conditional Use Permit, a Conditior
9 Permit shall automatically be void and of no further force and
10 if construction of the proposed use granted thereby is not comp
11 within one(1) year from the date of granting of said permit.
12 SECTION 1404: YARD REQUIREMENTS. The provisions for required
13 and side yards applicable to the particular zone in which any s
14 use is proposed to be located shall prevail, unless in the find
15 and conditions recited in the resolution dealing with each such
l6 matter, specific exemptions are made with respect thereto.
I? SECTION 1405: HEIGHT AND AREA REQUIREMENTS. The provisions fo
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use is proposed to be located shall prevail, unless in the find l9
height and area applicable to the particular zone in which any
and conditions recited in the resolution dealing with each such
21 matter, specific exemptions are made with respect thereto.
22 SECTION 1406: OFF-STREET PARKING REQUIREMENTS. The requ i reme
23 provisions of off-street parking applicable to the particular u
24 shall prevail, unless in the findings and conditions recited in
25 resolution dealing with each such matter, specific exemptions a
26 made with respect thereto."
27 I! This ordinance is a Continuance of the provisions of the pt
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forms of this article shall not be affected by the enactment of 29
Article 14 of Ordinance No. 9060, and us'es granted under previol
amendment thereof. 3o
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1 The Planning Commission recomme.nds to the City Council th
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and 35 of Section 1300 of Ordinance No. 9060, be repealed. 3
Subparagraph 8 and 12 of Section 1200 and, that Subparagraph 2
4 The Planning Commission does find the following facts and
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to carry out the provisions and general purpose of Ordinance N 6
reasons to exist which make said amendment and additions neces
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3.
This amendment to the Zoning Ordinance will aid in implem
The General Plan of the City of Carlsbad.
This amendment will provide better controls for the locat
and planning for service stations in the City, which has
a necessity.
The City now has, within the Zoning Ordinance, uses perta
to small animal clinics and bulk storage, and others, whi
formerly needed.
A copy of this resolution shall be forwarded to the City
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Council for its attention in the manner prescribed by law.
AYES: Commissioners Jose, Palmateer, Li.ttle, Forman, He 18
1970, by the following vote, to wit: l7
Carlsbad City Planning Commission held on the 25th day of Augu: 16
PASSED, APPROVED AND ADOPTED at a regular meeting of the
19 II and Gullett
a) ll NOES: None
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24 ATTEST:
ABSENT: Commissioner Dewhurst.
JR., Chairmar
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D. K. DEWHURST, Secretary
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MEMORANDUM
August 26, 1970
TO: Carlsbad City Council
FROM: Planning Commission
SUBJECT: Amendment to Ord. 9060, Section 1 400 (Ar t i cl e 14) re
Conditional Use Permits
Reference: Agenda Bill 130, 6/10/70, returned to Commission
for additional revisions
At the Planning Commission meeting of August 25th, it
was the unanimous approval of this body to incorporate the
additional revisions in Planning Commission Resolution No. 657»
for Conditional Use Permits.
Accordingly, this resolution is returned to you for
further hearing on the matter.
E.H . fJ c/s e / Jr., Cha i rman
Planning Commission
EHJ:nl
cc: PIann i ng Dept. (2)