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HomeMy WebLinkAbout1970-04-16; City Council; 130; Recommendation to amend ordinance 9060p•T ^-f t - 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. -2- <"_ [ i e e l 'X i PLANN ING COMM I SS I ON RESOLUTION NO t 657 ! _."_ i ! A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN . . . . .. . - . . i AN AMENDMENT TO ORDINANCE N0.9060, BY AMENDING ARTI( 11 14, SECTION 1400, REGARDING CONDITIONAL USE PERMITS 211 il 31 41 resolve as follows: I The Planning Commission of the City of Carlsbad does hc ! 51 I !I All notices'of the hearing hereon have been given as rc I 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: II 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 , iI !I ~ I ''~ 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 i 17[/whose approximate location is indicated in The General Plan, t l8 granting the permit, certain safeguards to protect the health, l9 whose exact location and arrangements must be carefully studie 22 21 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. 24 1 ! a. Agricultural Labor Housing 25 j b. Temporary Public Dumps 26 II 2. All zones including Residential. 27 I/ I a. Cemeteries 28 I i b. Churches c. Public and Private Schools 29 /I 30 i I 31 1 I 32 1 ! ! 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. !x I/ * " \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) I1 3i 21 1 41 5 6 7 8 9 10 I1 I i I I 1 I I j I I 1 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. 131 16 I 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 1 20 tion. 21 1 221 23~ 24 ,I 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 26 I/ 1 27 1 29 ~ i 28 i I 30 i 31 1 j~ 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 1 32 1) m. Automobile Repair Facilities(not permitted in C-1 Zone 1 xx 11 xx j I r. .) 1 ! 1 a e I I I I -3- I I 1 11 5. n. Drive-Thru Restaurants 21 i 0. Take-Out Restaurants (where food is not served within I 31 dining area) 4j I/ 51 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 10 11 ! i 11 li I1 12 i il lj :j ,I 13 ', 'i 14 I' 15 16 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 22 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 q26 1 '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 30 31 ! 1 32 i I xx I I XX .> e' 11 e e 11 -4- 11 Ij 21 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 I 41 I 51 That it is to be developed as part of a commercia\ fa1 that is an integral part of a Planned Community develc i5 11 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 ~ 9! to insure that the use will harmonize with the ne 10 1. Planning Department approval of architectural ele\ ! 12 i I 2. Approval of the Planning Department of landscape I 13 ~ 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 i 16 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 19 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 I 23 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: i 27 1 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 30 ~ 311 I high enclosure. 7. All signs shall be in conformance with the City of 32 I i I convenience and necessity. Carlsbad sign ordinance. 8. Full pub1 ic improvements as may be required for PL i -1 rn :I a e ~ I * I I I i -5- 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 4, 3: 51 6)/ ordinance, I 7 i! 1 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 I 11 ~ opment of the community, is essentially in harmony with tl j it 12 !d various elements and objectives of The General Plan, and 13i/ detrimental to existing uses or to uses specifical.1~ perm 14 ~ (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 19 20 or permitted future uses in the neighborhood will be provi and maintained. 21 221 (4) That the street system serving the proposed use is adequat properly handle all traffic generated by the proposed use. 23 /I 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 ]I"- I i I I i * !I a a . r !I -6- 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 4 5 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 18 2o 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 28 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 31 xx ' 32 xx li ' xx II Cr b I' e 11 a e 41 . Ii -7- 1 The Planning Commission recomme.nds to the City Council th 2 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 5 to carry out the provisions and general purpose of Ordinance N 6 reasons to exist which make said amendment and additions neces 7 8 1. 9 10 11 12 13 2. 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 14 15 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 21 22 23 24 ATTEST: ABSENT: Commissioner Dewhurst. JR., Chairmar 25 26 (QKfl- 27 28 29 30 31 32 D. K. DEWHURST, Secretary ii 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)