HomeMy WebLinkAbout1972-11-29; City Council; 955; Amendment to Title 21 of Municipal Code•THE CITY -OF CARLSBAD- CAL-IFORNIA
Agenda Bill NO. L pate.- November 29, 1972
Referred To: CITY COUNCIL
subject: Amendments to Title 21, Sections 21.58.020, submitted By:
21.06.010, and 21.06.090, and the Addition of Planning
Section 21.52.150, and Chapter 21.39 including Commission
Sections 21.39.010 through 21.39.020.
Statement of the Matter
The subject recommended amendment to Title 21 - Zoning originated
with the Planning Commission via Resolution of Intention No. 87
adopted on November 14, 1972. This amendment emphasizes the need
for greater flexibility on the planning for lands outside the
urbanized portion of the City and properties within the County of
San Diego which may be subject to annexation. The proposed
changes recommended to the City Council would provide this flexi-
bility in the proper planning of the undeveloped portions of the
City for both the City and developer.
Exhibit
1. Planning Commission Resolution No. 851
2. Staff Report Dated November .14, 1972
Staff Recommendati cms
The staff recommends public hearing on this matter as required
and Amendment to Title 21 in line with the Commission's
resolution.
No . .Date
City Manager's Recommendation
Counci1'Action
" 2 "
1 PLANNING COMMISSION RESOLUTION NO. 851
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO
3 TITLE 21, SECTIONS 21.58.020, 21.06.070, 21.06.010 AND
21.06.090, AND THE ADDITION OF SECTION 21.52.150 AND
4 CHAPTER 21.39 INCLUDING SECTIONS 21.39.010 THROUGH 21.39.020,
5
6 WHEREAS, pursuant to the provisions of Title 21, of the
Carlsbad Municipal Code, the Planning Commission did on November
8 14, 1972, hold a duly noticed public hearing to consider the
following amendments to Title 21, Sections 21.58.020, 21.06.070,
10 21.06.010 and 21.06.090, and the addition of Section 21.52.150
11 and Chapter 21.39 including Sections 21.39.010 through 21.39.020.
12 1. Section 21.58.020 Expiration. Any permit or variance granted
13 by the Planning Commission or City Council becomes null and void
14 if not exercised within the time specified in such permit or
15 variance, or if no date is specified, within one year from the
16 date of the permit or variance.
17 To Be Revised to Read:
specifi
18 Section 21.58.020 Expiration. Any permit, variance or Plan
19| approval granted by the Planning Commission or City Council
20 becomes null and void if not exercised within the time
21 specified in such permit, variance or approval, or if no
22 date is specified, within one year from the date of approval.
2. Section 21.06.070 Classification of Annexed Lands and
24 Unclassified Property. Any un-prezoned property which is
25 annexed to the City and any property within the City limits,which
26 is unzoned is automatically zoned\R-l-l_Oy Unincorporated territory
27 or property adjacent to the City may be prezoned for the purpose of
28 determining a zone which will apply to such property in the event
29 of subsequent annexation to the City. The method of accomplishing
30 such prezoning shall be the same as that for changing zones on
31 property within the City. Such zoning shall become effective at
32 such time as the annexation becomes effective.
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To Be Revised to Read:
Section 21.06.070 of Title 21 of the Carlsbad Municipal
Code is hereby amended changing the zoning classification
"R-l-10" to"L-C".
3. Section 21-06.010 Names of Zones. In order to classify,
regulate, restrict and segregate the uses of land and buildings,
to regulate and rest ct 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, twelve classes of zone
are by this title established to be known as follows:
R-A - Residential Agricultural Zone
R-l - One-family Residential Zone
R-2 - Two-family Residential Zone
R-3L - Limited Multiple-family Residential Zone
R-3 - Multiple-family Residential Zone
R-W - Residential Water Way Zone
RD-M - Residential Density-Multiple Zone
R-T - Residential Tourist Zone
R-P - Residential-Professional Zone
C-l - Service Commercial Zone
C-2 - General Commercial Zone
C-M - Heavy Commercial-Limited Industrial Zone
"M" - Light Manufacturing Zone
P-M - Planned Industrial Zone
P-U - Public Utility Zone
P-C - Planned Community Zone
To Be Revised to Read:
Section 21.06.010 of Title 21 of the Carlsbad Municipal
Code is hereby amended changing the phrase "twelve classes"
to "seventeen classes" and adding the phrase "L-C - Limited
Control Zone" immediately following (beneath) the phrase
"P-C - Planned Community Zone".
4. Section 21.06.090 Area zoning symbols. Where a number
follows the zoning symbol on the zoning map it shall represent the
number of thousands of square feet of each zone as herein defined.
If no number follows the zoning symbol, the areas prescribed in the
article governing such zone shall apply.
To Be Revised to Read:
Section 21.06.090 Area zoning symbols. Where a number follows
the zoning symbol on the zoning map it shall represent the
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minimum lot area required in lieu of the minimum area
established in each zone as herein defined. If the number
is a thousand or larger, it refers to square feet. If the
number is a hundred or less, it refers to acres. If no
number follows the zoning symbol, the area prescribed in
the article governing such zone shall apply.
5. Add Section 21.52.150 to read as follows:
Section 21.52.150 Review of Zone Changes. Zone changes,
'other than those initiated by the City, shall be reviewed
by the Planning Commission one year after the reclassifi-
cation has been granted. In those cases where the new
zoning has not been utilized within the one year period,
the Planning Commission shall consider whether the
property should revert back to its original zone, remain
as currently zoned, or be changed to a more appropriate
zone. The Planning Commission may grant one extension
not to exceed one year.
6. Add Chapter 21.39 including Sections 21.39.010 through
21.39.020 to read as follows:
Chapter 21.39
L-C Limited Control Zone
Section 21.39.010 Purpose - Permitted Uses. This zone
is created as a limited control zone to allow the City
to properly review development on any un-prezoned
property which is annexed to the City and any property
within the City limits which is unzoned. This zone
is intended as an interim zone and shall be changed
when proper studies can be conducted to determine the
appropriate zone classification for the area, and by
following the procedures as defined in this ordinance.
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The uses permitted are intended to be those that
are found to be essentially consistent with the
existing uses of the area. The following uses only
shall be permitted in the L-C (Limited Control) Zone:
1. Any use permitted in the R-A Residential Agricul-
tural Zone and, further, all provisions of the R-A
Zone shall apply unless otherwise provided for
in this chapter;
2. All other proposed uses shall be permitted only
upon approval of a specific plan in conjunction
with a reclassification of zone.
Section 21.39.020 Minimum lot area. The minimum required
area of a lot in the L-C zone shall be not less than five
acres.
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired to
be heard, said Commission did find the following facts and reasons
to exist which make the approval of the amendments necessary to
carry out the purpose of Title 21, Sections 21.58.020, 21.06.070,
21.06.010 and 21.06.090, and the addition of Section 21.52.150 and
Chapter 21.39 including Sections 21.39.010 through 21.39.020 of the
Carlsbad Municipal Code:
1. The provisional zone would place a time limit on development,
thus avoiding restrictions on a piece of property for an
indefinite period of time and the possibility of adversely
adjoining properties.
2. The limited control classification would allow the City and/or
developer to place proper guidelines on undeveloped portions
of the City, thus avoiding premature or unwanted development.
3. The provision regarding minimum lot area designation would give
the City or developer greater flexibility in the classification
of property to be used strictly for estate lots.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Carlsbad, that it does hereby recommend to the City
Council the adoption of the Amendments and Additions to Title 21
of the Carlsbad Municipal Code.
AND FINALLY RESOLVED, that a copy of this resolution be
forwarded to the City Council for its attention in the manner
prescribed by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on the 14th day of November,
1972, by the following vote, to wit:
AYES: Commissioners Dewhurst, Forman, Norman, Jose, Little
NOES: None
ABSENT: Commissioners Dominguez, Palmateer
ELMER H. JOSE, JR., Chairman
ATTEST:
EDMOND W. DOMINGUEZ, Secretary
STAFF REPORT/MEMORAN November 14, 1972
TO:
FROM:
SUBJECT:
APPLICANT:
PLANNING COMMISSION
PLANNING DEPARTMENT
AMENDMENTS TO TITLE 21, SECTIONS 21.58.020,21.06.070,
21.06.010, AND 21.06.090, ANB THE ADDITION OF SECTION
21.52.150, AND CHAPTER 21.39 INCLUDING SECTIONS 21.39
THROUGH 21.39.080.
RESOLUTION OF INTENTION NO. 87,
INITIATED BY PLANNING COMMISSION
010
Intention:
There is a need for greater flexibility on the planning for lands outside
of the urbanized portion of the City of Carlsbad and properties within
the County of San Diego which may be subject to annexation. Present ordi-
nances do not adequately protect the City from unwanted or premature
development. Therefore, it is the intent of this report to propose some
alternatives to the City for their consideration that would give them
additional flexibility in planning these areas.
Provisional Time Limitation Discussion:
Tentative Maps and Conditonal Use Permits currently have time limitations
prescribed by law. Also, Section 21.58.020 of the Zoning Ordinance
establishes an expiration date on any permit or variance granted by the
Planning Commission or City Council. The actions of the City that are
not covered by time limitations include Zone Changes initiated by an
individual and Specific Plans.
Proposed Solution:
For Zone Changes initiated for private development, staff suggests that
a provisional zone classification be added to the zoning ordinance. This
classification would be indicated by the letter "P" in parenthesis immedi-
ately preceeding the symbols designating the zone to which the property
is changed, i.e. (P) R-2.
This "P" standard would simply establish a period of effectiveness in
which time certain conditions must be met. In the case of a Zone change
to allow a subdivision, the developer would be given a period of time in
which to record a final map. For other forms of development, the "P"
would be dropped with the issuance of building permits.
The normal expiration date would be one year from date of approval with
a provision allowing the Planning Commission to grant a one year extension
of time if just cause can be shown. If conditions were not met within
the allowed time.limit, the property would be reviewed by the Planning
Commission and possibly revert back to its original zone.
STAFF REPORT/MEMORAN !
Resolution of Intention No. 87
Page Two
November 14, 1972
A time limitation on Specific Plan approvals
the
and
Zoning Ordinance by changing the wording
could be easily added
of Section 21.58.020
to
adding "specific plan approval" to permits and variances.
Limited Control Zone Discussion:
Section 21.06.070 of the Zoning Ordinance preseetly zones all un-
prezoned property annexed to the City, and any unzoned property within
the City, R-l-10,000. This provision does not gjve the City enough
flexibility for the planning of these areas.
Proposed Solution:
Staff recommends that Section 21.06.070
automatically zoned L-C" and a new zone
Zoning Ordinance.
be changed to read "
classification, L-C,be
, . T s
added to the
The L-C Zone would be a limited control zone that would require approval
of a Specific Plan for all uses proposed in that zone. The usestthat"weald
be permitted in the L-C Zone would be those uses that are essentially
consistent with the existing uses of the surrounding area. The L-C Zone
is intended as an Interim zone and would be changed when proper studies
could be made to determine the appropriate zone classification for the area.
Estate Zoning Discussion:
It is desirbble to have a zone classification that allows aonly large
(1/2 acre, 1 acre, ete.) estate lots. The existing ordinance allows such
a classification with one minor change for classification.
Proposed Solution:
Section 21.06.090 of the Zoning ordinance could be changed to read:
"Where a number follows the zoning symbol on the zoning map it shall
represent the minimum lot area required in lieu of the minimum area estab-
lished in each zone as herein defined. If the number is a thousand or
larger, it refers to square feet. If the number is a hundred or less, it
refers to acres. If no number follows the zoning symbol, the areas pre-
scribed in the article governing such zone shall apply."
Recommendations:
The Staff recommends approval of the amendments and additions to Title
21 of the Carlsbad Municipal Code for the following reasons:
Reasons of Approval :
1. The provisional zone would place a time limit on development, thus
avoiding unnecessary restrictions on a piece of property for an indefinite
period of time and the possiblity of adversely affecting adjoining properties
2. The limited control classification would allow the City and/or
developer to place proper guidelines on undeveloped portions of the City,
thus avoiding premature or unwanted development.
STAFF REPORT/MEMORAN 1_
Resolution of Intention No. 87
Page Three
November 14, 1972
3. The provision regarding minimum lot area designation would give
the City of developer greater flexibility in the classification of
property to be used strictly for estate lots.
4. In general, the proposed changes to the Zoning Ordinance would
give the City and developer greater flexibility in the proper planning
of the undeveloped portions of the City.
DONALD A. AGATEP,
Planning Director