HomeMy WebLinkAbout1973-06-28; City Council; 2070; Zone Code Amendment No.51. ( • 7 • CITY OF CARLSBAD, CALIF MIA
* -i n-ii kt *9 »<r / . n-,*.« June 28, 1973"'Agenda Bill No.^^Y/9 Date ;
. Referred To: CITY COUNCIL -
Subject:~~Submitted By:r
ZCA-51 - Zone- Co'de Amendment No. 51 -
To consider recommending an amendment to
Section 21.42.010 of Title 21,-C.M.C. to
permit publishing offices in R-P, Commercial and
industrial /.ones ~
" Statement of the Matter - .
%
This matter was considered by the Planning Commission at their .
regular meeting of June 12, 1973. Resolution No. 920 was adopted
approving recommendation of amendment to Title 21.42.010.
This amendment would delete Newspapers, Printers - from Section
21.28.010 as a permitted use in the C-2 Zone and provide for
Newspapers, Printers as being a permitted use in the R-P(Residential-
Professional), Commercial and Industrial Zones: Section 21.42.010
(4), with a Conditional Use Permit.
Exhibit
1. Staff Report dated June 12, 1973
2. -Addendum to Staff Report dated June 12, 1973
3. Resolution No. 920
4. City Council resolution no
5. Ordinance No
Staff Recommendations
Staff recommends approval of Amendment to Title 21 of
Carlsbad Municipal Code.
AB No. . Date
Ci ty Manager's Recommendation
Council'Action
#9356. ' '
7-10-73 -Ordinance #9356 was given a second reading and adopted.
CITY OF CARLSBAD
PLANNING DEPARTMENT
ANALYSIS FOR
JUNE-12, 1973
TO: PLANNING COMMISSION
ZONE CODE AMENDMENT CASE NO. 51
DESCRIPTION OF AMENDMENT; The proposed amendment would take "newspaper,
printers" out of the list of permitted uses under the"C-2" zone -and allow
said use in the "R-P", commercial and industrial zones with the approval
of a Conditional Use Permit.
No printing would be allowed in the "R-P" zone.
Newspaper operations vary and some should only be allowed in the
industrial zones (heavy trucking and printing operations) and some would
fit into the "residential-professional" zone (no printing on-site). These
options would best be implemented by use of a Conditional Use Permit. .
Certain operations (i.e. Carlsbad Journal) are professional and
technical in nature. The Journals' basic activities include writing, lay-
out and proof-reading work, typesetting (off-set) and administrative functions.
There is no printing on-site and there is no delivery of newsprint to or
from their facility. This type of activity would be compatible with other
professional uses in the "R-P" zone. The other operations (i.e. San Diego
Union) would only be appropriate in an industrial zone because of the scope and
intensity of their activities.
RECOMMENDATION:
Staff recommends approval of the proposed zone code amendment for the following
reasons:
»
1. The requirement of a Conditional Use Permit would give the City
greater flexibility and control in the placement of newspaper operations
within the different zoning classifications.
2. The amendment would allow the City of Carlsbad to implement the
General Plan and would allow the City to meet the intent of the policies
recommended in the "Framework for Remedial Action for the Inner City"
Respectfully submitted,
MICHAEL C. ZANDER/^
Assistant Planne
ADDENDUM TO STAFF REPORT - JUNE 1?., 1973
ZONE CODE AMENDMENT CASE NO. 51
The recommended changes to the Zoning Ordinance would read as follows:
SECTION 21.28.010 now reads:
21.28.010 PERMITTED USES. In a C-2 zone only the following uses are
permitted as hereinafter specifically provided and allowed by this
chapter subject to the provisions of Chapter 21.44 governing off-street
parking requirements, except that only that portion of a building located
above the ground floor may be used for dwelling purposes unless other-
wise specifically permitted hereunder:
(1) Any use permitted in the C-l zone;
(2) Auto repairing;
(3) Bars and cocktail lounges (on-sale liquor);
(4) Newspaper, printers;
(5) Photo engraving;
(6) Upholstering shops;
(7) Retail, wholesale or service businesses catering directly
to the consumer;
(8) Pet shop.
(Ord. 9060 sl!00).
IF CHANGED, THIS SECTION WILL READ:
21.28.010 PERMITTED USES. In a C-2 zone only the following uses are per-
mitted as hereinafter specifically provided and allowed by this chapter
subject to the provisions of Chapter 21.44 governing off-street parking
requirements, except that only that portion of a building located above
the ground floor may be used for dwelling purposes unless otherwise
specifically permitted hereunder:
(1) Any use permitted in the C-l zone;
(2) Auto repairing;
(3) Bar and Cocktail lounges (on-sale liquor);
(4) Pet shops;
(5) Photo engraving
(6) Upholstering shops;
(7) Retail, wholesale or service businesses catering directly
to the consumer.
(Ord. 9060 ss 1100).
ALSO, Section 21.42.010 (4) now reads:
(4) R-P (Residential-Professional), Commercial and Industrial Zones:
Mortuaries;
THIS SECTION SHOULD BE CHANGED TO READ:
(4) R-P (Residential-Professional), Commercial and Industrial Zones:i
(a) Mortuaries;
(b) Newspaper, printers (no printing operations allowed in
the R-P zone);
Respectfully submitted,
2faMICHAEL C. ZANDER7Z
Assistant Planne-
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RESOLUTION NO. 920
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA SETTING FORTH ITS FINDINGS
AND RECOMMENDING.AN AMENDMENT TO TITLE 21, CHAPTERS
21.28& 21.42 CARLSBAD MUNICIPAL CODE TO ALLOW NEWS-
PAPERS, PRINTERS IN R-P (RESIDENTIAL-PROFESSIONAL),
COMMERCIAL AMD INDUSTRIAL ZONES WITH CONDITIONAL
USE PERMIT. .
WHEREAS, the Planning Commission of the City of Carlsbad,
California, did adopt Resolution of Intention No. 91 declaring
its intention to consider recommending to the City Council an
Amendment to Sections 21.28.010 and•21.42.010, Title 21,
Carlsbad Municipal Code to allow Newspapers, Printers in R-P
(Residential-Professional), Commercial and Industrial Zones with
Conditiona Use Permit; and
WHEREAS, the proposed Amendment to the Zoning Code has com-
plied with the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1972; and
WHEREAS, the Planning Commission on June 12, 1973, held a
duly notice Public Hearing toconsider the subject amendment and
received all testimony from those persons interested in or opposed
to the proposed amendment; and
WHEREAS, the Planning Commission did find the following
facts and resons to be present which in their opinion are necessary
to carry out the general purpose of Title 21 of the Carlsbad
Municipal Code:
1. The requirement of a Conditional Use Permit would give the
City greater flexibility and control in the placement of
newspaper operations within the different zoning classificatic!
2. The Amendment would allow the City of Carlsbad to implement
the General Plan and would allow the City to meet the intent
of the policies recommended in the "Framework for Remedial
Action for the Inner City"
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That it hereby recommends to the City Council that Sections
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21.18.010 and 21.42.010 be amended to read as follows:
Section.21.18.010 Permitted Uses. In a C-2 Zone only the
following uses are permitted as hereinafter specifically provided
and allowed by this chapter subject to the provisions of Chapter
21.44 governing off-street parking requirements, except that only
that portion of a building located above the ground floor may be
used for dwelling pruposes unless otherwise specifically permitted
hereunder:
(1) Any use permitted in the C-l Zone;
(2) Auto repairing;
(3) Bar and Cocktail lounges (on-sale liquor);
(4) Pet shops;
(5) Photo engraving;
(6) Upholstering shops;
(7) Retail, wholesale or service businesses catering
directly to the consumer.
(Ord. 9060 ss 1100)
Section 21.42.010 Permitted Uses.
(4) R-P (Residential-Professional), Commercial and Industrie
Zones:
(a) Mortuaries
(b) Newspaper, printers (no printing operations
allowed in the R-P Zone)
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on the 12th day of June,
1973, by the following vote, to wit:
AYES: Commissioners Forman, Casler, Jose, Little and Wrench
NOES: None
ABSENT: Commissioners Dominguez and Palmateer
E.H. JOSE, JR., Chairman
Pro-Tempore
ATTEST:
DONALD A. AGATEP, Secretary
CO
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RESOLUTION NO. 3158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS
AND DECISION REGARDING AN AMENDMENT TO TITLE 21
CHAPTERS 21.28 and 21.42 CARLSBAD MUNICIPAL
CODE TO ALLOW NEWSPAPERS, PRINTERS IN R-P
(Residential-Professional), COMMERCIAL AND
INDUSTRIAL ZONES WITH CONDITIONAL USE PERMIT.
WHEREAS, on June 12, 1973, a duly advertised Public
Hearing was held before the Planning Commission in the manner
prescribed by law to consider amendment to Sections 21.28.010
and 21.42.010, Title 21, Carlsbad Municipal Code, to allow
Newspapers, Printers in R-P (Residential-Professional) ,
Commercial and Industrial Zones with Conditional Use Permit; and
WHEREAS, at the conclusion of said hearing, the Planning
Commission of the City of Carlsbad, adopted Resolution No. 920
recommending said amendment; and
WHEREAS, on July 3, , 1973, the City
Council held a public hearing on the matter, received all
recommendations and heard all persons interested in or
opposed to the proposed amendment; and
WHEREAS, the proposed amendment has complied with the
requirements of the "City of Carlsbad Environmental Protection
Ordinance of 1972" ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission
contained in the aforementioned Resolution No. 920 constitute
the findings of the Carlsbad City Council.
3. That the approval of the proposed amendment is
necessary to carry out the general purpose of Title 21 of
the Carlsbad Municipal Code;
4. That the City Council of the City of Carlsbad
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intends to adopt an ordinance to effectuate the proposed
amendment.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council on the ^rn day of July, 1973, by the
following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee
NOES: None
ABSENT: None
*
^sd^^ffit**^*^>BpAVlb M. DUNNE, Mayor
ATTEST:
^7^^^^ ^/^Z^**^MM0ARE71 E. ADAMSr; City Clerk
i
(seal)
2.
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY. OF CARLSBAD1200 EUM AVENUE • *CARLSBAD, CALIFORNIA 920081
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•
ORDINANCE NO. 9356
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 OF THE MUNICIPAL CODE TO ALLOW
NEWSPAPERS, PRINTERS IN R-P (Residential-
Professional), COMMERCIAL AND INDUSTRIAL
ZONES WITH CONDITIONAL USE PERMIT.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: Section 21.28.010 of the Municipal Code
is amended to read as follows:
"21.28.010 Permitted uses. In a C-2 Zone
only the following uses are permitted as herein-
after specifically provided and allowed by this
chapter subject to the provisions of Chapter
21.44 governing off-street parking requirements,
except that only that portion of a building
located above the ground floor may be used for
dwelling purposes unless otherwise specifically
permitted hereunder:
(1) Any use permitted in the C-l Zone;
(2) Auto repairing;
(3) Bar and Cocktail lounges (on-sale liquor);
(4) Pet shops;
(5) Photo engraving;
(6) Upholstering shops;
(7) Retail, wholesale or service businesses
catering directly to the consumer.
(Ord. 9060 § 1100)"
SECTION 2: Section 21.42.010(4) of the Municipal Code
is amended to read as follows:
"21.42.010 Permitted Uses.
(4) R-P (Residential-Professional),
Commercial and Industrial Zones:
(a) Mortuaries
(b) Newspaper, printers (no printing
operations allowed in the R-P Zone)"
EFFECTIVE DATE: This ordinance shall be effective
thirty (30) 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
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fifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 3rd day of July
1973, and thereafter PASSED AND ADOPTED at a regular meeting
of said City Council held on the 17thday of July ,
1973, by the following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee
NOES: None
ABSENT: None
/ DUNNE, Maytfr
ATTEST:
(seal)
2.