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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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 J § • QC O4^3" ^[J <r O u" 59°1S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 "O 5 3••• • 5 <uj O o oc - mZ O (/) > h- CC > °H o 17 S z 8 3 18^ ^ cc *- ™ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 . a § 0 - K 8K < S -° u. <1 o I i !°li z "i g Q- UJ Z CN rfO £ •" en Z£ <3>£ 4< < 1- O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • 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 1. />fl I/ f) + . * r~ !7~J s j Jr-HSjisti ^•^J^L^^c^i-i^—-^'^j? /I 9 o 8 £o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 I 16 i 17 5 18m 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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.