Loading...
HomeMy WebLinkAbout1975-05-06; City Council; 3351; Request for adoption of zone code amendmentAgenda Bill No.5~/~ Referred to: Date: May 6, 1975 // Subject: . , . .Applicant: Request for adoption of a Zone Code Amendment Adding Chapter 21.06 to Title 21 of the Municipal Code to provide for a "Q" Qualified Overlay Zoner x x - J City, of Carlsbad - : Submitted by: Planning Comm. Statement of the Matter: proposed .addition Municipal code of the Code. The Planning Commission is recommending approval of a amendment which would add a "Q" Qualified Overlay Zone. The "Q" Zone would be added as Chapter 21.06, Title 21, Carlsbad (See attached memorandum to the City Manager dated 4-18-75) Exhibit: Planning Commission Resolution No. 1148 Exhibit C, Zone Code Amendment No. 65 Staff Report oh the "Q" Zone application Recommendation; ""• • ' Staff 'recommends that ZCA '£>!>" "Q" Qualified. Overlay Zone be approved for the reasons outlined in the Planning Commission Resolution No. 1148. If the City Council concurs with, tlie Planning Commissions recommendation the Council should direct the Cfty Attorney to prepare the necessary documents. Council Action; 5-6-75 The Council accepted the staff's recommendations, approving the Qualified Overlay. Zone and the City Attorney was directed to . prepare the necessary documents. . - / 1 PLANNING COMMISSION RESOLUTION NO. 1148 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS 3 AND RECOMMENDATIONS RELATIVE TO AN AMENDMENT TO TITLE 21 OF THE MUNICIPAL CODE, ADDITION OF NEW 4 CHAPTER 21.06 TO PROVIDE FOR THE "Q" QUALIFIED DEVELOPMENT OVERLAY ZONE, CASE NO. ZCA-65. 5 • 6 WHEREAS, the Planning Commission of the City of Carlsbad did adopt 7 Resolution of Intention No. 110 declaring its intention to recommend to the 8 City Council an Amendment to Title 21 of the Municipal Code; and 9 WHEREAS, the Planning Commission did hold a duly noticed Public Hearing to 10 consider the subject amendment; and 11 WHEREAS, the Planning Commission received all testimony from those persons 12 interested in and opposed to, if any, the proposed Zone Code Amendment; and 13 WHEREAS, the Planning Commission did find the following facts and reasons 14 to be present which in their opinion are necessary to carry out the general Is purpose of Title 21 of the Carlsbad Municipal Code: 16 l. The herein described Zone Code Amendment will be beneficial to the public health, safety and general welfare. 17 2. The Qualified Zone is a means to insure compliance with certain goals 18 of the General Plan. 19 3. The Qualified Zone provides the means to control developments that may have a detrimental affect on the community.20 21 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 22 Carlsbad that it does recommend approval to the City Council of the addition of 23 Chapter 21.06, attached hereto and identified as Exhibit C. 24 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 25 Planning Commission held on April 8, 1975, by the following vote, to wit: 26 AYES: Commissioners Fikes, Jose, L'Heureux, Watson. Wrench 27 NOES: Commissioner Dominguez 28 ABSENT: None £ 29 'Gary Wr'ench, Chairman 3Q ATTEST: / 31 32 'onald AT Agatep, Secreta ZONE CODE AMENDMEN I Chapter 21.06 "Q" QUALIFIED DEVELOPMENT OVERLAY ZONE Sections: 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 06 06 06 06 06 06 06 06 06 06 06, 06 06, 06, 06, 06, 06, 010 015 020 030 040 050 060 070 080 090 100 110 120 130 140 150 160 Intent and purpose Application Permitted uses and structures Site development plan required Exceptions Permit Application Filing fees Transmittal to the Planning Commission Planning Commission determination Development standards Lot requirements Conditi ons Announcement of decision Effective date of order Appeal process Final site development plan Expiration 21.06.010 - Intent and Purpose. The intent and purpose of the "Q" Qualified Development Overlay Zone is to supplement the underlying zoning by providing additional regulations for develop- ment within designated areas to: (a) Require that property development criteria are used to insure compliance with the general plan and any appli- cable specific plans. (b) Provide that development will be compatible with surround- ing developments, both existing and proposed. (c) Insure that development occurs with due regard to environ- mental factors. (d) Allow a property to be granted a particular zone where some or all of the permitted uses would be appropriate to the area only in certain cases with the addition of specific conditions. (e) Provide for publtc improvements necessitated by development. the 21.06.015 - Application of "Q" Zone. It is intended that the "Q" Zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following: (a) Special treatment areas as indicated in the General Plan. (b) Commercial zones that are in close proximity and relation- ship with residentially zoned properties. (c) Property proposed to be developed within a flood plain. (d) Property proposed to be developed as hillside development or other physically sensitive areas. (e) Property where development could be detrimental to the environment, or the health, safety and general welfare of the public. 21.06.020 - Permitted uses and structures. In the "Q" Qualified Development Overlay Zone any principal use, accessory use, transi- tional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions appli- cable in such underlying zone and to all of the requirements of this chapter. 21.06.030 - Site development plan required. Unless specifically exempted from the requirements of this chapter, no building permit or other entitlement shall be issued for any use in the "Q" Zone unless there is a valid site development plan approved for the property. 21.06.040 - Exceptions. The following uses are exempted from the site development plan requirements: (a) One single-family residential structure may be constructed or enlarged on any residentially zoned lot. (b) One office building of less than 1000 square feet may be constructed on any commercially or industrially zoned lot. (c) One enlargement of less than 1000 square feet of any existing commercial or industrial building on any commercially or industrially zoned lot. 21.06.050 - Permit application. The Planning Director shall pre- scribe the form for site development plan applications and may prescribe the type of information to be submitted. No application shall be accepted unless it complies with such requirements. The application after payment of the required fee shall be filed with the Planning Director. -2- 21.06.060 - F11ling fees. The filing fees for a site development plan shall be $25^00. 21.06.070 - Transmittal to the Planning Commission. The Planning Director shall transmit the application for a site development plan, together with his recommendation thereon, to the Planning Commission when all necessary reports and processing have been completed. When an application is relative to another discretionary permit, it may be considered by the Planning Commission concurrent with their con- sideration of the discretionary permit. The Planning Director shall notify the applicant of the date and place at which the Commission will consider the matter at least seven days prior to such consider- ation . 21.06.080 - Planning Commission determination. The Planning Commission may approve, conditionally approve or disapprove a site development plan. Such determination shall be made in accord with the Carlsbad Municipal Code, the general plan and any applicable specific plans. 21.06.090 - Development standards. Property in the "Q" Zone shall be subject to the development standards required in the underlying zone and any applicable specific plans. In addition, the Planning Commission or the City Council on appeal in approving a site develop- ment plan may impose special conditions or requirements that include provisions for, but are not limited to, the following: (1) Special setbacks, yards, open space. Special height and bulk of building regulations. Fences and walls Regulation of signs. Additional Landscaping Special grading restrictions. Requiring street dedication and improvements (or posting of bonds). (8) Requiring public improvements either on or off the subject site that are needed to service the proposed development. (9) Time period within which the project or any phases of the project shall be completed. (10) Regulation of points of ingress and egress. (11) S»uch other conditions as deemed necessary to insure con- formity with the general plan and other adopted policies goals or objectives of. the City. However, it is not intended that the review of the site development plan shall include aesthetic aspects such as: (111) Color 2) Texture (3) Materials (4) Adornments "• o ™" 21.06.100 - Lot requirements. The "Q" Zone may be placed on any size or dimensioned, legally created lot. 21.06.1HiQ - Conditions. The Planning Commission or City Council on appeal may impose such conditions on the applicant and the permit as are determined necessary consistent with the provisions of this chapter, the general plan and any applicable specific plans. 21.06.120 - Announcement of decision. The Planning Commission shall announce its decision by resolution and shall order the plan approved or denied. If such resolution grants approval of a site development plan, it shall also recite such conditions, requirements,-design criteria or development standards as the Commission may impose. 21.06.130 - Effective date of order. The decision of the Planning Commission is finaland effective ten days after the adoption of the resolution or decision unless within such ten-day period an appeal in writing is filed with the City Clerk by an interested party. The filing of an appeal shall stay the effective date of the Planning Commission decision until such time as the City Council has acted on the appeal. 21.06.140 - Appeal process. Upon receipt of a written appeal the City Clerk shalladvise the Secretary of the Planning Commission and shall forward the matter to the City Council for decision. The City Council shall announce its decision by resolution. If such resol ution grants approval of a site development plan it shall also recite such conditions, requirements, design criteria or develop- ment standards as the Council may impose. The decision of the City Council is final. In the event the decision of the City Council on an appeal is contrary to a decision of the Planning Commission the Planning Director shall so report to the Commission and include the basis of the Council action. 21.06.150 - Final site development plan. After approval the applicant shallsubmit a reproducible copy of the site development plan which incorporates all requirements of the approval to the Secretary of the Planning Commission for signature. Prior to signing the final site development plan, the Secretary shall determine that all applicable requirements have been incorporated into said plan and that all conditons or approval have been satisfactorily met or otherwise guaranteed. The final signed site development plan shall be the official site layout plan for the property and shall be attached to any appli- cation for a building permit on the subject property. 21.Q6.160 - Expiration. A site development plan shall expire and be of no further force and effect if building permits are not issued and kept active within the time specified in the resolution of approval or if no time is specified within one year from the date of approval.