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HomeMy WebLinkAbout1975-05-20; City Council; 3351-1; Amendment to Title 21 Municipal Code1 ' en iCITY OF CARLSBAD j\f ' •/ AGENDA BILL NO. 3351-Supplemeht 1 -.. Initial: DATE: May 20,. 1975 Dept.Hd. C. DEPARTMENT: City Attorney „ M 5 Subject: AMENDMENT TO TITLE 21 OF THE MUNICIPAL CODE TO PROVIDE FOR THE "Q" QUALIFIED DEVELOPMENT OVERLAY ZONE. Statement of the Matter The City Council at your meeting of May 6, 1975 directed the City Attorney to prepare the necessary documents to amend Title 21 to add the "Q" Qualified Development Overlay Zone. The ordinance amending Title 21 is attached. Exhibit Ordinance No. J*{•£,£?' amending Title 21. Recommendation If the Council desires to adopt the ordinance .amending Title 21., your action is to introduce Ordinance No Council Action 5-20-75 Ordinance No. 9425 was introduced for a first reading by tit!e only. 6-3-75 Ordinance No. 9425 was given a second reading by title only and adopted. k" p to- g - CC CM01 < o> |s|| !?3§ lu 2 oj <f(J £C «- m20 w?i < £ ° 0 1 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 does ord • Mi in T r* "i Ti^t1 Mi-lJJL_L, \^J-f-JCL to add 't zones. is amend is amend Sections i * * ..- ORDINANCE NO. 9425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2l"OF THE CARLSBAD MUNICIPAL CODE BY THE RENUMBERING OF CHAPTER 21.06 TO 21.05 AND BY THE ADDITION OF A NEW CHAPTER 21.06 TO PROVIDE FOR THE "Q" QUALIFIED DEVELOPMENT OVERLAY ZONE. ' • . • The City Council of the City of Carlsbad, California ciin as follows: .SECTION 1: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the"amendment of Section21. 06.010 to add 'the "Q" Qualified Development' Overlay Zone to the names of SECTION 2: That Title 21 of the Carlsbad Municipal Code is amended by the renumbering of Chapter 21.06'to 21.05. SECTION 3: That Title 21 of the Carlsbad Municipal Code is amended by the addition of new Chapter 21.06 to read as follows: "Chapter 21.06 'Q1 QUALIFIED DEVELOPMENT OVERLAY ZONE 21.06.010 Intent and purpose. 21.06.015 Application of 'Q' zone. ' 21.06.020 Permitted uses and structures. 21.06.030 Site development plan required. ' 21.06.040 Exceptions. 21.06.050 Permit application. 21.06.060 Filing fees. 21.06.070 Transmittal to the Planning Commission. 21.06.080 Planning Commission determination. 21.06.090 Development standards. 21.06.100 Lot requirements. . * 21.06.110 Conditions. 21.06.120 Announcement of decision.' 21.06.130 Effective date of order. 21.06.140 Appeal process. §• 8 S< *CD eJu. H}|'9° ii f £>2m !3 2 3"-':;§ 5 z ^! 8 o UJ ^^ <N <fo cc •- SHO w ** E ^ •w W o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 21.06.150 Final site development plan'. 21.06.160 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 l:or develop- ment within designated areas to: (1) Require that property development criteria are used to insure compliance with the general plan and any applicable specific plans. • (2) Provide that development will be compatible with sur- rounding developments, both existing and proposed. (3) Insure thav development occurs with due regard to environmental factors. . (4) 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. " . (5.) Provide for public improvements necessitated by the development. ' • • 21.06.015 Application/of 'Q' zone. It is intended that the 'Q1 zone be placed on properties with unique circumstances. Examples of situations that are considered unique include but are not limited to the following: (1) Special treatment areas as-indicated in the general plan. (2) Commercial zones that are in close proximity and relationship with residentially zoned properties. ' (3) Property proposed to be developed within a flood plain. . • (4) Property proposed to be developed as hillside develop ment or other physically sensitive areas. (5) 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 'Q1 Qualified Development Overlay Z,one any principal use, accessory use, transitional use or conditional use permitted in the under- lying zone is permitted subject to the same 'conditions and restric tions applicable in such underlying zone and to all of the require' ments of this chapter. 21.06.030 Site development plan required. Unless speci- fically exampted from the requirements of this chapter, no buildinc permit or other entitlement shall be issued for any use in the 'Q1 zone unless there is.a valid site development plan approved for the property. * 21.06.040 Exceptions. The following uses are exempted 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 § 15 16 I?"•V-S 5S§-2 1.8 M S C < S "7>0 <O'u. ^1 U O ^r 2> 50s^ |£m- <- o tu s,19 20 .21 22 23 24 25 26 27 28 on from the site development plan requirements: (1) One single-family' residential structure may be con- structed or enlarged on any residentially zoned lot. (2) One office building of less than 1,000 square feet may be constructed on any commercially or industrially zoned lot. (3) One enlargement of less than 1,000 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 prescribe the foiiv 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 require ments. The application after payment of the required fee shall be filed with the Planning Director. 21.06.060 Filing 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 devel- opment 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 Com- mission concurrent with their consideration 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 consideration. 21.06.080 Planning Commission determination. The Plannin< 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 'Q1 zon< 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 development plan- may impose special conditions or require- ments' that include provisions for, but are not limited to, the following: (1) Special setbacks, yards, open space. (2) Special height and bulk of building regulations. (3) Fences and walls. (4) Regulation of signs. (5)' Additional landscaping. - (6) Special grading restrictions. (7) Requiring street dedication and improvements (or posting of bonds) . • 3. • . o CO NDO, JOF CUENIANRIOITYAVEIFOBCIELCAu. 2 I 8 Dai 5 N <O c - 5Z O to O 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 (8) Requiring public improvements either on or off the subject site-thaib 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) Such other conditions as deemed necessary to insure conformity 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: (1) Color. (2) Texture. (3) Materials. (4) Adornments. 21.06.100 Lot requirements.' The "Q" zone may be placed on any size or dimensioned, legally created lot. 21.06.110 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 pro- visions of this chapter, the general plan and any applicable specific plans. 21.06.120 Announcement of decision. The Planning Com- mission 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 final and 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 effec- tive date of the Planning Commission decision un.til 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 shall advise 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 reso- lution. If such resolution grants approval of a site development plan it shall also recite such conditions, requirements, design criteria or development 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. 4. VINCENT F. BIONDO, JR. ' 'CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUE . • ' ' '' CARLSBAD, CALIFORNIA 92008 ' ' . - '•1 2 5 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 DO t _ 21.06.150 Final site development plan. After approval the applicant- shall submit a reproducible copy of the site de-. velopmcnt 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 conditions of approval have been satisfactorily met or otherwise guaranteed. The final signed site development plan shall be the offi- cial site layout plan for the property and shall be attached to any application for a building permit on the subject property. 21.06.160 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 . EFFECTIVE DATE: This ordinance shall be effective thirty 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 fifteen days after its adop- tion. • INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 20th day of May , 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council' held on the 3rd day of- June , 1975, by the following vote to wit : . . • • AYES: Councilman Frazee, Chase, Skotnicki, and Council-•• . woman Casler. NOES: Councilman Chase. ABSENT: None. ^~Y9 ' ' J />^c/CJUSc^ • ' ROBERT C. FRAZEE, Mayor ATTEST: /7 ' /y h(A.^.,/^U^r c, L-'[/(.4L.f<n4f/ • . MARGARET //E. ADAMS, City Clerk (SEAL)' / ' . 5. •r ' * "